SB 330

03-02 16:12  S.B. 330
1Land Use Regulation Amendments
                                       2026 GENERAL SESSION
                                            STATE OF UTAH
                                  Chief Sponsor: Kirk A. Cullimore
                                              House Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill modifies requirements related to development agreements.
6   Highlighted Provisions:
7This bill:
8▸ prohibits a municipality from limiting or impairing rights under certain development
9   agreements approved by a county;
10▸ prohibits a municipality from refusing to provide certain municipal services to a property
11   that is the subject of a development agreement approved by a county;
12▸ provides that where there is a conflict between a provision of a development agreement
13   and a land use regulation, the provision of the development agreement governs; and
14▸ makes technical and conforming changes.
15   Money Appropriated in this Bill:
16None
17   Other Special Clauses:
18None
19   Utah Code Sections Affected:
20   AMENDS:
2110-20-504, as renumbered and amended by Laws of Utah 2025, First Special Session,
22Chapter 15
2310-20-508, as renumbered and amended by Laws of Utah 2025, First Special Session,
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24Chapter 15
2510-20-902, as renumbered and amended by Laws of Utah 2025, First Special Session,
26Chapter 15
2717-79-508, as renumbered and amended by Laws of Utah 2025, First Special Session,
28Chapter 14
29
30   Be it enacted by the Legislature of the state of Utah:
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31Section 1. Section 10-20-504 is amended to read:
3210-20-504 . Temporary land use regulations.
33  (1)(a) Except as provided in Subsection (2)(b), a municipal legislative body may,
34      without prior consideration of or recommendation from the planning commission, [
35      enact] adopt an ordinance establishing a temporary land use regulation for any part or
36      all of the area within the municipality if:
37(i) the legislative body makes a finding of compelling, countervailing public interest;
38or
39(ii) the area is unregulated.
40      (b) A temporary land use regulation under Subsection (1)(a) may not:
41(i) prohibit or regulate the erection, construction, reconstruction, or alteration of any
42building or structure or any subdivision approval[.] ; or
43[(c) A temporary land use regulation under Subsection (1)(a) may not ]
44(ii) impose an impact fee or other financial requirement on building or development.
45  (2)(a) [The ] A municipal legislative body that adopts an ordinance establishing a
46      temporary land use regulation shall establish a period of limited effect for the
47      ordinance that does not[ to] exceed 180 days.
48      (b) A municipal legislative body may not apply the provisions of a temporary land use
49regulation to the review of a specific land use application if the land use application
50is impaired or prohibited by proceedings initiated under Subsection
5110-20-902(1)(a)(ii)(B).
52  (3)(a) A municipal legislative body may, without prior planning commission
53      consideration or recommendation, [enact] adopt an ordinance establishing a
54      temporary land use regulation prohibiting construction, subdivision approval, and
55      other development activities within an area that is the subject of an [Environmental
56      Impact Statement] environmental impact statement or a [Major Investment Study]
57      major investment study examining the area as a proposed highway or transportation
58      corridor.
59      (b) A regulation under Subsection (3)(a):
60(i) may not exceed 180 days in duration;
61(ii) may be renewed, if requested by the Transportation Commission created under
62Section 72-1-301, for up to two additional 180-day periods by an ordinance [
63enacted] adopted before the expiration of the previous regulation; and
64(iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the
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65Environmental Impact Statement or Major Investment Study is in progress.
66   (4) A municipal legislative body may not adopt an ordinance establishing a temporary land
67use regulation that limits or impairs the rights of a property owner under a recorded
68development agreement that a county approved before the municipality:
69(a) incorporated; or
70(b) annexed the real property that is the subject of the development agreement.
71Section 2. Section 10-20-508 is amended to read:
7210-20-508 . Development agreements.
73   (1) Subject to Subsection (2), a municipality may enter into a development agreement
74containing any term that the municipality considers necessary or appropriate to
75accomplish the purposes of this chapter, including a term relating to:
76(a) a master planned development;
77(b) a planned unit development;
78(c) an annexation;
79(d) affordable or moderate income housing with development incentives;
80(e) a public-private partnership; or
81(f) a density transfer or bonus within a development project or between development
82projects.
83   (2)(a) [A] Except as provided in Subsection (2)(g) or (2)(h), a development agreement
84may not:
85(i) limit a municipality's authority in the future to:
86(A) enact a land use regulation; or
87(B) take any action allowed under Section 10-8-84;
88(ii) require a municipality to change the zoning designation of an area of land within
89the municipality in the future; or
90(iii) allow a use or development of land that applicable land use regulations
91governing the area subject to the development agreement would otherwise
92prohibit, unless the legislative body approves the development agreement in
93accordance with the same procedures for enacting a land use regulation under
94Section 10-20-502, including a review and recommendation from the planning
95commission and a public hearing.
96(b) A development agreement that requires the implementation of an existing land use
97regulation as an administrative act does not require a legislative body's approval
98under Section 10-20-502.
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99     (c) Subject to Subsection (2)(d), a municipality may require a development agreement
100for developing land within the municipality if the applicant has applied for a
101legislative or discretionary approval, including an approval relating to:
102(i) the height of a structure;
103(ii) a parking or setback exception;
104(iii) a density transfer or bonus;
105(iv) a development incentive;
106(v) a zone change; or
107(vi) an amendment to a prior development agreement.
108     (d) A municipality may not require a development agreement as a condition for
109developing land within the municipality if:
110(i) the development otherwise complies with applicable statute and municipal
111ordinances;
112(ii) the development is an allowed or permitted use; or
113(iii) the municipality's land use regulations otherwise establish all applicable
114standards for development on the land.
115     (e) A municipality may submit to a county recorder's office for recording:
116(i) a fully executed development agreement; or
117(ii) a document related to:
118(A) code enforcement;
119(B) a special assessment area;
120(C) a local historic district boundary; or
121(D) the memorializing or enforcement of an agreed upon restriction, incentive, or
122covenant.
123     (f) [Subject to Subsection (2)(e)] Except for a development agreement approved in
124accordance with this section or a document described in Subsection (2)(e)(ii), a
125municipality may not cause to be recorded against private real property a document
126that imposes development requirements, development regulations, or development
127controls on the property.
128     (g) To the extent that a development agreement[ ] :
129(i) does not specifically address a matter or concern related to land use or
130development, the matter or concern is governed by:
131[(i)] (A) this chapter; and
132[(ii)] (B) any applicable land use regulations[.] ; or
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133(ii) conflicts with a land use regulation, the development agreement governs with
134respect to the development and use of the real property that is the subject of the
135development agreement.
136(h) For a real property in a municipality that is the subject of a recorded development
137agreement that a county approved before the municipality incorporated or before the
138municipality annexed the property, the municipality may not:
139(i) limit or impair the development or use of the property as specified in the
140development agreement; or
141(ii) refuse to provide municipal services to the property:
142(A) that the municipality provides to other real property within the municipality's
143boundaries; or
144(B) that the development agreement specifies that a county or municipality will
145provide to the property.
146Section 3. Section 10-20-902 is amended to read:
14710-20-902 . Applicant's entitlement to land use application approval --
148   Municipality's requirements and limitations -- Vesting upon submission of development
149   plan and schedule.
150   (1)(a)(i) An applicant who has submitted a complete land use application as
151described in Subsection (1)(c), including the payment of all application fees, is
152entitled to substantive review of the application under the land use regulations:
153(A) in effect on the date that the application is complete; and
154(B) applicable to the application or to the information shown on the application.
155(ii) An applicant is entitled to approval of a land use application if the application
156conforms to the requirements of the applicable land use regulations, land use
157decisions, and development standards in effect when the applicant submits a
158complete application and pays application fees, unless:
159(A) the land use authority, on the record, formally finds that a compelling,
160countervailing public interest would be jeopardized by approving the
161application and specifies the compelling, countervailing public interest in
162writing; or
163(B) in the manner provided by local ordinance and before the applicant submits
164the application, the municipality formally initiates proceedings to amend the
165municipality's land use regulations in a manner that would prohibit approval of
166the application as submitted.
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167     (b) The municipality shall process an application without regard to proceedings the
168municipality initiated to amend the municipality's ordinances as described in
169Subsection (1)(a)(ii)(B) if:
170(i) 180 days have passed since the municipality initiated the proceedings; and
171(ii)(A) the proceedings have not resulted in an enactment that prohibits approval
172of the application as submitted; or
173(B) during the 12 months before the municipality processing the application, or
174multiple applications of the same type, are impaired or prohibited under the
175terms of a temporary land use regulation adopted under Section 10-20-504.
176     (c) A land use application is considered submitted and complete when the applicant
177provides the application in a form that complies with the requirements of applicable
178ordinances and pays all applicable fees.
179     (d) A subsequent incorporation of a municipality or a petition that proposes the
180incorporation of a municipality does not affect:
181(i) a land use application approved by a county in accordance with Section 17-79-803[.] ;
182or
183(ii) a development agreement approved by a county in accordance with Section
18417-79-508.
185     (e) Unless a phasing sequence is required in an executed development agreement, a
186municipality shall, without regard to any other separate and distinct land use
187application, accept and process a complete land use application.
188     (f) The continuing validity of an approval of a land use application is conditioned upon
189the applicant proceeding after approval to implement the approval with reasonable
190diligence.
191     (g) A municipality may not impose on an applicant who has submitted a complete
192application a requirement that is not expressed in:
193(i) this chapter;
194(ii) a municipal ordinance in effect on the date that the applicant submits a complete
195application, subject to Subsection 10-20-902(1)(a)(ii); or
196(iii) a municipal specification for public improvements applicable to a subdivision or
197development that is in effect on the date that the applicant submits an application.
198     (h) A municipality may not impose on a holder of an issued land use permit or a final,
199unexpired subdivision plat a requirement that is not expressed:
200(i) in a land use permit;
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201(ii) on the subdivision plat;
202(iii) in a document on which the land use permit or subdivision plat is based;
203(iv) in the written record evidencing approval of the land use permit or subdivision
204plat;
205(v) in this chapter;
206(vi) in a municipal ordinance; or
207(vii) in a municipal specification for residential roadways in effect at the time a
208residential subdivision was approved.
209      (i) Except as provided in Subsection (1)(j) or (k), a municipality may not withhold
210issuance of a certificate of occupancy or acceptance of subdivision improvements
211because of an applicant's failure to comply with a requirement that is not expressed:
212(i) in the building permit or subdivision plat, documents on which the building permit
213or subdivision plat is based, or the written record evidencing approval of the land
214use permit or subdivision plat; or
215(ii) in this chapter or the municipality's ordinances.
216      (j) A municipality may not unreasonably withhold issuance of a certificate of occupancy
217where an applicant has met all requirements essential for the public health, public
218safety, and general welfare of the occupants, in accordance with this chapter, unless:
219(i) the applicant and the municipality have agreed in a written document to the
220withholding of a certificate of occupancy; or
221(ii) the applicant has not provided a financial assurance for required and uncompleted
222public landscaping improvements or infrastructure improvements in accordance
223with an applicable local ordinance.
224      (k) A municipality may not conduct a final inspection required before issuing a
225certificate of occupancy for a residential unit that is within the boundary of an
226infrastructure financing district, as defined in Section 17B-1-102, until the applicant
227for the certificate of occupancy provides adequate proof to the municipality that any
228lien on the unit arising from the infrastructure financing district's assessment against
229the unit under Title 11, Chapter 42, Assessment Area Act, has been released after
230payment in full of the infrastructure financing district's assessment against that unit.
231      (l) A municipality:
232(i) may require the submission of a private landscaping plan, as defined in Section
23310-20-807, before landscaping is installed; and
234(ii) may not withhold an applicant's building permit or certificate of occupancy
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235because the applicant has not submitted a private landscaping plan.
236  (2) A municipality is bound by the terms and standards of applicable land use regulations
237      and shall comply with mandatory provisions of those regulations.
238  (3) A municipality may not, as a condition of land use application approval, require a
239      person filing a land use application to obtain documentation regarding a school district's
240      willingness, capacity, or ability to serve the development proposed in the land use
241      application.
242  (4) Upon a specified public agency's submission of a development plan and schedule as
243      required in Subsection 10-20-304(8) that complies with the requirements of that
244      subsection, the specified public agency vests in the municipality's applicable land use
245      maps, zoning map, hookup fees, impact fees, other applicable development fees, and
246      land use regulations in effect on the date of submission.
247  (5)(a) If sponsors of a referendum timely challenge a project in accordance with
248      Subsection 20A-7-601(6), the project's affected owner may rescind the project's land
249      use approval by delivering a written notice:
250(i) to the local clerk as defined in Section 20A-7-101; and
251(ii) no later than seven days after the day on which a petition for a referendum is
252determined sufficient under Subsection 20A-7-607(5).
253      (b) Upon delivery of a written notice described in Subsection (5)(a) the following are
254rescinded and are of no further force or effect:
255(i) the relevant land use approval; and
256(ii) any land use regulation enacted specifically in relation to the land use approval.
257  (6)(a) After issuance of a building permit, a municipality may not:
258(i) change or add to the requirements expressed in the building permit, unless the
259change or addition is:
260(A) requested by the building permit holder; or
261(B) necessary to comply with an applicable state building code; or
262(ii) revoke the building permit or take action that has the effect of revoking the
263building permit.
264      (b) Subsection (6)(a) does not prevent a municipality from issuing a building permit that
265contains an expiration date defined in the building permit.
266Section 4. Section 17-79-508 is amended to read:
26717-79-508 . Development agreements.
268  (1) Subject to Subsection (2), a county may enter into a development agreement containing
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269any term that the county considers necessary or appropriate to accomplish the purposes
270of this chapter, including a term relating to:
271(a) a master planned development;
272(b) a planned unit development;
273(c) an annexation;
274(d) affordable or moderate income housing with development incentives;
275(e) a public-private partnership; or
276(f) a density transfer or bonus within a development project or between development
277projects.
278   (2)(a) [A] Except as provided in Subsection (2)(g), a development agreement may not:
279(i) limit a county's authority in the future to:
280(A) enact a land use regulation; or
281(B) take any action allowed under Section 17-64-501;
282(ii) require a county to change the zoning designation of an area of land within the
283county in the future; or
284(iii) allow a use or development of land that applicable land use regulations
285governing the area subject to the development agreement would otherwise
286prohibit, unless the legislative body approves the development agreement in
287accordance with the same procedures for enacting a land use regulation under
288Section 17-79-502, including a review and recommendation from the planning
289commission and a public hearing.
290(b) A development agreement that requires the implementation of an existing land use
291regulation as an administrative act does not require a legislative body's approval
292under Section 17-79-502.
293(c) Subject to Subsection (2)(d), a county may require a development agreement for
294developing land within the unincorporated area of the county if the applicant has
295applied for a legislative or discretionary approval, including an approval relating to:
296(i) the height of a structure;
297(ii) a parking or setback exception;
298(iii) a density transfer or bonus;
299(iv) a development incentive;
300(v) a zone change; or
301(vi) an amendment to a prior development agreement.
302(d) A county may not require a development agreement as a condition for developing
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303land within the unincorporated area of the county if:
304(i) the development otherwise complies with applicable statute and county ordinances;
305(ii) the development is an allowed or permitted use; or
306(iii) the county's land use regulations otherwise establish all applicable standards for
307development on the land.
308      (e) A county may submit to a county recorder's office for recording:
309(i) a fully executed agreement; or
310(ii) a document related to:
311(A) code enforcement;
312(B) a special assessment area;
313(C) a local historic district boundary; or
314(D) the memorializing or enforcement of an agreed upon restriction, incentive, or
315covenant.
316      (f) [Subject to Subsection (2)(e),] Except for a development agreement approved in
317accordance with this section or a document described in Subsection (2)(e)(ii), a
318county may not cause to be recorded against private real property a document that
319imposes development requirements, development regulations, or development
320controls on the property.
321      (g) To the extent that a development agreement[ ] :
322(i) does not specifically address a matter or concern related to land use or
323development, the matter or concern is governed by:
324[(i)] (A) this chapter; and
325[(ii)] (B) any applicable land use regulations[.] ; or
326(ii) conflicts with a land use regulation, the development agreement governs with
327respect to the development and use of the real property that is the subject of the
328development agreement.
329Section 5. Effective Date.
330  This bill takes effect on May 6, 2026.
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