Lastly, let’s take a look at the changes to the administration of land use regulation that will now be required by the bills passed this legislative session.
A couple of years ago, a bill was passed that said that enforcement against short-term rentals could not use advertising on websites as evidence of violation. That was changed in a bill this year (HB256) that now allows such evidence as long as there is also other evidence substantiating the violation. It also stipulates that a business license can be required for all STRs, and that they pay transient room taxes.
While a jurisdiction can require the submittal of a landscaping plan for a building application, it cannot withhold a building permit or certificate of occupancy until the plan is submitted (HB368 – line 3437). There are also a number of provisions about when building permits and COOs can and cannot be withheld, when and how inspections of required public improvements can be conducted and how bond releases are to take place – there’s lots to this that will take some study to make sure you get it right.
There’s also a bunch of new rules and timelines for deeming an application complete, for resubmittal of plans, and so on that you need to go over carefully and make sure you’re getting those right too (HB368 – starting at about line 3550).
If your community gets a notice from UDOT that there is a “significant private airport” (defined in the bill) within or near your community, you are then required to send out a notice to all private property owners within 2,500 ft. of the runway of that airport of their proximity to the airport (HB44).
If there are billboards in your community that, because of state highway reconstruction, are needing to be moved, there are new rules to determine where those billboards can be relocated to (HB198).
There are more changes and updates to the FHIZ, HOPZ, and HTRZ programs, and how CRA funds can be used for housing, as things get more fine-tuned (SB23, SB26, SB250, SB262)
For communities that are required to do transit station area plans, there are changes to the reporting requirements (SB195).
A state agency, local municipality, special service district, or state institution of higher education may enter into an intergovernmental support agreement with a military installation or entity, including the National Guard, to provide support services to the military installation or entity in accordance with the agreement. The state may also acquire easements around military facilities to prohibit certain uses and developments within those easements that may impact those military facilities (HB122).
The annexation code has been recodified to be easier to use and more logical in its layout, eliminates conflicts and unnecessary provisions, and most significantly eliminates the separate process that was in the code for annexations in Salt Lake County. Otherwise, the annexation process stays pretty much as it was (but changes are being talked about!) (HB368).
A municipality or a county may not impose an inspection fee on a water conservancy district that hires a qualified inspector to conduct inspections on new infrastructure (HB550).
Changes to the rules for making incentive payments for retail uses within certain types of mixed use projects, and allows housing within ¼ mile to be considered (SB280).
And finally, this “interesting” bill, which sets up a process for someone to be certified by the state as someone who has received a credible threat and is at risk of serious bodily injury or death. The place where that certified person lives is defined as a “protected property,” and allows the owner to make modifications for the security of the property and buildings of pretty much any kind, and that the plans for those modifications can only be reviewed by the local entity for compliance with fire and building codes – land use regulations and other regulations do not apply and are not permitted to be enforced on such properties. Hmmm. (SB340).
Okay, that’s the main things in the 2025 legislation. There are some other bills of interest to planners that were passed that we’ll let you know about coming up, but this post and the previous two are probably the most critical and impactful to know about. Fun, eh? (oh, wait, that’s a Canadianism, and they don’t like us anymore, so…).