HB 477

     02-23 06:39  1st Sub. (Buff) H.B. 477
                             Jill Koford proposes the following substitute bill:
1Land Use Regulation Revisions
                                       2026 GENERAL SESSION
                                            STATE OF UTAH
                                      Chief Sponsor: Jill Koford
                                   Senate Sponsor: Kirk A. Cullimore
2
3   LONG TITLE
4   General Description:
5This bill modifies provisions related to land use.
6   Highlighted Provisions:
7This bill:
8▸ amends requirements for a modified feasibility request related to a proposed municipal
9   incorporation;
10▸ modifies requirements for an ordinance establishing a planning commission;
11▸ modifies planning commission powers and duties;
12▸ modifies the process for reviewing and approving a new or unlisted business use;
13▸ modifies the requirement to place certain infrastructure completion assurances in an
14   interest-bearing account;
15▸ requires a specified municipality to allow a detached accessory dwelling unit as a
16   permitted use in certain zones;
17▸ clarifies notice requirements for a proposed county land use ordinance that is ministerial
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18   in nature;
19▸ modifies a county's authority to deny an applicant a building permit or certificate of
20   occupancy if the applicant has not completed an infrastructure improvement; and
21▸ makes technical and conforming changes.
22   Money Appropriated in this Bill:
23None
24   Other Special Clauses:
25This bill provides a special effective date.
26   Utah Code Sections Affected:
27   AMENDS:
2810-2a-106 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 224 and
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29further amended by Revisor Instructions, Laws of Utah 2023, Chapter 224
3010-2a-206 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 518
3110-2a-220 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 518
3210-20-301 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
33First Special Session, Chapter 15
3410-20-302 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
35First Special Session, Chapter 15
3610-20-507 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
37First Special Session, Chapter 15
3810-20-807 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
39First Special Session, Chapter 15
4010-21-101 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
41First Special Session, Chapter 15
4217-79-205 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
43First Special Session, Chapter 14
4417-79-301 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
45First Special Session, Chapter 14
4617-79-302 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
47First Special Session, Chapter 14
4817-79-507 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
49First Special Session, Chapter 14
5017-79-707 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
51First Special Session, Chapter 14
5217-79-901 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
53First Special Session, Chapter 14
54   ENACTS:
5510-21-304 (Effective 10/01/26), Utah Code Annotated 1953
56
57   Be it enacted by the Legislature of the state of Utah:
58Section 1. Section 10-2a-106 is amended to read:
5910-2a-106 (Effective 05/06/26). Feasibility request filed before changes to law
60   take effect.
61   (1) If an individual files a feasibility request for incorporation of a city or town before May
6214, 2019, the process for incorporating the city or town is not subject to Laws of Utah
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632019, Chapter 165 or Laws of Utah 2023, Chapter 224, and is instead subject to the
64municipal incorporation law in effect on the day on which the individual files the
65feasibility request.
66   (2) If an individual files a feasibility request for incorporation of a city or town before May
673, 2023[,] :
68(a) except as provided in Subsection (2)(b), the process for incorporating the city or
69town is not subject to Laws of Utah 2023, Chapter 224, and is subject to the
70municipal incorporation law in effect on the day on which the individual files the
71feasibility request; and
72(b) the process and requirements for filing a modified feasibility request on or after May
736, 2026, shall be in accordance with the law in effect on the day on which the
74individual or an incorporation sponsor files a modified feasibility request.
75Section 2. Section 10-2a-206 is amended to read:
7610-2a-206 (Effective 05/06/26). Modified feasibility request -- Supplemental
77   feasibility study.
78   (1) As used in this section, "specified landowner" means the same as that term is defined in
79Section 10-2a-204.5.
80   [(1)] (2)(a) The sponsors of a feasibility request may modify the request to alter the
81boundaries of the proposed municipality and refile the modified feasibility request
82with the county clerk if:
83(i) the results of the feasibility study do not comply with Subsection 10-2a-205(5)(a);
84or
85(ii)(A) the feasibility request complies with Subsection 10-2a-201.5(4)(b);
86(B) the annexation petition described in Subsection 10-2a-201.5(4)(b) that
87proposed the annexation of an area that is part of the area proposed for
88incorporation has been denied; and
89(C) an incorporation petition based on the feasibility request has not been filed.
90(b)(i) The sponsors of a feasibility request may not file a modified request under
91Subsection [(1)(a)(i)] (2)(a)(i) more than 90 days after the day on which the
92feasibility consultant submits the final results of the feasibility study under
93Subsection 10-2a-205(2)(c)(iii).
94(ii) The sponsors of a feasibility request may not file a modified request under
95Subsection [(1)(a)(ii)] (2)(a)(ii) more than 18 months after filing the original
96feasibility request under Section 10-2a-202.
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97(c)(i) Subject to Subsection [(1)(c)(ii)] (2)(c)(ii), each modified feasibility request
98under Subsection [(1)(a)] (2)(a) shall comply with Subsections 10-2a-202(1), (3),
99(4), and (5) and Subsection 10-2a-201.5(4).
100(ii) Notwithstanding Subsection [(1)(c)(i)] (2)(c)(i), a signature on a feasibility request
101filed under Section 10-2a-202 may be used toward fulfilling the signature
102requirement of Subsection 10-2a-202(1)(a) for the feasibility request as modified
103under Subsection [(1)(a)] (2)(a), unless the modified feasibility request proposes
104the incorporation of an area that is more than 20% larger or smaller than the area
105described by the original feasibility request in terms of:
106(A) private land area; or
107(B) assessed fair market value of private real property, as of January 1 of the
108current year.
109(d) Within 20 days after the day on which the county clerk receives the modified
110request, the county clerk and the lieutenant governor shall follow the same procedure
111described in Subsections 10-2a-204(1) through (6) for the modified feasibility request
112as for an original feasibility request.
113(e)(i) If a sponsor files a modified feasibility request that includes an area of land that
114was not included in the original feasibility request, the county clerk shall, within
115seven days after the day on which the sponsor files the modified feasibility request
116with the lieutenant governor, identify any new specified landowners located
117within the added area of land and mail written notice to each of the new specified
118landowners.
119(ii) The notice described in Subsection (2)(e)(i) shall:
120(A) describe the added area of land; and
121(B) state that a specified landowner who owns land within the added area may
122request exclusion of the land from the proposed incorporation boundaries by
123filing a request for exclusion with the county clerk within 30 days after the day
124on which the county clerk mails the notice.
125(f)(i) A specified landowner who owns land within the added area described in
126Subsection (2)(e)(i) may request exclusion of the land from the proposed
127incorporation boundaries by filing a request for exclusion with the county clerk
128within 30 days after the day on which the county clerk mails the notice described
129in Subsection (2)(e)(i).
130(ii) The county clerk shall process a request for exclusion filed under Subsection (
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1312)(f)(i) in accordance with Subsections 10-2a-204.5(3) through (7), except that the
132deadlines calculated from the first public hearing in Section 10-2a-204.5 shall
133instead be calculated from the day on which the county clerk mails notice
134described in Subsection (2)(e)(i).
135[(e)] (g) Within 10 days after [a] the day on which the time period for a specified
136landowner to request exclusion under Subsection (2)(f) expires, or if a sponsor files a
137modified feasibility request that does not include a new area of land, within 10 days
138after the sponsor files the modified feasibility request[ is filed], the lieutenant
139governor shall:
140(i) estimate the cost of a supplemental feasibility study under this section; and
141(ii) provide the estimated cost to the feasibility request sponsors.
142[(f)] (h) Within 20 days after the lieutenant governor provides the estimated
143supplemental feasibility study cost, the feasibility request sponsors shall pay the
144estimated cost to the lieutenant governor for a supplemental feasibility study
145conducted on or after May 1, 2024.
146   [(2)] (3) The timely filing of a modified feasibility request under Subsection [(1)] (2) gives
147the modified feasibility request the same processing priority under Subsection
14810-2a-204(7) as the original feasibility request if the feasibility request sponsors pay the
149estimated cost of the supplemental feasibility study as required in Subsection [(1)(e)]
150(2)(e).
151   [(3)] (4) [Within] Except as provided in Subsection (5), within 10 days after the day on
152which the lieutenant governor receives payment of the estimated supplemental
153feasibility study cost, the lieutenant governor shall commission the feasibility consultant
154who conducted the feasibility study to conduct a supplemental feasibility study that
155accounts for the modified feasibility request.
156   (5) If a modified feasibility request includes an area of land that was not included in the
157original feasibility request, the lieutenant governor may not commission a supplemental
158feasibility study under Subsection (4) unless:
159(a) the deadline for filing a request for exclusion described in Subsection (2)(f) has
160passed; and
161(b) the county clerk and lieutenant governor have issued a final determination on any
162request for exclusion filed in accordance with Subsection (2)(f).
163   [(4)] (6) The lieutenant governor shall require the feasibility consultant to:
164(a) submit a draft of the supplemental feasibility study to each applicable person with
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165whom the feasibility consultant is required to consult under Subsection
16610-2a-205(3)(c) within 30 days after the day on which the feasibility consultant is
167engaged to conduct the supplemental study;
168(b) allow each person to whom the consultant provided a draft under Subsection [(4)(a)]
169(6)(a) to review and provide comment on the draft; and
170(c) submit a completed supplemental feasibility study, to the following within 45 days
171after the day on which the feasibility consultant is engaged to conduct the feasibility
172study:
173(i) the lieutenant governor;
174(ii) the county legislative body of the county in which the incorporation is proposed;
175(iii) the contact sponsor; and
176(iv) each person to whom the consultant provided a draft under Subsection [(4)(a)]
177(6)(a).
178   [(5)] (7) If the results of the supplemental feasibility study do not comply with Subsection
17910-2a-205(5)(a):
180(a) the process to incorporate the area that is the subject of the supplemental feasibility
181study may not proceed; and
182(b) a feasibility request under Section 10-2a-202 may not be filed within 18 months after
183the date of the supplemental feasibility study if the feasibility request proposes the
184incorporation of an area included within the area described in the supplemental
185feasibility study.
186Section 3. Section 10-2a-220 is amended to read:
18710-2a-220 (Effective 05/06/26). Costs of incorporation -- Fees established by
188   lieutenant governor.
189   (1)(a) There is created an expendable special revenue fund known as the "Municipal
190Incorporation Expendable Special Revenue Fund."
191(b) The fund shall consist of:
192(i) appropriations from the Legislature;
193(ii) payments that feasibility request sponsors make to the lieutenant governor under
194Subsections 10-2a-205(1)(b) and 10-2a-206(1)(f); and
195(iii) fees the lieutenant governor collects and remits to the fund under this section.
196(c) The lieutenant governor shall deposit all money collected under this section into the
197fund.
198   (2)(a) The lieutenant governor shall establish a fee in accordance with Section 63J-1-504
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199for a cost incurred by the lieutenant governor or the county for an incorporation
200proceeding, including:
201(i) a request certification;
202(ii) a petition certification;
203(iii) publication of notices;
204(iv) public hearings;
205(v) all other incorporation activities occurring after the elections; and
206(vi) any other cost incurred by the lieutenant governor or county in relation to an
207incorporation proceeding.
208(b) A cost under Subsection (2)(a) does not include a cost incurred by a county for
209holding an election under Section 10-2a-210.
210   (3) Subject to Subsections 10-2a-205(1)(b) and [10-2a-206(1)(f)] 10-2a-206(2)(h), the
211lieutenant governor shall pay for a cost described in Subsection (2)(a) using funds from
212the Municipal Incorporation Expendable Special Revenue Fund.
213   (4)(a) A newly incorporated municipality shall:
214(i) pay to the lieutenant governor each fee established under Subsection (2) for each
215cost described in Subsection (2)(a) incurred by the lieutenant governor or the
216county;
217(ii) pay the county for a cost described in Subsection (2)(b); and
218(iii) reimburse feasibility request sponsors the cost the feasibility request sponsors
219paid for:
220(A) a feasibility study under Section 10-2a-205; and
221(B) any supplemental feasibility study under Section 10-2a-206.
222(b) The lieutenant governor shall execute a payback agreement with each new
223municipality for the new municipality to pay the fees described in Subsection (4)(a)
224over a period that, except as provided in Subsection (4)(c), may not exceed five years.
225(c) If necessary, the lieutenant governor may extend a fee payment deadline beyond the
226deadline described in Subsection (4)(b) by amending the payback agreement
227described in Subsection (4)(b).
228(d) The lieutenant governor shall deposit each fee the lieutenant governor collects under
229Subsection (4)(a)(i) into the Municipal Incorporation Expendable Special Revenue
230Fund.
231   (5) If the lieutenant governor expends funds from the Municipal Incorporation Expendable
232Special Revenue Fund that are not repaid to the lieutenant governor under Subsection
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233(4)(a)(i) because an area did not incorporate as a municipality, the Legislature shall
234appropriate money to the fund in an amount equal to the funds that are not repaid.
235Section 4. Section 10-20-301 is amended to read:
23610-20-301 (Effective 05/06/26). Ordinance establishing planning commission
237   required -- Ordinance requirements -- Compensation.
238   (1)(a) Each municipality shall enact an ordinance establishing a planning commission.
239(b) The ordinance shall[ define]:
240(i) include the number and terms of the planning commission members and, if the
241municipality chooses, alternate members;
242(ii) [the mode of appointment] provide procedures for appointing a planning
243commission member;
244(iii) [the] provide procedures for filling vacancies [and] on the planning commission;
245(iv) [removal from office;] provide procedures for removing a planning commission
246member from the planning commission and specify that:
247(A) in a form of government described in Section 10-3b-301 or 10-3b-401, and
248subject to any delegation of authority under Subsection 10-3b-303(1) or
24910-3b-403(1), the legislative body may remove a planning commission
250member; or
251(B) in a form of government described in Section 10-3b-202, the mayor may
252remove a planning commission member;
253(v) except as provided in Subsection (1)(b)(vi), describe the causes for which a
254planning commission member may be removed from the planning commission,
255which shall include:
256(A) using public funds for a political purpose under Title 20A, Chapter 11, Part
25712, Political Activities of Public Entities Act;
258(B) violating a provision of Title 10, Chapter 3, Part 13, Municipal Officers' and
259Employees' Ethics Act; and
260(C) acting with the intent to influence a land use decision or an appeal of a
261pending land use application in a manner that creates actual impermissible bias
262or an unacceptable risk of impermissible bias in the planning commission
263member's administrative or quasi-judicial duties;
264(vi) provide that a planning commission member deliberating about a specific
265pending land use application in a planning commission meeting with municipal
266staff, an elected official, or the land use applicant is not cause for removing a
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267planning commission member from the planning commission;
268(vii) provide requirements for when a planning commission member shall recuse
269oneself from deliberating or voting on certain land use applications;
270[(iv)] (viii) define the authority of the planning commission;
271[(v)] (ix) subject to Subsection (1)(c), [the] include rules of order and procedure for
272use by the planning commission in a public meeting; and
273[(vi)] (x) include other details relating to the organization and procedures of the
274planning commission.
275(c) Subsection [(1)(b)(v) ] (1)(b)(ix) does not affect the planning commission's duty to
276comply with Title 52, Chapter 4, Open and Public Meetings Act.
277   (2) The legislative body may authorize a member to receive per diem and travel expenses
278for meetings actually attended, in accordance with Section 11-55-103.
279Section 5. Section 10-20-302 is amended to read:
28010-20-302 (Effective 05/06/26). Planning commission powers and duties --
281   Training requirements.
282   (1) The planning commission shall review and make a recommendation to the legislative
283body for:
284(a) a general plan and amendments to the general plan;
285(b) land use regulations, including:
286(i) ordinances regarding the subdivision of land within the municipality; and
287(ii) amendments to existing land use regulations;
288(c) an appropriate delegation of power to at least one designated land use authority to
289hear and act on a land use application;
290(d) an appropriate delegation of power to at least one appeal authority to hear and act on
291an appeal from a decision of the land use authority; and
292(e) application processes that:
293(i) may include a designation of routine land use matters that, upon application and
294proper notice, will receive informal streamlined review and action if the
295application is uncontested; and
296(ii) shall protect the right of each:
297(A) land use applicant and adversely affected party to require formal consideration
298of any application by a land use authority; and
299(B) land use applicant or adversely affected party to appeal a land use authority's
300decision to a separate appeal authority[; and] .
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301[(C) participant to be heard in each public hearing on a contested application.]
302   (2) Before making a recommendation to a legislative body on an item described in
303Subsection (1)(a) or (b), the planning commission shall hold a public hearing in
304accordance with Section 10-20-405.
305   (3) A legislative body may adopt, modify, or reject a planning commission's
306recommendation to the legislative body under this section.
307   (4) A legislative body may consider a planning commission's failure to make a timely
308recommendation as a negative recommendation.
309   (5) Nothing in this section limits the right of a municipality to initiate or propose the actions
310described in this section.
311   (6)(a)(i) This Subsection (6) applies to:
312(A) a city of the first, second, third, or fourth class; and
313(B) a city of the fifth class with a population of 5,000 or more, if the city is located
314within a county of the first, second, or third class.
315(ii) The population for each city described in Subsection (6)(a)(i) shall be derived
316from:
317(A) an estimate of the Utah Population Committee created in Section 63C-20-103;
318or
319(B) if the Utah Population Committee estimate is not available, the most recent
320official census or census estimate of the United States [Bureau of the ]Census
321Bureau.
322(b) A municipality described in Subsection (6)(a)(i) shall ensure that each member of the
323municipality's planning commission completes four hours of annual land use training
324as follows:
325(i) one hour of annual training on general powers and duties, including the role of the
326planning commission in administrative, legislative, and quasi-judicial functions
327under this chapter; and
328(ii) three hours of annual training on a combination of land use and ethics topics,
329which may include:
330(A) appeals and variances;
331(B) conditional use permits;
332(C) exactions;
333(D) impact fees;
334(E) vested rights;
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335(F) subdivision regulations and improvement guarantees;
336(G) land use referenda;
337(H) property rights;
338(I) real estate procedures and financing;
339(J) zoning, including use-based and form-based;[ and]
340(K) drafting ordinances and code that complies with statute[.] ;
341(L) ex parte communication; and
342(M) conflict of interest.
343(c) A newly appointed planning commission member may not participate in a public
344meeting as an appointed member until the member completes the training described
345in Subsection (6)(b)(i).
346(d) A planning commission member may qualify for one completed hour of training
347required under Subsection (6)(b)(ii) if the member attends, as an appointed member,
34812 public meetings of the planning commission within a calendar year.
349(e) A municipality shall provide the training described in Subsection (6)(b) through:
350(i) municipal staff;
351(ii) the Utah League of Cities and Towns; or
352(iii) a list of training courses selected by:
353(A) the Utah League of Cities and Towns; or
354(B) the Division of Real Estate created in Section 61-2-201.
355(f) A municipality shall, for each planning commission member:
356(i) monitor compliance with the training requirements in Subsection (6)(b); and
357(ii) maintain a record of training completion at the end of each calendar year.
358Section 6. Section 10-20-507 is amended to read:
35910-20-507 (Effective 05/06/26). Classification of new and unlisted business uses.
360   (1) As used in this section:
361(a) "Classification request" means a request to determine whether a proposed business
362use aligns with an existing land use specified in a municipality's land use ordinances.
363(b) "New or unlisted business use" means a business activity that does not align with an
364existing land use specified in a municipality's land use ordinances.
365   (2)(a) Each municipality shall incorporate into the municipality's land use ordinances a
366process for reviewing and approving a new or unlisted business use and designating
367an appropriate zone or zones for an approved use.
368(b) The process described in Subsection (2)(a) shall:
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369(i) detail how an applicant may submit a classification request;
370(ii) establish a procedure for the municipality to review a classification request,
371including:
372(A) providing a land use authority with criteria to determine whether a proposed
373use aligns with an existing use;[ and]
374(B) allowing an applicant to proceed under the regulations of an existing use if a
375land use authority determines a proposed use aligns with that existing use; and
376(C) providing the applicant an opportunity to appeal a land use authority's decision
377to a land use appeal authority;
378(iii) provide that if a use is determined to be a new or unlisted business use:
379(A) the applicant shall submit to the legislative body for review an application [for
380approval of the new or unlisted business use to the legislative body for review]
381requesting that the legislative body adopt a land use ordinance that permits the
382new or unlisted business as a permitted or conditional use;
383(B) notwithstanding Subsection 10-20-503(2) or (3), the legislative body shall
384consider and [determine whether to ]approve or deny [the new or unlisted
385business use] the application described in Subsection (2)(b)(iii)(A); and
386(C) the legislative body shall approve or deny [the new or unlisted business use]
387the application described in Subsection (2)(b)(iii)(A), within a time frame the
388legislative body establishes by ordinance, if the applicant responds to requests
389for additional information within a time frame established by the municipality
390and appears at required hearings;
391(iv) provide that if the legislative body approves [a proposed new or unlisted business
392use] the application described in Subsection (2)(b)(iii)(A), the legislative body
393shall designate an appropriate zone or zones for the approved use; and
394(v) provide that if the legislative body denies [a proposed new or unlisted business use]
395the application described in Subsection (2)(b)(iii)(A), or if an applicant disagrees
396with the land use authority's classification of the proposed use, the legislative
397body shall:
398(A) notify the applicant in writing of each reason for the classification or denial;
399and
400(B) [offer the applicant an opportunity to challenge the classification or denial
401through an administrative appeal process established by the municipality] notify
402the applicant of the process for appealing the legislative body's decision in
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403accordance with Section 10-20-1109.
404(c) A municipality may not require an applicant who submits an application described in
405Subsection (2)(b)(iii)(A) to submit the application to the planning commission for
406consideration, review, or approval.
407   (3) Each municipality shall amend each land use ordinance that contains a list of approved
408or prohibited business uses to include a reference to the process for petitioning to
409approve a new or unlisted business use, as described in Subsection (2).
410Section 7. Section 10-20-807 is amended to read:
41110-20-807 (Effective 05/06/26). Subdivision plat recording or development
412   activity before required landscaping or infrastructure is completed -- Improvement
413   completion assurance -- Improvement warranty.
414   (1) As used in this section:
415(a) "Private landscaping plan" means a proposal:
416(i) to install landscaping on a lot owned by a private individual or entity; and
417(ii) submitted to a municipality by the private individual or entity, or on behalf of a
418private individual or entity, that owns the lot.
419(b) "Public landscaping improvement" means landscaping that an applicant is required to
420install to comply with published installation and inspection specifications for public
421improvements that:
422(i) will be dedicated to and maintained by the municipality; or
423(ii) are associated with and proximate to trail improvements that connect to planned
424or existing public infrastructure.
425   (2) A land use authority shall establish objective inspection standards for acceptance of a
426public landscaping improvement or infrastructure improvement that the land use
427authority requires.
428   (3)(a) Except as provided in Subsection (3)(d) or (e), before an applicant conducts any
429development activity or records a plat, the applicant shall:
430(i) complete any required public landscaping improvements or infrastructure
431improvements; or
432(ii) post an improvement completion assurance for any required public landscaping
433improvements or infrastructure improvements.
434(b) If an applicant elects to post an improvement completion assurance, the applicant
435shall, in accordance with Subsection (5), provide completion assurance for:
436(i) completion of 100% of the required public landscaping improvements or
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437infrastructure improvements; or
438(ii) if the municipality has inspected and accepted a portion of the public landscaping
439improvements or infrastructure improvements, 100% of the incomplete or
440unaccepted public landscaping improvements or infrastructure improvements.
441(c) A municipality shall:
442(i) establish a minimum of two acceptable forms of completion assurance;
443(ii)(A) if an applicant elects to post an improvement completion assurance, allow
444the applicant to post an assurance that meets the conditions of this chapter and
445any local ordinances; and
446(B) beginning on May 7, 2025, if a municipality accepts cash deposits as a form of
447completion assurance and the applicant elects to post a new cash deposit as a
448form of completion assurance, place the cash deposit in an interest-bearing
449account upon receipt and return any earned interest to the applicant with the
450return of the completion assurance according to the conditions of this chapter
451and any local ordinances;
452(iii) establish a system for the partial release of an improvement completion
453assurance as portions of required public landscaping improvements or
454infrastructure improvements are completed and accepted in accordance with local
455ordinance; and
456(iv) issue or deny a building permit in accordance with Section 10-20-1001 based on
457the installation of public landscaping improvements or infrastructure
458improvements.
459(d) A municipality may not require an applicant to post an improvement completion
460assurance for:
461(i) public landscaping improvements or an infrastructure improvement that the
462municipality has previously inspected and accepted;
463(ii) infrastructure improvements that are private and not essential or required to meet
464the building code, fire code, flood or storm water management provisions, street
465and access requirements, or other essential necessary public safety improvements
466adopted in a land use regulation;
467(iii) in a municipality where ordinances require all infrastructure improvements
468within the area to be private, infrastructure improvements within a development
469that the municipality requires to be private;
470(iv) landscaping improvements that are not public landscaping improvements, unless
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02-23 06:39  1st Sub. (Buff) H.B. 477
471the landscaping improvements and completion assurance are required under the
472terms of a development agreement;
473(v) a private landscaping plan;
474(vi) landscaping improvements or infrastructure improvements that an applicant
475elects to install at the applicant's own risk:
476(A) before the plat is recorded;
477(B) in accordance with inspections required by the municipality for the
478infrastructure improvement; and
479(C) in accordance with final civil engineering plan approval by the municipality; or
480(vii) any individual public landscaping improvement or individual infrastructure
481improvement when the individual public landscaping improvement or individual
482infrastructure improvement is also included as part of a separate improvement
483completion assurance.
484      (e)(i) A municipality may not:
485(A) prohibit an applicant from installing a public landscaping improvement or an
486infrastructure improvement when the municipality has approved final civil
487engineering plans for the development activity or plat for which the public
488landscaping improvement or infrastructure improvement is required; or
489(B) require an applicant to sign an agreement, release, or other document
490inconsistent with this chapter as a condition of posting an improvement
491completion assurance, security for an improvement warranty, or receiving a
492building permit.
493(ii) Notwithstanding Subsection (3)(e)(i)(A), public infrastructure improvements and
494infrastructure improvements that are installed by an applicant are subject to
495inspection by the municipality in accordance with the municipality's adopted
496inspection standards.
497      (f)(i) Each improvement completion assurance and improvement warranty posted by
498an applicant with a municipality shall be independent of any other improvement
499completion assurance or improvement warranty posted by the same applicant with
500the municipality.
501(ii) Subject to Section 10-20-905, if an applicant has posted a form of security with a
502municipality for more than one infrastructure improvement or public landscaping
503improvement, the municipality may not withhold acceptance of an applicant's
504required subdivision improvements, public landscaping improvement,
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1st Sub. (Buff) H.B. 477  02-23 06:39
505infrastructure improvements, or the performance of warranty work for the same
506applicant's failure to complete a separate subdivision improvement, public
507landscaping improvement, infrastructure improvement, or warranty work under a
508separate improvement completion assurance or improvement warranty.
509   (4)(a) Except as provided in Subsection (4)(c), as a condition for increased density or
510other entitlement benefit not currently available under the existing zone, a
511municipality may require a completion assurance bond for landscaped amenities and
512common area that are dedicated to and maintained by a homeowners association.
513(b) Any agreement regarding a completion assurance bond under Subsection (4)(a)
514between the applicant and the municipality shall be memorialized in a development
515agreement.
516(c) A municipality may not require a completion assurance bond for or dictate who
517installs or is responsible for the cost of the landscaping of residential lots or the
518equivalent open space surrounding single-family attached homes, whether platted as
519lots or common area.
520   (5) The sum of the improvement completion assurance required under Subsections (3) and
521(4) may not exceed the sum of:
522(a) 100% of the estimated cost of the public landscaping improvements or infrastructure
523improvements, as evidenced by an engineer's estimate or licensed contractor's bid;
524and
525(b) 10% of the amount of the bond to cover administrative costs incurred by the
526municipality to complete the improvements, if necessary.
527   (6)(a) Upon an applicant's written request that the land use authority accept or reject the
528applicant's installation of required subdivision improvements or performance of
529warranty work as set forth in Section 10-20-905, and for the duration of each
530improvement warranty period, the municipality may require the applicant to:
531(i) execute an improvement warranty for the improvement warranty period; and
532(ii) post a cash deposit, surety bond, letter of credit, or other similar security, as
533required by the municipality, in the amount of up to 10% of the lesser of the:
534(A) municipal engineer's original estimated cost of completion; or
535(B) applicant's reasonable proven cost of completion.
536(b) A municipality may not require the payment of the deposit of the improvement
537warranty assurance described in Subsection (6)(a)(i) for an infrastructure
538improvement or public landscaping improvement before the applicant indicates
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02-23 06:39  1st Sub. (Buff) H.B. 477
539through written request that the applicant has completed the infrastructure
540improvement or public landscaping improvement.
541   (7) When a municipality accepts an improvement completion assurance for public
542landscaping improvements or infrastructure improvements for a development in
543accordance with Subsection (3)(c)(ii), the municipality may not deny an applicant a
544building permit if the development meets the requirements for the issuance of a building
545permit under the building code and fire code.
546   (8) A municipality may not require the submission of a private landscaping plan as part of
547an application for a building permit.
548   (9) The provisions of this section do not supersede the terms of a valid development
549agreement, an adopted phasing plan, or the [state construction code] State Construction
550Code.
551Section 8. Section 10-21-101 is amended to read:
55210-21-101 (Effective 05/06/26). Definitions.
553      As used in this part:
554   (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
555detached from a single-family dwelling and contained on one lot or parcel.
556   (2) "Accessory structure" means a detached structure located on the same lot or parcel as a
557principal structure and is incidental and subordinate to the size and use of the principal
558structure.
559   (3) "Affordable housing" means housing offered for sale at 80% or less of the median
560county home price for housing of that type.
561   [(2)] (4) "Agency" means the same as that term is defined in Section 17C-1-102.
562   [(3)] (5) "Applicable metropolitan planning organization" means the metropolitan planning
563organization that has jurisdiction over the area in which a fixed guideway public transit
564station is located.
565   [(4)] (6) "Applicable public transit district" means the public transit district, as defined in
566Section 17B-2a-802, of which a fixed guideway public transit station is included.
567   [(5)] (7) "Base taxable value" means a property's taxable value as shown upon the
568assessment roll last equalized during the base year.
569   [(6)] (8) "Base year" means, for a proposed home ownership promotion zone area, a year
570beginning the first day of the calendar quarter determined by the last equalized tax roll
571before the adoption of the home ownership promotion zone.
572   (9) "Detached accessory dwelling unit" means an accessory dwelling unit that is not
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1st Sub. (Buff) H.B. 477  02-23 06:39
573attached to or within a primary detached single-family dwelling and located on the same
574lot or parcel as the primary detached single-family dwelling.
575   [(7)] (10) "Division" means the Housing and Community Development Division within the
576Department of Workforce Services.
577   [(8)] (11) "Existing fixed guideway public transit station" means a fixed guideway public
578transit station for which construction begins before June 1, 2022.
579   [(9)] (12) "Fixed guideway" means the same as that term is defined in Section 59-12-102.
580   [(10)] (13) "Home ownership promotion zone" means a home ownership promotion zone
581created in accordance with this part.
582   [(11)] (14) "Implementation plan" means the implementation plan adopted as part of the
583moderate income housing element of a specified municipality's general plan as provided
584in Subsection 10-21-201(4).
585   [(12)] (15) "Initial report" or "initial moderate income housing report" means the one-time
586report described in Subsection 10-21-202(1).
587   [(13)] (16) "Internal accessory dwelling unit" means an accessory dwelling unit created:
588(a) within a primary dwelling;
589(b) within the footprint of the primary dwelling described in [Subsection (13)(a)]
590Subsection (16)(a) at the time the internal accessory dwelling unit is created; and
591(c) for the purpose of offering a long-term rental of 30 consecutive days or longer.
592   [(14)] (17) "Moderate income housing strategy" means a strategy described in Subsection
59310-21-201(3)(a)(iii).
594   [(15)] (18) "New fixed guideway public transit station" means a fixed guideway public
595transit station for which construction begins on or after June 1, 2022.
596   [(16)] (19) "Participant" means the same as that term is defined in Section 17C-1-102.
597   [(17)] (20) "Participation agreement" means the same as that term is defined in Section
59817C-1-102.
599   [(18)] (21)(a) "Primary dwelling" means a single-family dwelling that:
600(i) is detached; and
601(ii) is occupied as the primary residence of the owner of record.
602(b) "Primary dwelling" includes a garage if the garage:
603(i) is a habitable space; and
604(ii) is connected to the primary dwelling by a common wall.
605   [(19)] (22) "Project improvements" means the same as that term is defined in Section
60611-36a-102.
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02-23 06:39  1st Sub. (Buff) H.B. 477
607   [(20)] (23) "Qualifying land use petition" means a petition:
608(a) that involves land located within a station area for an existing public transit station
609that provides rail services;
610(b) that involves land located within a station area for which the municipality has not yet
611satisfied the requirements of Subsection 10-21-203(1)(a);
612(c) that proposes the development of an area greater than five contiguous acres, with no
613less than 51% of the acreage within the station area;
614(d) that would require the municipality to amend the municipality's general plan or
615change a zoning designation for the land use application to be approved;
616(e) that would require a higher density than the density currently allowed by the
617municipality;
618(f) that proposes the construction of new residential units, at least 10% of which are
619dedicated to moderate income housing; and
620(g) for which the land use applicant requests the municipality to initiate the process of
621satisfying the requirements of Subsection 10-21-203(1)(a) for the station area in
622which the development is proposed, subject to Subsection 10-21-203(2)(d).
623   [(21)] (24) "Report" means an initial report or a subsequent progress report.
624   [(22)] (25) "Specified municipality" means:
625(a) a city of the first, second, third, or fourth class; or
626(b) a city of the fifth class with a population of 5,000 or more, if the city is located
627within a county of the first, second, or third class.
628   [(23)] (26)(a) "Station area" means:
629(i) for a fixed guideway public transit station that provides rail services, the area
630within a one-half mile radius of the center of the fixed guideway public transit
631station platform; or
632(ii) for a fixed guideway public transit station that provides bus services only, the
633area within a one-fourth mile radius of the center of the fixed guideway public
634transit station platform.
635(b) "Station area" includes any parcel bisected by the radius limitation described in [
636Subsection (a)(i)] Subsection (26)(a)(i) or (ii).
637   [(24)] (27) "Station area plan" means a plan that:
638(a) establishes a vision, and the actions needed to implement that vision, for the
639development of land within a station area; and
640(b) is developed and adopted in accordance with this section.
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1st Sub. (Buff) H.B. 477  02-23 06:39
641   [(25)] (28) "Subsequent progress report" means the annual report described in Subsection
64210-21-202(2).
643   [(26)] (29) "System improvements" means the same as that term is defined in Section
64411-36a-102.
645   [(27)] (30) "Tax commission" means the State Tax Commission created in Section 59-1-201.
646   [(28)] (31)(a) "Tax increment" means the difference between:
647(i) the amount of property tax revenue generated each tax year by a taxing entity from
648the area within a home ownership promotion zone, using the current assessed
649value and each taxing entity's current certified tax rate as defined in Section
65059-2-924; and
651(ii) the amount of property tax revenue that would be generated from that same area
652using the base taxable value and each taxing entity's current certified tax rate as
653defined in Section 59-2-924.
654(b) "Tax increment" does not include property revenue from:
655(i) a multicounty assessing and collecting levy described in Subsection 59-2-1602(2);
656or
657(ii) a county additional property tax described in Subsection 59-2-1602(4).
658   [(29)] (32) "Taxing entity" means the same as that term is defined in Section 17C-1-102.
659Section 9. Section 10-21-304 is enacted to read:
66010-21-304 (Effective 10/01/26). Detached accessory dwelling units.
661   (1)(a) A specified municipality shall adopt a land use regulation that permits a detached
662accessory dwelling unit on any lot or parcel that is 10,000 square feet or larger and
663contains a single-family dwelling, if the single-family dwelling is a permitted use on
664the lot or parcel.
665(b) This section does not prohibit a municipality from adopting a land use regulation that
666permits a detached accessory dwelling unit on a lot or parcel that is smaller than
66710,000 square feet.
668   (2) A land use regulation described in Subsection (1) shall:
669(a) require that a detached accessory dwelling unit comply with all applicable building,
670health, and fire codes; and
671(b) include a process for the owner of a legally constructed accessory structure to
672convert the accessory structure to a detached accessory dwelling unit subject to
673applicable:
674(i) dwelling and accessory structure setback requirements; and
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02-23 06:39  1st Sub. (Buff) H.B. 477
675(ii) building, health, and fire codes.
676   (3) A land use regulation described in Subsection (1) may not:
677(a) require a conditional use permit for a detached accessory dwelling unit if the
678proposed detached accessory dwelling unit is located in a primarily residential zone;
679(b) require more than two on-site parking spaces assigned to a detached accessory
680dwelling unit that is 650 square feet or larger;
681(c) require more than one on-site parking space assigned to a detached accessory
682dwelling unit that is smaller than 650 square feet; or
683(d) include design standards for a detached accessory dwelling unit that conflict with
684Section 10-20-618.
685   (4) A land use regulation described in Subsection (1) may:
686(a) require a detached accessory dwelling unit to:
687(i) conform to applicable land use regulations that regulate structure size, dimension,
688height, and maximum lot coverage;
689(ii) conform to setback requirements, that may take into account proximity to
690property lines and other structures, easements, window orientation, massing, or
691other elements; and
692(iii) be designed consistent with the design of the single-family dwelling;
693(b) prohibit a detached accessory dwelling unit from being:
694(i) larger in size than the single-family dwelling located on the same lot or parcel;
695(ii) located within a public utility easement or other recorded easement;
696(iii) located in a front-yard area of a lot or parcel; or
697(iv) rented for less than 90 consecutive days;
698(c) require that the owner of a lot or parcel where a detached accessory dwelling unit is
699located reside in the detached single-family dwelling or detached accessory dwelling
700unit located on the lot or parcel;
701(d) require that when a detached garage is converted to a detached accessory dwelling
702unit, any parking spaces required for the single-family dwelling that were located
703with the detached garage are replaced on-site;
704(e) prohibit more than one accessory dwelling unit on a lot or parcel; and
705(f) prohibit a detached accessory dwelling unit if:
706(i) the detached accessory dwelling unit will not have adequate access to a required
707utility service that is a project improvement, including sanitary sewer, culinary
708water, electrical, or storm water; or
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1st Sub. (Buff) H.B. 477  02-23 06:39
709(ii) a utility service that is a system improvement, including sanitary sewer, culinary
710water, electrical, or storm water, to which the detached accessory dwelling unit is
711required to connect does not have sufficient capacity to support the addition of the
712detached accessory dwelling unit to the utility service system improvements.
713   (5) This section does not supersede:
714(a) a land use regulation that regulates a detached accessory building that is not a
715detached accessory dwelling unit;
716(b) prohibitions or restrictions on detached accessory dwelling units in a development
717agreement signed by a municipality on or before May 6, 2026; or
718(c) a land use regulation or administrative action that:
719(i) is not prohibited by law; and
720(ii) relates to a detached accessory dwelling unit.
721Section 10. Section 17-79-205 is amended to read:
72217-79-205 (Effective 05/06/26). Notice of public hearings and public meetings on
723   adoption or modification of land use regulation.
724   (1) Each county shall give:
725(a) notice of the date, time, and place of the first public hearing to consider the adoption
726or modification of a land use regulation; and
727(b) notice of each public meeting on the subject.
728   (2) Each notice of a public hearing under Subsection (1)(a) shall be:
729(a) mailed to each affected entity at least 10 calendar days before the public hearing; and
730(b)(i) provided for the area affected by the land use ordinance changes, as a class B
731notice under Section 63G-30-102, for at least 10 calendar days before the day of
732the public hearing; or
733(ii) if the proposed land use ordinance adoption or modification is ministerial in
734nature, as described in Subsections (6)(a) and (b), provided as a class A notice
735under Section 63G-30-102 for at least 10 calendar days before the day of the
736public hearing.
737   (3) In addition to the notice requirements described in Subsections (1) and (2), for any
738proposed modification to the text of a zoning code, the notice posted in accordance with
739Subsection (2) shall:
740(a) include:
741(i) a summary of the effect of the proposed modifications to the text of the zoning
742code designed to be understood by a lay person; or
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02-23 06:39  1st Sub. (Buff) H.B. 477
743(ii) a direct link to the county's webpage where a person can find a summary of the
744effect of the proposed modifications to the text of the zoning code designed to be
745understood by a lay person; and
746(b) be provided to any person upon written request.
747   (4) Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours before
748the hearing and shall be published for the county, as a class A notice under Section
74963G-30-102, for at least 24 hours.
750   (5)(a) A county shall send a courtesy notice to each owner of private real property
751whose property is located entirely or partially within the proposed zoning map
752enactment or amendment at least 10 days before the scheduled day of the public
753hearing.
754(b) The notice shall:
755(i) identify with specificity each owner of record of real property that will be affected
756by the proposed zoning map or map amendments;
757(ii) state the current zone in which the real property is located;
758(iii) state the proposed new zone for the real property;
759(iv) provide information regarding or a reference to the proposed regulations,
760prohibitions, and permitted uses that the property will be subject to if the zoning
761map or map amendment is adopted;
762(v) state that the owner of real property may no later than 10 days after the day of the
763first public hearing file a written objection to the inclusion of the owner's property
764in the proposed zoning map or map amendment;
765(vi) state the address where the property owner should file the protest;
766(vii) notify the property owner that each written objection filed with the county will
767be provided to the county legislative body; and
768(viii) state the location, date, and time of the public hearing described in Section
76917-79-502.
770(c) If a county mails notice to a property owner under Subsection (2)(b)(i) for a public
771hearing on a zoning map or map amendment, the notice required in this Subsection
772(5) may be included in or part of the notice described in Subsection (2)(b)(i) rather
773than sent separately.
774   (6)(a) [A] For purposes of the notice requirements in Subsection (2)(b) only, a proposed
775land use ordinance is ministerial in nature if the proposed land use ordinance change
776is to:
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1st Sub. (Buff) H.B. 477  02-23 06:39
777(i) bring the county's land use ordinances into compliance with a state or federal law;
778(ii) adopt a county land use update that affects:
779(A) an entire zoning district; or
780(B) multiple zoning districts;
781(iii) adopt a non-substantive, clerical text amendment to an existing land use
782ordinance;
783(iv) recodify the county's existing land use ordinances; or
784(v) designate or define an affected area for purposes of a boundary adjustment or
785annexation.
786(b) A proposed land use ordinance may include more than one of the purposes described
787in Subsection (6)(a) and remain ministerial in nature.
788(c) If a proposed land use ordinance includes an adoption or modification not described
789in Subsection (6)(a):
790(i) the proposed land use ordinance is not ministerial in nature, even if the proposed
791land use ordinance also includes a change or modification described in Subsection
792(6)(a); and
793(ii) the notice requirements of Subsection (2)(b)(i) apply.
794Section 11. Section 17-79-301 is amended to read:
79517-79-301 (Effective 05/06/26). Ordinance establishing planning commission
796   required -- Exception -- Ordinance requirements -- Planning advisory area planning
797   commission -- Compensation.
798   (1)(a) Except as provided in Subsection (1)(b), each county shall enact an ordinance
799establishing a countywide planning commission for the unincorporated areas of the
800county not within a planning advisory area.
801(b) Subsection (1)(a) does not apply if all of the county is included within any
802combination of:
803(i) municipalities;
804(ii) planning advisory areas each with a separate planning commission; and
805(iii) mountainous planning districts.
806(c)(i) Notwithstanding Subsection (1)(a), a county that designates a mountainous
807planning district shall enact an ordinance, subject to Subsection (1)(c)(ii),
808establishing a planning commission that has jurisdiction over the entire
809mountainous planning district.
810(ii) A planning commission described in Subsection (1)(c)(i) has jurisdiction subject
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02-23 06:39  1st Sub. (Buff) H.B. 477
811to a local health department exercising the local health department's authority in
812accordance with Title 26A, Chapter 1, Local Health Departments, and a
813municipality exercising the municipality's authority in accordance with Section
81410-8-15.
815(iii) The ordinance shall require that members of the planning commission be
816appointed by the county executive with the advice and consent of the county
817legislative body.
818   (2)(a) Notwithstanding Subsection (1)(b), the county legislative body of a county of the
819first or second class that includes more than one planning advisory area each with a
820separate planning commission may enact an ordinance that:
821(i) dissolves each planning commission within the county; and
822(ii) establishes a countywide planning commission that has jurisdiction over:
823(A) each planning advisory area within the county; and
824(B) the unincorporated areas of the county not within a planning advisory area.
825(b) A countywide planning commission established under Subsection (2)(a) shall assume
826the duties of each dissolved planning commission.
827   (3)(a) The ordinance described in Subsection (1)(a), (1)(c), or (2)(a) shall[ define]:
828(i) include the number and terms of the planning commission members and, if the
829county chooses, alternate members;
830(ii) [the mode of appointment] provide procedures for appointing a planning
831commission member;
832(iii) [the] provide procedures for filling vacancies on the planning commission;
833(iv) [ and removal from office] provide procedures for removing a planning
834commission member from the planning commission;
835(v) except as provided in Subsection (3)(a)(vi), describe the causes for which a
836planning commission member may be removed from the planning commission,
837which shall include:
838(A) using public funds for a political purpose under Title 20A, Chapter 11, Part
83912, Political Activities of Public Entities Act;
840(B) violating a provision of Title 10, Chapter 3, Part 13, Municipal Officers' and
841Employees' Ethics Act; and
842(C) acting with the intent to influence a land use decision or an appeal of a
843pending land use application in a manner that creates actual impermissible bias
844or an unacceptable risk of impermissible bias in the planning commission
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1st Sub. (Buff) H.B. 477  02-23 06:39
845member's administrative or quasi-judicial duties;
846(vi) provide that a planning commission member deliberating about a specific
847pending land use application in a planning commission meeting with municipal
848staff, an elected official, or the land use applicant is not cause for removing a
849planning commission member from the planning commission;
850(vii) provide requirements for when a planning commission member shall recuse
851oneself from deliberating or voting on certain land use applications;
852[(iv)] (viii) define the authority of the planning commission;
853[(v)] (ix) subject to Subsection (3)(b), [the] include rules of order and procedure for
854use by the planning commission in a public meeting; and
855[(vi)] (x) include other details relating to the organization and procedures of the
856planning commission.
857(b) Subsection [(3)(a)(v)] (3)(a)(ix) does not affect the planning commission's duty to
858comply with Title 52, Chapter 4, Open and Public Meetings Act.
859   (4)(a)(i) If the county establishes a planning advisory area planning commission, the
860county legislative body shall enact an ordinance that defines:
861(A) appointment procedures;
862(B) procedures for filling vacancies and removing members from office;
863(C) subject to Subsection (4)(a)(ii), the rules of order and procedure for use by the
864planning advisory area planning commission in a public meeting; and
865(D) details relating to the organization and procedures of each planning advisory
866area planning commission.
867(ii) Subsection (4)(a)(i)(C) does not affect the planning advisory area planning
868commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings
869Act.
870(b) The planning commission for each planning advisory area shall consist of seven
871members who shall be appointed by:
872(i) in a county operating under a form of government in which the executive and
873legislative functions of the governing body are separated, the county executive
874with the advice and consent of the county legislative body; or
875(ii) in a county operating under a form of government in which the executive and
876legislative functions of the governing body are not separated, the county
877legislative body.
878(c)(i) Members shall serve four-year terms and until their successors are appointed
                                               - 26 -
02-23 06:39  1st Sub. (Buff) H.B. 477
879and qualified.
880(ii) Notwithstanding the provisions of Subsection (4)(c)(i), members of the first
881planning commissions shall be appointed so that, for each commission, the terms
882of at least one member and no more than two members expire each year.
883(d)(i) Each member of a planning advisory area planning commission shall be a
884registered voter residing within the planning advisory area.
885(ii) Subsection (4)(d)(i) does not apply to a member described in Subsection (5)(a) if
886that member was, before May 12, 2015, authorized to reside outside of the
887planning advisory area.
888   (5)(a) A member of a planning commission who was elected to and served on a planning
889commission on May 12, 2015, shall serve out the term to which the member was
890elected.
891(b) Upon the expiration of an elected term described in Subsection (5)(a), the vacant seat
892shall be filled by appointment in accordance with this section.
893   (6) Upon the appointment of all members of a planning advisory area planning commission,
894each planning advisory area planning commission under this section shall begin to
895exercise the powers and perform the duties provided in Section 17-79-302 with respect
896to all matters then pending that previously had been under the jurisdiction of the
897countywide planning commission or planning advisory area planning and zoning board.
898   (7) The legislative body may authorize a member of a planning commission to receive per
899diem and travel expenses for meetings actually attended, in accordance with Section
90011-55-103.
901Section 12. Section 17-79-302 is amended to read:
90217-79-302 (Effective 05/06/26). Planning commission powers and duties --
903   Training requirements.
904   (1) Each countywide, planning advisory area, or mountainous planning district planning
905commission shall, with respect to the unincorporated area of the county, the planning
906advisory area, or the mountainous planning district, review and make a recommendation
907to the county legislative body for:
908(a) a general plan and amendments to the general plan;
909(b) land use regulations, including:
910(i) ordinances regarding the subdivision of land within the county; and
911(ii) amendments to existing land use regulations;
912(c) an appropriate delegation of power to at least one designated land use authority to
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913hear and act on a land use application;
914(d) an appropriate delegation of power to at least one appeal authority to hear and act on
915an appeal from a decision of the land use authority; and
916(e) application processes that:
917(i) may include a designation of routine land use matters that, upon application and
918proper notice, will receive informal streamlined review and action if the
919application is uncontested; and
920(ii) shall protect the right of each:
921(A) land use applicant and adversely affected party to require formal consideration
922of any application by a land use authority; and
923(B) land use applicant or adversely affected party to appeal a land use authority's
924decision to a separate appeal authority[; and] .
925[(C) participant to be heard in each public hearing on a contested application.]
926   (2) Before making a recommendation to a legislative body on an item described in
927Subsection (1)(a) or (b), the planning commission shall hold a public hearing in
928accordance with Section 17-79-404.
929   (3) A legislative body may adopt, modify, or reject a planning commission's
930recommendation to the legislative body under this section.
931   (4) A legislative body may consider a planning commission's failure to make a timely
932recommendation as a negative recommendation.
933   (5) Nothing in this section limits the right of a county to initiate or propose the actions
934described in this section.
935   (6)(a)(i) This Subsection (6) applies to a county that:
936(A) is a county of the first, second, or third class; and
937(B) has a population in the county's unincorporated areas of 5,000 or more.
938(ii) The population for each county described in Subsection (6)(a)(i) shall be derived
939from:
940(A) an estimate of the Utah Population Committee created in Section 63C-20-103;
941or
942(B) if the Utah Population Committee estimate is not available, the most recent
943official census or census estimate of the United States [Bureau of the ]Census
944Bureau.
945(b) A county described in Subsection (6)(a)(i) shall ensure that each member of the
946county's planning commission completes four hours of annual land use training as
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02-23 06:39  1st Sub. (Buff) H.B. 477
947follows:
948(i) one hour of annual training on general powers and duties, including the role of the
949planning commission in administrative, legislative, and quasi-judicial functions
950under [Title 17, Chapter 27a, County Land Use, Development, and Management
951Act] this chapter; and
952(ii) three hours of annual training on a combination of land use and ethics, which may
953include:
954(A) appeals and variances;
955(B) conditional use permits;
956(C) exactions;
957(D) impact fees;
958(E) vested rights;
959(F) subdivision regulations and improvement guarantees;
960(G) land use referenda;
961(H) property rights;
962(I) real estate procedures and financing;
963(J) zoning, including use-based and form-based;[ and]
964(K) drafting ordinances and code that complies with statute[.] ;
965(L) ex parte communication; and
966(M) conflicts of interest.
967      (c) A newly appointed planning commission member may not participate in a public
968meeting as an appointed member until the member completes the training described
969in Subsection (6)(b)(i).
970      (d) A planning commission member may qualify for one completed hour of training
971required under Subsection (6)(b)(ii) if the member attends, as an appointed member,
97212 public meetings of the planning commission within a calendar year.
973      (e) A county shall provide the training described in Subsection (6)(b) through:
974(i) county staff;
975(ii) the Utah Association of Counties; or
976(iii) a list of training courses selected by:
977(A) the Utah Association of Counties; or
978(B) the Division of Real Estate created in Section 61-2-201.
979      (f) A county shall, for each planning commission member:
980(i) monitor compliance with the training requirements in Subsection (6)(b); and
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 1st Sub. (Buff) H.B. 477  02-23 06:39
981(ii) maintain a record of training completion at the end of each calendar year.
982Section 13. Section 17-79-507 is amended to read:
98317-79-507 (Effective 05/06/26). Classification of new and unlisted business uses.
984   (1) As used in this section:
985(a) "Classification request" means a request to determine whether a proposed business
986use aligns with an existing land use specified in a county's land use ordinances.
987(b) "New or unlisted business use" means a business activity that does not align with an
988existing land use specified in a county's land use ordinances.
989   (2)(a) Each county shall incorporate into the county's land use ordinances a process for
990reviewing and approving a new or unlisted business use and designating an
991appropriate zone or zones for an approved use.
992(b) The process described in Subsection (2)(a) shall:
993(i) detail how an applicant may submit a classification request;
994(ii) establish a procedure for the county to review a classification request, including:
995(A) providing a land use authority with criteria to determine whether a proposed
996use aligns with an existing use;[ and]
997(B) allowing an applicant to proceed under the regulations of an existing use if a
998land use authority determines a proposed use aligns with that existing use; and
999(C) providing the applicant an opportunity to appeal a land use authority's decision
1000  to the land use appeal authority;
1001  (iii) provide that if a use is determined to be a new or unlisted business use:
1002  (A) the applicant shall submit to the legislative body for review an application [for
1003  approval of the new or unlisted business use to the legislative body for review]
1004  requesting that the legislative body adopt a land use ordinance that permits the
1005  new or unlisted business as a permitted or conditional use;
1006  (B) notwithstanding Subsection 17-79-503(2) or (3), the legislative body shall
1007  consider and [determine whether to ]approve or deny [the new or unlisted
1008  business use] the application described in Subsection (2)(b)(iii)(A); and
1009  (C) the legislative body shall approve or deny [the new or unlisted business use]
1010  the application described in Subsection (2)(b)(iii)(A), within a time frame the
1011  legislative body establishes by ordinance, if the applicant responds to requests
1012  for additional information within a time frame established by the county and
1013  appears at required hearings;
1014  (iv) provide that if the legislative body approves [a proposed new or unlisted business
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 02-23 06:39  1st Sub. (Buff) H.B. 477
1015  use] the application described in Subsection (2)(b)(iii)(A), the legislative body
1016  shall designate an appropriate zone or zones for the approved use; and
1017  (v) provide that if the legislative body denies [a proposed new or unlisted business use]
1018  the application described in Subsection (2)(b)(iii)(A), or if an applicant disagrees
1019  with a land use authority's classification of the proposed use, the legislative body
1020  shall:
1021  (A) notify the applicant in writing of each reason for the classification or denial;
1022  and
1023  (B) [offer the applicant an opportunity to challenge the classification or denial
1024  through an administrative appeal process established by the county] notify the
1025  applicant of the process for appealing the legislative body's decision in
1026  accordance with Section 17-79-1009.
1027  (c) A county may not require an applicant who submits an application described in
1028  Subsection (2)(b)(iii)(A) to submit the application to the planning commission for
1029  consideration, review, or approval.
1030     (3) Each county shall amend each land use ordinance that contains a list of approved or
1031  prohibited business uses to include a reference to the process for petitioning to approve a
1032  new or unlisted business use, as described in Subsection (2).
1033  Section 14. Section 17-79-707 is amended to read:
1034  17-79-707 (Effective 05/06/26). Subdivision plat recording or development
1035     activity before required infrastructure is completed -- Improvement completion
1036     assurance -- Improvement warranty.
1037     (1) As used in this section:
1038  (a) "Private landscaping plan" means a proposal:
1039  (i) to install landscaping on a lot owned by a private individual or entity; and
1040  (ii) submitted to a county by the private individual or entity, or on behalf of a private
1041  individual or entity, that owns the lot.
1042  (b) "Public landscaping improvement" means landscaping that an applicant is required to
1043  install to comply with published installation and inspection specifications for public
1044  improvements that:
1045  (i) will be dedicated to and maintained by the county; or
1046  (ii) are associated with and proximate to trail improvements that connect to planned
1047  or existing public infrastructure.
1048     (2) A land use authority shall establish objective inspection standards for acceptance of a
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 1st Sub. (Buff) H.B. 477  02-23 06:39
1049  required public landscaping improvement or infrastructure improvement.
1050     (3)(a) Except as provided in Subsection (3)(d) or (3)(e), before an applicant conducts
1051  any development activity or records a plat, the applicant shall:
1052  (i) complete any required public landscaping improvements or infrastructure
1053  improvements; or
1054  (ii) post an improvement completion assurance for any required public landscaping
1055  improvements or infrastructure improvements.
1056  (b) If an applicant elects to post an improvement completion assurance, the applicant
1057  shall, in accordance with Subsection (5), provide completion assurance for:
1058  (i) completion of 100% of the required public landscaping improvements or
1059  infrastructure improvements; or
1060  (ii) if the county has inspected and accepted a portion of the public landscaping
1061  improvements or infrastructure improvements, 100% of the incomplete or
1062  unaccepted public landscaping improvements or infrastructure improvements.
1063  (c) A county shall:
1064  (i) establish a minimum of two acceptable forms of completion assurance;
1065  (ii)(A) if an applicant elects to post an improvement completion assurance, allow
1066  the applicant to post an assurance that meets the conditions of this chapter and
1067  any local ordinances; and
1068  (B) beginning on May 7, 2025, if a county accepts cash deposits as a form of
1069  completion assurance and an applicant elects to post a new cash deposit as a
1070  form of completion assurance, place the cash deposit in an interest-bearing
1071  account upon receipt and return any earned interest to the applicant with the
1072  return of the completion assurance according to the conditions of this chapter
1073  and any local ordinances;
1074  (iii) establish a system for the partial release of an improvement completion
1075  assurance as portions of required public landscaping improvements or
1076  infrastructure improvements are completed and accepted in accordance with local
1077  ordinance; and
1078  (iv) issue or deny a building permit in accordance with Section 17-79-901 based on
1079  the installation of public landscaping improvements or infrastructure
1080  improvements.
1081  (d) A county may not require an applicant to post an improvement completion assurance
1082  for:
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 02-23 06:39  1st Sub. (Buff) H.B. 477
1083  (i) public landscaping improvements or infrastructure improvements that the county
1084  has previously inspected and accepted;
1085  (ii) infrastructure improvements that are private and not essential or required to meet
1086  the building code, fire code, flood or storm water management provisions, street
1087  and access requirements, or other essential necessary public safety improvements
1088  adopted in a land use regulation;
1089  (iii) in a county where ordinances require all infrastructure improvements within the
1090  area to be private, infrastructure improvements within a development that the
1091  county requires to be private;
1092  (iv) landscaping improvements that are not public landscaping improvements, unless
1093  the landscaping improvements and completion assurance are required under the
1094  terms of a development agreement;
1095  (v) a private landscaping plan;
1096  (vi) landscaping improvements or infrastructure improvements that an applicant
1097  elects to install at the applicant's own risk:
1098  (A) before the plat is recorded;
1099  (B) pursuant to inspections required by the county for the infrastructure
1100  improvement; and
1101  (C) pursuant to final civil engineering plan approval by the county; or
1102  (vii) any individual public landscaping improvement or individual infrastructure
1103  improvement when the individual public landscaping improvement or individual
1104  infrastructure improvement is also included as part of a separate improvement
1105  completion assurance.
1106        (e)(i) A county may not:
1107  (A) prohibit an applicant from installing a public landscaping improvement or an
1108  infrastructure improvement when the [municipality] county has approved final
1109  civil engineering plans for the development activity or plat for which the public
1110  landscaping improvement or infrastructure improvement is required; or
1111  (B) require an applicant to sign an agreement, release, or other document
1112  inconsistent with this chapter as a condition of posting an improvement
1113  completion assurance, security for an improvement warranty, or receiving a
1114  building permit.
1115  (ii) Notwithstanding Subsection (3)(e)(i)(A), public infrastructure improvements and
1116  infrastructure improvements that are installed by an applicant are subject to
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 1st Sub. (Buff) H.B. 477  02-23 06:39
1117  inspection by the county in accordance with the county's adopted inspection
1118  standards.
1119  (f)(i) Each improvement completion assurance and improvement warranty posted by
1120  an applicant with a county shall be independent of any other improvement
1121  completion assurance or improvement warranty posted by the same applicant with
1122  the county.
1123  (ii) Subject to Section 17-79-805, if an applicant has posted a form of security with a
1124  county for more than one infrastructure improvement or public landscaping
1125  improvement, the county may not withhold acceptance of an applicant's required
1126  subdivision improvements, public landscaping improvement, infrastructure
1127  improvements, or the performance of warranty work for the same applicant's
1128  failure to complete a separate subdivision improvement, public landscaping
1129  improvement, infrastructure improvement, or warranty work under a separate
1130  improvement completion assurance or improvement warranty.
1131     (4)(a) Except as provided in Subsection (4)(c), as a condition for increased density or
1132  other entitlement benefit not currently available under the existing zone, a county
1133  may require a completion assurance bond for landscaped amenities and common area
1134  that are dedicated to and maintained by a homeowners association.
1135  (b) Any agreement regarding a completion assurance bond under Subsection (4)(a)
1136  between the applicant and the county shall be memorialized in a development
1137  agreement.
1138  (c) A county may not require a completion assurance bond for or dictate who installs or
1139  is responsible for the cost of the landscaping of residential lots or the equivalent open
1140  space surrounding single-family attached homes, whether platted as lots or common
1141  area.
1142     (5) The sum of the improvement completion assurance required under Subsections (3) and
1143  (4) may not exceed the sum of:
1144  (a) 100% of the estimated cost of the public landscaping improvements or infrastructure
1145  improvements, as evidenced by an engineer's estimate or licensed contractor's bid;
1146  and
1147  (b) 10% of the amount of the bond to cover administrative costs incurred by the county
1148  to complete the improvements, if necessary.
1149     (6)(a) Upon an applicant's written request that the land use authority accept or reject the
1150  applicant's installation of required subdivision improvements or performance of
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 02-23 06:39  1st Sub. (Buff) H.B. 477
1151  warranty work as set forth in Section 17-79-805, and for the duration of each
1152  improvement warranty period, the land use authority may require the applicant to:
1153  (i) execute an improvement warranty for the improvement warranty period; and
1154  (ii) post a cash deposit, surety bond, letter of credit, or other similar security, as
1155  required by the county, in the amount of up to 10% of the lesser of the:
1156  (A) county engineer's original estimated cost of completion; or
1157  (B) applicant's reasonable proven cost of completion.
1158  (b) A county may not require the payment of the deposit of the improvement warranty
1159  assurance described in Subsection (6)(a) for an infrastructure improvement or public
1160  landscaping improvement before the applicant indicates through written request that
1161  the applicant has completed the infrastructure improvement or public landscaping
1162  improvement.
1163     (7) When a county accepts an improvement completion assurance for public landscaping
1164  improvements or infrastructure improvements for a development in accordance with
1165  Subsection (3)(c)(ii)(A), the county may not deny an applicant a building permit if the
1166  development meets the requirements for the issuance of a building permit under the
1167  building code and fire code.
1168     (8) A county may not require the submission of a private landscaping plan as part of an
1169  application for a building permit.
1170     (9) The provisions of this section do not supersede the terms of a valid development
1171  agreement, an adopted phasing plan, or the [state construction code] State Construction
1172  Code.
1173  Section 15. Section 17-79-901 is amended to read:
1174  17-79-901 (Effective 05/06/26). Enforcement -- Limitations on a county's ability
1175     to enforce an ordinance by withholding a permit or certificate.
1176     (1)(a) A county or an adversely affected party may, in addition to other remedies
1177  provided by law, institute:
1178  (i) injunctions, mandamus, abatement, or any other appropriate actions; or
1179  (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
1180  (b) A county need only establish the violation to obtain the injunction.
1181     (2)(a) Except as provided in Subsections (3) through (6), a county may enforce the
1182  county's ordinance by withholding a building permit or certificate of occupancy.
1183  (b) It is unlawful to erect, construct, reconstruct, alter, or change the use of any building
1184  or other structure within a county without approval of a building permit.
                                                  - 35 -
 1st Sub. (Buff) H.B. 477  02-23 06:39
1185  (c) The county may not issue a building permit unless the plans of and for the proposed
1186  erection, construction, reconstruction, alteration, or use fully conform to all
1187  regulations then in effect.
1188  (d) A county may require an applicant to install a permanent road, cover a temporary
1189  road with asphalt or concrete, or create another method for servicing a structure that
1190  is consistent with Appendix D of the International Fire Code, before receiving a
1191  certificate of occupancy for that structure.
1192  (e) A county may require an applicant to maintain and repair a temporary fire apparatus
1193  road during the construction of a structure accessed by the temporary fire apparatus
1194  road in accordance with the county's adopted standards.
1195  (f) A county may require temporary signs to be installed at each street intersection once
1196  construction of new roadway allows passage by a motor vehicle.
1197  (g) A county may adopt and enforce any appendix of the International Fire Code, 2021
1198  Edition.
1199     (3)(a) A county may not deny an applicant a building permit or certificate of occupancy
1200  because the applicant has not completed an infrastructure improvement:
1201  (i) unless the infrastructure improvement is essential to meet the requirements for the
1202  issuance of a building permit or certificate of occupancy under Title 15A, State
1203  Construction and Fire Codes Act; and
1204  (ii) for which the county has accepted an improvement completion assurance for a
1205  public landscaping improvement, as defined in Section 17-79-707, or an
1206  infrastructure improvement for the development.
1207  (b) For purposes of Subsection (3)(a)(i), notwithstanding Section 15A-5-205.6,
1208  infrastructure improvement that is essential means:
1209  (i) for a building permit:
1210  (A) operable fire hydrants installed in a manner that is consistent with the county's
1211  adopted engineering standards; and
1212  [(ii)] (B) for temporary roads used during construction, a properly compacted road
1213  base installed in a manner consistent with the county's adopted engineering
1214  standards[.] ;
1215  (ii) for a certificate of occupancy, at the discretion of the county, at least one of the
1216  following:
1217  (A) a permanent road;
1218  (B) a temporary road covered with asphalt or concrete; or
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 02-23 06:39  1st Sub. (Buff) H.B. 477
1219  (C) another method for accessing a structure consistent with Appendix D of the
1220  International Fire Code; and
1221  (iii) public infrastructure necessary for the health, life, and safety of the occupant.
1222  (c) A county may not adopt an engineering standard that requires an applicant to install a
1223  permanent road or a temporary road with asphalt or concrete before receiving a
1224  building permit.
1225     (4) A county may not deny an applicant a building permit or certificate of occupancy for
1226  failure to:
1227  (a) submit a private landscaping plan, as defined in Section 17-79-707; or
1228  (b) complete a landscaping improvement that is not a public landscaping improvement,
1229  as defined in Section 17-79-707.
1230     (5) A county may not withhold a building permit based on the lack of completion of a
1231  portion of a public sidewalk to be constructed within a public right-of-way serving a lot
1232  where a single-family or two-family residence or town home is proposed in a building
1233  permit application if an improvement completion assurance has been posted for the
1234  incomplete portion of the public sidewalk.
1235     (6) A county may not prohibit the construction of a single-family or two-family residence
1236  or town home, withhold recording a plat, or withhold acceptance of a public landscaping
1237  improvement, as defined in Section 17-79-707, or an infrastructure improvement based
1238  on the lack of installation of a public sidewalk if an improvement completion assurance
1239  has been posted for the public sidewalk.
1240     (7) A county may not redeem an improvement completion assurance securing the
1241  installation of a public sidewalk sooner than 18 months after the date the improvement
1242  completion assurance is posted.
1243     (8) A county shall allow an applicant to post an improvement completion assurance for a
1244  public sidewalk separate from an improvement completion assurance for:
1245  (a) another infrastructure improvement; or
1246  (b) a public landscaping improvement, as defined in Section 17-79-707.
1247     (9) A county may withhold a certificate of occupancy for a single-family or two-family
1248  residence or town home until the portion of the public sidewalk to be constructed within
1249  a public right-of-way and located immediately adjacent to the single-family or
1250  two-family residence or town home is completed and accepted by the county.
1251  Section 16. Effective Date.
1252     (1) Except as provided in Subsection (2), this bill takes effect May 6, 2026.
                                                  - 37 -
 1st Sub. (Buff) H.B. 477  02-23 06:39
1253     (2) The actions affecting Section 10-21-304 (Effective 10/01/26) take effect on October 1,
1254  2026.
                                              - 38 -