17-79-901. Enforcement -- Limitations on a county's ability to enforce an ordinance by withholding a permit or certificate.

833 words·~4 min read·/ut/title-17/chapter-79/17-79-901

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

Effective 5/6/2026

(a)A county or a land use applicant may, in addition to other remedies provided by law, institute:

(i)injunctions, mandamus, abatement, or any other appropriate actions; or

(ii)proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.

(b)A county need only establish the violation to obtain the injunction.

(a)Except as provided in Subsections

(3)through

(6), a county may enforce the county's ordinance by withholding a building permit or certificate of occupancy.

(b)It is unlawful to erect, construct, reconstruct, alter, or change the use of any building or other structure within a county without approval of a building permit.

(c)The county may not issue a building permit unless the plans of and for the proposed erection, construction, reconstruction, alteration, or use fully conform to all regulations then in effect.

(d)A county may require an applicant to install a permanent road, cover a temporary road with asphalt or concrete, or create another method for servicing a structure that is consistent with Appendix D of the International Fire Code, before receiving a certificate of occupancy for that structure.

(e)A county may require an applicant to maintain and repair a temporary fire apparatus road during the construction of a structure accessed by the temporary fire apparatus road in accordance with the county's adopted standards.

(f)A county may require temporary signs to be installed at each street intersection once construction of new roadway allows passage by a motor vehicle.

(g)A county may adopt and enforce any appendix of the International Fire Code, 2021 Edition.

(a)A county may not deny an applicant a building permit or certificate of occupancy because the applicant has not completed an infrastructure improvement:

(i)unless the infrastructure improvement is essential to meet the requirements for the issuance of a building permit or certificate of occupancy under Title 15A, State Construction and Fire Codes Act ; and

(ii)for which the county has accepted an improvement completion assurance for a public landscaping improvement, as defined in Section 17-79-707 , or an infrastructure improvement for the development.

(b)For purposes of Subsection (3)(a)(i) , notwithstanding Section 15A-5-205.6 , infrastructure improvement that is essential means:

(i)for a building permit:

(A)operable fire hydrants installed in a manner that is consistent with the county's adopted engineering standards; and

(B)for temporary roads used during construction, a properly compacted road base installed in a manner consistent with the county's adopted engineering standards;

(ii)for a certificate of occupancy, at the discretion of the county, at least one of the following:

(A)a permanent road;

(B)a temporary road covered with asphalt or concrete; or

(C)another method for accessing a structure consistent with Appendix D of the International Fire Code; and

(iii)public infrastructure necessary for the health, life, and safety of the occupant.

(c)A county may not adopt an engineering standard that requires an applicant to install a permanent road or a temporary road with asphalt or concrete before receiving a building permit.

(4)A county may not deny an applicant a building permit or certificate of occupancy for failure to:

(a)submit a private landscaping plan, as defined in Section 17-79-707 ; or

(b)complete a landscaping improvement that is not a public landscaping improvement, as defined in Section 17-79-707 .

(5)A county may not withhold a building permit based on the lack of completion of a portion of a public sidewalk to be constructed within a public right-of-way serving a lot where a single-family or two-family residence or town home is proposed in a building permit application if an improvement completion assurance has been posted for the incomplete portion of the public sidewalk.

(6)A county may not prohibit the construction of a single-family or two-family residence or town home, withhold recording a plat, or withhold acceptance of a public landscaping improvement, as defined in Section 17-79-707 , or an infrastructure improvement based on the lack of installation of a public sidewalk if an improvement completion assurance has been posted for the public sidewalk.

(7)A county may not redeem an improvement completion assurance securing the installation of a public sidewalk sooner than 18 months after the date the improvement completion assurance is posted.

(8)A county shall allow an applicant to post an improvement completion assurance for a public sidewalk separate from an improvement completion assurance for:

(a)another infrastructure improvement; or

(b)a public landscaping improvement, as defined in Section 17-79-707 .

(9)A county may withhold a certificate of occupancy for a single-family or two-family residence or town home until the portion of the public sidewalk to be constructed within a public right-of-way and located immediately adjacent to the single-family or two-family residence or town home is completed and accepted by the county.

Amended by Chapter 166 , 2026 General Session