Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                              H.B. 237
Approved for Filing: R.H. Rees 6
          6 01-10-24 2:39 PM 6
                         LAND USE AUTHORITY AMENDMENTS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: R. Neil Walter
                               Senate Sponsor: Curtis S. Bramble
 6
 LONG TITLE
 General Description:
        This bill modifies provisions relating to local land use regulations.
 Highlighted Provisions:
        This bill:
        < prohibits a county or municipality from requiring the incorporation of a preferred
 aesthetic feature in new development unless the preferred aesthetic feature is
 expressed in the county or municipality's land use regulation.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        10-9a-501, as last amended by Laws of Utah 2023, Chapter 65
        17-27a-501, as last amended by Laws of Utah 2023, Chapter 65
23
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 10-9a-501 is amended to read:
                                                                                                   H.B. 237
        10-9a-501. Enactment of land use regulation, land use decision, or development
 agreement.
     *HB0237*
       H.B. 237                                                                       01-10-24 2:39 PM
         (1) Only a legislative body, as the body authorized to weigh policy considerations, may
 enact a land use regulation.
         (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
 regulation only by ordinance.
         (b) A legislative body may, by ordinance or resolution, enact a land use regulation that
 imposes a fee.
         (3) A legislative body shall ensure that a land use regulation is consistent with the
 purposes set forth in this chapter.
         (4) (a) A legislative body shall adopt a land use regulation to:
         (i) create or amend a zoning district under Subsection 10-9a-503(1)(a); and
         (ii) designate general uses allowed in each zoning district.
         (b) A land use authority may establish or modify other restrictions or requirements
 other than those described in Subsection (4)(a), including the configuration or modification of
 uses or density, through a land use decision that applies criteria or policy elements that a land
 use regulation establishes or describes.
         (5) A municipality may not adopt a land use regulation, development agreement, or
 land use decision that restricts the type of crop that may be grown in an area that is:
         (a) zoned agricultural; or
         (b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
         (6) A municipal land use regulation pertaining to an airport or an airport influence area,
 as that term is defined in Section 72-10-401, is subject to Title 72, Chapter 10, Part 4, Airport
 Zoning Act.
         (7) (a) As used in this Subsection (7), "aesthetic feature" means a characteristic of a
 structure that relates to the color, architectural style, type of facade, or other aesthetic quality of
 the structure.
         (b) A municipality may not require development that occurs on or after January 1, 2025
 to incorporate an aesthetic feature preferred by the municipality unless the preferred aesthetic
 feature is expressed in the municipality's land use regulation.
         Section 2. Section 17-27a-501 is amended to read:
         17-27a-501. Enactment of land use regulation.
         (1) Only a legislative body, as the body authorized to weigh policy considerations, may
                                                       -2-
       01-10-24 2:39 PM                                                                           H.B. 237
 enact a land use regulation.
         (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
 regulation only by ordinance.
         (b) A legislative body may, by ordinance or resolution, enact a land use regulation that
 imposes a fee.
         (3) A land use regulation shall be consistent with the purposes set forth in this chapter.
         (4) (a) A legislative body shall adopt a land use regulation to:
         (i) create or amend a zoning district under Subsection 17-27a-503(1)(a); and
         (ii) designate general uses allowed in each zoning district.
         (b) A land use authority may establish or modify other restrictions or requirements
 other than those described in Subsection (4)(a), including the configuration or modification of
 uses or density, through a land use decision that applies criteria or policy elements that a land
 use regulation establishes or describes.
         (5) A county may not adopt a land use regulation, development agreement, or land use
 decision that restricts the type of crop that may be grown in an area that is:
         (a) zoned agricultural; or
         (b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
         (6) A county land use regulation pertaining to an airport or an airport influence area, as
 that term is defined in Section 72-10-401, is subject to Title 72, Chapter 10, Part 4, Airport
 Zoning Act.
         (7) (a) As used in this Subsection (7), "aesthetic feature" means a characteristic of a
 structure that relates to the color, architectural style, type of facade, or other aesthetic quality of
 the structure.
         (b) A county may not require development that occurs on or after January 1, 2025 to
 incorporate an aesthetic feature preferred by the county unless the preferred aesthetic feature is
 expressed in the county's land use regulation.
         Section 3. Effective date.
         This bill takes effect on May 1, 2024.
                                                       -3-
Statutes affected: 
Introduced: 