Ordinances VS Resolutions

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Overview

Local government decisions affect nearly every aspect of daily life, from where people can build homes and businesses to how communities provide services, establish policies, and regulate public activities. Despite their importance, local government processes can sometimes be confusing, especially when it comes to understanding the difference between ordinances and resolutions.

Both ordinances and resolutions are formal actions taken by a municipality or county’s legislative body. Both generally require consideration and approval through a public meeting process and become part of the local government’s official records. However, the purpose and legal effect of each are different.

An ordinance is a local law adopted by a municipality or county. Ordinances establish requirements, restrictions, and standards that apply to the public and are used when a local government needs to regulate behavior or the use of property. Since ordinances function as laws, violations may result in enforcement actions, including fines or other penalties authorized by state law and local codes.

Common examples of topics addressed through ordinances include:

• Zoning and land use regulations.
• Subdivision requirements.
• Development standards.
• Business licensing requirements.
• Public safety and nuisance regulations.

A resolution, on the other hand, is a formal expression, decision, or action of the legislative body. Resolutions are often used to establish policies, provide direction, approve certain actions, express support or opposition on an issue, or formally recognize individuals, organizations, or events. While resolutions are important governmental actions, they generally do not create enforceable requirements or penalties for members of the public.

In simple terms:  Ordinances establish rules that people must follow.  Resolutions document decisions, policies, or actions taken by the governing body.

Choosing the correct tool is important. Using a resolution when an ordinance is required may result in a requirement that cannot be legally enforced, while using an ordinance when a resolution would be sufficient may create unnecessary procedural requirements.

Understanding the difference between ordinances and resolutions helps municipalities and counties take appropriate action, maintain transparency, and ensure their decisions have the intended legal effect.


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.

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