2008 Legislative Summary Utah APA Luncheon West Valley City March 10, 2008

PLANNING BILLS

HB40 – Safe Drinking Water Revisions 1 st and 2 nd 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 1 st & 2 nd 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