17B-1-121. Limit on fees -- Requirement to itemize and account for fees -- Appeals.

458 words·~2 min read·/ut/title-17b/chapter-1/17b-1-121

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

Effective 5/7/2025

(1)A special district may not impose or collect:

(a)an application fee that exceeds the reasonable cost of processing the application; or

(b)an inspection or review fee that exceeds the reasonable cost of performing an inspection or review.

(a)Upon request by a service applicant who is charged a fee or an owner of residential property upon which a fee is imposed, a special district shall provide a statement of each itemized fee and calculation method for each fee.

(b)If an applicant who is charged a fee or an owner of residential property upon which a fee is imposed submits a request for a statement of each itemized fee no later than 30 days after the day on which the applicant or owner pays the fee, the special district shall, no later than 10 days after the day on which the request is received, provide or commit to provide within a specific time:

(i)for each fee, any studies, reports, or methods relied upon by the special district to create the calculation method described in Subsection (2)(a) ;

(ii)an accounting of each fee paid;

(iii)how each fee will be distributed by the special district; and

(iv)information on filing a fee appeal through the process described in Subsection (2)(c) .

(i)A special district shall establish an impartial fee appeal process to determine whether a fee reflects only the reasonable estimated cost of delivering the service for which the fee was paid.

(ii)A party to a fee appeal described in Subsection (2)(c)(i) may petition for judicial review of the special district's final decision.

(d)The reasonable estimated cost of delivering a service by a special district that provides water services includes costs for water conservation, and a water conservation effort, as an element in determining the rate charged for a block unit of water as provided in Section 73-10-32.5 .

(3)A special district may not impose on or collect from a public agency a fee associated with the public agency's development of the public agency's land other than:

(a)subject to Subsection

(1), a hookup fee; or

(b)an impact fee, as defined in Section 11-36a-102 and subject to Section 11-36a-402 , for a public facility listed in Subsection 11-36a-102(17)(a) ,

(b),

(c),

(d),

(e), or

(g).

(4)This section does not apply to a fee or fee increase that is equal to the amount needed to pay a fee imposed on a special district under Sections 19-4-116 and 73-10g-607 .

Amended by Chapter 102 , 2025 General Session

Amended by Chapter 124 , 2025 General Session