53-30 - Security Improvements Act
Title 53 > 53-30
Sections (3)
General Provisions
53-30-101 - Definitions.
(1) “Applicant” means an individual who submits an application for certification.
(2) “Application for certification” means an application described in Subsection 53-29-201(1).
(3) “Certifying officer” means the commissioner or an individual the commissioner designates to certify an application for certification.
(4) “Credible threat” means a threat to cause death or serious bodily injury that a state or federal law enforcement agency has confirmed to be authentic.
(5) “Easement holder” means the same as that term is defined in Section 57-13c-101.
(6) “Improvement” means the same as that term is defined in Section 78B-2-225.
(7) “Land use authority” means:with respect to protected property located within a municipality, the same as that term is defined in Section 10-20-102; orwith respect to protected property located within an unincorporated area of a county, the same as that term is defined in Section 17-79-102.
(8) “Protected person” means an individual who:within the four years preceding the day on which the individual submits an application for certification:received a credible threat; orwas physically harmed; andis at risk of serious bodily injury or death caused by:the individual who made the credible threat described in Subsection (8)(a)(i) or caused the physical harm described in Subsection (8)(a)(ii); oran individual affiliated with the individual who made the credible threat described in Subsection (8)(a)(i) or caused the physical harm described in Subsection (8)(a)(ii).
(9) “Protected property” means real property that is owned or occupied by a protected person.
(10) “Protection certificate” means a written determination described in Subsection 53-29-201(4).
(11) “Security improvement” means an improvement that:is intended to provide protection for a protected person, or a protected person’s immediate family member living at the same residence as the protected person, from the risk of death or serious bodily injury caused by an individual who made a credible threat or caused physical harm to the protected person;is constructed within the boundaries of protected property; anddoes not interfere with another property owner’s property right.”Security improvement” includes an improvement described in Subsection (11)(a) that provides safe egress from, or safety within, the protected property, including an underground improvement or an improvement that runs below an easement if the improvement does not damage or interfere with the purpose or use of the easement.
Amended by Chapter 16, 2025 Special Session 1
Certification
53-30-201 - Certification process.
(1) In accordance with the provisions of this section, an individual may submit an application to a certifying officer for a written determination that each improvement the applicant identifies in the application is a security improvement.An applicant shall include in an application for certification:the applicant’s name; andevidence supporting the applicant’s assertion that the applicant is a protected person and that each proposed improvement is a security improvement, including:a legal description of the real property that the applicant asserts is protected property;building plans for each proposed security improvement;if the applicant intends to construct the proposed security improvement beneath an easement, evidence that the applicant provided written notice of the security improvement to each easement holder; andany other information the department requires.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules:establishing:a process for receiving and evaluating applications for certification; andthe required contents of an application for certification; andrequiring that a certifying officer consult confidentially with a municipal or county building official regarding potential mitigation of any material adverse effects a proposed security improvement would cause if the proposed security improvement would be visible to an individual standing within 500 feet of the protected property.
(3) Within 45 days after the day on which a certifying officer receives an application for certification, the certifying officer shall approve or deny the application for certification.
(4) If the certifying officer approves the application for certification, the certifying officer shall:provide the applicant with a protection certificate that identifies the protected person, the protected property, and each security improvement; andwithin 30 days after the day on which the certifying officer approves the application for certification, notify the applicable police chief or sheriff of the threat made against the protected person.
Enacted by Chapter 364, 2025 General Session
Security Improvements
53-30-301 - Improvements — Legal remedies.
(1) No later than two years after the day on which a certifying officer issues a protection certificate, the protected person may submit to the applicable land use authority a copy of the protection certificate, together with a building permit application, for the construction of one or more security improvements identified in the protection certificate.
(2) Upon receipt of a building permit application for the construction of a security improvement, the land use authority shall:review the building permit application for the sole purpose of determining compliance with Title 15A, State Construction and Fire Codes Act; andissue a building permit authorizing the construction if the application complies with Title 15A, State Construction and Fire Codes Act.If a building permit application for the construction of a security improvement complies with Title 15A, State Construction and Fire Codes Act, the land use authority shall authorize construction.
(3) A security improvement is not subject to county or municipal land use regulations, except for regulations regarding the exterior of a building that are imposed under Subsection 53-29-201(2)(b).
(4) If a municipality or county unlawfully conditions, delays, or denies a building permit for a security improvement, the protected person may challenge the municipality’s or county’s action in court.In an action under this Subsection (4), the court shall allow a party to file documents under seal to preserve the confidentiality of the security improvement.A building permit application for the construction of a security improvement is not subject to Section 10-6-160 or 17-36-55.
Enacted by Chapter 364, 2025 General Session