17-79-205. Notice of public hearings and public meetings on adoption or modification of land use regulation.

764 words·~3 min read·/ut/title-17/chapter-79/17-79-205

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

Effective 5/6/2026

(1)Each county shall give:

(a)notice of the date, time, and place of the first public hearing to consider the adoption or modification of a land use regulation; and

(b)notice of each public meeting on the subject.

(2)Each notice of a public hearing under Subsection (1)(a) shall be:

(a)mailed to each affected entity at least 10 calendar days before the public hearing; and

(i)provided for the area affected by the land use ordinance changes, as a class B notice under Section 63G-30-102 , for at least 10 calendar days before the day of the public hearing; or

(ii)if the proposed land use ordinance adoption or modification is ministerial in nature, as described in Subsections (6)(a) and

(b), provided as a class A notice under Section 63G-30-102 for at least 10 calendar days before the day of the public hearing.

(3)In addition to the notice requirements described in Subsections

(1)and

(2), for any proposed modification to the text of a zoning code, the notice posted in accordance with Subsection

(2)shall:

(a)include:

(i)a summary of the effect of the proposed modifications to the text of the zoning code designed to be understood by a lay person; or

(ii)a direct link to the county's webpage where a person can find a summary of the effect of the proposed modifications to the text of the zoning code designed to be understood by a lay person; and

(b)be provided to any person upon written request.

(4)Each notice of a public meeting under Subsection (1)(b) shall be at least 24 hours before the hearing and shall be published for the county, as a class A notice under Section 63G-30-102 , for at least 24 hours.

(a)A county shall send a courtesy notice to each owner of private real property whose property is located entirely or partially within the proposed zoning map enactment or amendment at least 10 days before the scheduled day of the public hearing.

(b)The notice shall:

(i)identify with specificity each owner of record of real property that will be affected by the proposed zoning map or map amendments;

(ii)state the current zone in which the real property is located;

(iii)state the proposed new zone for the real property;

(iv)provide information regarding or a reference to the proposed regulations, prohibitions, and permitted uses that the property will be subject to if the zoning map or map amendment is adopted;

(v)state that the owner of real property may no later than 10 days after the day of the first public hearing file a written objection to the inclusion of the owner's property in the proposed zoning map or map amendment;

(vi)state the address where the property owner should file the protest;

(vii)notify the property owner that each written objection filed with the county will be provided to the county legislative body; and

(viii)state the location, date, and time of the public hearing described in Section 17-79-502 .

(c)If a county mails notice to a property owner under Subsection (2)(b)(i) for a public hearing on a zoning map or map amendment, the notice required in this Subsection

(5)may be included in or part of the notice described in Subsection (2)(b)(i) rather than sent separately.

(a)For purposes of the notice requirements in Subsection (2)(b) only, a proposed land use ordinance is ministerial in nature if the proposed land use ordinance change is to:

(i)bring the county's land use ordinances into compliance with a state or federal law;

(ii)adopt a county land use update that affects:

(A)an entire zoning district; or

(B)multiple zoning districts;

(iii)adopt a non-substantive, clerical text amendment to an existing land use ordinance;

(iv)recodify the county's existing land use ordinances; or

(v)designate or define an affected area for purposes of a boundary adjustment or annexation.

(b)A proposed land use ordinance may include more than one of the purposes described in Subsection (6)(a) and remain ministerial in nature.

(c)If a proposed land use ordinance includes an adoption or modification not described in Subsection (6)(a) :

(i)the proposed land use ordinance is not ministerial in nature, even if the proposed land use ordinance also includes a change or modification described in Subsection (6)(a) ; and

(ii)the notice requirements of Subsection (2)(b)(i) apply.

Amended by Chapter 166 , 2026 General Session