General Land Use Provisions

Utah Code tit. 17, ch. 17-79, pt. 17-79-P3

in effect

Utah Code § 17-79-301 Ordinance establishing planning commission required -- Exception -- Ordinance requirements -- Planning advisory area planning commission -- Compensation.

17-79-301. Ordinance establishing planning commission required -- Exception -- Ordinance requirements -- Planning advisory area planning commission -- Compensation. (1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance establishing a countywide planning commission for the unincorporated areas of the county not within a planning advisory area. (b) Subsection (1)(a) does not apply if all of the county is included within any combination of: (i) municipalities; (ii) planning advisory areas each with a separate planning commission; and (iii) mountainous planning districts. (c) (i) Notwithstanding Subsection (1)(a), a county that designates a mountainous planning district shall enact an ordinance, subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over the entire mountainous planning district. (ii) A planning commission described in Subsection (1)(c)(i) has jurisdiction subject to a local health department exercising the local health department's authority in accordance with Title 26A, Chapter 1, Local Health Departments, and a municipality exercising the municipality's authority in accordance with Section 10-8-15. (iii) The ordinance shall require that members of the planning commission be appointed by the county executive with the advice and consent of the county legislative body. (2) (a) Notwithstanding Subsection (1)(b), the county legislative body of a county of the first or second class that includes more than one planning advisory area each with a separate planning commission may enact an ordinance that: (i) dissolves each planning commission within the county; and (ii) establishes a countywide planning commission that has jurisdiction over: (A) each planning advisory area within the county; and (B) the unincorporated areas of the county not within a planning advisory area. (b) A countywide planning commission established under Subsection (2)(a) shall assume the duties of each dissolved planning commission. (3) (a) The ordinance described in Subsection (1)(a), (1)(c), or (2)(a) shall: (i) include the number and terms of the planning commission members and, if the county chooses, alternate members; (ii) provide procedures for appointing a planning commission member; (iii) provide procedures for filling vacancies on the planning commission; (iv) provide procedures for removing a planning commission member from the planning commission; (v) except as provided in Subsection (3)(a)(vi), describe the causes for which a planning commission member may be removed from the planning commission, which shall include: (A) using public funds for a political purpose under Title 20A, Chapter 11, Part 12, Political Activities of Public Entities Act; (B) violating a provision of Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; and (C) acting with the intent to influence a land use decision or an appeal of a pending land use application in a manner that creates actual impermissible bias or an unacceptable risk of impermissible bias in the planning commission member's administrative or quasi-judicial duties; (vi) provide that a planning commission member deliberating about a specific pending land use application in a planning commission meeting with municipal staff, an elected official, or the land use applicant is not cause for removing a planning commission member from the planning commission; (vii) provide requirements for when a planning commission member shall recuse oneself from deliberating or voting on certain land use applications; (viii) define the authority of the planning commission; (ix) subject to Subsection (3)(b), include rules of order and procedure for use by the planning commission in a public meeting; and (x) include other details relating to the organization and procedures of the planning commission. (b) Subsection (3)(a)(ix) does not affect the planning commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act. (4) (a) (i) If the county establishes a planning advisory area planning commission, the county legislative body shall enact an ordinance that defines: (A) appointment procedures; (B) procedures for filling vacancies and removing members from office; (C) subject to Subsection (4)(a)(ii), the rules of order and procedure for use by the planning advisory area planning commission in a public meeting; and (D) details relating to the organization and procedures of each planning advisory area planning commission. (ii) Subsection (4)(a)(i)(C) does not affect the planning advisory area planning commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act. (b) The planning commission for each planning advisory area shall consist of seven members who shall be appointed by: (i) in a county operating under a form of government in which the executive and legislative functions of the governing body are separated, the county executive with the advice and consent of the county legislative body; or (ii) in a county operating under a form of government in which the executive and legislative functions of the governing body are not separated, the county legislative body. (c) (i) Members shall serve four-year terms and until their successors are appointed and qualified. (ii) Notwithstanding the provisions of Subsection (4)(c)(i), members of the first planning commissions shall be appointed so that, for each commission, the terms of at least one member and no more than two members expire each year. (d) (i) Each member of a planning advisory area planning commission shall be a registered voter residing within the planning advisory area. (ii) Subsection (4)(d)(i) does not apply to a member described in Subsection (5)(a) if that member was, before May 12, 2015, authorized to reside outside of the planning advisory area. (5) (a) A member of a planning commission who was elected to and served on a planning commission on May 12, 2015, shall serve out the term to which the member was elected. (b) Upon the expiration of an elected term described in Subsection (5)(a), the vacant seat shall be filled by appointment in accordance with this section. (6) Upon the appointment of all members of a planning advisory area planning commission, each planning advisory area planning commission under this section shall begin to exercise the powers and perform the duties provided in Section 17-79-302 with respect to all matters then pending that previously had been under the jurisdiction of the countywide planning commission or planning advisory area planning and zoning board. (7) The legislative body may authorize a member of a planning commission to receive per diem and travel expenses for meetings actually attended, in accordance with Section 11-55-103. Amended by Chapter 166, 2026 General Session

Utah Code § 17-79-302 Planning commission powers and duties -- Training requirements.

17-79-302. Planning commission powers and duties -- Training requirements. (1) Each countywide, planning advisory area, or mountainous planning district planning commission shall, with respect to the unincorporated area of the county, the planning advisory area, or the mountainous planning district, review and make a recommendation to the county legislative body for: (a) a general plan and amendments to the general plan; (b) land use regulations, including: (i) ordinances regarding the subdivision of land within the county; and (ii) amendments to existing land use regulations; (c) an appropriate delegation of power to at least one designated land use authority to hear and act on a land use application; (d) an appropriate delegation of power to at least one appeal authority to hear and act on an appeal from a decision of the land use authority; and (e) application processes that: (i) may include a designation of routine land use matters that, upon application and proper notice, will receive informal streamlined review and action if the application is uncontested; and (ii) shall protect the right of each: (A) land use applicant and adversely affected party to require formal consideration of any application by a land use authority; and (B) land use applicant or adversely affected party to appeal a land use authority's decision to a separate appeal authority. (2) Before making a recommendation to a legislative body on an item described in Subsection (1)(a) or (b), the planning commission shall hold a public hearing in accordance with Section 17-79-404. (3) A legislative body may adopt, modify, or reject a planning commission's recommendation to the legislative body under this section. (4) Nothing in this section limits the right of a county to initiate or propose the actions described in this section. (5) (a) (i) This Subsection (5) applies to a county that: (A) is a county of the first, second, or third class; and (B) has a population in the county's unincorporated areas of 5,000 or more. (ii) The population for each county described in Subsection (5)(a)(i) shall be derived from: (A) an estimate of the Utah Population Committee created in Section 63C-20-103; or (B) if the Utah Population Committee estimate is not available, the most recent official census or census estimate of the United States Census Bureau. (b) A county described in Subsection (5)(a)(i) shall ensure that each member of the county's planning commission completes four hours of annual land use training as follows: (i) one hour of annual training on general powers and duties, including the role of the planning commission in administrative, legislative, and quasi-judicial functions under this chapter; and (ii) three hours of annual training on a combination of land use and ethics, which may include: (A) appeals and variances; (B) conditional use permits; (C) exactions; (D) impact fees; (E) vested rights; (F) subdivision regulations and improvement guarantees; (G) land use referenda; (H) property rights; (I) real estate procedures and financing; (J) zoning, including use-based and form-based; (K) drafting ordinances and code that complies with statute; (L) ex parte communication; and (M) conflict of interest. (c) A newly appointed planning commission member may not participate in a public meeting as an appointed member until the member completes the training described in Subsection (5)(b)(i). (d) A planning commission member may qualify for one completed hour of training required under Subsection (5)(b)(ii) if the member attends, as an appointed member, 12 public meetings of the planning commission within a calendar year. (e) A county shall provide the training described in Subsection (5)(b) through: (i) county staff; (ii) the Utah Association of Counties; or (iii) a list of training courses selected by: (A) the Utah Association of Counties; or (B) the Division of Real Estate created in Section 61-2-201. (f) A county shall, for each planning commission member: (i) monitor compliance with the training requirements in Subsection (5)(b); and (ii) maintain a record of training completion at the end of each calendar year. Amended by Chapter 166, 2026 General Session

Utah Code § 17-79-303 Planning advisory areas -- Notice of hearings.

17-79-303. Planning advisory areas -- Notice of hearings. (1) (a) A planning advisory area may be established as provided in this Subsection (1). (b) A planning advisory area may not be established unless the area to be included within the proposed planning advisory area: (i) is unincorporated; (ii) is contiguous; and (iii) (A) contains: (I) at least 20% but not more than 80% of: (Aa) the total private land area in the unincorporated county; or (Bb) the total value of locally assessed taxable property in the unincorporated county; or (II) (Aa) in a county of the second or third class, at least 5% of the total population of the unincorporated county, but not less than 300 residents; or (Bb) in a county of the fourth, fifth, or sixth class, at least 25% of the total population of the unincorporated county; or (B) has been declared by the United States Census Bureau as a census designated place. (c) (i) The process to establish a planning advisory area is initiated by the filing of a petition with the clerk of the county in which the proposed planning advisory area is located. (ii) A petition to establish a planning advisory area may not be filed if it proposes the establishment of a planning advisory area that includes an area within a proposed planning advisory area in a petition that has previously been certified under Subsection (1)(g), until after the canvass of an election on the proposed planning advisory area under Subsection (1)(j). (d) A petition under Subsection (1)(c) to establish a planning advisory area shall: (i) be signed by the owners of private real property that: (A) is located within the proposed planning advisory area; (B) covers at least 10% of the total private land area within the proposed planning advisory area; and (C) is equal in value to at least 10% of the value of all private real property within the proposed planning advisory area; (ii) be accompanied by an accurate plat or map showing the boundary of the contiguous area proposed to be established as a planning advisory area; (iii) indicate the typed or printed name and current residence address of each owner signing the petition; (iv) designate up to five signers of the petition as petition sponsors, one of whom shall be designated as the contact sponsor, with the mailing address and telephone number of each petition sponsor; (v) authorize the petition sponsor or sponsors to act on behalf of all owners signing the petition for purposes of the petition; and (vi) request the county legislative body to provide notice of the petition and of a public hearing, hold a public hearing, and conduct an election on the proposal to establish a planning advisory area. (e) Subsection 10-2a-102(3) applies to a petition to establish a planning advisory area to the same extent as if it were an incorporation petition under Title 10, Chapter 2a, Municipal Incorporation. (f) (i) Within seven days after the filing of a petition under Subsection (1)(c) proposing the establishment of a planning advisory area in a county of the second class, the county clerk shall provide notice of the filing of the petition to: (A) each owner of real property owning more than 1% of the assessed value of all real property within the proposed planning advisory area; and (B) each owner of real property owning more than 850 acres of real property within the proposed planning advisory area. (ii) A property owner may exclude all or part of the property owner's property from a proposed planning advisory area in a county of the second class: (A) if: (I) (Aa) (Ii) the property owner owns more than 1% of the assessed value of all property within the proposed planning advisory area; (IIii) the property is nonurban; and (IIIiii) the property does not or will not require municipal provision of municipal-type services; or (Bb) the property owner owns more than 850 acres of real property within the proposed planning advisory area; and (II) exclusion of the property will not leave within the planning advisory area an island of property that is not part of the planning advisory area; and (B) by filing a notice of exclusion within 10 days after receiving the clerk's notice under Subsection (1)(f)(i). (iii) (A) The county legislative body shall exclude from the proposed planning advisory area the property identified in a notice of exclusion timely filed under Subsection (1)(f)(ii)(B) if the property meets the applicable requirements of Subsection (1)(f)(ii)(A). (B) If the county legislative body excludes property from a proposed planning advisory area under Subsection (1)(f)(iii), the county legislative body shall, within five days after the exclusion, send written notice of its action to the contact sponsor. (g) (i) Within 45 days after the filing of a petition under Subsection (1)(c), the county clerk shall: (A) with the assistance of other county officers from whom the clerk requests assistance, determine whether the petition complies with the requirements of Subsection (1)(d); and (B) (I) if the clerk determines that the petition complies with the requirements of Subsection (1)(d): (Aa) certify the petition and deliver the certified petition to the county legislative body; and (Bb) mail or deliver written notification of the certification to the contact sponsor; or (II) if the clerk determines that the petition fails to comply with any of the requirements of Subsection (1)(d), reject the petition and notify the contact sponsor in writing of the rejection and the reasons for the rejection. (ii) If the county clerk rejects a petition under Subsection (1)(g)(i)(B)(II), the petition may be amended to correct the deficiencies for which it was rejected and then refiled with the county clerk. (h) (i) Within 90 days after a petition to establish a planning advisory area is certified, the county legislative body shall hold a public hearing on the proposal to establish a planning advisory area. (ii) A public hearing under Subsection (1)(h)(i) shall be: (A) within the boundary of the proposed planning advisory area; or (B) if holding a public hearing in that area is not practicable, as close to that area as practicable. (iii) At least one week before holding a public hearing under Subsection (1)(h)(i), the county legislative body shall publish notice of the petition and the time, date, and place of the public hearing for the county, as a class A notice under Section 63G-30-102, for at least one week. (i) Following the public hearing under Subsection (1)(h)(i), the county legislative body shall arrange for the proposal to establish a planning advisory area to be submitted to voters residing within the proposed planning advisory area at the next regular general election that is more than 90 days after the public hearing. (j) A planning advisory area is established at the time of the canvass of the results of an election under Subsection (1)(i) if the canvass indicates that a majority of voters voting on the proposal to establish a planning advisory area voted in favor of the proposal. (k) An area that is an established township before May 12, 2015: (i) is, as of May 12, 2015, a planning advisory area; and (ii) (A) shall change its name, if applicable, to no longer include the word "township"; and (B) may use the word "planning advisory area" in its name. (2) The county legislative body may: (a) assign to the countywide planning commission the duties established in this part that would have been assumed by a planning advisory area planning commission designated under Subsection (2)(b); or (b) designate and appoint a planning commission for the planning advisory area. (3) (a) An area within the boundary of a planning advisory area may be withdrawn from the planning advisory area as provided in this Subsection (3) or in accordance with Subsection (5)(a). (b) The process to withdraw an area from a planning advisory area is initiated by the filing of a petition with the clerk of the county in which the planning advisory area is located. (c) A petition under Subsection (3)(b) shall: (i) be signed by the owners of private real property that: (A) is located within the area proposed to be withdrawn from the planning advisory area; (B) covers at least 50% of the total private land area within the area proposed to be withdrawn from the planning advisory area; and (C) is equal in value to at least 33% of the value of all private real property within the area proposed to be withdrawn from the planning advisory area; (ii) state the reason or reasons for the proposed withdrawal; (iii) be accompanied by an accurate plat or map showing the boundary of the contiguous area proposed to be withdrawn from the planning advisory area; (iv) indicate the typed or printed name and current residence address of each owner signing the petition; (v) designate up to five signers of the petition as petition sponsors, one of whom shall be designated as the contact sponsor, with the mailing address and telephone number of each petition sponsor; (vi) authorize the petition sponsor or sponsors to act on behalf of all owners signing the petition for purposes of the petition; and (vii) request the county legislative body to withdraw the area from the planning advisory area. (d) Subsection 10-2a-102(3) applies to a petition to withdraw an area from a planning advisory area to the same extent as if it were an incorporation petition under Title 10, Chapter 2a, Municipal Incorporation. (e) (i) Within 45 days after the filing of a petition under Subsection (3)(b), the county clerk shall: (A) with the assistance of other county officers from whom the clerk requests assistance, determine whether the petition complies with the requirements of Subsection (3)(c); and (B) (I) if the clerk determines that the petition complies with the requirements of Subsection (3)(c): (Aa) certify the petition and deliver the certified petition to the county legislative body; and (Bb) mail or deliver written notification of the certification to the contact sponsor; or (II) if the clerk determines that the petition fails to comply with any of the requirements of Subsection (3)(c), reject the petition and notify the contact sponsor in writing of the rejection and the reasons for the rejection. (ii) If the county clerk rejects a petition under Subsection (3)(e)(i)(B)(II), the petition may be amended to correct the deficiencies for which it was rejected and then refiled with the county clerk. (f) (i) Within 60 days after a petition to withdraw an area from a planning advisory area is certified, the county legislative body shall hold a public hearing on the proposal to withdraw the area from the planning advisory area. (ii) A public hearing under Subsection (3)(f)(i) shall be held: (A) within the area proposed to be withdrawn from the planning advisory area; or (B) if holding a public hearing in that area is not practicable, as close to that area as practicable. (iii) Before holding a public hearing under Subsection (3)(f)(i), the county legislative body shall publish notice of the petition and the time, date, and place of the public hearing for the area proposed to be withdrawn, as a class B notice under Section 63G-30-102, for at least three weeks before the date of the hearing. (g) (i) Within 45 days after the public hearing under Subsection (3)(f)(i), the county legislative body shall make a written decision on the proposal to withdraw the area from the planning advisory area. (ii) In making its decision as to whether to withdraw the area from the planning advisory area, the county legislative body shall consider: (A) whether the withdrawal would leave the remaining planning advisory area in a situation where the future incorporation of an area within the planning advisory area or the annexation of an area within the planning advisory area to an adjoining municipality would be economically or practically not feasible; (B) if the withdrawal is a precursor to the incorporation or annexation of the withdrawn area: (I) whether the proposed subsequent incorporation or withdrawal: (Aa) will leave or create an unincorporated island or peninsula; or (Bb) will leave the county with an area within its unincorporated area for which the cost, requirements, or other burdens of providing municipal services would materially increase over previous years; and (II) whether the municipality to be created or the municipality into which the withdrawn area is expected to annex would be or is capable, in a cost effective manner, of providing service to the withdrawn area that the county will no longer provide due to the incorporation or annexation; (C) the effects of a withdrawal on adjoining property owners, existing or projected county streets or other public improvements, law enforcement, and zoning and other municipal services provided by the county; and (D) whether justice and equity favor the withdrawal. (h) Upon the written decision of the county legislative body approving the withdrawal of an area from a planning advisory area, the area is withdrawn from the planning advisory area and the planning advisory area continues as a planning advisory area with a boundary that excludes the withdrawn area. (4) (a) A planning advisory area may be dissolved as provided in this Subsection (4). (b) The process to dissolve a planning advisory area is initiated by the filing of a petition with the clerk of the county in which the planning advisory area is located. (c) A petition under Subsection (4)(b) shall: (i) be signed by registered voters within the planning advisory area equal in number to at least 25% of all votes cast by voters within the planning advisory area at the last congressional election; (ii) state the reason or reasons for the proposed dissolution; (iii) indicate the typed or printed name and current residence address of each person signing the petition; (iv) designate up to five signers of the petition as petition sponsors, one of whom shall be designated as the contact sponsor, with the mailing address and telephone number of each petition sponsor; (v) authorize the petition sponsors to act on behalf of all persons signing the petition for purposes of the petition; and (vi) request the county legislative body to provide notice of the petition and of a public hearing, hold a public hearing, and conduct an election on the proposal to dissolve the planning advisory area. (d) (i) Within 45 days after the filing of a petition under Subsection (4)(b), the county clerk shall: (A) with the assistance of other county officers from whom the clerk requests assistance, determine whether the petition complies with the requirements of Subsection (4)(c); and (B) (I) if the clerk determines that the petition complies with the requirements of Subsection (4)(c): (Aa) certify the petition and deliver the certified petition to the county legislative body; and (Bb) mail or deliver written notification of the certification to the contact sponsor; or (II) if the clerk determines that the petition fails to comply with any of the requirements of Subsection (4)(c), reject the petition and notify the contact sponsor in writing of the rejection and the reasons for the rejection. (ii) If the county clerk rejects a petition under Subsection (4)(d)(i)(B)(II), the petition may be amended to correct the deficiencies for which it was rejected and then refiled with the county clerk. (e) (i) Within 60 days after a petition to dissolve the planning advisory area is certified, the county legislative body shall hold a public hearing on the proposal to dissolve the planning advisory area. (ii) A public hearing under Subsection (4)(e)(i) shall be held: (A) within the boundary of the planning advisory area; or (B) if holding a public hearing in that area is not practicable, as close to that area as practicable. (iii) Before holding a public hearing under Subsection (4)(e)(i), the county legislative body shall publish notice of the petition and the time, date, and place of the public hearing for the county, as a class A notice under Section 63G-30-102, for three consecutive weeks immediately before the public hearing. (f) Following the public hearing under Subsection (4)(e)(i), the county legislative body shall arrange for the proposal to dissolve the planning advisory area to be submitted to voters residing within the planning advisory area at the next regular general election that is more than 90 days after the public hearing. (g) A planning advisory area is dissolved at the time of the canvass of the results of an election under Subsection (4)(f) if the canvass indicates that a majority of voters voting on the proposal to dissolve the planning advisory area voted in favor of the proposal. (5) (a) If a portion of an area located within a planning advisory area is annexed by a municipality or incorporates, that portion is withdrawn from the planning advisory area. (b) If a planning advisory area in whole is annexed by a municipality or incorporates, the planning advisory area is dissolved. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-79-304 Entrance upon land.

17-79-304. Entrance upon land. A county may enter upon any land at reasonable times to make examinations and surveys pertinent to the: (1) preparation of its general plan; or (2) preparation or enforcement of its land use ordinances. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-79-305 Other entities required to conform to county's land use ordinances -- Exceptions -- School districts, charter schools, home-based microschools, and micro-education entities -- Submission of development plan and schedule.

17-79-305. Other entities required to conform to county's land use ordinances -- Exceptions -- School districts, charter schools, home-based microschools, and micro-education entities -- Submission of development plan and schedule. (1) (a) Each county, municipality, school district, charter school, special district, special service district, and political subdivision of the state shall conform to any applicable land use ordinance of any county when installing, constructing, operating, or otherwise using any area, land, or building situated within a mountainous planning district or the unincorporated portion of the county, as applicable. (b) In addition to any other remedies provided by law, when a county's land use ordinance is violated or about to be violated by another political subdivision, that county may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove the improper installation, improvement, or use. (2) (a) Except as provided in Subsection (3), a school district or charter school is subject to a county's land use ordinances. (b) (i) Notwithstanding Subsection (3), a county may: (A) subject a charter school to standards within each zone pertaining to setback, height, bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction staging; and (B) impose regulations upon the location of a project that are necessary to avoid unreasonable risks to health or safety, as provided in Subsection (3)(f). (ii) The standards to which a county may subject a charter school under Subsection (2)(b)(i) shall be objective standards only and may not be subjective. (iii) Except as provided in Subsection (7)(d), the only basis upon which a county may deny or withhold approval of a charter school's land use application is the charter school's failure to comply with a standard imposed under Subsection (2)(b)(i). (iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an obligation to comply with a requirement of an applicable building or safety code to which it is otherwise obligated to comply. (3) A county may not: (a) impose requirements for landscaping, fencing, aesthetic considerations, construction methods or materials, additional building inspections, county building codes, building use for educational purposes, or the placement or use of temporary classroom facilities on school property; (b) except as otherwise provided in this section, require a school district or charter school to participate in the cost of any roadway or sidewalk, or a study on the impact of a school on a roadway or sidewalk, that is not reasonably necessary for the safety of school children and not located on or contiguous to school property, unless the roadway or sidewalk is required to connect an otherwise isolated school site to an existing roadway; (c) require a district or charter school to pay fees not authorized by this section; (d) provide for inspection of school construction or assess a fee or other charges for inspection; (e) require a school district or charter school to pay any impact fee for an improvement project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact Fees Act; (f) impose regulations upon the location of an educational facility except as necessary to avoid unreasonable risks to health or safety; or (g) for a land use or a structure owned or operated by a school district or charter school that is not an educational facility but is used in support of providing instruction to pupils, impose a regulation that: (i) is not imposed on a similar land use or structure in the zone in which the land use or structure is approved; or (ii) uses the tax exempt status of the school district or charter school as criteria for prohibiting or regulating the land use or location of the structure. (4) Subject to Section 53E-3-703 and in accordance with standards the Division of Facilities Construction and Management establishes in rule, a school district or charter school shall coordinate the siting of a new school with the county in which the school is to be located, to: (a) avoid or mitigate existing and potential traffic hazards, including consideration of the impacts between the new school and future highways; and (b) maximize school, student, and site safety. (5) Notwithstanding Subsection (3)(d), a county may, at the county's discretion: (a) request a walk-through of school construction at no cost and at a time convenient to the school district or charter school; and (b) provide recommendations based upon the walk-through to: (i) the school district or charter school; and (ii) the Division of Facilities Construction and Management. (6) (a) The Division of Facilities Construction and Management has the sole authority to approve inspectors for school construction projects under Title 63A, Chapter 5b, Part 12, Public School Construction Oversight. (b) A school district may only use inspectors approved by the Division of Facilities Construction and Management as follows: (i) a Division of Facilities Construction and Management inspector; (ii) a county building inspector who is on the Division of Facilities Construction and Management's approved roster under Section 63A-5b-1220; or (iii) a certified building inspector, which may include a qualified school district inspector, who meets all of the following requirements: (A) is on the Division of Facilities Construction and Management's approved roster under Section 63A-5b-1220; (B) is not an employee of the contractor; (C) is licensed to perform the inspection requested; and (D) maintains current certifications as required by Division of Facilities Construction and Management rule. (7) (a) A charter school, home-based microschool, or micro-education entity shall be considered a permitted use in all zoning districts within a county. (b) Each land use application for any approval required for a charter school, home-based microschool, or micro-education entity, including an application for a building permit, shall be processed on a first priority basis. (c) Parking requirements for a charter school or micro-education entity may not exceed the minimum parking requirements for schools or other institutional public uses throughout the county. (d) If a county has designated zones for a sexually oriented business, or a business which sells alcohol, a charter school or micro-education entity may be prohibited from a location which would otherwise defeat the purpose for the zone unless the charter school or micro-education entity provides a waiver. (e) (i) A certificate authorizing permanent occupancy issued by the Division of Facilities Construction and Management under Section 63A-5b-1208 shall be the exclusive certificate required, and a county shall accept the division's certificate as satisfying all local occupancy requirements. (ii) A micro-education entity is not subject to the requirements of Title 63A, Chapter 5b, Part 12, Public School Construction Oversight, and shall comply with local building codes and permitting requirements through county building officials. (f) A micro-education entity may operate a facility only if the micro-education entity complies with all applicable ordinances of the political subdivision, which may include provisions described in Subsection (10) or other relevant provisions, and the facility: (i) meets Group E Occupancy requirements as defined by the International Building Code, as incorporated by Subsection 15A-2-103(1)(a); or (ii) is subject to and complies with the same occupancy requirements as a Class A-1, A-3, B, or M Occupancy as defined by the International Building Code, as incorporated by Subsection 15A-2-103(1)(a), if: (A) the facility has a code compliant fire alarm system and carbon monoxide detection system; (B) each classroom in the facility has an exit directly to the outside at the level of exit discharge, orthe structure has a code compliant fire sprinkler system; and (C) the facility has an automatic fire sprinkler system in fire areas of the facility that are greater than 12,000 square feet. (g) (i) The number of students that a micro-education entity may have in a facility described in Subsection (7)(f) is: (A) determined by the facility's occupancy classification and occupant capacity under the state construction codes, as incorporated by Section 15A-2-103; and (B) subject to applicable zoning and land use regulations. (ii) Notwithstanding the facility's occupant capacity, a micro-education entity may not have more than 100 students. (h) A person may alter or convert the use of a structure located within any zone into a facility described in Subsection (7)(f) for operation by a micro-education entity if the facility: (i) complies with the state construction codes, as incorporated by Section 15A-2-103, including any permit, plan review, or inspection required for a change in occupancy classification; and (ii) complies with any applicable ordinances of the political subdivision, which may include provisions described in Subsection (10) or other relevant provisions. (i) (i) A home-based microschool is not subject to additional occupancy requirements beyond occupancy requirements that apply to a primary dwelling. (ii) If a floor that is below grade in a home-based microschool is used for home-based microschool purposes, the below grade floor of the home-based microschool shall have at least one emergency escape or rescue window that complies with the requirements for emergency escape and rescue windows as defined by the International Residential Code, as incorporated by Section 15A-1-210. (8) (a) A specified public agency intending to develop its land shall submit to the land use authority a development plan and schedule: (i) as early as practicable in the development process, but no later than the commencement of construction; and (ii) with sufficient detail to enable the land use authority to assess: (A) the specified public agency's compliance with applicable land use ordinances; (B) the demand for public facilities listed in Subsections 11-36a-102(17)(a), (b), (c), (d), (e), and (g) caused by the development; (C) the amount of any applicable fee described in Section 17-79-804; (D) any credit against an impact fee; and (E) the potential for waiving an impact fee. (b) The land use authority shall respond to a specified public agency's submission under Subsection (8)(a) with reasonable promptness in order to allow the specified public agency to consider information the municipality provides under Subsection (8)(a)(ii) in the process of preparing the budget for the development. (9) Nothing in this section may be construed to: (a) modify or supersede Section 17-79-306; or (b) authorize a county to enforce an ordinance in a way, or enact an ordinance, that fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102, or any other provision of federal law. (10) (a) Nothing in Subsection (7) prevents a political subdivision from: (i) requiring a home-based microschool or micro-education entity to comply with local zoning and land use regulations that do not conflict with this section, including: (A) parking; (B) traffic, including types or sizes of streets on which a microschool or micro-education entity may be located based on the projected number of students or impact and circulation requirements; (C) noise ordinances; (D) graduated square footage requirements for lot sizes based on the projected number of students; and (E) hours of operation; (ii) requiring a home-based microschool or micro-education entity to obtain a business license; (iii) enacting county ordinances and regulations consistent with this section; (iv) subjecting a micro-education entity to standards within each zone pertaining to setback, height, bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction staging; and (v) imposing regulations on the location of a project that are necessary to avoid risks to health or safety. (b) Nothing in Subsection (7) or this Subsection (10) requires a political subdivision to enact an ordinance. (c) A political subdivision may: (i) include in an ordinance one or more of the provisions described in Subsection (10)(a); and (ii) include other relevant provisions not described in Subsection (10)(a) in an ordinance. (11) Notwithstanding any other provision of law, the proximity restrictions that apply to community locations do not apply to a micro-education entity. (12) (a) Section 63A-5b-1218 governs the requirements for permitting and inspection of public school buildings. (b) A county may not enact any ordinance, policy, or regulation relating to the permitting or inspection of public school buildings. (13) Nothing in this section shall prohibit the required regulation or subsequent inspection by a local health department. Amended by Chapter 225, 2026 General Session

Utah Code § 17-79-306 State and federal property.

17-79-306. State and federal property. (1) As used in this section: (a) "Commuter rail" means the same as that term is defined in Section 63N-23-101. (b) (i) "Commuter rail facility" means a parking facility or maintenance facility related to commuter rail. (ii) "Commuter rail facility" does not include the rail or a station platform. (2) Unless otherwise provided by law, nothing contained in this chapter or Chapter 80, Counties and Housing Supply, may be construed as giving a county jurisdiction over: (a) real property or an interest in real property owned by the state or the United States; or (b) except as provided by Subsection (3), other real property necessary for the construction of a commuter rail project for which the Department of Transportation has oversight and supervision. (3) Upon completion of a commuter rail project described in Subsection (2), including any performance of work related to warranties and latent defects, a county retains the jurisdiction and land use authority provided by law over the completed commuter rail facilities. Amended by Chapter 344, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17/Chapter79/17-79-P3.html?v=C17-79-P3_2025110620251206Fetched: 10/26/2026