County Plans for Housing

Utah Code tit. 17, ch. 17-80, pt. 17-80-P2

in effect

Utah Code § 17-80-201 Moderate income housing plan required.

17-80-201. Moderate income housing plan required. (1) A moderate income housing element of a general plan shall include a moderate income housing element that meets the requirements of this section. (2) For a specified county, as defined in Section 17-80-101, a moderate income housing element shall: (a) provide a realistic opportunity to meet the need for additional moderate income housing within the next five years; (b) select three or more moderate income housing strategies described in Subsections (3)(a)(ii)(A) through (V), or at least one moderate income housing strategy described in Subsections (3)(a)(ii)(W) through (BB), for implementation; and (c) include an implementation plan as provided in Subsection (4). (3) (a) In drafting the moderate income housing element, the county planning commission shall: (i) consider the Legislature's determination that counties should facilitate a reasonable opportunity for a variety of housing, including moderate income housing: (A) to meet the needs of people of various income levels living, working, or desiring to live or work in the community; and (B) to allow people with various incomes to benefit from and fully participate in all aspects of neighborhood and community life; and (ii) include an analysis of how the county will provide a realistic opportunity for the development of moderate income housing within the planning horizon, including a recommendation to implement three or more of the following moderate income housing strategies: (A) rezone for densities necessary to facilitate the production of moderate income housing; (B) demonstrate investment in the rehabilitation or expansion of infrastructure that facilitates the construction of moderate income housing; (C) demonstrate investment in the rehabilitation of existing uninhabitable housing stock into moderate income housing; (D) identify and utilize county general fund subsidies or other sources of revenue to waive construction related fees that are otherwise generally imposed by the county for the construction or rehabilitation of moderate income housing; (E) create or allow for, and reduce regulations related to, internal or detached accessory dwelling units in residential zones; (F) zone or rezone for higher density or moderate income residential development in commercial or mixed-use zones, commercial centers, or employment centers; (G) amend land use regulations to allow for higher density or new moderate income residential development in commercial or mixed-use zones near major transit investment corridors; (H) amend land use regulations to eliminate or reduce parking requirements for residential development where a resident is less likely to rely on the resident's own vehicle, such as residential development near major transit investment corridors or senior living facilities; (I) amend land use regulations to allow for single room occupancy developments; (J) implement zoning incentives for moderate income units in new developments; (K) preserve existing and new moderate income housing and subsidized units by utilizing a landlord incentive program, providing for deed restricted units through a grant program, or establishing a housing loss mitigation fund; (L) reduce, waive, or eliminate impact fees related to moderate income housing; (M) demonstrate creation of, or participation in, a community land trust program for moderate income housing; (N) implement a mortgage assistance program for employees of the county, an employer that provides contracted services for the county, or any other public employer that operates within the county; (O) apply for or partner with an entity that applies for state or federal funds or tax incentives to promote the construction of moderate income housing, an entity that applies for programs offered by the Utah Housing Corporation within that agency's funding capacity, an entity that applies for affordable housing programs administered by the Division of Housing and Community Development within the Governor's Office of Economic Development, an entity that applies for services provided by a public housing authority to preserve and create moderate income housing, or any other entity that applies for programs or services that promote the construction or preservation of moderate income housing; (P) demonstrate utilization of a moderate income housing set aside from a community reinvestment agency, redevelopment agency, or community development and renewal agency to create or subsidize moderate income housing; (Q) eliminate impact fees for any accessory dwelling unit that is not an internal accessory dwelling unit as defined in Section 17-79-611; (R) create a program to transfer development rights for moderate income housing; (S) ratify a joint acquisition agreement with another local political subdivision for the purpose of combining resources to acquire property for moderate income housing; (T) develop a moderate income housing project for residents who are disabled or 55 years old or older; (U) create or allow for, and reduce regulations related to, multifamily residential dwellings compatible in scale and form with detached single-family residential dwellings and located in walkable communities within residential or mixed-use zones; (V) demonstrate implementation of any other program or strategy to address the housing needs of residents of the county who earn less than 80% of the area median income, including the dedication of a local funding source to moderate income housing or the adoption of a land use ordinance that requires 10% or more of new residential development in a residential zone be dedicated to moderate income housing; (W) create a housing and transit reinvestment zone in accordance with Title 63N, Chapter 23, Part 2, Housing and Transit Reinvestment Zone; (X) create a home ownership investment zone in accordance with Title 63N, Chapter 23, Part 6, Home Ownership Investment Zone for Counties; (Y) create a first home investment zone in accordance with Title 63N, Chapter 23, Part 7, First Home Investment Zone; (Z) approve a project that receives funding from, or qualifies to receive funding from, the Utah Homes Investment Program created in Title 51, Chapter 12, Utah Homes Investment Program; (AA) adopt or approve a qualifying affordable home ownership density bonus for single-family residential units, as described in Section 17-80-401; and (BB) adopt or approve an affordable home ownership density bonus for multi-family residential units, as described in Section 17-80-402. (b) The planning commission shall identify each moderate income housing strategy recommended to the legislative body for implementation by restating the exact language used to describe the strategy in Subsection (3)(a)(ii). (4) (a) In drafting the implementation plan portion of the moderate income housing element as described in Subsection (2)(c), the planning commission shall recommend to the legislative body the establishment of a five-year timeline for implementing each of the moderate income housing strategies selected by the county for implementation. (b) The timeline described in Subsection (4)(a) shall: (i) identify specific measures and benchmarks for implementing each moderate income housing strategy selected by the county; and (ii) provide flexibility for the county to make adjustments as needed. Amended by Chapter 393, 2026 General Session

Utah Code § 17-80-202 Moderate income housing report -- Contents -- Prioritization for funds or projects -- Ineligibility for funds after noncompliance -- Civil actions.

17-80-202. Moderate income housing report -- Contents -- Prioritization for funds or projects -- Ineligibility for funds after noncompliance -- Civil actions. (1) (a) The legislative body of a specified county shall annually submit an initial report to the division. (b) (i) This Subsection (1)(b) applies to a county that is not a specified county as of January 1, 2023. (ii) As of January 1, if a county changes from one class to another or grows in population to qualify as a specified county, the county shall submit an initial plan to the division on or before August 1 of the first calendar year beginning on January 1 in which the county qualifies as a specified county. (c) The initial report shall: (i) identify each moderate income housing strategy selected by the specified county for continued, ongoing, or one-time implementation, using the exact language used to describe the moderate income housing strategy; and (ii) include an implementation plan. (d) For reporting year 2026: (i) a specified county complies with the reporting requirements described in this section if the specified county satisfied the reporting requirements in 2025; and (ii) a specified county qualifies for priority consideration under Subsection (5)(a) if the specified county qualified for priority consideration in 2025. (2) (a) After the division approves a specified county's initial report under this section, the specified county shall, as an administrative act, annually submit to the division a subsequent progress report on or before August 1 of each year after the year in which the specified county is required to submit the initial report. (b) The subsequent progress report shall include: (i) subject to Subsection (2)(c), a description of each action, whether one-time or ongoing, taken by the specified county during the previous 12-month period to implement the moderate income housing strategies identified in the initial report for implementation; (ii) a description of each land use regulation or land use decision made by the specified county during the previous 12-month period to implement the moderate income housing strategies, including an explanation of how the land use regulation or land use decision supports the specified county's efforts to implement the moderate income housing strategies; (iii) a description of any barriers encountered by the specified county in the previous 12-month period in implementing the moderate income housing strategies; (iv) the number of residential dwelling units that have been entitled that have not received a building permit as of the submission date of the progress report; (v) shapefiles, or website links if shapefiles are not available, to current maps and tables related to zoning; (vi) information regarding the number of internal and external or detached accessory dwelling units located within the specified county for which the specified county: (A) issued a building permit to construct; or (B) issued a business license or comparable license or permit to rent; (vii) a description of how the market has responded to the selected moderate income housing strategies, including the number of entitled moderate income housing units or other relevant data; and (viii) any recommendations on how the state can support the specified county in implementing the moderate income housing strategies. (c) For purposes of describing actions taken by a specified county under Subsection (2)(b)(i), the specified county may include an ongoing action taken by the specified county before the 12-month reporting period applicable to the subsequent progress report if the specified county: (i) has already adopted an ordinance, approved a land use application, made an investment, or approved an agreement or financing that substantially promotes the implementation of a moderate income housing strategy identified in the initial report; and (ii) demonstrates in the subsequent progress report that the action taken under Subsection (2)(b)(i) is relevant to making meaningful progress towards the specified county's implementation plan. (d) A specified county's report shall be in a form: (i) approved by the division; and (ii) made available by the division on or before May 1 of the year in which the report is required. (3) Within 90 days after the day on which the division receives a specified county's report, the division shall: (a) post the report on the division's website; (b) send a copy of the report to the Department of Transportation, the Governor's Office of Planning and Budget, the association of governments in which the specified county is located, and, if the unincorporated area of the specified county is located within the boundaries of a metropolitan planning organization, the appropriate metropolitan planning organization; and (c) subject to Subsection (4), review the report to determine compliance with this section. (4) (a) An initial report complies with this section if the report: (i) includes the information required under Subsection (1)(c); (ii) demonstrates to the division that the specified county made plans to implement three or more moderate income housing strategies described in Subsections 17-80-201(3)(a)(ii)(A) through (V) or at least one moderate income housing strategy described in Subsections 17-80-201(3)(a)(ii)(W) through (BB); and (iii) is in a form approved by the division. (b) A subsequent progress report complies with this section if the report: (i) demonstrates to the division that the specified county made plans to implement or is implementing three or more moderate income housing strategies described in Subsections 17-80-201(3)(a)(ii)(A) though (V) or at least one moderate income housing strategy described in Subsections 17-80-201(3)(a)(ii)(W) through (BB); (ii) is in a form approved by the division; and (iii) provides sufficient information for the division to: (A) assess the specified county's progress in implementing the moderate income housing strategies; (B) monitor compliance with the specified county's implementation plan; (C) identify a clear correlation between the specified county's land use decisions and efforts to implement the moderate income housing strategies; (D) identify how the market has responded to the specified county's selected moderate income housing strategies; and (E) identify any barriers encountered by the specified county in implementing the selected moderate income housing strategies. (c) If a specified county initial report or subsequent progress report demonstrates the county plans to implement or is implementing at least one moderate income housing strategy described in Subsections 17-80-201(3)(a)(ii)(W) through (BB), the division shall also consider the specified county compliant with the reporting requirement described in this section for: (i) the year in which the specified county submits the report; and (ii) two subsequent reporting years. (5) (a) A specified county qualifies for priority consideration under this Subsection (5) if the specified county's report: (i) complies with this section; and (ii) demonstrates to the division that the specified county made plans to implement five or more moderate income housing strategies. (b) The Transportation Commission may, in accordance with Subsection 72-1-304(3)(c), give priority consideration to transportation projects located within the unincorporated areas of a specified county described in Subsection (5)(a) until the Department of Transportation receives notice from the division under Subsection (5)(e). (c) Upon determining that a specified county qualifies for priority consideration under this Subsection (5), the division shall send a notice of prioritization to the legislative body of the specified county and the Department of Transportation. (d) The notice described in Subsection (5)(c) shall: (i) name the specified county that qualifies for priority consideration; (ii) describe the funds or projects for which the specified county qualifies to receive priority consideration; and (iii) state the basis for the division's determination that the specified county qualifies for priority consideration. (e) The division shall notify the legislative body of a specified county and the Department of Transportation in writing if the division determines that the specified county no longer qualifies for priority consideration under this Subsection (5). (6) (a) If the division, after reviewing a specified county's report, determines that the report does not comply with this section, the division shall send a notice of noncompliance to the legislative body of the specified county. (b) A specified county that receives a notice of noncompliance may: (i) cure each deficiency in the report within 90 days after the day on which the notice of noncompliance is sent; or (ii) request an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent. (c) The notice described in Subsection (6)(a) shall: (i) describe each deficiency in the report and the actions needed to cure each deficiency; (ii) state that the specified county has an opportunity to: (A) submit to the division a corrected report that cures each deficiency in the report within 90 days after the day on which the notice of noncompliance is sent; or (B) submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent; and (iii) state that failure to take action under Subsection (6)(c)(ii) will result in the specified county's ineligibility for funds and fees owed under Subsection (8). (d) For purposes of curing the deficiencies in a report under this Subsection (6), if the action needed to cure the deficiency as described by the division requires the specified county to make a legislative change, the specified county may cure the deficiency by making that legislative change within the 90-day cure period. (e) (i) If a specified county submits to the division a corrected report in accordance with Subsection (6)(b)(i), and the division determines that the corrected report does not comply with this section, the division shall send a second notice of noncompliance to the legislative body of the specified county. (ii) A specified county that receives a second notice of noncompliance may request an appeal of the division's determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent. (iii) The notice described in Subsection (6)(e)(i) shall: (A) state that the specified county has an opportunity to submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent; and (B) state that failure to take action under Subsection (6)(e)(iii)(A) will result in the specified county's ineligibility for funds under Subsection (8). (7) (a) A specified county that receives a notice of noncompliance under Subsection (6)(a) or (6)(e)(i) may request an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent. (b) Within 90 days after the day on which the division receives a request for an appeal, an appeal board consisting of the following three members shall review and issue a written decision on the appeal: (i) one individual appointed by the Utah Association of Counties; (ii) one individual appointed by the Utah Homebuilders Association; and (iii) one individual appointed by the presiding member of the association of governments, established in accordance with an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which the specified county is a member. (c) The written decision of the appeal board shall either uphold or reverse the division's determination of noncompliance. (d) The appeal board's written decision on the appeal is final. (8) (a) A specified county is ineligible for funds and owes a fee under this Subsection (8) if: (i) the specified county fails to submit a report to the division; (ii) after submitting a report to the division, the division determines that the report does not comply with this section and the specified county fails to: (A) cure each deficiency in the report within 90 days after the day on which the notice of noncompliance is sent; or (B) request an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent; (iii) after submitting to the division a corrected report to cure the deficiencies in a previously submitted report, the division determines that the corrected report does not comply with this section and the specified county fails to request an appeal of the division's determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent; or (iv) after submitting a request for an appeal under Subsection (7), the appeal board issues a written decision upholding the division's determination of noncompliance. (b) The following apply to a specified county described in Subsection (8)(a) until the division provides notice under Subsection (8)(e): (i) the executive director of the Department of Transportation may not program funds from the Transportation Investment Fund of 2005, including the Transit Transportation Investment Fund, to projects located within the unincorporated areas of the specified county in accordance with Subsection 72-2-124(6); (ii) beginning with the report submitted in 2024, the specified county shall pay a fee to the Olene Walker Housing Loan Fund in the amount of $250 per day that the specified county: (A) fails to submit the report to the division in accordance with this section, beginning the day after the day on which the report was due; or (B) fails to cure the deficiencies in the report, beginning the day after the day by which the cure was required to occur as described in the notice of noncompliance under Subsection (6); and (iii) beginning with the report submitted in 2025, the specified county shall pay a fee to the Olene Walker Housing Loan Fund in the amount of $500 per day that the specified county, for a consecutive year: (A) fails to submit the report to the division in accordance with this section, beginning the day after the day on which the report was due; or (B) fails to cure the deficiencies in the report, beginning the day after the day by which the cure was required to occur as described in the notice of noncompliance under Subsection (6). (c) Upon determining that a specified county is ineligible for funds under this Subsection (8), and is required to pay a fee under Subsection (8)(b), if applicable, the division shall send a notice of ineligibility to the legislative body of the specified county, the Department of Transportation, the State Tax Commission, and the Governor's Office of Planning and Budget. (d) The notice described in Subsection (8)(c) shall: (i) name the specified county that is ineligible for funds; (ii) describe the funds for which the specified county is ineligible to receive; (iii) describe the fee the specified county is required to pay under Subsection (8)(b), if applicable; and (iv) state the basis for the division's determination that the specified county is ineligible for funds. (e) The division shall notify the legislative body of a specified county and the Department of Transportation in writing if the division determines that the provisions of this Subsection (8) no longer apply to the specified county. (f) The division may not determine that a specified county that is required to pay a fee under Subsection (8)(b) is in compliance with the reporting requirements of this section until the specified county pays all outstanding fees required under Subsection (8)(b) to the Olene Walker Housing Loan Fund, created in Section 63N-24-302. (9) In a civil action seeking enforcement or claiming a violation of this section or of Subsection 17-79-404(5)(c), a plaintiff may not recover damages but may be awarded only injunctive or other equitable relief. Amended by Chapter 393, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17/Chapter80/17-80-P2.html?v=C17-80-P2_2025110620251206Fetched: 10/26/2026