Overview
During the 2023 General Session, the Utah State Legislature passed S.B. 174, which created new subdivision review requirements within Subdivisions, of the Municipal and County Land Use, Development, and Management Acts (§10-20/§17-79 of Utah State Code (as amended)).
The purpose of S.B. 174 was to streamline the subdivision approval process, particularly for residential developments (i.e., single family, two family, and townhome developments), by establishing clearer administrative review procedures and reducing unnecessary delays for applications that comply with adopted local regulations.
Under the new framework, certain subdivision applications must be reviewed by an administrative land use authority rather than the legislative body. An administrative land use authority is defined in §10-20-102 and §17-79-102 of Utah State Code (as amended) as an individual, board, or commission appointed or employed by a municipality or county that is responsible for reviewing and making administrative land use decisions. It’s important to note that an administrative land use authority does not include the municipality or county’s legislative body; or a member of the municipality or county’s legislative body.
Prior to the enactment of S.B. 174 many subdivision applications were reviewed by a planning commission and approved by a legislative body (i.e.., city council or county commission). S.B. 174 shifted certain subdivision approvals toward an administrative process with the intent to:
- Increase predictability for applicants;
- Reduce unnecessary delays;
- Ensure decisions are based on adopted regulations rather than discretionary policy preferences; and
- Improve housing supply by expediting compliant residential developments.
Despite beliefs at the time, S.B. 174 did not remove local authority over subdivisions, as the administrative land use authority is still required to apply the applicable adopted subdivision and zoning regulations.
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.
