Overview
Temporary land use regulations and moratoriums are tools available to municipalities and counties when additional time is needed to evaluate, study, or respond to a significant land use issue before permanent regulations can be adopted.
In general terms, these tools allow a legislative body to temporarily pause or modify certain land use activities when following the normal legislative process may not provide sufficient time to address a specific concern. Examples may include situations involving rapidly changing development patterns, infrastructure capacity concerns, public health or safety considerations, or the need to evaluate potential amendments to land use regulations.
As temporary land use regulations temporarily affect the ability of property owners and applicants to proceed under existing regulations, Utah State Code establishes specific requirements and limitations regarding their use.
For municipalities, temporary land use regulations are governed by §10-20-504 of Utah State Code (as amended). Counties are governed by §17-79-504. While the statutory sections differ based on the type of local government, the requirements and limitations are substantially the same.
When considering adoption of a temporary land use regulation or moratorium, local officials should carefully evaluate:
- The specific issue requiring temporary regulation.
- Whether a temporary regulation is necessary and appropriate.
- The duration of the regulation.
- The potential impacts on property owners, development applications, and vested rights.
- The steps necessary to study the issue and adopt any permanent amendments.
It is important to remember that temporary land use regulations and moratoriums are not intended to serve as a shortcut to avoid difficult policy decisions or delay development indefinitely. Instead, they should be viewed as a planning and regulatory tool that provides the legislative body with the necessary time to gather information, evaluate alternatives, engage stakeholders, and determine whether permanent changes to land use regulations are appropriate.
When properly used, temporary land use regulations can provide communities with the flexibility needed to address emerging issues while still respecting the rights of property owners and maintaining a predictable 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.
