Overview
In Utah, the requirement for due process can be found in Article I, Section 7 – Declaration of Rights in the Utah Constitution which states: “No person shall be deprived of life, liberty or property, without due process of law.”
Due process is also guaranteed under the United States Constitution. The Fifth Amendment provides that no person shall “be deprived of life, liberty, or property, without due process of law,” and the Fourteenth Amendment extends that protection to actions taken by state and local governments by stating that no state shall “deprive any person of life, liberty, or property, without due process of law.”
Together, these constitutional provisions ensure that government actions affecting protected interests must be conducted in a fair and lawful manner.
Due process is generally divided into two categories: procedural due process and substantive due process.
Procedural due process, sometimes referred to as constitutional due process, is grounded in the principle of fundamental fairness in government decision-making. It focuses on the procedures used when the government seeks to deprive a person of protected interests such as property or liberty. Common elements include adequate notice, a meaningful opportunity to be heard, an impartial decision-maker, and a decision based on evidence and an established record.
Procedural due process is especially important in quasi-judicial land use decisions, where a planning commission, board of adjustment, or governing body applies adopted standards to a specific application. Appeal authorities are expected to rely on the record, apply objective criteria contained in the land use code, and avoid basing decisions on unsupported public sentiment or arbitrary considerations. Failure to follow these procedural safeguards can expose a jurisdiction’s decision to legal challenge and potential reversal, even when the underlying policy objectives are reasonable.
Substantive due process, by contrast, addresses the substance of government action itself. It protects individuals from arbitrary or unreasonable governmental interference, even when proper procedures are followed. Under this doctrine, government regulations must serve a legitimate public purpose and not infringe upon fundamental rights in a way that is unjustified or overly intrusive.
Substantive due process also plays a significant role in shaping land use regulations themselves. Zoning ordinances, development standards, and permitting requirements must bear a rational relationship to legitimate public purposes such as health, safety, and general welfare. Regulations that are overly restrictive, inconsistently applied, or disconnected from adopted plans may be challenged as an unconstitutional infringement on property rights. As a result, local governments must ensure that both their land use regulations and their application processes are grounded in legitimate governmental interests and applied in a consistent, reasoned manner.
In the context of land use planning, due process is most directly implicated whenever a local government makes decisions that affect an individual’s property rights, such as rezoning, conditional use permits, subdivisions, variances, or enforcement actions. Property interests are constitutionally protected, which means applicants and affected parties must be afforded fair procedures before a decision is made. This generally includes adequate notice of hearings, a clear understanding of the proposed action, and a meaningful opportunity to participate in the process.
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.
