Overview
Counties and municipalities are required by law to inform the public about certain meetings, hearings, actions, and decisions related to land use. Providing the required information to the public about these events is commonly referred to as public notice.
Public notice serves an important role in the land use process by promoting transparency, encouraging public participation, and helping ensure that property owners, residents, applicants, and other interested parties have an opportunity to be informed and participate before decisions are made that may affect their property or community.
In the context of land use, public notice requirements help balance two important goals:
- Providing meaningful opportunities for public involvement. Residents, neighboring property owners, and other stakeholders should have a reasonable opportunity to learn about proposed land use actions and provide input before decisions are made.
- Maintaining a fair and legally defensible decision-making process. Proper notice helps ensure that land use decisions are made through a transparent process that respects due process requirements and reduces the potential for claims that decisions were made without adequate public awareness or participation.
Utah’s Land Use Management and Development Act (LUDMA) establishes minimum public notice requirements that counties and municipalities must follow for certain land use applications and processes. These requirements are found in §17-79-2 (counties) and §10-20-2 (municipalities) of Utah State Code (as amended).
While state law establishes minimum notice requirements, local governments should also review their own adopted ordinances, policies, and procedures, as local requirements may establish additional notice standards or provide greater opportunities for public engagement.
Understanding when notice is required, what information must be provided, and how notice must be delivered is an essential part of administering a fair and consistent land use 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.
