Utah Code § 17C-3-101.1 Title.
17C-3-101.1. Title.
This chapter is known as "Economic Development."
Enacted by Chapter 350, 2016 General Session
Economic Development Project Area Plan
Utah Code tit. 17C, ch. 17C-3, pt. 17C-3-P1
in effectUtah Code § 17C-3-101.2 Applicability of chapter.
17C-3-101.2. Applicability of chapter.
This chapter applies to an economic development project area that is effective:
(1) before May 10, 2016; or
(2) before September 1, 2016, if an agency adopted a resolution in accordance with Section 17C-3-101.5 before April 1, 2016.
Enacted by Chapter 350, 2016 General Session
Utah Code § 17C-3-101.5 Resolution authorizing the preparation of a proposed economic development project area plan -- Request to adopt resolution.
17C-3-101.5. Resolution authorizing the preparation of a proposed economic development project area plan -- Request to adopt resolution.
(1) A board may begin the process of adopting an economic development project area plan by adopting a resolution that authorizes the preparation of a proposed project area plan.
(2)
(a) Any person or any group, association, corporation, or other entity may submit a written request to the board to adopt a resolution under Subsection (1).
(b) A request under Subsection (2)(a) may include plans showing the project area development proposed for an area within the agency's boundaries.
(c) The board may, in the board's sole discretion, grant or deny a request under Subsection (2)(a).
Renumbered and Amended by Chapter 350, 2016 General Session
Utah Code § 17C-3-102 Process for adopting an economic development project area plan -- Prerequisites -- Restrictions.
17C-3-102. Process for adopting an economic development project area plan -- Prerequisites -- Restrictions.
(1) In order to adopt an economic development project area plan, after adopting a resolution under Subsection 17C-3-101.5(1) the agency shall:
(a) prepare a proposed economic development project area plan and conduct any examination, investigation, and negotiation regarding the project area plan that the agency considers appropriate;
(b) make the proposed project area plan available to the public at the agency's offices during normal business hours;
(c) provide notice of the plan hearing as provided in Chapter 1, Part 8, Hearing and Notice Requirements;
(d) hold a public hearing on the proposed project area plan and, at that public hearing:
(i) allow public comment on:
(A) the proposed project area plan; and
(B) whether the proposed project area plan should be revised, approved, or rejected; and
(ii) receive all written and hear all oral objections to the proposed project area plan;
(e) before holding the plan hearing, provide an opportunity for the State Board of Education and each taxing entity within the proposed project area to consult with the agency regarding the proposed project area plan;
(f) after holding the plan hearing, at the same meeting or at a subsequent meeting consider:
(i) the oral and written objections to the proposed project area plan and evidence and testimony for or against adoption of the proposed project area plan; and
(ii) whether to revise, approve, or reject the proposed project area plan;
(g) approve the proposed project area plan, with or without revisions, as the project area plan by a resolution that complies with Section 17C-3-105; and
(h) submit the project area plan to the community legislative body for adoption.
(2) An agency may not propose a project area plan under Subsection (1) unless the community in which the proposed project area is located:
(a) has a planning commission; and
(b) has adopted a general plan under:
(i) if the community is a municipality, Title 10, Chapter 20, Part 4, General Plan; or
(ii) if the community is a county, Title 17, Chapter 79, Part 4, General Plan.
(3) A board may not approve a project area plan more than one year after the date of the plan hearing.
(4)
(a) Except as provided in Subsection (4)(b), a proposed project area plan may not be modified to add one or more parcels to the proposed project area unless the board holds a plan hearing to consider the addition and gives notice of the plan hearing as required under Chapter 1, Part 8, Hearing and Notice Requirements.
(b) The notice and hearing requirements under Subsection (4)(a) do not apply to a proposed project area plan being modified to add one or more parcels to the proposed project area if:
(i) the parcel is contiguous to the parcels already included in the proposed project area under the proposed project area plan; and
(ii) the record owner of the property consents to adding the parcel to the proposed project area.
Amended by Chapter 15, 2025 Special Session 1
Utah Code § 17C-3-103 Economic development project area plan requirements.
17C-3-103. Economic development project area plan requirements.
(1) Each economic development project area plan and proposed project area plan shall:
(a) describe the boundaries of the project area, subject to Section 17C-1-414, if applicable;
(b) contain a general statement of the land uses, layout of principal streets, population densities, and building intensities of the project area and how they will be affected by the project area development;
(c) state the standards that will guide the project area development;
(d) show how the purposes of this title will be attained by the project area development;
(e) be consistent with the general plan of the community in which the project area is located and show that the project area development will conform to the community's general plan;
(f) describe how the project area development will create additional jobs;
(g) describe any specific project or projects that are the object of the proposed project area development;
(h) identify how a participant will be selected to undertake the project area development and identify each participant currently involved in the project area development;
(i) state the reasons for the selection of the project area;
(j) describe the physical, social, and economic conditions existing in the project area;
(k) describe any tax incentives offered private entities for facilities located in the project area;
(l) include an analysis, as provided in Subsection (2), of whether adoption of the project area plan is beneficial under a benefit analysis;
(m) if any of the existing buildings or uses in the project area are included in or eligible for inclusion in the National Register of Historic Places or the State Register, state that the agency shall comply with Subsection 9-8a-404(1) as though the agency were a state agency; and
(n) include other information that the agency determines to be necessary or advisable.
(2) Each analysis under Subsection (1)(l) shall consider:
(a) the benefit of any financial assistance or other public subsidy proposed to be provided by the agency, including:
(i) an evaluation of the reasonableness of the costs of project area development;
(ii) efforts the agency or participant has made or will make to maximize private investment;
(iii) the rationale for use of tax increment, including an analysis of whether the proposed project area development might reasonably be expected to occur in the foreseeable future solely through private investment; and
(iv) an estimate of the total amount of tax increment that will be expended in undertaking project area development and the length of time for which it will be expended; and
(b) the anticipated public benefit to be derived from the project area development, including:
(i) the beneficial influences upon the tax base of the community;
(ii) the associated business and economic activity likely to be stimulated; and
(iii) the number of jobs or employment anticipated to be generated or preserved.
Amended by Chapter 160, 2023 General Session
Utah Code § 17C-3-104 Existing and historic buildings and uses in an economic development project area.
17C-3-104. Existing and historic buildings and uses in an economic development project area.
If any of the existing buildings or uses in an economic development project area are included in or eligible for inclusion in the National Register of Historic Places or the State Register, the agency shall comply with Subsection 9-8a-404(1) as though the agency were a state agency.
Amended by Chapter 160, 2023 General Session
Utah Code § 17C-3-105 Board resolution approving an economic development project area plan -- Requirements.
17C-3-105. Board resolution approving an economic development project area plan -- Requirements.
Each board resolution approving a proposed economic development project area plan as the project area plan under Subsection 17C-3-102(1)(g) shall contain:
(1) a boundary description of the boundaries of the project area that is the subject of the project area plan;
(2) the agency's purposes and intent with respect to the project area;
(3) the project area plan incorporated by reference; and
(4) the board findings and determinations that:
(a) there is a need to effectuate a public purpose;
(b) there is a public benefit under the analysis described in Subsection 17C-3-103(2);
(c) it is economically sound and feasible to adopt and carry out the project area plan;
(d) the project area plan conforms to the community's general plan; and
(e) carrying out the project area plan will promote the public peace, health, safety, and welfare of the community in which the project area is located.
Amended by Chapter 350, 2016 General Session
Utah Code § 17C-3-106 Economic development project area plan to be adopted by community legislative body.
17C-3-106. Economic development project area plan to be adopted by community legislative body.
(1) An economic development project area plan approved by board resolution under Subsection 17C-3-102(1)(g) may not take effect until it has been adopted by ordinance of the legislative body of the community that created the agency and notice under Section 17C-3-107 is provided.
(2) Each ordinance under Subsection (1) shall:
(a) be adopted by the community legislative body after the board's approval of a resolution under Subsection 17C-3-102(1)(g); and
(b) designate the approved project area plan as the official economic development plan of the project area.
Enacted by Chapter 359, 2006 General Session
Utah Code § 17C-3-107 Notice of economic development project area plan adoption -- Effective date of plan -- Contesting the formation of the plan.
17C-3-107. Notice of economic development project area plan adoption -- Effective date of plan -- Contesting the formation of the plan.
(1)
(a) Upon the community legislative body's adoption of an economic development project area plan, or an amendment to the project area plan under Section 17C-3-109 that requires notice, the legislative body shall provide notice as provided in Subsection (1)(b) by publishing notice for the agency's jurisdiction, as a class A notice under Section 63G-30-102, for at least 30 days.
(b) Each notice under Subsection (1)(a) shall:
(i) set forth the community legislative body's ordinance adopting the project area plan or a summary of the ordinance; and
(ii) include a statement that the project area plan is available for public inspection and the hours for inspection.
(2) The project area plan shall become effective at the end of the 30-day period described in Subsection (1)(a).
(3)
(a) For a period of 30 days after the effective date of the project area plan under Subsection (2), any person may contest the project area plan or the procedure used to adopt the project area plan if the plan or procedure fails to comply with applicable statutory requirements.
(b) After the 30-day period under Subsection (3)(a) expires, a person may not contest the project area plan or procedure used to adopt the project area plan for any cause.
(4) Upon adoption of the economic development project area plan by the community legislative body, the agency may implement the project area plan.
(5) Each agency shall make the economic development project area plan available to the general public at the agency's office during normal business hours.
Amended by Chapter 435, 2023 General Session
Utah Code § 17C-3-108 Agency required to transmit and record documents after adoption of economic development project area plan.
17C-3-108. Agency required to transmit and record documents after adoption of economic development project area plan.
Within 30 days after the community legislative body adopts, under Section 17C-3-106, an economic development project area plan, the agency shall:
(1) record with the recorder of the county in which the economic development project area is located a document containing:
(a) a description of the land within the project area;
(b) a statement that the project area plan for the project area has been adopted; and
(c) the date of adoption;
(2) transmit a copy of the description of the land within the project area and an accurate map or plat indicating the boundaries of the project area to the Utah Geospatial Resource Center created under Section 63A-16-505; and
(3) for a project area plan that provides for the agency to receive tax increment, transmit a copy of the description of the land within the project area, a copy of the community legislative body ordinance adopting the project area plan, and a map or plat indicating the boundaries of the project area to:
(a) the auditor, recorder, attorney, surveyor, and assessor of each county in which any part of the project area is located;
(b) the officer or officers performing the function of auditor or assessor for each taxing entity that does not use the county assessment roll or collect the taxing entity's taxes through the county;
(c) the legislative body or governing board of each taxing entity;
(d) the State Tax Commission; and
(e) the State Board of Education.
Amended by Chapter 162, 2021 General Session
Amended by Chapter 345, 2021 General Session
Utah Code § 17C-3-109 Amending an economic development project area plan.
17C-3-109. Amending an economic development project area plan.
(1) Except as provided in Section 17C-1-1002, an agency may amend an economic development project area plan as provided in this section.
(2) If an agency proposes to amend an economic development project area plan to enlarge the project area:
(a) the requirements under this part that apply to adopting a project area plan apply equally to the proposed amendment as if it were a proposed project area plan;
(b) the base year for the new area added to the project area shall be determined under Subsection 17C-1-102(9) using the date of the taxing entity committee's consent referred to in Subsection (2)(c); and
(c) the agency shall obtain the consent of the taxing entity committee before the agency may collect tax increment from the area added to the project area by the amendment.
(3) If a proposed amendment does not propose to enlarge an economic development project area, a board may adopt a resolution approving an amendment to an economic development project area plan after:
(a) the agency gives notice, as provided in Chapter 1, Part 8, Hearing and Notice Requirements, of the proposed amendment and of the public hearing required by Subsection (3)(b);
(b) the board holds a public hearing on the proposed amendment that meets the requirements of a plan hearing;
(c) the agency obtains the taxing entity committee's consent to the amendment, if the amendment proposes:
(i) to enlarge the area within the project area from which tax increment is received; or
(ii) to permit the agency to receive a greater percentage of tax increment or to extend the project area funds collection period under the economic development project area plan; and
(d) the agency obtains the consent of the legislative body or governing board of each taxing entity affected, if the amendment proposes to permit the agency to receive, from less than all taxing entities, a greater percentage of tax increment or to extend the project area funds collection period, or both, than allowed under the economic development project area plan.
(4)
(a) An economic development project area plan may be amended without complying with the notice and public hearing requirements of Subsections (2)(a) and (3)(a) and (b) and without obtaining taxing entity committee approval under Subsection (3)(c) if the amendment:
(i) makes a minor adjustment in the boundary description of a project area boundary requested by a county assessor or county auditor to avoid inconsistent property boundary lines; or
(ii) subject to Subsection (4)(b), removes one or more parcels from a project area because the agency determines that each parcel removed is:
(A) tax exempt; or
(B) no longer necessary or desirable to the project area.
(b) An amendment removing one or more parcels from a project area under Subsection (4)(a) may be made without the consent of the record property owner of each parcel being removed.
(5)
(a) An amendment approved by board resolution under this section may not take effect until adopted by ordinance of the legislative body of the community in which the project area that is the subject of the project area plan being amended is located.
(b) Upon a community legislative body passing an ordinance adopting an amendment to a project area plan, the agency whose project area plan was amended shall comply with the requirements of Sections 17C-3-107 and 17C-3-108 to the same extent as if the amendment were a project area plan.
(6)
(a) Within 30 days after the day on which an amendment to a project area plan becomes effective, a person may contest the amendment to the project area plan or the procedure used to adopt the amendment to the project area plan if the amendment or procedure fails to comply with a provision of this title.
(b) After the 30-day period described in Subsection (6)(a) expires, a person may not contest the amendment to the project area plan or procedure used to adopt the amendment to the project area plan for any cause.
Amended by Chapter 214, 2021 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17C/Chapter3/17C-3-P1.html?v=C17C-3-P1_1800010118000101Fetched: 10/26/2026