H.B. 360 Information Sheet

The following will be passed out to Senators when my bill comes up for debate either later tonight or tomorrow.

2 Substitute H.B. 360: Land Use Amendments

“We believe that no government can exist in peace, except such laws are framed, and held inviolate as will secure to each individual the free exercise of conscience, the right and control of property, and the protection of life.”

·      The right to property is a fundamental right. What to do with that property is essential to that right.

·      There needs to be a balance between the public good and individual liberties.

·      Municipalities and counties are political subdivisions of the state government and are thus subject to laws enacted by our body.

·      We require municipalities and counties to follow exact requirements in building code, yet give them freedom to do what they want in land use.

·      We give municipalities and counties the right to enact stricter requirements than outlined in Utah Code 10-9a and 17-27a. This implies that they:

1.    Be aware of Utah Code regarding land use rules

2.    Make a conscious decision to enact stricter requirements or higher standards than state law dictates

3.    Inform the public of this change

·      H.B. 360 provides one simple thing: TRANSPERANCY

·      When municipalities and counties adopt or modify a land use ordinance, they are already required to give notice by Utah Code 10-9a-205 and 17-27a-205.

·      H.B. 360 has no fiscal impact. It only states that when municipalities and counties have to give notice of land use modifications or adopting new ordinances that they include in that notice whether the ordinance is stricter than state requirements and reference where it is found in Utah Code.

·      This will:

1.    Ensure municipalities and counties are aware of the state’s land use rules

2.    Allow more transparency at the municipality and county levels to those who are directly affected by enactment of stricter land use ordinances