10-20-808. Exemptions from plat requirement.

481 words·~2 min read·/ut/title-10/chapter-20/10-20-808

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

Effective 11/6/2025

(1)Notwithstanding any other provision of law, a plat is not required if:

(a)a municipality establishes a process to approve an administrative land use decision for a subdivision of 10 or fewer parcels without a plat; and

(b)the municipality provides in writing that:

(i)the municipality has provided a certificate or written approval as required by ordinance; and

(ii)the proposed subdivision:

(A)is not traversed by the mapped lines of a proposed street as shown in the general plan unless the municipality has approved the location and dedication of any public street, municipal utility easement, any other easement, or any other land for public purposes as the municipality's ordinance requires;

(B)has been approved by the culinary water authority and the sanitary sewer authority;

(C)is located in a zoned area; and

(D)conforms to all applicable land use ordinances or has properly received a variance from the requirements of an otherwise conflicting and applicable land use ordinance.

(a)Subject to Subsection

(1), a parcel resulting from a division of agricultural land is exempt from the plat requirements of Section 10-20-803 if the parcel:

(i)qualifies as land in agricultural use under Section 59-2-502 ;

(ii)meets the minimum size requirement of applicable land use ordinances; and

(iii)is not used and will not be used for any nonagricultural purpose.

(b)If a parcel exempted under Subsection (2)(a) is used for a nonagricultural purpose, the municipality may require the parcel to comply with the requirements of Section 10-20-803 .

(a)Documents recorded in the county recorder's office that divide property by a metes and bounds description do not create an approved subdivision allowed by this part unless the land use authority's certificate of written approval required by Subsection

(1)is attached to the document.

(b)The absence of the certificate or written approval required by Subsection

(1)does not:

(i)prohibit the county recorder from recording a document; or

(ii)affect the validity of a recorded document.

(c)A document which does not meet the requirements of Subsection

(1)may be corrected by the recording of an affidavit to which the required certificate or written approval is attached and that complies with Section 57-3-106 .

(a)The boundaries of any subdivision exempted from the plat requirement under this section shall be graphically illustrated on a record of survey map that includes:

(i)a legal description of the parcel to be divided;

(ii)a legal description of each parcel created by the subdivision; and

(iii)a citation to the specific provision of this section for which an exemption to the plat requirement is authorized.

(b)The record of survey map described in Subsection (4)(a) shall be filed with the county surveyor in accordance with Section 17-73-504 .

Renumbered and Amended by Chapter 15 , 2025 Special Session 1