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Legislative Updates

Preemption or Redemption?

February 10, 2021

Not much to update about today, but a couple of interesting things.

Last update we talked some about the issue of state preemption of local governing roles, including in land use.  There are pros and cons for both, really depending on circumstances.  In this morning’s Trib, columnist Robert Gehrke writes about this very issue, using several land use bills from this legislative session as examples.  While his tone is generally in favor of local control, he does sort of acknowledge some possible broader state policy role at some times, as, he writes, in the case of ADUs (though it’s pretty tentative).  Worth a read.

On the working front, today in committee meetings, two of the bills we are following will be heard, HB265 – County Land Use and Development Amendments (about development in unincorporated county areas adjacent to municipalities), and HB63 – Impact Fees Amendments.

Discussions are on-going on HB98 – Local Government Building Regulation Amendments.  The revised bill will likely be coming out soon, and will not do away with the bill’s provisions but will define and limit them in much more detail.

And the main Land Use Task Force bill is being worked on by legislative staff, but still not sure when it will be coming out.  Soon, we hope!

Wilf Sommerkorn

Co-Chair, APA Utah Legislative Committee


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