17-80 - Counties and Housing Supply
Title 17 > 17-80
Sections (14)
General Provisions
17-80-101 - Definitions.
As used in this part:
(1) “Affordable housing” means housing offered for sale at 80% or less of the median county home price for housing of that type.
(2) “Agency” means the same as that term is defined in Section 17C-1-102.
(3) “Base taxable value” means a property’s taxable value as shown upon the assessment roll last equalized during the base year.
(4) “Base year” means, for a proposed home ownership promotion zone area, a year beginning the first day of the calendar quarter determined by the last equalized tax roll before the adoption of the home ownership promotion zone.
(5) “Division” means the Housing and Community Development Division within the Department of Workforce Services.
(6) “Home ownership promotion zone” means a home ownership promotion zone created in accordance with this part.
(7) “Implementation plan” means the implementation plan adopted as part of the moderate income housing element of a specified county’s general plan.
(8) “Initial report” means the one-time moderate income housing report described in Subsection 17-80-202(1).
(9) “Internal accessory dwelling unit” means an accessory dwelling unit created:within a primary dwelling;within the footprint of the detached primary dwelling at the time the internal accessory dwelling unit is created; andfor the purpose of offering a long-term rental of 30 consecutive days or longer.
(10) “Moderate income housing strategy” means a strategy described in Section 17-80-201.
(11) “Participant” means the same as that term is defined in Section 17C-1-102.
(12) “Participation agreement” means the same as that term is defined in Section 17C-1-102.
(13) “Primary dwelling” means a single-family dwelling that:is detached; andis occupied as the primary residence of the owner of record.”Primary dwelling” includes a garage if the garage:is a habitable space; andis connected to the primary dwelling by a common wall.
(14) “Project improvements” means the same as that term is defined in Section 11-36a-102.
(15) “Report” means an initial report or a subsequent report described in Section 17-80-202.
(16) “Specified county” means a county of the first, second, or third class, which has a population of more than 5,000 in the county’s unincorporated areas.
(17) “Subsequent progress report” means the annual moderate income housing report described in Section 17-80-202.
(18) “System improvements” means the same as that term is defined in Section 11-36a-102.
(19) “Tax commission” means the State Tax Commission created in Section 59-1-201.
(20) “Tax increment” means the difference between:the amount of property tax revenue generated each tax year by a taxing entity from the area within a home ownership promotion zone, using the current assessed value and each taxing entity’s current certified tax rate as defined in Section 59-2-924; andthe amount of property tax revenue that would be generated from that same area using the base taxable value and each taxing entity’s current certified tax rate as defined in Section 59-2-924.”Tax increment” does not include property revenue from:a multicounty assessing and collecting levy described in Subsection 59-2-1602(2); ora county additional property tax described in Subsection 59-2-1602(4).
(21) “Taxing entity” means the same as that term is defined in Section 17C-1-102.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-80-102 - Applicability.
(1) The provisions of Chapter 79, County Land Use, Development, and Management Act, apply to this chapter.
(2) The definitions in Section 17-80-101 are in addition to the definitions in Section 17-79-102, except that if there is any conflict between a definition in this chapter and a definition in Chapter 79, County Land Use, Development, and Management Act, the definition in this chapter prevails in regard to the provisions of this chapter.
Enacted by Chapter 14, 2025 Special Session 1
County Plans for Housing
17-80-201 - Moderate income housing plan required.
(1) A moderate income housing element of a general plan shall include a moderate income housing element that meets the requirements of this section.
(2) For a specified county, as defined in Section 17-80-101, a moderate income housing element shall:provide a realistic opportunity to meet the need for additional moderate income housing within the next five years;select three or more moderate income housing strategies described in Subsections (3)(a)(ii)(A) through (V), or at least one moderate income housing strategy described in Subsections (3)(a)(ii)(W) through (BB), for implementation; andinclude an implementation plan as provided in Subsection (4).
(3) In drafting the moderate income housing element, the county planning commission shall:consider the Legislature’s determination that counties should facilitate a reasonable opportunity for a variety of housing, including moderate income housing:to meet the needs of people of various income levels living, working, or desiring to live or work in the community; andto allow people with various incomes to benefit from and fully participate in all aspects of neighborhood and community life; andinclude an analysis of how the county will provide a realistic opportunity for the development of moderate income housing within the planning horizon, including a recommendation to implement three or more of the following moderate income housing strategies:rezone for densities necessary to facilitate the production of moderate income housing;demonstrate investment in the rehabilitation or expansion of infrastructure that facilitates the construction of moderate income housing;demonstrate investment in the rehabilitation of existing uninhabitable housing stock into moderate income housing;identify and utilize county general fund subsidies or other sources of revenue to waive construction related fees that are otherwise generally imposed by the county for the construction or rehabilitation of moderate income housing;create or allow for, and reduce regulations related to, internal or detached accessory dwelling units in residential zones;zone or rezone for higher density or moderate income residential development in commercial or mixed-use zones, commercial centers, or employment centers;amend land use regulations to allow for higher density or new moderate income residential development in commercial or mixed-use zones near major transit investment corridors;amend land use regulations to eliminate or reduce parking requirements for residential development where a resident is less likely to rely on the resident’s own vehicle, such as residential development near major transit investment corridors or senior living facilities;amend land use regulations to allow for single room occupancy developments;implement zoning incentives for moderate income units in new developments;preserve existing and new moderate income housing and subsidized units by utilizing a landlord incentive program, providing for deed restricted units through a grant program, or establishing a housing loss mitigation fund;reduce, waive, or eliminate impact fees related to moderate income housing;demonstrate creation of, or participation in, a community land trust program for moderate income housing;implement a mortgage assistance program for employees of the county, an employer that provides contracted services for the county, or any other public employer that operates within the county;apply for or partner with an entity that applies for state or federal funds or tax incentives to promote the construction of moderate income housing, an entity that applies for programs offered by the Utah Housing Corporation within that agency’s funding capacity, an entity that applies for affordable housing programs administered by the Department of Workforce Services, an entity that applies for services provided by a public housing authority to preserve and create moderate income housing, or any other entity that applies for programs or services that promote the construction or preservation of moderate income housing;demonstrate utilization of a moderate income housing set aside from a community reinvestment agency, redevelopment agency, or community development and renewal agency to create or subsidize moderate income housing;eliminate impact fees for any accessory dwelling unit that is not an internal accessory dwelling unit as defined in Section 17-79-611;create a program to transfer development rights for moderate income housing;ratify a joint acquisition agreement with another local political subdivision for the purpose of combining resources to acquire property for moderate income housing;develop a moderate income housing project for residents who are disabled or 55 years old or older;create or allow for, and reduce regulations related to, multifamily residential dwellings compatible in scale and form with detached single-family residential dwellings and located in walkable communities within residential or mixed-use zones;demonstrate implementation of any other program or strategy to address the housing needs of residents of the county who earn less than 80% of the area median income, including the dedication of a local funding source to moderate income housing or the adoption of a land use ordinance that requires 10% or more of new residential development in a residential zone be dedicated to moderate income housing;create a housing and transit reinvestment zone in accordance with Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act;create a home ownership investment zone in accordance with Part 5, Home Ownership Promotion Zone;create a first home investment zone in accordance with Title 63N, Chapter 3, Part 16, First Home Investment Zone Act;approve a project that receives funding from, or qualifies to receive funding from, the Utah Homes Investment Program created in Title 51, Chapter 12, Utah Homes Investment Program;adopt or approve a qualifying affordable home ownership density bonus for single-family residential units, as described in Section 17-80-401; andadopt or approve an affordable home ownership density bonus for multi-family residential units, as described in Section 17-80-402.The planning commission shall identify each moderate income housing strategy recommended to the legislative body for implementation by restating the exact language used to describe the strategy in Subsection (3)(a)(ii).
(4) In drafting the implementation plan portion of the moderate income housing element as described in Subsection (2)(c), the planning commission shall recommend to the legislative body the establishment of a five-year timeline for implementing each of the moderate income housing strategies selected by the county for implementation.The timeline described in Subsection (4)(a) shall:identify specific measures and benchmarks for implementing each moderate income housing strategy selected by the county; andprovide flexibility for the county to make adjustments as needed.
Enacted by Chapter 14, 2025 Special Session 1
17-80-202 - Moderate income housing report — Contents — Prioritization for funds or projects — Ineligibility for funds after noncompliance — Civil actions.
(1) The legislative body of a specified county shall annually submit an initial report to the division.This Subsection (1)(b) applies to a county that is not a specified county as of January 1, 2023.As of January 1, if a county changes from one class to another or grows in population to qualify as a specified county, the county shall submit an initial plan to the division on or before August 1 of the first calendar year beginning on January 1 in which the county qualifies as a specified county.The initial report shall:identify each moderate income housing strategy selected by the specified county for continued, ongoing, or one-time implementation, using the exact language used to describe the moderate income housing strategy; andinclude an implementation plan.
(2) After the division approves a specified county’s initial report under this section, the specified county shall, as an administrative act, annually submit to the division a subsequent progress report on or before August 1 of each year after the year in which the specified county is required to submit the initial report.The subsequent progress report shall include:subject to Subsection (2)(c), a description of each action, whether one-time or ongoing, taken by the specified county during the previous 12-month period to implement the moderate income housing strategies identified in the initial report for implementation;a description of each land use regulation or land use decision made by the specified county during the previous 12-month period to implement the moderate income housing strategies, including an explanation of how the land use regulation or land use decision supports the specified county’s efforts to implement the moderate income housing strategies;a description of any barriers encountered by the specified county in the previous 12-month period in implementing the moderate income housing strategies;the number of residential dwelling units that have been entitled that have not received a building permit as of the submission date of the progress report;shapefiles, or website links if shapefiles are not available, to current maps and tables related to zoning;information regarding the number of internal and external or detached accessory dwelling units located within the specified county for which the specified county:issued a building permit to construct; orissued a business license or comparable license or permit to rent;a description of how the market has responded to the selected moderate income housing strategies, including the number of entitled moderate income housing units or other relevant data; andany recommendations on how the state can support the specified county in implementing the moderate income housing strategies.For purposes of describing actions taken by a specified county under Subsection (2)(b)(i), the specified county may include an ongoing action taken by the specified county before the 12-month reporting period applicable to the subsequent progress report if the specified county:has already adopted an ordinance, approved a land use application, made an investment, or approved an agreement or financing that substantially promotes the implementation of a moderate income housing strategy identified in the initial report; anddemonstrates in the subsequent progress report that the action taken under Subsection (2)(b)(i) is relevant to making meaningful progress towards the specified county’s implementation plan.A specified county’s report shall be in a form:approved by the division; andmade available by the division on or before May 1 of the year in which the report is required.
(3) Within 90 days after the day on which the division receives a specified county’s report, the division shall:post the report on the division’s website;send a copy of the report to the Department of Transportation, the Governor’s Office of Planning and Budget, the association of governments in which the specified county is located, and, if the unincorporated area of the specified county is located within the boundaries of a metropolitan planning organization, the appropriate metropolitan planning organization; andsubject to Subsection (4), review the report to determine compliance with this section.
(4) An initial report complies with this section if the report:includes the information required under Subsection (1)(c);demonstrates to the division that the specified county made plans to implement three or more moderate income housing strategies described in Subsections 17-80-201(3)(a)(ii)(A) through (V) or at least one moderate income housing strategy described in Subsections 17-80-201(3)(a)(ii)(W) through (BB); andis in a form approved by the division.A subsequent progress report complies with this section if the report:demonstrates to the division that the specified county made plans to implement or is implementing three or more moderate income housing strategies described in Subsections 17-80-201(3)(a)(ii)(A) though (V) or at least one moderate income housing strategy described in Subsections 17-80-201(3)(a)(ii)(W) through (BB);is in a form approved by the division; andprovides sufficient information for the division to:assess the specified county’s progress in implementing the moderate income housing strategies;monitor compliance with the specified county’s implementation plan;identify a clear correlation between the specified county’s land use decisions and efforts to implement the moderate income housing strategies;identify how the market has responded to the specified county’s selected moderate income housing strategies; andidentify any barriers encountered by the specified county in implementing the selected moderate income housing strategies.If a specified county initial report or subsequent progress report demonstrates the county plans to implement or is implementing at least one moderate income housing strategy described in Subsections 17-80-201(3)(a)(ii)(W) through (BB), the division shall also consider the specified county compliant with the reporting requirement described in this section for:the year in which the specified county submits the report; andtwo subsequent reporting years.
(5) A specified county qualifies for priority consideration under this Subsection (5) if the specified county’s report:complies with this section; anddemonstrates to the division that the specified county made plans to implement five or more moderate income housing strategies.The Transportation Commission may, in accordance with Subsection 72-1-304(3)(c), give priority consideration to transportation projects located within the unincorporated areas of a specified county described in Subsection (5)(a) until the Department of Transportation receives notice from the division under Subsection (5)(e).Upon determining that a specified county qualifies for priority consideration under this Subsection (5), the division shall send a notice of prioritization to the legislative body of the specified county and the Department of Transportation.The notice described in Subsection (5)(c) shall:name the specified county that qualifies for priority consideration;describe the funds or projects for which the specified county qualifies to receive priority consideration; andstate the basis for the division’s determination that the specified county qualifies for priority consideration.The division shall notify the legislative body of a specified county and the Department of Transportation in writing if the division determines that the specified county no longer qualifies for priority consideration under this Subsection (5).
(6) If the division, after reviewing a specified county’s report, determines that the report does not comply with this section, the division shall send a notice of noncompliance to the legislative body of the specified county.A specified county that receives a notice of noncompliance may:cure each deficiency in the report within 90 days after the day on which the notice of noncompliance is sent; orrequest an appeal of the division’s determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent.The notice described in Subsection (6)(a) shall:describe each deficiency in the report and the actions needed to cure each deficiency;state that the specified county has an opportunity to:submit to the division a corrected report that cures each deficiency in the report within 90 days after the day on which the notice of noncompliance is sent; orsubmit to the division a request for an appeal of the division’s determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent; andstate that failure to take action under Subsection (6)(c)(ii) will result in the specified county’s ineligibility for funds and fees owed under Subsection (8).For purposes of curing the deficiencies in a report under this Subsection (6), if the action needed to cure the deficiency as described by the division requires the specified county to make a legislative change, the specified county may cure the deficiency by making that legislative change within the 90-day cure period.If a specified county submits to the division a corrected report in accordance with Subsection (6)(b)(i), and the division determines that the corrected report does not comply with this section, the division shall send a second notice of noncompliance to the legislative body of the specified county.A specified county that receives a second notice of noncompliance may request an appeal of the division’s determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent.The notice described in Subsection (6)(e)(i) shall:state that the specified county has an opportunity to submit to the division a request for an appeal of the division’s determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent; andstate that failure to take action under Subsection (6)(e)(iii)(A) will result in the specified county’s ineligibility for funds under Subsection (8).
(7) A specified county that receives a notice of noncompliance under Subsection (6)(a) or (6)(e)(i) may request an appeal of the division’s determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent.Within 90 days after the day on which the division receives a request for an appeal, an appeal board consisting of the following three members shall review and issue a written decision on the appeal:one individual appointed by the Utah Association of Counties;one individual appointed by the Utah Homebuilders Association; andone individual appointed by the presiding member of the association of governments, established in accordance with an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which the specified county is a member.The written decision of the appeal board shall either uphold or reverse the division’s determination of noncompliance.The appeal board’s written decision on the appeal is final.
(8) A specified county is ineligible for funds and owes a fee under this Subsection (8) if:the specified county fails to submit a report to the division;after submitting a report to the division, the division determines that the report does not comply with this section and the specified county fails to:cure each deficiency in the report within 90 days after the day on which the notice of noncompliance is sent; orrequest an appeal of the division’s determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent;after submitting to the division a corrected report to cure the deficiencies in a previously submitted report, the division determines that the corrected report does not comply with this section and the specified county fails to request an appeal of the division’s determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent; orafter submitting a request for an appeal under Subsection (7), the appeal board issues a written decision upholding the division’s determination of noncompliance.The following apply to a specified county described in Subsection (8)(a) until the division provides notice under Subsection (8)(e):the executive director of the Department of Transportation may not program funds from the Transportation Investment Fund of 2005, including the Transit Transportation Investment Fund, to projects located within the unincorporated areas of the specified county in accordance with Subsection 72-2-124(6);beginning with the report submitted in 2024, the specified county shall pay a fee to the Olene Walker Housing Loan Fund in the amount of 500 per day that the specified county, for a consecutive year:fails to submit the report to the division in accordance with this section, beginning the day after the day on which the report was due; orfails to cure the deficiencies in the report, beginning the day after the day by which the cure was required to occur as described in the notice of noncompliance under Subsection (6).Upon determining that a specified county is ineligible for funds under this Subsection (8), and is required to pay a fee under Subsection (8)(b), if applicable, the division shall send a notice of ineligibility to the legislative body of the specified county, the Department of Transportation, the State Tax Commission, and the Governor’s Office of Planning and Budget.The notice described in Subsection (8)(c) shall:name the specified county that is ineligible for funds;describe the funds for which the specified county is ineligible to receive;describe the fee the specified county is required to pay under Subsection (8)(b), if applicable; andstate the basis for the division’s determination that the specified county is ineligible for funds.The division shall notify the legislative body of a specified county and the Department of Transportation in writing if the division determines that the provisions of this Subsection (8) no longer apply to the specified county.The division may not determine that a specified county that is required to pay a fee under Subsection (8)(b) is in compliance with the reporting requirements of this section until the specified county pays all outstanding fees required under Subsection (8)(b) to the Olene Walker Housing Loan Fund, created under Title 35A, Chapter 8, Part 5, Olene Walker Housing Loan Fund.
(9) In a civil action seeking enforcement or claiming a violation of this section or of Subsection 17-79-404(5)(c), a plaintiff may not recover damages but may be awarded only injunctive or other equitable relief.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
Land Use Regulations Unique to Residential Zones and Residential Units
17-80-301 - Moderate income housing.
(1) A county may only require the development of a certain number of moderate income housing units as a condition of approval of a land use application if:the county and the applicant enter into a written agreement regarding the number of moderate income housing units;the county provides incentives for an applicant who agrees to include moderate income housing units in a development; orthe county offers or approves, and an applicant accepts, an incentive described in Section 17-80-401 or 17-80-402.
(2) If an applicant does not agree to participate in the development of moderate income housing units under Subsection (1)(a) or (b), a county may not take into consideration the applicant’s decision in the county’s determination of whether to approve or deny a land use application.
(3) Notwithstanding Subsections (1) and (2), a county of the third class, which has a ski resort located within the unincorporated area of the county, may require the development of a certain number of moderate income housing units as a condition of approval of a land use application if the requirement is in accordance with an ordinance enacted by the county before January 1, 2022.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-80-302 - Manufactured homes.
(1) For purposes of this section, a manufactured home means the same as that term is defined in Section 15A-1-302, except that the manufactured home shall be attached to a permanent foundation in accordance with plans providing for vertical loads, uplift, and lateral forces and frost protection in compliance with the applicable building code. All appendages, including carports, garages, storage buildings, additions, or alterations shall be built in compliance with the applicable building code.
(2) A manufactured home may not be excluded from any land use zone or area in which a single-family residence would be permitted, provided the manufactured home complies with all local land use ordinances, building codes, and any restrictive covenants, applicable to a single-family residence within that zone or area.
(3) A county may not:adopt or enforce an ordinance or regulation that treats a proposed development that includes manufactured homes differently than one that does not include manufactured homes; orreject a development plan based on the fact that the development is expected to contain manufactured homes.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-80-303 - Internal accessory dwelling units.
(1) In any area zoned primarily for residential use:the use of an internal accessory dwelling unit is a permitted use;except as provided in Subsections (2) and (3), a county may not establish any restrictions or requirements for the construction or use of one internal accessory dwelling unit within a primary dwelling, including a restriction or requirement governing:the size of the internal accessory dwelling unit in relation to the primary dwelling;total lot size;street frontage; orinternal connectivity; anda county’s regulation of architectural elements for internal accessory dwelling units shall be consistent with the regulation of single-family units, including single-family units located in historic districts.
(2) An internal accessory dwelling unit shall comply with all applicable building, health, and fire codes.
(3) A county may:prohibit the installation of a separate utility meter for an internal accessory dwelling unit;require that an internal accessory dwelling unit be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling;require a primary dwelling:regardless of whether the primary dwelling is existing or new construction, to include one additional on-site parking space for an internal accessory dwelling unit, in addition to the parking spaces required under the county’s land use ordinance, except that if the county’s land use ordinance requires four off-street parking spaces, the county may not require the additional space contemplated under this Subsection (3)(c)(i); andto replace any parking spaces contained within a garage or carport if an internal accessory dwelling unit is created within the garage or carport and is habitable space;prohibit the creation of an internal accessory dwelling unit within a mobile home as defined in Section 57-16-3;require the owner of a primary dwelling to obtain a permit or license for renting an internal accessory dwelling unit;prohibit the creation of an internal accessory dwelling unit within a zoning district covering an area that is equivalent to 25% or less of the total unincorporated area in the county that is zoned primarily for residential use, except that the county may not prohibit newly constructed internal accessory dwelling units that:have a final plat approval dated on or after October 1, 2021; andcomply with applicable land use regulations;prohibit the creation of an internal accessory dwelling unit if the primary dwelling is served by a failing septic tank;prohibit the creation of an internal accessory dwelling unit if the lot containing the primary dwelling is 6,000 square feet or less in size;prohibit the rental or offering the rental of an internal accessory dwelling unit for a period of less than 30 consecutive days;prohibit the rental of an internal accessory dwelling unit if the internal accessory dwelling unit is located in a dwelling that is not occupied as the owner’s primary residence;hold a lien against a property that contains an internal accessory dwelling unit in accordance with Subsection (4); andrecord a notice for an internal accessory dwelling unit in accordance with Subsection (5).
(4) In addition to any other legal or equitable remedies available to a county, a county may hold a lien against a property that contains an internal accessory dwelling unit if:the owner of the property violates any of the provisions of this section or any ordinance adopted under Subsection (3);the county provides a written notice of violation in accordance with Subsection (4)(b);the county holds a hearing and determines that the violation has occurred in accordance with Subsection (4)(d), if the owner files a written objection in accordance with Subsection (4)(b)(iv);the owner fails to cure the violation within the time period prescribed in the written notice of violation under Subsection (4)(b);the county provides a written notice of lien in accordance with Subsection (4)(c); andthe county records a copy of the written notice of lien described in Subsection (4)(a)(v) with the county recorder of the county in which the property is located.The written notice of violation shall:describe the specific violation;provide the owner of the internal accessory dwelling unit a reasonable opportunity to cure the violation that is:no less than 14 days after the day on which the county sends the written notice of violation, if the violation results from the owner renting or offering to rent the internal accessory dwelling unit for a period of less than 30 consecutive days; orno less than 30 days after the day on which the county sends the written notice of violation, for any other violation;state that if the owner of the property fails to cure the violation within the time period described in Subsection (4)(b)(ii), the county may hold a lien against the property in an amount of up to 100 for each day of violation after the day on which the opportunity to cure the violation expires;be mailed to:the property’s owner of record; andany other individual designated to receive notice in the owner’s license or permit records; andbe posted on the property.If an owner of property files a written objection in accordance with Subsection (4)(b)(iv), the county shall:hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act, to conduct a review and determine whether the specific violation described in the written notice of violation under Subsection (4)(b) has occurred; andnotify the owner in writing of the date, time, and location of the hearing described in Subsection (4)(d)(i)(A) no less than 14 days before the day on which the hearing is held.If an owner of property files a written objection under Subsection (4)(b)(iv), a county may not record a lien under this Subsection (4) until the county holds a hearing and determines that the specific violation has occurred.If the county determines at the hearing that the specific violation has occurred, the county may impose a lien in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires, regardless of whether the hearing is held after the day on which the opportunity to cure the violation has expired.If an owner cures a violation within the time period prescribed in the written notice of violation under Subsection (4)(b), the county may not hold a lien against the property, or impose any penalty or fee on the owner, in relation to the specific violation described in the written notice of violation under Subsection (4)(b).
(5) A county that issues, on or after October 1, 2021, a permit or license to an owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to an owner of a primary dwelling to create an internal accessory dwelling unit, may record a notice in the office of the recorder of the county in which the primary dwelling is located.The notice described in Subsection (5)(a) shall include:a description of the primary dwelling;a statement that the primary dwelling contains an internal accessory dwelling unit; anda statement that the internal accessory dwelling unit may only be used in accordance with the county’s land use regulations.The county shall, upon recording the notice described in Subsection (5)(a), deliver a copy of the notice to the owner of the internal accessory dwelling unit.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
Optional Tools for Counties to Promote Housing Supply
17-80-401 - Affordable home ownership density bonus for single-family residential units.
(1) As used in this section:“Affordable housing” means the same as that term is defined in Section 10-21-401.”Owner-occupier” means the same as that term is defined in Section 10-21-401.”Qualifying affordable home ownership single-family density bonus” means:for an area with an underlying zoning density of less than six residential units per acre, county approval of a density at least six residential units per acre; orfor an area with an underlying zoning density of six residential units per acre or more, county approval of a density at least 0.5 residential units per acre greater than the underlying zoning density for the area.
(2) If a county approves a qualifying affordable home ownership single-family density bonus, either through a zoning ordinance or a development agreement, the county may adopt requirements for the qualifying affordable home ownership single-family density bonus area to ensure:at least 60% of the total single-family residential units be deed-restricted to owner-occupancy for at least five years;at least 25% of the total single-family residential units qualify as affordable housing;at least 25% of the single-family residential units per acre to be no larger than 1,600 square feet; orthe applicant creates a preferential qualifying buyer program in which a single-family residential unit is initially offered for sale, for up to 30 days, to a category of preferred qualifying buyers established by the county, in accordance with provisions of the Fair Housing Act, 42 U.S.C. Sec. 3601.
(3) A county may offer additional incentives in a qualifying affordable home ownership single-family density bonus area approved for single-family residential units to promote owner-occupied, affordable housing.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-80-402 - Affordable home ownership density bonus for multi-family residential units.
(1) As used in this section:“Affordable housing” means the same as that term is defined in Section 10-21-401.”Owner-occupier” means the same as that term is defined in Section 10-21-401.”Qualifying affordable home ownership multi-family density bonus” means county approval of a density of at least 20 residential units per acre.
(2) If a county approves a qualifying affordable home ownership multi-family density bonus, either through a zoning ordinance or a development agreement, the county may adopt requirements for the qualifying affordable home ownership multi-family density bonus area to ensure:at least 20% more residential units per acre than are otherwise allowed in the area;at least 60% of the total units in the multi-family residential building be deed-restricted to owner-occupancy for at least five years;at least 25% of the total units in the multi-family residential building qualify as affordable housing;at least 25% of the total units in a multi-family residential building to be no larger than 1,600 square feet; orthe applicant creates a preferential qualifying buyer program in which a unit in a multi-family residential building is initially offered for sale, for up to 30 days, to a category of preferred qualifying buyers established by the county, in accordance with provisions of the Fair Housing Act, 42 U.S.C. Sec. 3601.
(3) A county may offer additional incentives in a qualifying affordable home ownership multi-family density bonus area for multi-family residential units to promote owner-occupied, affordable housing.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
Home Ownership Promotion Zone
17-80-501 - County designation of a home ownership promotion zone.
(1) Subject to Sections 17-80-502 and 17-80-503, a county may create a home ownership promotion zone as described in this section.
(2) A home ownership promotion zone created under this section:is an area of 10 contiguous unincorporated acres or less located entirely within the boundaries of the county, zoned for fewer than six housing units per acre before the creation of the home ownership promotion zone;shall be re-zoned for at least six housing units per acre; andmay not be encumbered by any residential building permits as of the day on which the home ownership promotion zone is created.
(3) The county shall designate the home ownership promotion zone by resolution of the legislative body of the county following:the recommendation of the county planning commission; andthe notification requirements described in Section 17-80-503.The resolution described in Subsection (3)(a) shall describe how the home ownership promotion zone created in accordance with this section meets the objectives and requirements of Section 17-80-502.The home ownership promotion zone is created on the effective date of the resolution described in Subsection (3)(a).
(4) If a home ownership promotion zone is created as described in this section:affected local taxing entities are required to participate according to the requirements of the home ownership promotion zone established by the county; andeach affected taxing entity is required to participate at the same rate.
(5) A home ownership promotion zone may be modified by the same manner it is created as described in Subsection (3).
(6) Within 30 days after the day on which the county creates the home ownership promotion zone as described in Subsection (3), the county shall:record with the recorder a document containing:a description of the land within the home ownership promotion zone; andthe date of creation of the home ownership promotion zone;transmit a copy of the description of the land within the home ownership promotion zone and an accurate map or plat indicating the boundaries of the home ownership promotion zone to the Utah Geospatial Resource Center created under Section 63A-16-505; andtransmit a map and description of the land within the home ownership promotion zone to:the auditor, recorder, attorney, surveyor, and assessor of the county in which any part of the home ownership promotion zone is located;the officer or officers performing the function of auditor or assessor for each taxing entity that does not use the county assessment roll or collect the taxing entity’s taxes through the county;the legislative body or governing board of each taxing entity impacted by the home ownership promotion zone;the tax commission; andthe State Board of Education.
(7) A county may receive tax increment and use home ownership promotion zone funds as described in Section 17-80-504.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-80-502 - Applicability, requirements, and limitations.
(1) A home ownership promotion zone shall promote the following objectives:increasing availability of housing, including affordable housing;promotion of home ownership;overcoming development impediments and market conditions that render an affordable housing development cost prohibitive absent the incentives resulting from a home ownership promotion zone; andconservation of water resources through efficient land use.
(2) In order to accomplish the objectives described in Subsection (1), a county shall ensure that:land inside the proposed home ownership promotion zone is zoned as residential, with at least six planned housing units per acre;at least 60% of the proposed housing units within the home ownership promotion zone are affordable housing units; andall of the proposed housing units within the home ownership promotion zone are deed restricted to require owner occupation for at least five years.
(3) A county may restrict short term rentals in a home ownership promotion zone.
(4) A county may not create a home ownership promotion zone if:the proposed home ownership promotion zone would overlap with a school district and:the school district has more than one municipality within the school district’s boundaries; andthe school district already has 100 acres designated as home ownership promotion zone within the school district’s boundaries; orthe school district has one municipality within the school district’s boundaries; andthe school district already has 50 acres designated as home ownership promotion zone within the school district’s boundaries; orthe area in the proposed home ownership promotion zone would overlap with:a project area, as that term is defined in Section 17C-1-102, and created under Title 17C, Chapter 1, Agency Operations, until the project area is dissolved in accordance with Section 17C-1-702; oran existing housing and transit reinvestment zone.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-80-503 - Notification before creation of a home ownership promotion zone.
(1) As used in this section, “hearing” means a public meeting in which the legislative body of a county:considers a resolution creating a home ownership promotion zone; andtakes public comment on a proposed home ownership promotion zone.A hearing under this section may be combined with any other public meeting of a legislative body of a county.
(2) Before a county creates a home ownership promotion zone as described in Section 17-80-501, the county shall provide notice of a hearing as described in this section.
(3) The notice required by Subsection (2) shall be given by:publishing notice for the county, as a class A notice under Section 63G-30-102, for at least 14 days before the day on which the legislative body of the county intends to have a hearing;at least 30 days before the hearing, mailing notice to:each record owner of property located within the proposed home ownership promotion zone;the State Tax Commission; andif the proposed home ownership promotion zone is subject to a taxing entity committee, each member of the taxing entity committee and the State Board of Education; orif the proposed home ownership promotion zone is not subject to a taxing entity committee, the legislative body or governing board of each taxing entity within the boundaries of the proposed home ownership promotion zone.
(4) The mailing of the notice to record property owners required under Subsection (3)(b) shall be conclusively considered to have been properly completed if:the county mails the notice to the property owners as shown in the records, including an electronic database, of the county recorder’s office and at the addresses shown in those records; andthe county recorder’s office records used by the agency in identifying owners to whom the notice is mailed and their addresses were obtained or accessed from the county recorder’s office no earlier than 30 days before the mailing.
(5) The county shall include in each notice required under this section:a boundary description of the proposed home ownership promotion zone; ora mailing address or telephone number where a person may request that a copy of the boundary description of the proposed home ownership promotion zone be sent at no cost to the person by mail, email, or facsimile transmission; andif the agency or community has an Internet website, an Internet address where a person may gain access to an electronic, printable copy of the boundary description of the proposed home ownership promotion zone;a map of the boundaries of the proposed home ownership promotion zone;an explanation of the purpose of the hearing; anda statement of the date, time, and location of the hearing.
(6) The county shall include in each notice under Subsection (3)(b):a statement that property tax revenue resulting from an increase in valuation of property within the proposed home ownership promotion zone will be paid to the county for proposed home ownership promotion zone development rather than to the taxing entity to which the tax revenue would otherwise have been paid; andan invitation to the recipient of the notice to submit to the county comments concerning the subject matter of the hearing before the date of the hearing.
(7) A county may include in a notice under Subsection (2) any other information the county considers necessary or advisable, including the public purpose achieved by the proposed home ownership promotion zone.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-80-504 - Payment, use, and administration of revenue from a home ownership promotion zone.
(1) A county may receive tax increment and use home ownership promotion zone funds in accordance with this section.The maximum amount of time that a county may receive and use tax increment collected from a home ownership promotion zone is 15 consecutive years.
(2) A county that collects property tax on property located within a home ownership promotion zone shall, in accordance with Section 59-2-1365, retain 60% of the tax increment collected from property within the home ownership promotion zone to be used as described in this section.
(3) Tax increment retained by a county in accordance with Subsection (2) is not revenue of the taxing entity or county, but home ownership promotion zone funds.Home ownership promotion zone funds may be administered by an agency created by the county within which the home ownership promotion zone is located.Before an agency may receive home ownership promotion zone funds from a county, the agency shall enter into an interlocal agreement with the county.
(4) A county or agency shall use home ownership promotion zone funds within, or for the direct benefit of, the home ownership promotion zone.If any home ownership promotion zone funds will be used outside of the home ownership promotion zone, the legislative body of the county shall make a finding that the use of the home ownership promotion zone funds outside of the home ownership promotion zone will directly benefit the home ownership promotion zone.
(5) A county or agency shall use home ownership promotion zone funds to achieve the purposes described in Section 17-80-502 by paying all or part of the costs of any of the following:project improvement costs;systems improvement costs;water exaction costs;street lighting costs;environmental remediation costs; orthe costs of the county to create and administer the home ownership promotion zone, which may not exceed 3% of the total home ownership promotion zone funds.
(6) Home ownership promotion zone funds may be paid to a participant, if the county and participant enter into a participation agreement which requires the participant to utilize the home ownership promotion zone funds as allowed in this section.
(7) Home ownership promotion zone funds may be used to pay all of the costs of bonds issued by the county in accordance with Title 17C, Chapter 1, Part 5, Agency Bonds, including the cost to issue and repay the bonds including interest.
(8) A county may:create one or more public infrastructure districts within home ownership promotion zone under Title 17D, Chapter 4, Public Infrastructure District Act; andpledge and utilize the home ownership promotion zone funds to guarantee the payment of public infrastructure bonds issued by a public infrastructure district.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
Other Housing Supply Tools
17-80-601 - Reserved.
Enacted by Chapter 14, 2025 Special Session 1