Enrolled Copy H.B. 188 1 MODIFICATIONS RELATING TO THE USE OF LAND 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: R. Neil Walter Senate Sponsor: Curtis S. Bramble 2 3 LONG TITLE 4 General Description: 5 This bill modifies provisions related to uses of land within a county or municipality. 6 Highlighted Provisions: 7 This bill: 8 ▸ prohibits a county or municipality from changing or adding to building permit 9 requirements after issuance of the building permit, except in certain circumstances; 10 ▸ prohibits a county or municipality from revoking a building permit, or taking action that 11 has the effect of revoking a building permit, after issuance of the building permit; 12 ▸ enacts provisions limiting the ability of a county or municipality to impose requirements 13 on the operation of a tower crane as a condition of approving a building permit or authorizing 14 a development activity; and 15 ▸ enacts a provision relating to the operation of a tower crane. 16 Money Appropriated in this Bill: 17 None 18 Other Special Clauses: 19 None 20 Utah Code Sections Affected: 21 AMENDS: 22 10-9a-509, as last amended by Laws of Utah 2023, Chapter 478 23 17-27a-508, as last amended by Laws of Utah 2023, Chapter 478 24 ENACTS: 25 10-9a-538, as Utah Code Annotated 1953 26 15A-6-301, as Utah Code Annotated 1953 27 17-27a-534, as Utah Code Annotated 1953 H.B. 188 Enrolled Copy 28 29 Be it enacted by the Legislature of the state of Utah: 30 Section 1. Section 10-9a-509 is amended to read: 31 10-9a-509 . Applicant's entitlement to land use application approval -- 32 Municipality's requirements and limitations -- Vesting upon submission of development 33 plan and schedule. 34 (1) (a) (i) An applicant who has submitted a complete land use application as 35 described in Subsection (1)(c), including the payment of all application fees, is 36 entitled to substantive review of the application under the land use regulations: 37 (A) in effect on the date that the application is complete; and 38 (B) applicable to the application or to the information shown on the application. 39 (ii) An applicant is entitled to approval of a land use application if the application 40 conforms to the requirements of the applicable land use regulations, land use 41 decisions, and development standards in effect when the applicant submits a 42 complete application and pays application fees, unless: 43 (A) the land use authority, on the record, formally finds that a compelling, 44 countervailing public interest would be jeopardized by approving the 45 application and specifies the compelling, countervailing public interest in 46 writing; or 47 (B) in the manner provided by local ordinance and before the applicant submits 48 the application, the municipality formally initiates proceedings to amend the 49 municipality's land use regulations in a manner that would prohibit approval of 50 the application as submitted. 51 (b) The municipality shall process an application without regard to proceedings the 52 municipality initiated to amend the municipality's ordinances as described in 53 Subsection (1)(a)(ii)(B) if: 54 (i) 180 days have passed since the municipality initiated the proceedings; and 55 (ii) (A) the proceedings have not resulted in an enactment that prohibits approval 56 of the application as submitted; or 57 (B) during the 12 months prior to the municipality processing the application, or 58 multiple applications of the same type, are impaired or prohibited under the 59 terms of a temporary land use regulation adopted under Section 10-9a-504. 60 (c) A land use application is considered submitted and complete when the applicant 61 provides the application in a form that complies with the requirements of applicable -2- Enrolled Copy H.B. 188 62 ordinances and pays all applicable fees. 63 (d) A subsequent incorporation of a municipality or a petition that proposes the 64 incorporation of a municipality does not affect a land use application approved by a 65 county in accordance with Section 17-27a-508. 66 (e) The continuing validity of an approval of a land use application is conditioned upon 67 the applicant proceeding after approval to implement the approval with reasonable 68 diligence. 69 (f) A municipality may not impose on an applicant who has submitted a complete 70 application a requirement that is not expressed in: 71 (i) this chapter; 72 (ii) a municipal ordinance in effect on the date that the applicant submits a complete 73 application, subject to Subsection 10-9a-509(1)(a)(ii); or 74 (iii) a municipal specification for public improvements applicable to a subdivision or 75 development that is in effect on the date that the applicant submits an application. 76 (g) A municipality may not impose on a holder of an issued land use permit or a final, 77 unexpired subdivision plat a requirement that is not expressed: 78 (i) in a land use permit; 79 (ii) on the subdivision plat; 80 (iii) in a document on which the land use permit or subdivision plat is based; 81 (iv) in the written record evidencing approval of the land use permit or subdivision 82 plat; 83 (v) in this chapter; 84 (vi) in a municipal ordinance; or 85 (vii) in a municipal specification for residential roadways in effect at the time a 86 residential subdivision was approved. 87 (h) Except as provided in Subsection (1)(i), a municipality may not withhold issuance of 88 a certificate of occupancy or acceptance of subdivision improvements because of an 89 applicant's failure to comply with a requirement that is not expressed: 90 (i) in the building permit or subdivision plat, documents on which the building permit 91 or subdivision plat is based, or the written record evidencing approval of the land 92 use permit or subdivision plat; or 93 (ii) in this chapter or the municipality's ordinances. 94 (i) A municipality may not unreasonably withhold issuance of a certificate of occupancy 95 where an applicant has met all requirements essential for the public health, public -3- H.B. 188 Enrolled Copy 96 safety, and general welfare of the occupants, in accordance with this chapter, unless: 97 (i) the applicant and the municipality have agreed in a written document to the 98 withholding of a certificate of occupancy; or 99 (ii) the applicant has not provided a financial assurance for required and uncompleted 100 public landscaping improvements or infrastructure improvements in accordance 101 with an applicable ordinance that the legislative body adopts under this chapter. 102 (2) A municipality is bound by the terms and standards of applicable land use regulations 103 and shall comply with mandatory provisions of those regulations. 104 (3) A municipality may not, as a condition of land use application approval, require a 105 person filing a land use application to obtain documentation regarding a school district's 106 willingness, capacity, or ability to serve the development proposed in the land use 107 application. 108 (4) Upon a specified public agency's submission of a development plan and schedule as 109 required in Subsection 10-9a-305(8) that complies with the requirements of that 110 subsection, the specified public agency vests in the municipality's applicable land use 111 maps, zoning map, hookup fees, impact fees, other applicable development fees, and 112 land use regulations in effect on the date of submission. 113 (5) (a) If sponsors of a referendum timely challenge a project in accordance with 114 Subsection 20A-7-601(6), the project's affected owner may rescind the project's land 115 use approval by delivering a written notice: 116 (i) to the local clerk as defined in Section 20A-7-101; and 117 (ii) no later than seven days after the day on which a petition for a referendum is 118 determined sufficient under Subsection 20A-7-607(5). 119 (b) Upon delivery of a written notice described in Subsection (5)(a) the following are 120 rescinded and are of no further force or effect: 121 (i) the relevant land use approval; and 122 (ii) any land use regulation enacted specifically in relation to the land use approval. 123 (6) (a) After issuance of a building permit, a municipality may not: 124 (i) change or add to the requirements expressed in the building permit, unless the 125 change or addition is: 126 (A) requested by the building permit holder; or 127 (B) necessary to comply with an applicable state building code; or 128 (ii) revoke the building permit or take action that has the effect of revoking the 129 building permit. -4- Enrolled Copy H.B. 188 130 (b) Subsection (6)(a) does not prevent a municipality from issuing a building permit that 131 contains an expiration date defined in the building permit. 132 Section 2. Section 10-9a-538 is enacted to read: 133 10-9a-538 . Operation of a tower crane. 134 (1) As used in this section: 135 (a) "Affected land" means a parcel of land over which a part of a tower crane travels, 136 other than the parcel on which the tower crane is located. 137 (b) "Airspace approval" means a license, easement, permission of the owner of affected 138 land, or other approval for a part of a tower crane to travel within the air space over 139 affected land. 140 (c) (i) "Live load" means material being suspended from or lifted by a tower crane. 141 (ii) "Live load" does not include the components of a tower crane. 142 (d) "Permit period" means the period during which a land use permit is in effect. 143 (e) (i) "Tower crane" means a crane that is attached to and supported by a building or 144 foundation. 145 (ii) "Tower crane" does not include a crane supported by tracks or tires. 146 (2) Except as provided in Subsection (3), a municipality may not require airspace approval 147 as a condition for the municipality's: 148 (a) approval of a building permit; or 149 (b) authorization of a development activity. 150 (3) A municipality may require airspace approval relating to affected land as a condition for 151 the municipality's approval of a building permit or for the municipality's authorization of 152 a development activity if: 153 (a) the tower crane will, during the permit period or development activity, carry a live 154 load over the affected land; or 155 (b) the affected land is within: 156 (i) an airport overlay zone; or 157 (ii) another zone designated to protect the airspace around an airport. 158 Section 3. Section 15A-6-301 is enacted to read: 159 Part 3. Tower Cranes 160 15A-6-301 . Tower crane operation. 161 (1) As used in this section: 162 (a) "Affected land" means the same as that term is defined in Section 10-9a-538. -5- H.B. 188 Enrolled Copy 163 (b) "Airspace approval" means the same as that term is defined in Section 10-9a-538. 164 (c) "Jib" means the part of a tower crane that: 165 (i) extends horizontally or almost horizontally from the main vertical component of 166 the tower crane; and 167 (ii) carries the live load. 168 (d) "Live load" means the same as that term is defined in Section 10-9a-538. 169 (e) "Minimum hook height" means the distance that, measured from the lowest point of 170 a hook suspended from a jib, is: 171 (i) 50 feet above the ground level of affected land; or 172 (ii) 20 feet above a building on affected land. 173 (f) "Tower crane" means the same as that term is defined in Section 10-9a-538. 174 (2) An operator of a tower crane shall operate the tower crane in accordance with the 175 requirements of the manufacturer of the tower crane. 176 (3) (a) A live load may travel over affected land at the minimum hook height with 177 airspace approval. 178 (b) A jib, but not a live load, may travel over the affected land at the minimum hook 179 height without airspace approval. 180 (4) The functioning of a tower crane in accordance with Subsection (3) does not constitute a 181 trespass on affected land. 182 Section 4. Section 17-27a-508 is amended to read: 183 17-27a-508 . Applicant's entitlement to land use application approval -- 184 Application relating to land in a high priority transportation corridor -- County's 185 requirements and limitations -- Vesting upon submission of development plan and 186 schedule. 187 (1) (a) (i) An applicant who has submitted a complete land use application, including 188 the payment of all application fees, is entitled to substantive review of the 189 application under the land use regulations: 190 (A) in effect on the date that the application is complete; and 191 (B) applicable to the application or to the information shown on the submitted 192 application. 193 (ii) An applicant is entitled to approval of a land use application if the application 194 conforms to the requirements of the applicable land use regulations, land use 195 decisions, and development standards in effect when the applicant submits a 196 complete application and pays all application fees, unless: -6- Enrolled Copy H.B. 188 197 (A) the land use authority, on the record, formally finds that a compelling, 198 countervailing public interest would be jeopardized by approving the 199 application and specifies the compelling, countervailing public interest in 200 writing; or 201 (B) in the manner provided by local ordinance and before the applicant submits 202 the application, the county formally initiates proceedings to amend the county's 203 land use regulations in a manner that would prohibit approval of the 204 application as submitted. 205 (b) The county shall process an application without regard to proceedings the county 206 initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if: 207 (i) 180 days have passed since the county initiated the proceedings; and 208 (ii) (A) the proceedings have not resulted in an enactment that prohibits approval 209 of the application as submitted; or 210 (B) during the 12 months prior to the county processing the application or 211 multiple applications of the same type, the application is impaired or prohibited 212 under the terms of a temporary land use regulation adopted under Section 213 17-27a-504. 214 (c) A land use application is considered submitted and complete when the applicant 215 provides the application in a form that complies with the requirements of applicable 216 ordinances and pays all applicable fees. 217 (d) The continuing validity of an approval of a land use application is conditioned upon 218 the applicant proceeding after approval to implement the approval with reasonable 219 diligence. 220 (e) A county may not impose on an applicant who has submitted a complete application 221 a requirement that is not expressed in: 222 (i) this chapter; 223 (ii) a county ordinance in effect on the date that the applicant submits a complete 224 application, subject to Subsection 17-27a-508(1)(a)(ii); or 225 (iii) a county specification for public improvements applicable to a subdivision or 226 development that is in effect on the date that the applicant submits an application. 227 (f) A county may not impose on a holder of an issued land use permit or a final, 228 unexpired subdivision plat a requirement that is not expressed: