10-20-305. State and federal property.

383 words·~2 min read·/ut/title-10/chapter-20/10-20-305

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

Effective 5/6/2026

(1)As used in this section:

(a)"Commuter rail" means the same as that term is defined in Section 63N-23-101 .

(i)"Commuter rail facility" means a parking facility or maintenance facility related to commuter rail.

(ii)"Commuter rail facility" does not include the rail or a station platform.

(2)Unless otherwise provided by law, nothing contained in this chapter or Chapter 21 , Municipalities and Housing Supply, may be construed as giving a municipality jurisdiction over:

(a)real property or an interest in real property owned by the state or the United States; or

(b)except as provided by Subsection

(3), other real property necessary for the construction of a commuter rail project for which the Department of Transportation has oversight and supervision.

(3)Upon completion of a commuter rail project described in Subsection

(2), including any performance of work related to warranties and latent defects, a municipality retains the jurisdiction and land use authority provided by law over the completed commuter rail facilities.

(a)As used in this Subsection (4), "exempted government landowner" means a state agency, independent entity, or regional economic development authority that has exclusive control over the management, development, and disposition of a parcel of state-owned land.

(b)Notwithstanding Subsection

(2), when an exempted government landowner intends to dispose of a parcel of state-owned land, a municipality may coordinate with the exempted government landowner to develop a prospective land use regulation or general plan amendment for the parcel in order to ensure alignment between the exempted government landowner's activity and objectives and the municipality's role as the land use authority if the parcel is conveyed to a private owner.

(c)A municipal legislative body that adopts a prospective land use regulation or amends a general plan under Subsection (4)(b) is not required to comply with the notice provisions of Part 2, Notice, the procedure specified in Section 10-20-502 , or Subsections 10-20-503(2) and

(3), if:

(i)the prospective land use regulation will govern, or the general plan amendment describes, state-owned land if that the state-owned land is transferred to private ownership; and

(ii)the exempted government landowner requested the prospective land use regulation or general plan amendment.

Amended by Chapter 344 , 2026 General Session