10-20-301. Ordinance establishing planning commission required -- Ordinance requirements -- Compensation.

413 words·~2 min read·/ut/title-10/chapter-20/10-20-301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(a)Each municipality shall enact an ordinance establishing a planning commission.

(b)The ordinance shall:

(i)include the number and terms of the planning commission members and, if the municipality chooses, alternate members;

(ii)provide procedures for appointing a planning commission member;

(iii)provide procedures for filling vacancies on the planning commission;

(iv)provide procedures for removing a planning commission member from the planning commission and specify that:

(A)in a form of government described in Section 10-3b-301 or 10-3b-401 , and subject to any delegation of authority under Subsection 10-3b-303(1) or 10-3b-403(1) , the legislative body may remove a planning commission member; or

(B)in a form of government described in Section 10-3b-202 , the mayor may remove a planning commission member;

(v)except as provided in Subsection (1)(b)(vi) , describe the causes for which a planning commission member may be removed from the planning commission, which shall include:

(A)using public funds for a political purpose under Title 20A, Chapter 11, Part 12, Political Activities of Public Entities Act;

(B)violating a provision of Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act; and

(C)acting with the intent to influence a land use decision or an appeal of a pending land use application in a manner that creates actual impermissible bias or an unacceptable risk of impermissible bias in the planning commission member's administrative or quasi-judicial duties;

(vi)provide that a planning commission member deliberating about a specific pending land use application in a planning commission meeting with municipal staff, an elected official, or the land use applicant is not cause for removing a planning commission member from the planning commission;

(vii)provide requirements for when a planning commission member shall recuse oneself from deliberating or voting on certain land use applications;

(viii)define the authority of the planning commission;

(ix)subject to Subsection (1)(c) , include rules of order and procedure for use by the planning commission in a public meeting; and

(x)include other details relating to the organization and procedures of the planning commission.

(c)Subsection (1)(b)(ix) does not affect the planning commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act .

(2)The legislative body may authorize a member to receive per diem and travel expenses for meetings actually attended, in accordance with Section 11-55-103 .

Amended by Chapter 166 , 2026 General Session