Overview
A land use authority is a person, board, commission, agency, or other body designated by a municipality or county to review and make decisions on land use applications and administer adopted land use regulations.
Simply put, land use authorities are responsible for applying a local government’s adopted land use regulations to specific applications, such as subdivisions, conditional uses, zoning approvals, and other development requests. Their role is to determine whether an application complies with the applicable standards established in the local codes and State law.
Every municipality and county has one (1) or more land use authorities. As different types of land use applications require different levels of review, local governments may designate different land use authorities for different responsibilities. Depending on the application type and the local government’s adopted ordinances, land use authorities may include planning commissions, municipal or county staff, boards or commissions, or the legislative body itself.
The specific roles and responsibilities of each land use authority are established through local ordinances. Well-organized land use codes or regulations clearly identify:
- Which person, board, commission, or body is responsible for reviewing each type of land use application;
- Whether the decision is administrative or legislative in nature; and
- Which appeal authority is responsible for reviewing challenges to those decisions.
The basic authority and responsibilities of land use authorities are established through the Municipal Land Use, Development, and Management Act (§10-20 of Utah State Code (as amended)) and the County Land Use, Development, and Management Act (§17-79 of Utah State Code (as amended)). Local ordinances then further provide the details for how land use applications are submitted, reviewed, approved, denied, and appealed.
Clearly identifying these roles in local ordinances helps create a predictable, transparent, and legally defensible land use process for applicants, staff, decision-makers, and the public.
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.
