Appeal Authority, Variances, and District Court Review

Utah Code tit. 17, ch. 17-79, pt. 17-79-P10

in effect

Utah Code § 17-79-1001 Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties.

17-79-1001. Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties. (1) (a) Subject to Subsection (1)(d), each county adopting a land use ordinance shall, by ordinance, establish one or more appeal authorities. (b) An appeal authority shall hear and decide: (i) requests for a variance from a land use ordinance; (ii) appeals from a land use decision applying a land use ordinance; and (iii) appeals from a fee charged in accordance with Section 17-79-802. (c) An appeal authority may not hear an appeal from the enactment of a land use regulation. (d) Beginning on July 1, 2026, a county described in Subsection 17-79-302(5)(a)(i) may not designate the county's legislative body as an appeal authority. (e) Notwithstanding Subsection (1)(d), a legislative body shall continue to be the appeal authority for an appeal if: (i) a land use ordinance designated the legislative body as the appeal authority when the appellant filed the appeal: and (ii) the appellant filed the appeal on or before June 30, 2026. (2) As a condition precedent to judicial review, each adversely affected party or land use applicant shall timely and specifically challenge a land use authority's land use decision, in accordance with local ordinance. (3) An appeal authority described in Subsection (1)(a): (a) shall: (i) act in a quasi-judicial manner; and (ii) serve as the final arbiter of issues involving the interpretation or application of a land use ordinance; and (b) may not entertain an appeal of a matter in which the appeal authority, or any participating member, had first acted as the land use authority. (4) By ordinance, a county may: (a) designate a separate appeal authority to hear requests for variances than the appeal authority the county designates to hear appeals; (b) designate one or more separate appeal authorities to hear distinct types of appeals of land use authority decisions; (c) require an adversely affected party to present to an appeal authority every theory of relief that the adversely affected party can raise in district court; and (d) provide that specified types of land use decisions may be appealed directly to the district court. (5) A county may not: (a) require a public hearing for a request for a variance or land use appeal; or (b) require a land use applicant or adversely affected party to pursue successive appeals before the same or separate appeal authorities as a condition of an appealing party's duty to exhaust administrative remedies. (6) If the county establishes or, before May 2, 2005, has established a multiperson board, body, or panel to act as an appeal authority, at a minimum the board, body, or panel shall: (a) notify each of the members of the board, body, or panel of any meeting or hearing of the board, body, or panel; (b) provide each of the members of the board, body, or panel with the same information and access to municipal resources as any other member; (c) convene only if a quorum of the members of the board, body, or panel is present; and (d) act only upon the vote of a majority of the convened members of the board, body, or panel. Amended by Chapter 166, 2026 General Session

Utah Code § 17-79-1002 Variances.

17-79-1002. Variances. (1) Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that the person or entity owns, leases, or in which the person or entity holds some other beneficial interest may apply to the applicable appeal authority for a variance from the terms of the ordinance. (2) (a) The appeal authority may grant a variance only if: (i) literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances; (ii) there are special circumstances attached to the property that do not generally apply to other properties in the same zone; (iii) granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone; (iv) the variance will not substantially affect the general plan and will not be contrary to the public interest; and (v) the spirit of the land use ordinance is observed and substantial justice done. (b) (i) In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a), the appeal authority may not find an unreasonable hardship unless the alleged hardship: (A) is located on or associated with the property for which the variance is sought; and (B) comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. (ii) In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a), the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic. (c) In determining whether or not there are special circumstances attached to the property under Subsection (2)(a), the appeal authority may find that special circumstances exist only if the special circumstances: (i) relate to the hardship complained of; and (ii) deprive the property of privileges granted to other properties in the same zone. (3) The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met. (4) Variances run with the land. (5) The appeal authority may not grant a use variance. (6) In granting a variance, the appeal authority may impose additional requirements on the applicant that will: (a) mitigate any harmful affects of the variance; or (b) serve the purpose of the standard or requirement that is waived or modified. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-79-1003 Appealing a land use authority's decision -- Panel of experts for appeals of geologic hazard decisions.

17-79-1003. Appealing a land use authority's decision -- Panel of experts for appeals of geologic hazard decisions. (1) The land use applicant, a board or officer of the county, or an adversely affected party may, within the time period provided by ordinance, appeal that decision to the appeal authority by alleging that there is error in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of the land use ordinance. (2) (a) A land use applicant who has appealed a decision of the land use authority administering or interpreting the county's geologic hazard ordinance may request the county to assemble a panel of qualified experts to serve as the appeal authority for purposes of determining the technical aspects of the appeal. (b) If a land use applicant makes a request under Subsection (2)(a), the county shall assemble the panel described in Subsection (2)(a) consisting of, unless otherwise agreed by the land use applicant and county: (i) one expert designated by the county; (ii) one expert designated by the land use applicant; and (iii) one expert chosen jointly by the county's designated expert and the applicant's land use designated expert. (c) A member of the panel assembled by the county under Subsection (2)(b) may not be associated with the application that is the subject of the appeal. (d) The land use applicant shall pay: (i) 1/2 of the cost of the panel; and (ii) the county's published appeal fee. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-79-1004 Time to appeal.

17-79-1004. Time to appeal. (1) The county shall enact an ordinance establishing a reasonable time of not less than 10 days to appeal to an appeal authority a written decision issued by a land use authority. (2) In the absence of an ordinance establishing a reasonable time to appeal, a land use applicant or adversely affected party shall have 10 calendar days to appeal to an appeal authority a written decision issued by a land use authority. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-79-1005 Burden of proof.

17-79-1005. Burden of proof. In an appeal described in this part: (1) if the appellant is a land use applicant, the appellant has the burden of proving that the land use authority's land use decision is illegal or is not supported by substantial evidence; or (2) if the appellant is an adversely affected party, the appellant has the burden of proving that the land use authority's land use decision is illegal, or that the factual findings are clearly erroneous. Repealed and Re-enacted by Chapter 166, 2026 General Session

Utah Code § 17-79-1006 Due process.

17-79-1006. Due process. (1) An appeal authority shall conduct each appeal and variance request as described by local ordinance. (2) An appeal authority shall respect the due process rights of an appeal participant. (3) An appeal authority may only allow the following people to participate or speak during an appeal hearing: (a) the appellant or the appellant's representatives; (b) the land use applicant or the land use applicant's representatives; and (c) the county's representatives. Amended by Chapter 166, 2026 General Session

Utah Code § 17-79-1007 Scope of review of factual matters on appeal -- Appeal authority requirements.

17-79-1007. Scope of review of factual matters on appeal -- Appeal authority requirements. (1) A county may, by ordinance, designate the scope of review of factual matters for appeals of land use authority decisions. (2) If the county fails to designate a scope of review of factual matters, the appeal authority shall review the factual matters de novo, without deference to the land use authority's determination of the factual matters. (3) If the scope of review of factual matters is on the record, the appeal authority shall determine whether the record on appeal includes substantial evidence for each essential finding of fact. (4) The appeal authority shall: (a) determine the correctness of the land use authority's interpretation and application of the plain meaning of the land use regulations; and (b) interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application. (5) (a) An appeal authority's land use decision is a quasi-judicial act. (b) Except as provided in Subsection (5)(c), a legislative body may not act as an appeal authority unless both the legislative body and the appealing party agree to allow a third party to act as the appeal authority. (c) Beginning on July 1, 2026, the legislative body of a county described in Subsection 17-79-302(5)(a)(i) may not act as an appeal authority unless: (i) a land use ordinance designated the legislative body as the appeal authority when the appellant filed the appeal; and (ii) the appellant filed the appeal on or before June 30, 2026. (6) Only a decision in which a land use authority has applied a land use regulation to a particular land use application, person, or parcel may be appealed to an appeal authority. Amended by Chapter 166, 2026 General Session

Utah Code § 17-79-1008 Final decision.

17-79-1008. Final decision. (1) A decision of an appeal authority takes effect on the date when the appeal authority issues a written decision, or as otherwise provided by local ordinance. (2) A written decision, or other event as provided by ordinance, constitutes a final decision under Subsection 17-79-1009(2)(a) or a final action under Subsection 17-79-1009(4). Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-79-1009 No district court review until administrative remedies exhausted -- Time for filing -- Tolling of time -- Standards governing court review -- Record on review -- Staying of decision.

17-79-1009. No district court review until administrative remedies exhausted -- Time for filing -- Tolling of time -- Standards governing court review -- Record on review -- Staying of decision. (1) A person may challenge in district court a land use decision if the person has exhausted the person's administrative remedies as provided in this part, if applicable. (2) (a) Subject to Subsection (1), a land use applicant or adversely affected party may file a petition for review of a land use decision with the district court within 30 days after the decision is final. (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a property owner files a request for arbitration of a constitutional taking issue with the property rights ombudsman under Section 13-43-204 until 30 days after: (A) the arbitrator issues a final award; or (B) the property rights ombudsman issues a written statement under Subsection 13-43-204(3)(b) declining to arbitrate or to appoint an arbitrator. (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional taking issue that is the subject of the request for arbitration filed with the property rights ombudsman by a property owner. (iii) A request for arbitration filed with the property rights ombudsman after the time under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition. (3) (a) A court shall: (i) presume that a land use regulation properly enacted under the authority of this chapter is valid; and (ii) determine only whether: (A) the land use regulation is expressly preempted by, or was enacted contrary to, state or federal law; and (B) it is reasonably debatable that the land use regulation is consistent with this chapter. (b) A court shall presume that a final land use decision of a land use authority or an appeal authority is valid unless the land use decision is: (i) arbitrary and capricious; or (ii) illegal. (c) (i) A land use decision is arbitrary and capricious if the land use decision is not supported by substantial evidence in the record. (ii) A land use decision is illegal if the land use decision: (A) is based on an incorrect interpretation of a land use regulation; (B) conflicts with the authority granted by this title; or (C) is contrary to law. (d) (i) A court may affirm or reverse a land use decision. (ii) If the court reverses a land use decision, the court shall remand the matter to the land use authority with instructions to issue a land use decision consistent with the court's decision. (4) The provisions of Subsection (2)(a) apply from the date on which the county takes final action on a land use application, if the county conformed with the notice provisions of Part 2, Notice, or for any person who had actual notice of the pending land use decision. (5) If the county has complied with Section 17-79-205, a challenge to the enactment of a land use regulation, general plan, or specified land use law may not be filed with the district court more than 30 days after the enactment. (6) A challenge to a land use decision is barred unless the challenge is filed within 30 days after the land use decision is final. (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to the reviewing court the record of the proceedings of the land use authority or appeal authority, including the minutes, findings, orders and, if available, a true and correct transcript of the proceedings. (b) If the proceeding was recorded, a transcript of that recording is a true and correct transcript for purposes of this Subsection (7). (8) (a) (i) If there is a record, the district court's review is limited to the record provided by the land use authority or appeal authority, as the case may be. (ii) The court may not accept or consider any evidence outside the record of the land use authority or appeal authority, as the case may be, unless that evidence was offered to the land use authority or appeal authority, respectively, and the court determines that the evidence was improperly excluded. (b) If there is no record, the court may call witnesses and take evidence. (9) (a) The filing of a petition does not stay the land use decision of the land use authority or appeal authority, as the case may be. (b) (i) Before filing a petition under this section or a request for mediation or arbitration of a constitutional taking issue under Section 13-43-204, a land use applicant may petition the appeal authority to stay the appeal authority's decision. (ii) Upon receipt of a petition to stay, the appeal authority may order the appeal authority's decision stayed pending district court review if the appeal authority finds the order to be in the best interest of the county. (iii) After a petition is filed under this section or a request for mediation or arbitration of a constitutional taking issue is filed under Section 13-43-204, the petitioner may seek an injunction staying the appeal authority's land use decision. (10) If the court determines that a party initiated or pursued a challenge to a land use decision on a land use application in bad faith, the court may award attorney fees. Amended by Chapter 166, 2026 General Session

Utah Code § 17-79-1010 Consent agreement.

17-79-1010. Consent agreement. (1) A legislative body may, by resolution or ordinance, settle litigation initiated under Section 17-79-1009 regarding a land use decision with a property owner through a consent agreement. (2) A legislative body shall approve the consent agreement under Subsection (1) in a public meeting in accordance with Title 52, Chapter 4, Open and Public Meetings Act. (3) A legislative body is not required to present to a planning commission on any matter covered by a consent agreement. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17/Chapter79/17-79-P10.html?v=C17-79-P10_2025110620251206Fetched: 10/26/2026