17-80-301. Moderate income housing.
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/ut/title-17/chapter-80/17-80-301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 11/6/2025
17-80-301. Moderate income housing.
(1)A county may only require the development of a certain number of moderate income housing units as a condition of approval of a land use application if:
(a)the county and the applicant enter into a written agreement regarding the number of moderate income housing units;
(b)the county provides incentives for an applicant who agrees to include moderate income housing units in a development; or
(c)the county offers or approves, and an applicant accepts, an incentive described in Section 17-80-401 or 17-80-402 .
(2)If an applicant does not agree to participate in the development of moderate income housing units under Subsection (1)(a) or
(b), a county may not take into consideration the applicant's decision in the county's determination of whether to approve or deny a land use application.
(3)Notwithstanding Subsections
(1)and
(2), a county of the third class, which has a ski resort located within the unincorporated area of the county, may require the development of a certain number of moderate income housing units as a condition of approval of a land use application if the requirement is in accordance with an ordinance enacted by the county before January 1, 2022.
Renumbered and Amended by Chapter 14 , 2025 Special Session 1