Overview
An appeal authority is defined in Utah State Code §10-20-102/§17-79-102 as “the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or variance.” While that definition is intentionally broad to allow local flexibility, the designation itself carries significant responsibility as an appeal authority is the last resort within local government for resolving disputes over how land use regulations are interpreted and applied.
In practice, appeal authorities operate in a quasi-judicial capacity. That means they are not making policy (i.e., legislative decisions) or administering established standards (i.e., administrative decisions) but instead are applying existing laws to specific facts (i.e., quasi-judicial) in a manner that must be impartial, consistent, and grounded in the evidentiary record. Acting as an appeal authority requires adherence to fundamental principles of due process, including providing notice, conducting fair hearings, avoiding ex parte communications, and issuing decisions that are supported by substantial evidence and clear findings.
This role becomes especially important because an appeal authority’s decision typically represents the final local determination before a matter may proceed to district court. As a result, the quality of the record, the clarity of the findings, and the discipline exercised in applying ordinances and standards are not just best practices but are critical risk management tools. A poorly reasoned or procedurally flawed decision increases the likelihood of reversal on appeal, which can expose a municipality or county to unnecessary legal challenges.
Although terminology varies, appeal authorities are commonly referred to in Utah and surrounding states as: “The Board of Appeals”; “The Board of Adjustments”; or “Hearing Officer”. Regardless of their title, their function remains the same: to provide an independent, objective review of prior land use decisions and to ensure that local ordinances are interpreted and applied fairly, consistently, and in accordance with governing laws.
Appeal authorities also play a central role in the review and approval of variances, which are among the most sensitive and frequently challenged land use decisions. Unlike typical land use applications, a variance is not about whether a proposal complies with the ordinance, rather it is a request to deviate from what the ordinance requires. It is because of this that appeal authorities must apply very specific criteria to ensure that any relief granted is narrowly tailored and justified by the unique circumstances tied to the property itself, not the preferences or convenience of the applicant. This requires a disciplined, criteria-based analysis rather than a subjective balance of competing interests.
In this context, an appeal authority’s quasi-judicial function is especially pronounced. Each required finding (i.e., demonstrating unreasonable hardship, that hardship is not self-imposed, and will not substantially affect the general plan or public welfare) must be supported by substantial evidence and documented for the record. Equally important, an appeal authority must avoid using variances to fix perceived shortcomings in ordinances or accommodate development which simply does not fit within existing standards. Variances are intended to be exceptional, not routine. When properly administered, the variance process protects both private property rights and the integrity of a land use code by ensuring flexibility is exercised carefully, consistently, and only when legally warranted.
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.
