Lesson 6 – Public Notice For Other Land Use Actions

General plans and land use regulations are big issues for any county or municipality, but not the only ones that require some form of public notice. Counties and municipalities themselves may enact notice requirements that go beyond those specified by state statute (and they often do), but the state has also mandated notice for the following issues:

Land Use Applications/Applicants Generally

If a person applies for a land use permit that requires a public hearing and meeting, the county  municipality is required to notify that person of the date, time and place of the public hearing(s) and meeting(s) where the application will be discussed. 

The county or municipality must also provide the applicant with a copy of each staff report dealing with the application at least three days before the public meeting or hearing. Once the county or municipality comes to a decision on the application, it must inform the applicant. (§10-9a-202 / §17-27a-202) In the event a county or municipality forgets to notify the applicant of the date, time, and place or fails to provide the staff report, the applicant can waive the requirements so that the meeting or hearing proceeds as if they had been properly informed. (§10-9a-202 / §17-27a-202)

Major Transportation Corridors (UDOT + Public Transit Requests)

At the Utah Department of Transportation’s request, counties and municipalities are required to provide timely electronic notice to the department of all land use applications the county or municipality receives that may impact the development of high-priority corridors. (§10-9a-206 / §17-27a-206)

Similarly, large public transit districts (those that provide transit to an area with more than 65% of the population of the state or two or more counties) may also require electronic notice of land use applications that may impact the development of major transit investment corridors. (§10-9a-206 / §17-27a-206)

Subdivision Amendments

Any time an amendment to a subdivision is proposed, a notice of the date, time, and place of at least one public meeting on the matter must be provided. This notice must be at least 10 days (calendar days) before the meeting and must be either: (a) mailed to the owner of each parcel within parameters of the affected property (specified by local ordinances); or (b) posted on the affected property via a sign that passers-by can easily see. (§10-9a-207 / §17-27a-207)

Petitions To Vacate, Alter, Or Amend A Public Street Or Municipal Utility Easement

If a petition is made to vacate some or all of a public street or municipal utility easement, the county or municipal legislative body must hold a public hearing. (§10-9a-208 / §17-27a-208) Like most public hearings, these require public notice at least 10 days (calendar days) in advance. 

Notice must include the date, place, and time of the hearing and must be published on the Utah Public Notice Website and on the municipality’s website (where notice must remain until the hearing is concluded). The notice must also be mailed to the following parties (§10-9a-208): 

• The record owner of each parcel that is accessed by the public street or municipal utility easement.
• Every property owner or entity that is directly affected by the decision.

Finally, the notice must be posted on or near the public street or municipal utility easement in question where it is easily visible to passers-by. 

Note: Vacations, alterations, or amendments of streets as part of a subdivision decision also require the same level of notice as described in this section. (§10-9a-207 / §17-27a-207)

Notice To County When A Private Institution Of Higher Education Is Constructing Student Housing

§17-27a-210 of Utah State Code mandates that written notice of the intended construction (before any funds are committed to the construction) be provided to the county if any of the proposed student housing buildings are within three hundred feet (300’) of  privately owned residential property.

Each notice is to be provided to the legislative body, and if applicable the mayor of the county in whose unincorporated area or the mountainous planning district area the privately owned residential property is located, or the municipality in whose boundaries the privately owned residential property is located.

At the request of the county or the municipality that is entitled to notice, the institution and the legislative body of the affected county or municipality shall jointly hold a public hearing to provide information to the public and receive input from the public regarding the proposed construction.

Amending Adopted Specifications To Public Improvements In A Subdivision Or Development

When an amendment is proposed to the specifications for public improvements, whether they apply to a subdivision or development, the county or municipality must hold a public hearing. Notice for this hearing must be mailed to each person who has a pending land use application for which the land use authority has not issued a land use decision and to anyone else who submits a written request for one. The notice must be sent 30 days or more before the hearing. (§10-9a-212 / §17-27a-212)

Anyone who receives the notice must be permitted to provide public comment in writing before the hearing or in person during the hearing. (§10-9a-212 / §17-27a-212)

Modifying Sign Regulations

When a party proposes a land use amendment to allow an illuminated sign in a commercial or planned-unit development, the county or municipality must provide written notice to the following parties (§10-9a-213 / §17-27a-213):

• Property owners within a 500-foot radius of the proposed sign site;
• Any other municipality or county within a 500-foot radius of the proposed sign site; and
• Any outdoor advertising permit holder in the municipality.