Land Use Library

This resource is designed to provide a quick, yet thorough, source of information on various land use topics, with links to the cases and statutes that include the rules that everyone in the land use arena must understand and abide by.

We appreciate the support of the Land Use Leadership Academy and the Utah League of Cities and Towns.

The Office of the Property Rights Ombudsman has provided funding for this training program from the 1% surcharge on all building permits in the State of Utah.  We also appreciate the funding provided by the Division of Housing and Community Development in the Utah Department of Workforce Services.

To access the information about your desired topic, click on the links below. Additional resources will be linked in the text of the narrative you choose. Only the topics shown in color are live at this time.

LAND USE RESOURCES

General Overview: Ground Rules – Your Handbook to Utah Land Use Regulation

FREE Copies of Ground Rules

for local elected and appointed decision-makers, including municipal council members, county commissioners,  planning commission members as well as appeal authorities.  Click HERE

Publication – 15 Basic Rules of Land Use Regulation in Utah – with references to page numbers in Ground Rules – Your Handbook to Utah Land Use Regulation

Publication – General Overview of Land Use Controls and General Land Use Administration – Excerpts from Ground Rules

General Overview of Land Use Law – 2023 Seminar – This is an engaging three-hour introduction to Land Use Regulation, Craig Call, Jordan Cullimore, Wilf Sommerkorn.  It could be used for an overview of land use law as part of the required four hours of training for planning commissions in Utah’s larger cities and counties.  Powerpoint.  Streaming Video -Part 1 – Streaming Video – Part 2 – 

Ground Rules:  Your Handbook to Utah Land Use Regulation is now available at Amazon.  This is a 290 page comprehensive guide to all the statutes, case law, and best practices associated with planning and zoning in Utah, updated for 2024.  To purchase, click here.

2023 Update to 2021 and 2022 Editions of Ground Rules.

2024 Update to the 2023 edition.  If the cover of your book does not say “2023” you will want both the 2023 and the 2024 updates.

Advisory Opinions – Office of the Property Rights Ombudsman

Annotated Index of 292 Property Rights Ombudsman Advisory Opinions  Note – this is a searchable excel database.

Other More Detailed Resources on Specific Topics:

Accessory Dwelling Units –

  • ULUI Fall Conference 2023.  A 2023 update on a long-standing issue facing Utah officials and residents. The legislature has favored the creation of new accessory dwelling units (ADUs) in Utah homes, mandating that an internal ADU be allowed within the footprint of most Utah homes if the owners wish to create one. In this video, Mayor Mark Johnson of Lehi explains the work Lehi City has done to gauge the real impact of ADU’s on existing water, sewer, and other infrastructure. In response, Attorney Analise Wilson, general counsel for Ivory Homes, explains the builder’s perspective and argues that data is not conclusive on the real impact of ADU’s. Wilf Sommerkorn, noted land use commentator and seasoned planning professional responds with perspective. Moderated by Nicole Cottle of UTOPIA. Recorded October 25, 2023 – 1 Hour.  Stream Video.  Mark Johnson Lehi Power Point
  • ULUI Spring Conference 2023 discussion of STRs and ADU’s.  Accessory Dwelling Units by Melanie Clark. Short-Term Rentals by Todd Sheeran.  Moderated by John Janson.  STR Power Point.   ADR Publication.  STR Publication    Streaming Video.

Administrative Discretion –  Publication – 2023 update of five cases decided by Utah Appellate Courts in past six years – administrative decision-making and substantial evidence, record of decisions.  Craig Call, April 2023.

Advisory Opinions – See “Ombudsman – Property Rights” – this index

Appeal Authority –

  • Land Use Appeals – Duncan Murray, Asst. City Attorney, West Jordan.  September 21, 2023.  Two hour video..Materials..  Streaming Video.
  • Variances and Land Use Disputes.  Publication.  How Variance Requests and Administrative Land Use Disputes are Handled by the Local Appeal Authority  – Training Materials prepared by the ULUI for the Utah League of Cities and Towns.
  • Utah Land Use Appeals – Best Practices – Craig Call, Hearing Officer for a number of Utah cities and counties.  January 31, 2024.  Written summary

Case Law Update – Publication – 2023 update of five cases decided by Utah Appellate Courts in past six years – administrative decision-making and substantial evidence, record of decisions.  Craig Call, April 2023.

Conditional Use Permits – Publication – More than thirty pages of detailed analysis by the ULUI of all aspects of the law and practice related to conditional uses.  Updated 2022,

Conferences – Utah Land Use Institute Conferences – Streaming video, power points and some materials for all sessions:

Development Agreements and Negotiation – Streaming Video Fall Conference 2021- Bruce Baird, Mark Harrington, Mark Stratford.

Disasters – Flooding, Landscapes and Development  – 2023 Fall Conference, ULUI .

  • Part One: Utah has experienced some tragic events related to both geological and flooding issues. As captured by dramatic video, two Draper homes slid into a ravine this year. Other issues with landslides in Bountiful, Layton, and other locations along the Wasatch Front make this a vital topic as Utah grows. Join Brent Bateman of Denton Durham Jones Pinegar as he moderates part one of the two part discussion among Paxton Guymon, general counsel for Edge Homes; Gary Crane, Layton City Attorney; and Steve Bowman of the Utah Geological Survey as they discuss specific events and general concerns with unstable and otherwise hazardous soils. The UGS Power Point and Gary Cranes presentation are available online at www.utahlanduse.org/2023-conference-materials/. This is part one of a two part conference. Recorded October 24, 2023.Stream Video 1 Hour, 35 Minutes.  Gary Crane Powerpoint.  Steve Bowman, Utah Geological Survey Powerpoint
  • Part Two:  The discussion of hazardous lands continues with panelists Benson Hathaway, Kirton McConkie; Ryan Loose, South Jordan City Attorney; and Charles Ewert, Weber County Planner who discuss more specifics as well as general recommendations and precautions going forward. Brent Bateman continues as moderator.  Recorded October 24, 2023, Stream Video.  1 hour, 19 minutes.

Discretion – Administrative  Publication – 2023 update of five cases decided by Utah Appellate Courts in past six years – administrative decision-making and substantial evidence, record of decisions.  Craig Call, April 2023.

Discretion – Legislative  Publication outlines the discretion the courts may allow to local governments when legislative decisions are challenged in court.  Discussion of the “reasonably debatable” standard.  Craig Call, April 2023.

Due Process in Land Use Procedures   Publication Prepared by the ULUI.  Includes new case law handed down in February of 2022.

Ethics in Land Use –

  • Fall Conference 2023.  The Office of Professional Conduct, Utah State Bar, reviews ethical considerations an attorney should consider.  Introduction by John Baldwin, Chair of Utah Board of CLE; presentation by Diane Akiyama. Moderated by David Hirschi, NCHW Law. Recorded October 25, 2023. 56 minutes.Stream Video.
  • Fall Conference 2021, Mary Kay Peck;  Powerpoint; Streaming Video
  • Fall Conference 2022, Gary Crane, Steve Garside, Powerpoint.  Streaming Video

Exactions on Development – Focus on Water – J. Craig Smith, Smith Hartvigsen.  November 2, 2023.  54 Minute Video.  .Materials – Exactions – J Craig Smith   Streaming Video.

Fees – ULUI Fall Conference 2023.  An engaging discussion of the recent Utah Supreme Court decision (Larson v. Pleasant Grove City, 2023 UT 2)) upholding the assessment of a monthly road maintenance fee on all customers who pay local utility bills. Local governments may now clearly impose fees to residents for road maintenance. The discussion also includes guidelines on the calculation and imposition of other fees as well. Also some discussion of legislative issues related to local fees.  Panelists include Nate Mitchell, who argued the case before the Court; Cameron Diehl, Director of the Utah League of Cities and Towns; Jordan Cullimore, Office of the Property Rights Ombudsman; and Susie Becker, Zions Public Finance. Recorded October 25, 2023. 1 hour.  Stream Video.  Nate Mitchell Power Point.  Decision – Larson v. PG City.

Growth –

  • Streaming Video – Fall Conference 2022 Keynote Session – Where We are Headed?  How Not California?, Prof. Arthur (Chris) Nelson, William Fulton, Katie McEller, Alan Matheson, Clark Ivory;  Nelson Powerpoint, Fulton Powerpoint;
  • Streaming Video – Response Panel: Cameron Diehl, Nicole Cottle, Laura Hanson, Ted Knowlton with audience participation.
  • Streaming Video – Conversation with Bill Fulton, Fall Conference 2022;

Growth – St. George – Streaming Video – Srping Conference 2023, Don’t Let Growth Stop You.  Prof. Arthur (Chris) Nelson.  Powerpoint.  

Homeowner Associations – Jeremy Johnson, Jenkins, Bagley & Sperry.  December 13, 2023.

Housing – Affordability –

  • Streaming Video Fall Conference 2021- Rep. Steve Waldrip, Prof. Arthur (Chris) Nelson, Angela Price, Mike Ostermiller;
  • Streaming Video,Fall Conference 2022, Christina Oliver, Mike Ostermiller, Rep. Steve Waldrip, Jeff Silvestrini  Oliver Power Point;
  • Streaming Video Spring Conference 2023 – Christina Oliver, David Damschen, Karson Eilers.  Powerpoint.
  • See also – the “Hows of Housing” – below.

Housing – Builders Perspective – Streaming Video  Fall Conference 2021,  Brent Bateman, Jason Harris, Scott Lalli, Krisel Travis.

Housing – “Hows of Housing” – ULUI Fall Conference 2023.  Three leaders from the private, public, and non-profit sectors discuss housing issues.  Ari Bruening of Envision Utah describes the result of a recent survey of local ordinances with an eye to highlighting where local regulations could evolve to allow more housing choices.  Recommendations are also made for state action to address the cost of housing.  Prominent Realtor Rick Southwick of EXP Realty and the Ogden Planning Commission comments from the private market perspective, including how Ogden is promoting affordable housing.  Mayor Jeff Silvestrini offers the perspective of an elected official and responds to the Envision Utah proposals, including the role of public comment.  Moderated by Jodi Hoffman, land use attorney, who offers her perspective as well.  Recorded Oct. 25, 2023.  One Hour . Stream Video.

Housing – “Hows of Housing 2024” – ULUI Spring Conference 2024 included more than six hours of housing information.  We begin with an outline of the 2024 legislation; then discuss what happens if housing costs too much?; the tax benefits and burdens of housing; housing design issues; and 27 (actually 30) ways to fund infrastructure.  View event schedule and speakers, stream all sessions, access powerpoints and materials here.

Housing – Innovation – Streaming Video Fall Confrence 2022 – Ivory Innovations and the Ivory Prize.  Abby Ivory, Wade Budge, Lukas Redd, Michael Parker.

Housing – Design Issues

Housing – Solutions – Three leaders of non-profit efforts to provide affordable housing and housing equity for moderate and low income families discuss some projects which are creative and effective. Specific projects are described and real world examples explained, including adaptive reuse of existing structures and infill development. Speakers include Jonathan Hardy of BCG Holdings LLC, Chris Parker of GIV Group, and Drew Maggelet of Call to Action/FJ Mgt. Moderated by Prof. David Thomas of BYU Law School (Retired). Chris Parker’s Power Point can be found at www.utahlanduse.org/2023-conference-materials/. Recorded Oct 25, 2023. One Hour. Stream Video.  Chris Parker Power Point.

Impact Fees – Chase Andrizzi, DAI Utah.  November 2, 2023. 53 Minute Video .Materials – Impact Fees – Chase Andrizzi  Impact Fees Power Point  Streaming Video

Infrastructure – Financing –

  • Spring Conference 2024 –27 Ways to Fund Infrastructure.  While it is clear that one of the major obstacles to housing production is the cost of infrastructure, would it not be wise to consider all the financing options available to be sure that we do not overlook a viable alternative?  Here we consider a broad overview of how infrastructure can be funded and get the 30,000 foot view of both new and old solutions. Recorded March 22, 2024.  53 minutes. Stream this session. Craig Call, Brian Baker, Zions Public Finance, Steve Waldrip, Governor’s Senior Advisor on Housing Innovation, Laura Hanson, Governor’s Office of State Planning – Powerpoint.  Infrastructure Funding Matrix
  • Fall Conference 2023 – A significant issue facing those who must cope with growth is how to pay for needed infrastructure expansion and renewal. Anthony Frost, local attorney with the Buchalter firm, has prepared a summary of some of the more commonly used methods of paying for infrastructure. This session includes his written materials, a matrix of some 27 funding options currently available to pay for infrastructure, and a detailed discussion of new and proposed financing options which rely on property tax income from the specific development which requires the infrastructure. The panelists include attorney Anthony Frost, Zach Bishop with Piper Sadler, Zach Hartman with Land Advisors, and McKinnon Woodbury with Woodbury Corporation developers. Moderated by Wade Budge, attorney with Snell & Wilmer law firm. Recorded October 25, 2023. 1 Hour.  Stream Video.  Infrastructure Powerpoint.  Anthony Frost Outline.  Infrastructure Funding Sources Matrix . State Funding Opportunities Portal.
  • Fall Conference 2022 – PID financing and other new devices for funding, Mike Sullivan, Brennen Brown, Nicole Cottle.  Streaming Video

Landslides and Development  – 2023 Fall Conference, ULUI .

  • Part One: Utah has experienced some tragic events related to both geological and flooding issues. As captured by dramatic video, two Draper homes slid into a ravine this year. Other issues with landslides in Bountiful, Layton, and other locations along the Wasatch Front make this a vital topic as Utah grows. Join Brent Bateman of Denton Durham Jones Pinegar as he moderates part one of the two part discussion among Paxton Guymon, general counsel for Edge Homes; Gary Crane, Layton City Attorney; and Steve Bowman of the Utah Geological Survey as they discuss specific events and general concerns with unstable and otherwise hazardous soils. The UGS Power Point and Gary Cranes presentation are available online at www.utahlanduse.org/2023-conference-materials/. This is part one of a two part conference. Recorded October 24, 2023.Stream Video 1 Hour, 35 Minutes.  Gary Crane Powerpoint.  Steve Bowman, Utah Geological Survey Powerpoint
  • Part Two:  The discussion of hazardous lands continues with panelists Benson Hathaway, Kirton McConkie; Ryan Loose, South Jordan City Attorney; and Charles Ewert, Weber County Planner who discuss more specifics as well as general recommendations and precautions going forward. Brent Bateman continues as moderator.  Recorded October 24, 2023, Stream Video.  1 hour, 19 minutes.

Legislative Discretion –  Publication outlines the discretion the courts may allow to local governments when legislative decisions are challenged in court.  Discussion of the “reasonably debatable” standard.  Craig Call, April 2023.

Legislative Updates –

Library – Resources – Streaming Video Fall Conference 2021 – Land Use Resources and Materials – Meg Ryan, ULCT; Craig Call, ULUI

Negotiation – See Development Agreements, this index.

Nonconforming Uses –  Publication – Review of statutes and case law related to “grandfathered” uses prepared by the ULUI. 2022 Update.

Meetings and Hearings. –

  • Streaming Video 2021 Fall Conference streaming video.   Shall We Zoom? – Meg Ryan, Jordan Katcher, Teresa Shope, Jon Call; See Also Public Participation – this index.
  • Streaming Video Recorded March 22, 2024.  i hour. Mock Planning Commission Meeting – Spring Conference 2024, Wilf Sommerkorn, Brent Bateman, Nicole Cottle, Gary Crane, David Hirschi.

Moratoria on Development and Pending Ordinances – Jordan Cullimore, Property Rights Ombudsman; December 20, 2023 – 60 minute video.Powerpoint Slides.  Streaming Video.

Ombudsman – Property Rights –

  • Publication: A review and evaluation of the Advisory Opinion process over its first fifteen years.
  • Index to 292 Advisory Opinions.
  • Streaming Video of 2021 Fall Conference Session –Brent Bateman, Jordan Cullimore, Todd Godfrey, Jodi Hoffman, Craig Call,  Powerpoint by Craig Call.
  • General access to all things ombudsman – www.propertyrights.utah.gov.

Ordinances – Updating – Streaming VIdeo, Spring Conference 2023, Keeping Local Ordinances Current, Brent Bateman, Ryan Beck.  Publication, Powerpoint.

Pending Ordinances – See “Moratorium”

Pandemic – Streaming Video, Fall Conference 2021 Long Term Effects of Covid on Land Use, Lance Bullen, Mark Murdock, Ted Knowlton, Nicole Cottle

Planning Commission, Role of –

  • Streaming Video Fall Conference 2021, Ted Knowlton, Meg Ryan, Harold Woodruff, Prof. David Thomas; 
  • Streaming Video Mock Planning Commission Meeting – Spring Conference 2024, Wilf Sommerkorn, Brent Bateman, Nicole Cottle, Gary Crane, David Hirschi.
  • Streaming Video Seminar for Planning Commission Chairs – April 8, 2024.  Wilf Sommerkorn, John Janson.  Powerpoint. 

Processing Land Use Applications –

  • Processing Land Use Applications – Defending Land Use Decisions – 2023 Case Law Update.  Craig Call.  May 11, 2023.   One hour video.  Publication – Summary of the Law, Best Practices and Ordinance Drafting Considerations.  Powerpoint used during presentation..  Stream this Session
  • How to Process Land Use Applications by Daniel Metcalfe.  Spring Conference 2023, Wilf Sommerkorn, Todd Godfrey, Jami Brackin, Wade Budge, Jordan Cullimore, Daniel Metcalfe.  Publication – How to Process Land Use Applications by Daniel Metcalfe (2023).  Publication – Salt Lake City Subdivision Flow Chart (2023).  Streaming Video.

Property Rights Ombudsman – See Ombudsman – Property Rights – this index.

Public Participation and Hearings –

Real Estate Realities – Fall Conference ULUI 2023.

  • Part One: Prominent national commentator on the economics of land use Prof. Arthur (Chris) Nelson outlines the national trends associated with inflation, office recovery and conversions, the exaggerated concern about brick-and-mortar retail and reinventing residential densities and uses, and the brings it all home to Utah with insights on what is going on statistically as Utah grows. 44 minutes. Recorded October 25, 2023. Stream Video. .Chris Nelson Powerpoint
  • Part Two: Utah’s real-world experience with housing, growth, and land use regulation is described with detailed analysis of what is actually happening. Dejan Eskic of the Gardner Institute of Public Policy discusses real-world analysis of Utah population, growth, and housing costs. Erin Laney Barr of CBRE Real Estate discusses the Salt Lake City real estate market and Lew Cramer, CEO of Colliers, offers the perspective of private market investors.  Recorded Oct. 25, 2023. One Hour Five Minutes.  Stream Video.  .Dejan Eskic Powerpoint.  Erin Laney Barr Powerpoint
  • Part Three:  The earlier panel is joined by three individuals on the front lines of growth:  Laura Hanson, Governor’s Office of Planning; Cameron Diehl,  Utah League of Cities and Towns; and Chris Gamvroulas, President of Ivory Development.  The conversation includes issues anticipated to be considered by the 2024 legislature, the results of the Guiding Our Growth survey, and how the private sector sees the land use arena evolving over the next few years.  Moderated by Wilf Sommekrorn, ULUI.  Recorded Oct. 25, 2023. One Hour 29 Minutes. Stream Video

Regional Development Authorities –  Streaming Video of 2021 Fall Conference Keynote Session.  Sen. Jerry Stevenson, Greg Hughes, Mayor Erin Mendenhall, Prof. Arthur (Chris) Nelson, Paul Morris, Alan Matheson.  Streaming Video of follow-up panel, including Nicole Cottle, Mayor Julie Fullmer, Chris Gamvroulas, Cameron Diehl, J. Craig Smith and Craig Call.

Referenda and Initiatives –

  • Referenda and Ballot Box Zoning.  Dallis Nordstrom Rohde. May 10, 2023.  One hour video. Publication – Summary of the Law, Best Practices and Ordinance Drafting Considerations. Stream this Session.
  • Publication.  Information from a seminar presented by the Utah Land Use Institute in 2018.

Roads Created by Use –  Publication.  How uninterrupted use of private property by the public for a thoroughfare creates a public road.  Includes an extended discussion of how all varieties of Utah roads are created, defined, abandoned, and used prepared by the ULUI.  Updated 2022.

Short-Term Rentals -ULUI Spring Conference 2023 discussion of STRs and ADU’s.  Accessory Dwelling Units by Melanie Clark. Short-Term Rentals by Todd Sheeran.  Moderated by John Janson.  STR Power Point.   ADR Publication.  STR Publication    Streaming Video.

Standard of Review – Administrative Discretion –  Publication – 2023 update of five cases decided by Utah Appellate Courts in past six years – administrative decision-making and substantial evidence, record of decisions.  Craig Call, April 2023.

Standard of Review – Legislative Discretion  Publication outlines the discretion the courts may allow to local governments when legislative decisions are challenged in court.  Discussion of the “reasonably debatable” standard.  Craig Call, April 2023.

Street Maintenance Fees – ULUI Fall Conference 2023.  An engaging discussion of the recent Utah Supreme Court decision (Larson v. Pleasant Grove City, 2023 UT 2)) upholding the assessment of a monthly road maintenance fee on all customers who pay local utility bills. Local governments may now clearly impose fees to residents for road maintenance. The discussion also includes guidelines on the calculation and imposition of other fees as well. Also some discussion of legislative issues related to local fees.  Panelists include Nate Mitchell, who argued the case before the Court; Cameron Diehl, Director of the Utah League of Cities and Towns; Jordan Cullimore, Office of the Property Rights Ombudsman; and Susie Becker, Zions Public Finance. Recorded October 25, 2023. 1 hour.  Stream Video.  Nate Mitchell Power Point.  Decision – Larson v. PG City.

Transferable Development Rights, Land Trusts and Other Community Preservation Tools –

  • Publication  Summary of Transferable Development Rights and Open Space Conservation by John Janson (2023).
  • Streaming Video – Presentation in Logan, Utah February 2023.  Part 1 – Overview; Video – Part 2 – Nibley and Cache County Experience;  Video – Part 3 – Utah Open Lands, Conservation Easements.  John Janson, Wendy Fisher,  Powerpoint;
  • Streaming Video, Presentation made in St. George, Utah April 2023, Prof. Arthur C IChris) Nelson, John Janson, Wendy Fisher.  Nelson Powerpoint, Janson – Fisher Powerpoint

Transportation (Road Maintenance) Fees – ULUI Fall Conference 2023.  An engaging discussion of the recent Utah Supreme Court decision (Larson v. Pleasant Grove City, 2023 UT 2)) upholding the assessment of a monthly road maintenance fee on all customers who pay local utility bills. Local governments may now clearly impose fees to residents for road maintenance. The discussion also includes guidelines on the calculation and imposition of other fees as well. Also some discussion of legislative issues related to local fees.  Panelists include Nate Mitchell, who argued the case before the Court; Cameron Diehl, Director of the Utah League of Cities and Towns; Jordan Cullimore, Office of the Property Rights Ombudsman; and Susie Becker, Zions Public Finance. Recorded October 25, 2023. 1 hour.  Stream Video.  Nate Mitchell Power Point.  Decision – Larson v. PG City.

Vested Rights – Kiel Berry, Kiel Berry PLLC.  November 2, 2023. 22 Minute Video  .Materials – Vested Rights’  Streaming Video.  Vested Rights Power Point

Water for Growth –  Streaming Video Fall Conference 2021 Session One of Two Sessions, Mark Stratford, Bart Forsyth, Zack Renstrom, Jon Parry, Shelby Eriksen.  Forsyth Powerpoint, Renstrom Powerpoint, Parry Powerpoint, Ericksen Powerpoint.  2021 Session Two Streaming Video  Jodi Hoffman, Shawn Guzman, Joanna Endter-Wada, Rob Patterson, Laura Vernon.

Wetlands – The US Supreme Court decided the case of Sackett v. EPA in May of 2023. This case narrowed the definition of wetlands that the agency can regulate, setting up a dramatic change in how the Clean Water Act is applied to Utah development. The Pacific Legal Foundation argued the case on behalf of the Idaho couple and is represented in this discussion by attorney Frank Garrison. Local wetlands attorney specialist in wetlands issues Brad Cahoon of Denton Durham Jones Pinegar gives a Utah perspective on the implications of the case.  Moderated by Wilf Sommerkorn. Recorded October 25, 2023. One Hour. Stream Video.  Brad Cahoon Presentation.  Read the Sackett Decision Here.  Photos of the Sackett Property

 

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