Overview
Does your local government have a legislative body such as a Town or City Council, Board of Commissioners, or County Commission? What about an appointed body like a Planning Commission? Or Staff members with assigned administrative duties?
If you answered yes (which most jurisdictions should have) understanding the distinction between legislative and administrative roles is critical. Knowing who does what, and more importantly, what type of decision is being made, can help your jurisdiction avoid costly legal pitfalls, improve efficiency, and provide better service to residents.
At first glance, the difference between legislative and administrative actions may seem subtle. In practice, however, the distinction is significant. Think of it this way: legislative and administrative decisions are to local government what diesel and gasoline are to a pickup truck. Both make the vehicle run, but putting the wrong fuel in the wrong engine can lead to serious-and expensive-consequences. Quasi-judicial decisions, in turn, can be thought of as the fuel pump at the gas station, precisely dispensing the correct type of fuel under established rules, as quasi-judicial bodies are not responsible for determining which types of fuel should exist, but rather instead that the right fuel type has been selected and applied correctly, consistently, and in accordance with the standards already set.
In Utah, distinguishing between legislative and administrative decisions is especially important. Misapplying the legal standard, failing to provide the appropriate level of public input, or misclassifying a decision can invalidate an action and expose a jurisdiction to lawsuits or liability. Taking the time to understand these differences is not just good governance, it is essential risk management. Like a pickup truck that requires the right fuel to run safely and efficiently, local government depends on each type of decision to perform its proper function. When those roles are confused, systems become unreliable, and the risk of breakdown, and liability increase significantly.
Content Contributors: Jones and DeMille Engineering, Inc, Hansen Planning Group, LLC / Rural Community Consultants
Special Note: This material was developed by civiclinQ for the Land Use Academy of Utah (LUAU). Funding for the development of this material was provided by through the Land Use Training Fund, which is administered by the Office of the Property Rights Ombudsman , utilizing a portion of the 1% surcharge on all building permits in the State of Utah.
The role of this organization in administering funding is primarily administrative and should not be viewed as legal advice. Always consult your legal representative when addressing land use activities.
Use the ‘Materials’ tab above to view related course materials, including printable pass-along card and PDF version of this online course.
