10-20-911.
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/ut/title-10/chapter-20/10-20-911A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/6/2026
10-20-911. Exactions -- Requirement to offer to original owner property acquired by exaction -- Exaction for right-of-way improvements -- Improvement completion assurance requirements.
(1)A municipality may impose an exaction or exactions on development proposed in a land use application, including, subject to Section 10-20-912 , an exaction for a water interest, if:
(a)an essential link exists between a legitimate governmental interest and each exaction; and
(b)each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development.
(2)If a land use authority imposes an exaction for another governmental entity:
(a)the governmental entity shall request the exaction; and
(b)the land use authority shall transfer the exaction to the governmental entity for which it was exacted.
(a)If a municipality plans to dispose of surplus real property that was acquired under this section and has been owned by the municipality for less than 15 years, the municipality shall first offer to reconvey the property, without receiving additional consideration, to the person who granted the property to the municipality.
(b)A person to whom a municipality offers to reconvey property under Subsection (3)(a) has 90 days to accept or reject the municipality's offer.
(c)If a person to whom a municipality offers to reconvey property declines the offer, the municipality may offer the property for sale.
(d)Subsection (3)(a) does not apply to the disposal of property acquired by exaction by a community reinvestment agency.
(a)A municipality may not, as part of an infrastructure improvement, require the installation of pavement on a residential roadway at a width in excess of 32 feet.
(b)Subsection (4)(a) does not apply if a municipality requires the installation of pavement in excess of 32 feet:
(i)in a vehicle turnaround area;
(ii)in a cul-de-sac;
(iii)to address specific traffic flow constraints at an intersection, mid-block crossings, or other areas;
(iv)to address an applicable general or master plan improvement, including transportation, bicycle lanes, trails, or other similar improvements that are not included within an impact fee area;
(v)to address traffic flow constraints for service to or abutting higher density developments or uses that generate higher traffic volumes, including community centers, schools, and other similar uses;
(vi)as needed for the installation or location of a utility which is maintained by the municipality and is considered a transmission line or requires additional roadway width;
(vii)for third-party utility lines that have an easement preventing the installation of utilities maintained by the municipality within the roadway;
(viii)for utilities over 12 feet in depth;
(ix)for roadways with a design speed that exceeds 25 miles per hour;
(x)as needed for flood and stormwater routing;
(xi)as needed to meet fire code requirements for parking and hydrants; or
(xii)as needed to accommodate street parking.
(c)Nothing in this section shall be construed to prevent a municipality from approving a road cross section with a pavement width less than 32 feet.
(i)A land use applicant may appeal a municipal requirement for pavement in excess of 32 feet on a residential roadway.
(ii)A land use applicant that has appealed a municipal specification for a residential roadway pavement width in excess of 32 feet may request that the municipality assemble a panel of qualified experts to serve as the appeal authority for purposes of determining the technical aspects of the appeal.
(iii)Unless otherwise agreed by the applicant and the municipality, the panel described in Subsection (4)(d)(ii) shall consist of the following three experts:
(A)one licensed engineer, designated by the municipality;
(B)one licensed engineer, designated by the land use applicant; and
(C)one licensed engineer, agreed upon and designated by the two designated engineers under Subsections (4)(d)(iii)(A) and
(B).
(iv)A member of the panel assembled by the municipality under Subsection (4)(d)(ii) may not have an interest in the application that is the subject of the appeal.
(v)The land use applicant shall pay:
(A)50% of the cost of the panel; and
(B)the municipality's published appeal fee.
(vi)The decision of the panel is a final decision, subject to a petition for review under Subsection (4)(d)(vii).
(vii)In accordance with Section 10-20-1109 , a land use applicant or the municipality may file a petition for review of the decision with the district court within 30 days after the date that the decision is final.
Amended by Chapter 166 , 2026 General Session