2008 Legislative Summary

Utah APA LuncheonWest Valley CityMarch 10, 2008

PLANNING BILLS

HB40 – Safe Drinking Water Revisions

• 1st and 2nd class counties only• Regulate 100 ft. around well, and in

zone of 250-day time of groundwater travel

• Water supplier can seek enforcement independently

• County required to adopt by May 3, 2010

• Applies inside cities and towns• City, town may adopt own

ordinance and supersede county

HB48 – Mobile Home Owners’ Rights

• Requires 9 moths notice before lease may be terminated or forced to vacate because of a change in land use or condemnation

• Rent may not be increased during this time

• Local entities may not enact ordinances governing closure of mobile home parks

HB153 – Impact Fee Amendments

• Includes private water providers• All areas, not just 1st & 2nd class

counties, to provide notice• List of entities to be notified now

includes Home Builders, Realtors, Contractors

• Must provide written analysis, required summary, ordinance at least 14 days prior to meeting for adoption

• 90 day wait period after adoption

HB164 – Town Incorporation Process Amendments

• Modifies process of incorporating town from bill passed last year

• Makes it much more difficult for a single large landowner to incorporate an area, including some existing residents

HB177 – County and Municipal Land Use Regulation of Potential

Geologic Hazard Areas

• Authorizes regulation in identified flood plains and geologic hazard areas

• Defines areas as those mapped, or very similar conditions to mapped areas

• Establishes 3-person appeal panel for disputes

HB184 – Construction Amendments

• Requires printing of standardized building permit number in upper right hand corner of all permits in at least 12-point type

HB216 – Annexation Revisions

• Has to do with annexation issues around new St. George airport

HB221 – Agriculture and Industrial Protection Area

Amendments• Requires consideration of ag protection

areas in land use elements, avoidance of uses inconsistent or detrimental to ag

• Cannot charge fee for petition by owner to remove land from protection areas

• Requires strong consideration of alternative transportation corridor locations so as not to impact ag protection areas

HB290 – Municipal Oversight of Rental Dwellings

• Prohibits municipalities from charging fees to inspect existing rental dwellings

• Prohibits municipalities from requiring retrofits to rental dwellings other than what is required by UBC

HB323 – Eminent Domain Amendments

• Clarifies that a park or space whose primary purpose is for use as a trail cannot be acquired through eminent domain

• Had originally also included paths, lanes, ways for emergency access

HB464 – Access to Landlocked Parcels

• Includes as one of the responsiblities of the property rights ombudsman the advising of owners of landlocked parcels

• Bill originally would have prohibited the approval of subdivisions creating landlocked parcels without owner’s consent or compensation

SB53 – Use of Initiative and Referendum for Administrative

Land Use and Zoning Matters• Prohibits initiatives for land use

ordinances• Clarifies that implementation of

land use ordinances (administrative matters) are not subject to referendum

SB177 – Local Government Disposal of Real Property

Acquired by Exaction

• Extends from 5 to 15 years time allowed to make use of property acquired by exaction

SB196 – County and Municipal Land Use Amendments

• Should be called the Subdivision Improvements Warranty Act

• Includes “subdivision plat” with land use permit for which no additional items beyond what is in the written approval can be required

• Applicant may request acceptance of installed improvements, entity has 15 days to respond

SB196, continued

• Applicant may request acceptance at end of warranty period, entity to respond in 45 days

• Exception for winter weather• Must establish objective inspection

standards• Warranty period can only be 1 year

– Exceptions to allow up to 2 years•Protect public health, safety welfare•Prior poor performance of applicant•Area of unstable soils•Extreme climatic fluctuations

SB208 – Transportation Corridor Preservation

Amendments• UDOT to designate high priority

transportation corridors• UDOT to notify local entities• UDOT able to acquire rights-of-way

(no eminent domain, however)• Local entity to notify UDOT when

development application received– Notification to be certified or

registered mail

SB208, continued

• For building permit application, must wait 30 days

• For other land use application, must wait 45 days

• After waiting period, cannot deny development solely because of corridor

SB264 – Development Around Military Installations

• Technical modifications to last year’s bill creating MIDA

• In essence, a super-RDA with some additional powers relating to development on federal land

SB286 – Transportation and Transit Amendments

• Transit district not required to conform to land use ordinances in a municipality in a county of the first class for constructing facilities or structures for a rail fixed guideway that extends across two or more counties

FUNDING MEASURES

• LeRay McAllister Critical Land Conservation Fund–

• GOPB Planning Grants Program–

• HB104 – Urban Trails Appropriation– $250,000 to Urban Trails Program– $250,000 to Bonneville Shoreline Trail Program

• Transportation Corridor Preservation– Several measures to increase funding

FAILED BILLS

• HB115 – Appropriation for a Utah Lake Transportation Study

• HB124 – Changes to Municipal Annexation Provisions

• HB147 – Restrictions of Regulation of Automotive Collection Activities

• HB197 – Residential Mortgage Loan Closing Act

• HB293 – Private Building Inspector Authorized

FAILED BILLS

• HB340 – Municipal Annexation Amendments• HB454 – Regulation of Riparian Overlay

Zones• HB481 – Subdivision Approval Amendments• SB86 – Economic Analysis and Reporting of

Cost of Land Use Regulation• SB51 – Impact Fees – Public Safety Facility

• SB279 – Water and Land Use Development