AND THAT’S A WRAP!

Here’s a summary of the land use-related bills passed in the legislature this session (2026).  I have just given an overview of each bill and what it does, not a detailed list of all the specific items that were included in each bill.  Suffice it to say, there’s plenty for city and county planners to do (again!) to come into compliance with the new laws.

Upcoming sessions to go over what happened are listed here:

ULI Utah 2026 Legislative Update – March 16; Chris Gamvroulas, Karson Eilers, Sam Elder

ULUI Spring Conference – March 20; Wilf Sommerkorn, Steve Waldrip, Karson Eilers, Shawn Guzman

APA Utah/ULCT 2026 Legislative Debrief Land Use – March 25; Francis Lilly, Wilf Sommerkorn, League Staff

APA Utah Spring Conference – April 8-10; Wilf Sommerkorn, Francis Lilly, Ari Bruenig

HB16 – Solar Power Plant Amendments

  • For solar power plants that generate more than one megawatt of power:
    • Must submit specified plans to local jurisdiction
    • Must receive from local jurisdiction:
      • Conditional use permit
      • Grading permit
      • Building permit
    • Local jurisdiction may not “unreasonably” withhold approval
    • Provisions found in state code 54-17-1205, not LUDMA

HB33 – Political Signs Amendments

  • Lists a number of provisions regarding political signs and their content
  • Prohibits signs to be attached to traffic signs, utility poles, traffic light poles, etc
  • Allows for political signs to be placed in park strips, with certain limitations

HB41 – Construction and Fire Codes Amendments

  • Provides for how Wildland-Urban Interface areas are to be designated, with local jurisdiction input

HB68 – Housing and Community Development Amendments

  • Moves all housing-related functions in state government into a new Division of Housing and Community Development in the Governor’s Office of Economic Opportunity
  • Designates a Housing Coordinator to oversee the Division, and makes that coordinator the Governor’s Advisor on Housing

HB76 – Data Center Water Transparency Amendments

  • Stipulates that before a city or county land use authority approves a land use application for a “large data center” (defined in the bill as one that will use more 75 acre feet of water annually), they must notify:
    • Division of Water Rights;
    • Division of Water Quality;
    • The relevant water provider
  • This provision is found in state code 73-5-8.3, not LUDMA

HB126 – Micro-Education Entity Facility Amendments

  • Adopts provisions in LUDMA section regarding micro-education facilities, which are declared to be a permitted use in all zoning districts (along with charter schools and home-based microschools)
  • Declares that micro-education facilities must meet provisions of locally-adopted codes
  • List some provisions that may be adopted as part of the local code, but then says the local entity need not adopt any of these, and may adopt their own provisions.
  • Changes number of students allowed from 100 to whatever the occupancy class of the building allows, but in no case more than 100 students

HB215 – Landscaping Restrictions Amendments

  • Modifies LUDMA section on water-wise landscaping to stipulate that local codes and enforcement cannot prevent removal of vegetation in WUI zones where such removal is needed to create defensible space

HB412 – Energy Development Planning Amendments

  • For solar or wind power plants with generating capacity of 10 or more megawatts, stipulates:
    • As part of the land use application to the local jurisdiction, the applicant provide proof of consultation with the State Division of Wildlife Resources on potential impacts to wildlife
    • Local jurisdiction to consider recommendations on Wildlife
    • Compliance with Division recommendations not required
    • This provision is found in state code 54-17-1201, not LUDMA

HB436 – Moderate Income Housing Infrastructure Amendments

  • Adds to the MIHP reporting requirement a tally of the number of residential occupancy permits issued during the past year
  • If the number of new occupancy permits issued exceeds 2.5% of the number of current housing units in the community, the community qualifies for priority consideration for certain UDOT transportation funds.
  • Because of the reorganization of the housing function in the state administration, waives the requirement for submitting MIHP reports in 2026, except for the number of housing occupancy permits issued

HB439 – Water Planning Amendments

  • This bill did not pass, but its provisions were amended into SB284 and are now found there

HB457 – County Governance Modifications

  • This bill was extensively modified during its legislative journey. The planning provisions for growth in unincorporated areas in Wasatch Front-adjacent counties were removed (☹)
  • Extends the requirement that certain unincorporated islands in second class counties will be automatically annexed into an adjacent city on July 1, 2027.
  • A process to allow for exemption of individual islands is specified, different for Utah County from other second class counties

HB477 – Land Use Regulation Revisions

  • While this bill did not pass, all its provisions were amended into SB284

HB492 –Transportation, Infrastructure, and Housing Amendments

  • This is a long, involved bill. Here’s the essence of what it does, as authored by Francis Lilly, APA Board Member for Legislative Affairs:
    • This year, the state will launch a State Housing Infrastructure Partnership (SHIP) to help cities and counties fund critical infrastructure improvements that are necessary to serve new housing development. SHIP is contemplated as a $100 million revolving loan fund, with additional grant money made available to communities in Salt Lake County.

HB507 – State Coordination of Regional and Local Economic Development Projects Amds.

  • This is a huge and tremendously complex bill. The main point of this bill appears to be to attempt to bring under one set of rules how entities that use Tax Increment Financing (such as CRAs, HTRZs, HOPZs, etc) and the big regional state entities (Inland Port Authority, Point of the Mountain Authority, etc), as well as new entities such as energy development zones, operate.
  • The main housing-related entities (HTRZs, HOPZs, FIHZs, Convention Center RZs) will no longer be able to be created after Jan. 1, 2028. Those in existence will be able to continue to operate, under the rules put in place with this bill.
  • Establishes a new concept for Regionally Significant Development Zones, which can accomplish all the purposes of the other types of TIF areas, but now under this new, unified set of rules and provisions.

HB509 – Wetlands Study Amendments

  • Requires the State Dept. of Natural Resources to conduct a study on the status of wetlands in first and second class counties, so this will include much of the areas around the Great Salt Lake and Utah Lake
  • The study is to be completed by Oct. 30, 2027, with findings and recommendations for actions, reported back to the legislature.

HB520 – Higher Education Student Housing Study

  • Requires the governor’s expert on housing, in consultation with the state commissioner of higher education, along with the municipalities and private developers and others, to conduct a study of housing issues for students, faculty and staff around the state’s higher education institutions
  • Study to be completed by Nov. 1, 2026, with recommendations for action and reported back to the legislature

HB597 – Alcohol Amendments

  • On the land use part of the bill, changes the provisions for establishments that serve alcohol and their distance requirements “community locations” except for schools and churches.

SB39 – Investment Zones Amendments

  • Makes a number of changes to provisions of station area plans, HTRZs, HOPZs, and FIHZs.

SB232 – Regulatory Impacts on Families

  • Stipulates that before passing any new ordinances or amendments, the governing body must “consider the impact the proposed ordinance may have on family health, stability, and formation.” This includes land use codes and rezonings of property.
  • However, failure to do so does not invalidate the ordinance or create a cause of action against the entity.

SB242 – Transportation Amendments

  • Does a number of things regarding transportation-related regulations and provisions. Among them:
    • Defines the Utah Trail Network
    • allows the Transportation Commission to prioritize the use of Transit Transportation Investment Fund revenue for corridor preservation purposes
    • There are many other transportation-specific measures in the bill

SB278 – Development Authority Modifications

  • Add a provision into the LUDMA section on State and Federal Property to say that whenever a state agency or independent entity or development authority (like Inland Port or MIDA) intends to dispose of property it owns, the local government can coordinate with the state entity to develop a plan and land use codes for the property.
  • The required notifications and hearings for adoption of such plans and ordinances, if requested by the state entity, are waived.
  • Land disposed of by the Point of the Mountain Authority is required to be coordinated with Draper City, and the city must consider the intent of the state for the property to be disposed of.

SB284 – Local Land and Water Modifications

  • This bill, by default (as the provisions of HB477 were amended into it), became the Land Use Task Force bill. A water planning bill was also amended into it, so this bill covers a lot of territory
  • Modifications to the municipal incorporation process if areas of land are later added to an initial incorporation petition, and how those landowners have rights to be excluded
  • Provides that a governing body, or mayor in the appropriate form of government, can remove a planning commission member for violating specific provisions, including for “acting with the intent to influence a land use decision or an appeal of a pending land use application in a manner that creates actual impermissible bias or an unacceptable risk of impermissible bias in the planning commission member’s administrative or quasi-judicial duties.”
  • Stipulates that the required one hour training for planning commissioners prior to their being able to participate in meetings to include the roles of legislative, administrative, and quasi-judicial actions, and the remaining three hours of training now also include topics on ethics, such as ex parte communication and conflicts of interest.
  • Local entity must publish online all land use ordinances and regulations, and fees for land use processes. Must also publish online checklists for each land use application type
  • Removes the provision for considering a failure by the planning commission to make a timely recommendation on a proposed action to be a negative recommendation. Instead, the governing body may now proceed to act if it is determined that the PC had “adequate time” to make a recommendation.
  • Makes adjustments to the provision passed last year regarding classification of new and unlisted business uses
    • If an interpretation is made that the new use is not similar to an existing allowed use, the applicant can appeal that determination to the land use appeal authority.
    • If the application is determined to not to be similar and allowable, the applicant may go directly to the governing body for a determination of whether to include the use without first going to the planning commission.
  • Model homes and open houses cannot be regulated differently than residential uses in the same zone.
  • A provision stating that municipalities may regulate both the number of stories and overall height of buildings. Then there is a very specific provision about a lodging property approved in 2025 stating that the number of stories rules.  What a way to resolve a land use dispute – by legislation!
  • Creates a new section in LUDMA for exaction of water rights
    • Moves existing language from elsewhere in LUDMA to this section
    • New requirement that by Jan. 1, 2028, water rights can only be exacted if the local entity has a written plan to meet future water needs. The plan is to be based on state code section 73-1-4(2)(f).
  • As of July 1, 2026, for most cities and counties, the governing body may not be designated as the required appeal authority
    • Standard of appeal is subtly different for land use applicant vs an adversely affected party
    • The only parties that may speak in an appeal hearing are the appellant, the land use applicant, and the local government representatives
  • Adds a new section in the Housing Supply section of the state code (10-21; 17-80) on Detached ADUs
    • Requires most cities to adopt provisions in their land use codes allowing DADUs on residential lots of 11,000 sq ft or larger
    • Does not prohibit local choice to allow on smaller lots
    • Cannot be conditional use, and specifies several other limitations and requirements for local code
    • DADUs can be prohibited if there are not adequate utility services or capacity for them

HCR6 – Concurrent Resolution Regarding the Utah Housing Strategic Plan

  • A resolution that encourages the Legislature and the Governor support implementing the Utah Housing Strategic Plan to align and coordinate statewide efforts to increase housing supply and improve affordability

HCR14 – Concurrent Resolution Supporting the Transfer of Federally Managed Lands

  • A resolution that urges Congress to allow limited use of unreserved lands near existing communities and infrastructure for moderate income housing, and encourages Congress to support land transfers or exchanges in line with responsible stewardship.