Project Area Plan and Budget

Utah Code tit. 11, ch. 11-58, pt. 11-58-P5

in effect

Utah Code § 11-58-501 Preparation of project area plan -- Required contents of project area plan.

11-58-501. Preparation of project area plan -- Required contents of project area plan. (1) (a) Subject to Section 11-58-605, the authority jurisdictional land constitutes a single project area. (b) The authority is not required to adopt a project area plan for a project area consisting of the authority jurisdictional land. (2) (a) The board may adopt a project area plan for land that is outside the authority jurisdictional land, as provided in this part, if the board receives written consent to include the land in the project area described in the project area plan from, as applicable: (i) the legislative body of the county in whose unincorporated area the land is located; or (ii) the legislative body of the municipality in which the land is located. (b) (i) An owner of land proposed to be included within a project area may request that the owner's land be excluded from the project area. (ii) A request under Subsection (2)(b)(i) shall be submitted to the board: (A) in writing; and (B) no more than 45 days after the public meeting under Subsection 11-58-502(1). (c) Land included or to be included within a project area need not be contiguous or in close proximity to the authority jurisdictional land. (d) In order to adopt a project area plan, the board shall: (i) prepare a draft project area plan; (ii) give notice as required under Subsection 11-58-502(2); (iii) hold at least one public meeting, as required under Subsection 11-58-502(1); and (iv) after holding at least one public meeting and subject to Subsections (2)(b) and (e), adopt the draft project area plan as the project area plan. (e) Before adopting a draft project area plan as the project area plan, the board: (i) shall eliminate from the proposed project area the land of any owner who requests the owner's land to be excluded from the project area under Subsection (2)(b); and (ii) may make other modifications to the draft project area plan that the board considers necessary or appropriate. (3) (a) Each project area plan and draft project area plan shall contain: (i) a legal description of the boundary of the project area; (ii) the authority's purposes and intent with respect to the project area; and (iii) the board's findings and determination that: (A) there is a need to effectuate a public purpose; (B) there is a public benefit to the proposed development project; (C) it is economically sound and feasible to adopt and carry out the project area plan; and (D) carrying out the project area plan will promote the goals and objectives stated in Subsection 11-58-203(1). (b) A description of a boundary of a project area, as described in Subsection (3)(a)(i): (i) shall include a legal description, as described in Subsection 57-3-105(4); and (ii) may include a parcel number, property identification number, metes and bounds narrative description, GIS boundary file, or other method of description that accurately depicts the project area. Amended by Chapter 137, 2026 General Session

Utah Code § 11-58-502 Public meeting to consider and discuss draft project area plan -- Notice -- Adoption of plan.

11-58-502. Public meeting to consider and discuss draft project area plan -- Notice -- Adoption of plan. (1) The board shall hold at least one public meeting to consider and discuss a draft project area plan. (2) At least 10 days before holding a public meeting under Subsection (1), the board shall give notice of the public meeting: (a) to each taxing entity; (b) to a municipality in which the proposed project area is located or that is located within one-half mile of the proposed project area; and (c) for the proposed project area, as a class A notice under Section 63G-30-102, for at least 10 days. (3) Following consideration and discussion of the draft project area plan, and any modification of the project area plan under Subsection 11-58-501(2)(d), the board may adopt the draft project area plan or modified draft project area plan as the project area plan. Amended by Chapter 435, 2023 General Session

Utah Code § 11-58-503 Notice of project area plan adoption -- Effective date of plan -- Time for challenging a project area plan or project area.

11-58-503. Notice of project area plan adoption -- Effective date of plan -- Time for challenging a project area 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 for the project area, as a class A notice under Section 63G-30-102, for at least 30 days. (2) (a) Each 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 within the board resolution adopting the project area plan or within the summary of the resolution. (3) The project area plan shall become effective on the date designated in the board resolution. (4) The authority shall make the adopted project area plan available to the general public at the authority's offices during normal business hours. (5) (a) The authority may make adjustments to the boundaries of a project area: (i) with the consent of the board; or (ii) administratively, if the adjustment is a minor adjustment. (b) If a boundary adjustment is necessary only to conform with county recording standards, the boundary adjustment is a minor adjustment. (c) The executive director shall, with the approval of the board, establish policies to determine whether a boundary adjustment not described in Subsection (5)(b) is a minor adjustment. (d) This Subsection (5): (i) applies only to the boundaries of a project area; and (ii) does not apply to the boundaries of the authority jurisdictional land, which may only be modified as described in Subsection 11-58-202(3). (6) (a) 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 authority shall send notice of the establishment or modification of the project area and an accurate map or plat of the project area to: (i) the State Tax Commission; (ii) the Utah Geospatial Resource Center created in Section 63A-16-505; and (iii) the assessor and recorder of each county where the project area is located. (b) For purposes of Subsection (6)(a), an accurate map or plat is any map or plat developed by a qualified cartographer or licensed surveyor. (7) (a) 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 30 days after the effective date of the project area plan. (b) A legal action or other challenge to a project area that consists of authority jurisdictional land is barred unless brought within 30 days after the board adopts a business plan under Subsection 11-58-202(1)(a) for the authority jurisdictional land. Amended by Chapter 137, 2026 General Session

Utah Code § 11-58-504 Amendment to a project area plan.

11-58-504. Amendment to a project area plan. (1) The 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 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) If an amendment to a project area plan results in land being included in the project area that was not included in the project area before the amendment, the base taxable value applicable to the project area before the amendment applies to the land added to the project area by amendment. Amended by Chapter 535, 2024 General Session

Utah Code § 11-58-505 Project area budget.

11-58-505. Project area budget. (1) Before the authority may use the property tax differential from a project area, the board shall prepare and adopt a project area budget. (2) A project area budget shall include: (a) the base taxable value of property in the project area; (b) the projected property tax differential expected to be generated within the project area; (c) the amount of the property tax differential expected to be used to implement the project area plan, including the estimated amount of the property tax differential to be used for: (i) land acquisition; (ii) public infrastructure and improvements; (iii) a remediation project, if applicable; and (iv) loans, grants, or other incentives to private and public entities; (d) the property tax differential expected to be used to cover the cost of administering the project area plan; (e) the amount of property tax differential expected to be shared with other taxing entities; and (f) for property that the authority owns or leases and expects to sell or sublease, the expected total cost of the property to the authority and the expected selling price or lease payments. (3) The board may amend an adopted project area budget as and when the board considers it appropriate. (4) For a project area that consists of the authority jurisdictional land, the budget requirements of this part are met by the authority complying with the budget requirements of Part 8, Port Authority Budget, Reporting, and Audits. Amended by Chapter 259, 2023 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title11/Chapter58/11-58-P5.html?v=C11-58-P5_2018031620180316Fetched: 10/26/2026