Overview
While it is true that certain land use regulations serve important purposes (i.e., protecting public health, safety, welfare, community character, and compatibility between different land uses) the cumulative effect of regulations can significantly impact the cost and feasibility of development.
Building design requirements are one example of regulations that may unintentionally increase construction costs. Requirements related to exterior materials, architectural features, building layouts, roof designs, or other aesthetic elements may add additional expenses that ultimately affect the cost of housing and other development projects.
As construction costs continue to rise, communities are increasingly faced with the challenge of balancing two important goals: maintaining appropriate development standards while also supporting housing affordability and availability. Regulations that help create attractive, safe, and functional communities must be carefully evaluated to ensure they are achieving their intended purpose without creating unnecessary barriers to development.
This balancing act is especially important in states such as ours, where population growth, limited housing supply, and increasing construction costs have contributed to ongoing concerns regarding housing affordability. As communities update zoning ordinances and development standards, careful consideration should be given to whether proposed regulations address a legitimate public purpose or whether they create additional costs without a corresponding public benefit.
To address these challenges, the Utah State Legislature enacted limitations on certain building design regulations through §10-20-618 (municipalities) and §17-79-614 (counties) of Utah State Code (as amended). These provisions restrict local governments from regulating certain building design elements in an effort to reduce unnecessary construction costs and promote greater housing availability.
However, these restrictions do not eliminate a community’s ability to establish all development standards. Local governments may continue to regulate items related to legitimate health, safety, and welfare concerns, as well as other standards specifically allowed by State law. The key is understanding the difference between a permissible development regulation and a prohibited design requirement.
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.
