2024 LEGISLATIVE LAND USE/HOUSING BILLS PASSED

All right, here’s a quick summary of all the land use/housing related bills that we tracked during the session that passed.  Most of these were amended pretty extensively from what they started out as, and several have lots of detailed provisions.  This summary will be just a brief general description of each bill.  Details will follow, particularly in the upcoming legislative update sessions – see the end of this summary for the dates and locations for those.

LUTF/CHA/UEOC bills and other major bills:

H.B. 465 Housing Affordability Revisions –  makes changes to MIHP reporting requirements; allows RDA/CDA funds to be used for affordable housing, with limitations; makes some changes to state housing programs; encourages point of the mountain state land authority to use its land use authority to increase housing.

H.B. 476 Municipal Land Use Regulation Modifications – main Land Use Task Force bill, which makes a number of LUDMA changes, such as stipulations on approval of development phasing; numerous provisions on development agreements; stipulates that landings and porches in rear yards are allowed; changes to the subdivision approval processes; stipulates limitations on holding up certificates of occupancy due to landscaping and sidewalk completion issues; several other more minor provisions; provisions apply to counties as well.

S.B. 168 Affordable Building Amendments – sets standards and requirements for building and allowing modular homes in the state; makes modifications to several state housing programs; provides an option for local governments to create Home Ownership Promotion Zones (HOPZs), with financing opportunities.

H.B. 13 Infrastructure Financing Districts – sort of like PIDs, but allows private parties (developers/land owners) to create a type of special district to finance infrastructure; assessment is paid of at the time of issuance of a certificate of occupancy for a home; minimal public entity involvement, but does stipulate infrastructure to be built to entity requirements/plans.

S.B. 208 Housing and Transit Reinvestment Zone Amendments – makes modifications to HTRZ provisions, a number of which relate to incentives for affordable housing.

S.B. 268 First Home Investment Zone Act – the provisions of this bill had little discussion prior to the legislative session, was instead almost entirely crafted during the session.  Creates the optional First Home Investment Zone (FIZH) program; must not include any properties included in an HTRZ; provides financing options for mixed use, centers, housing affordability; number of such zones limited in Salt Lake County along with HTRZs.

H.B. 572 State Treasurer Investment Amendments – stipulates that the Public Treasurers Investment Fund, where many governmental entities bank their money until it is needed, invest a certain amount of funds in loan programs for affordable housing development.

Other land use/LUDMA changes:

H.B. 188 Modifications Relating to the Use of Land – prohibits adding to/changing requirements on an issued building permit, except for building code compliance; adds a section to LUDMA on tower cranes.

S.B. 13 Education Entity Amendments – creates educational entities identified as homebased microschools, and micro-educational entities; applies the same rules to these new entities as for charter schools (permitted in all zones, specified land use and inspection regulations apply).

S.B. 185 Residential Building Inspection Amendments – provides that if a local government does not complete a scheduled inspection within three days, the builder may select an inspection service from a list provided by the local government, which the local government must pay for and accept the report from.

H.B. 256 Military Compatible Land Use Amendments – stipulates that for any land use application within 5,000 ft of military property, the local entity must first consider the adopted compatible use plan for that military facility, and requires submittal of all such applications to the State Department of Veteran and Military Affairs for comment.  These provisions are not required if the application is already vested.

H.B. 289 Property Rights Ombudsman Amendments – for an advisory opinion from the Office of the Property Rights Ombudsman, if a party chooses to go to court with the matter and the ruling turns out to be in line with the advisory opinion, penalties and legal fees may be awarded.

H.B. 280 Water Related Changes – stipulates the preparation of a statewide water infrastructure plan, requires cooperation from all relevant entities including local governments.

H.B. 430 Local Government Transportation Services Amendments – creates the Public Transit Innovation Grants pilot program, intended to increase public transit services in high-growth areas.  Entities apply for funds for proposed services.

H.B. 502 Critical Infrastructure and Mining – calls for a study of the issues surrounding the mining of sand and gravel.

S.B. 28 Scenic Byway Program Amendments – extends the sunset of the Scenic Byways Program for five years; requires the Legislature to approve any new scenic byway designations that may be proposed.

S.B. 264 Inland Port Authority Amendments – makes a number of modifications to the inland port authority program

S.B. 258 Municipal Incorporation Amendments – creates a “preliminary municipality” entity for certain unincorporated properties proposed for development, after a feasibility study, public hearing by the lieutenant governor, and posting of a bond; intended to allow eventual transition to a town.

H.B. 330 Unincorporated Areas Amendments – automatically triggers annexation of unincorporated islands to adjacent municipalities on July 1, 2027 in Salt Lake County only.  Allows unincorporated, noncontiguous islands in community council areas to incorporate as a noncontiguous municipality.  Note from blog writer:  this is the latest manifestation of the annexation wars that have for so many years played havoc with annexation policy in our state.  The proposed recodification of the annexation code by a broad working group last year, was not taken up by the legislature (again!) this year.

And finally, the Salt Lake City sports-centered redevelopment bills:

H.B. 562 Utah Fairpark Area Investment and Restoration District – proposed for the area south of the State Fairpark, potentially for a new Major League Baseball stadium and surrounding development; includes some 65 acres (or more) of private land, to be governed by the District Board in cooperation with SLC officials.

S.B. 272 Capital City Revitalization Zone – a redevelopment district in downtown SLC, with oversight by a state-appointed board, driven by potential new stadium for the Utah Jazz and a National Hockey League team.

So there we go.  There were a number of funding measures that we did not go over here, for housing and for transportation, see the summary at the WFRC website.

For more details and to get answers to questions you may have, be sure to attend one of the legislative update sessions coming up.  Here are the dates and places:

Finally, a news story about some of these bills: https://www.deseret.com/politics/2024/03/01/gov-cox-giddy-at-housing-bills-passed-this-session/