Project Area Plan and Budget

Utah Code tit. 11, ch. 11-65, pt. 11-65-P4

in effect

Utah Code § 11-65-401 Preparation of project area plan -- Required contents of project area plan.

11-65-401. Preparation of project area plan -- Required contents of project area plan. (1) (a) The lake authority board's adoption of a project area plan is governed by this part. (b) In order to adopt a project area plan, the lake authority board shall: (i) prepare a draft project area plan; (ii) give notice as required under Subsection 11-65-402(2); (iii) hold the public meetings required under Subsection 11-65-402(1) at least 30 days apart; and (iv) after holding the required public meetings and subject to Subsection (1)(c), adopt the draft project area plan as the project area plan. (c) (i) The lake authority board may not adopt the project area plan until at least 30 days after the last public meeting under Section 11-65-402. (ii) Before adopting a draft project area plan as the project area plan, the lake authority board may make modifications to the draft project area plan that the board considers necessary or appropriate. (d) (i) A lease or development agreement that the lake authority enters before the creation of a project area shall provide that the board is not required to create a project area. (ii) The lake authority may not be required to pay any amount or incur any loss or penalty for the board's failure to create a project area. (2) Each project area plan and draft project area plan shall contain: (a) a legal description of the boundary of the project area that is the subject of the project area plan; (b) the lake authority's purposes and intent with respect to the project area; (c) a description of any management proposed to occur within the project area; and (d) the board's findings and determination that: (i) there is a need to effectuate a public purpose; (ii) there is a public benefit to the proposed management project; (iii) it is economically sound and feasible to adopt and carry out the project area plan; and (iv) carrying out the project area plan will promote the purposes of the lake authority, as stated in Section 11-65-203. Enacted by Chapter 59, 2022 General Session

Utah Code § 11-65-402 Public meetings to consider and discuss draft project area plan -- Notice -- Adoption of plan.

11-65-402. Public meetings to consider and discuss draft project area plan -- Notice -- Adoption of plan. (1) The lake authority board shall hold at least two public meetings to: (a) receive public comment on the draft project area plan; and (b) consider and discuss the draft project area plan. (2) At least 10 days before holding a public meeting under Subsection (1), the lake authority board shall: (a) provide notice of the public meeting, for Utah County, as a class A notice under Section 63G-30-102, for at least 10 days; (b) provide notice of the public meeting to a public entity that has entered into an agreement with the lake authority for sharing property tax revenue; and (c) provide email notice of the public meeting to each person who has submitted a written request to the board to receive email notice of a public meeting under this section. (3) Following consideration and discussion of the project area plan, the board may adopt the draft project area plan as the project area plan. Amended by Chapter 435, 2023 General Session

Utah Code § 11-65-403 Notice of project area plan adoption -- Effective date of plan -- Time limit on challenge to plan or project area.

11-65-403. Notice of project area plan adoption -- Effective date of plan -- Time limit on challenge to plan or project area. (1) Upon the board's adoption of a project area plan, the board shall provide notice as provided in Subsection (2) by publishing or causing to be published legal notice as required by Section 45-1-101. (2) (a) A notice under Subsection (1) shall include: (i) the board resolution adopting the project area plan or a summary of the resolution; and (ii) a statement that the project area plan is available for general public inspection and the hours for inspection. (b) The statement required under Subsection (2)(a)(ii) may be included in the board resolution or summary described in Subsection (2)(a)(i). (3) The project area plan becomes effective on the date designated in the board resolution adopting the project area plan. (4) The lake authority shall make the adopted project area plan available to the general public at the lake authority's office during normal business hours. (5) Within 10 days after the day on which a project area plan is adopted that establishes a project area, or after an amendment to a project area plan is adopted under which the boundary of a project area is modified, the lake authority shall send notice of the establishment or modification of the project area and an accurate map or plat of the project area to: (a) the State Tax Commission; (b) the Utah Geospatial Resource Center created in Section 63A-16-505; and (c) the assessor and recorder of each county where the project area is located. (6) A legal action or other challenge to a project area plan or a project area described in a project area plan is barred unless brought within 90 days after the effective date of the project area plan. Enacted by Chapter 59, 2022 General Session

Utah Code § 11-65-404 Amendment to a project area plan.

11-65-404. Amendment to a project area plan. (1) The lake authority may amend a project area plan by following the same procedure under this part as applies to the adoption of a project area plan. (2) The provisions of this part apply to the lake authority's adoption of an amendment to a project area plan to the same extent as they apply to the adoption of a project area plan. (3) An amendment to a project area plan does not affect the base taxable value determination for property already within the project area before the amendment. Enacted by Chapter 59, 2022 General Session

Utah Code § 11-65-405 Project area budget.

11-65-405. Project area budget. (1) Before the lake authority may use authority funds to implement the management plan, the authority board shall prepare and adopt a project area budget. (2) The lake authority board may amend an adopted project area budget as and when the lake authority board considers an amendment appropriate. (3) If the lake authority adopts a budget under Part 6, Lake Authority Budget, Reporting, and Audits, that also meets the requirements of this part, the lake authority need not separately adopt a budget under this part. Enacted by Chapter 59, 2022 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title11/Chapter65/11-65-P4.html?v=C11-65-P4_2022050420220504Fetched: 10/26/2026