17D-4-204. Relation to other local entities.
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Effective 5/6/2026
17D-4-204. Relation to other local entities.
(1)Notwithstanding the creation of a public infrastructure district, the creating entity and any other public entity, as applicable, retains all of the entity's authority over all zoning, planning, design specifications and approvals, and permitting within the public infrastructure district.
(2)The inclusion of property within the boundaries of a public infrastructure district does not preclude the inclusion of the property within any other special district.
(a)All infrastructure that is connected to another public entity's system:
(i)belongs to that public entity, regardless of inclusion within the boundaries of a public infrastructure district, unless the public infrastructure district and the public entity otherwise agree; and
(ii)shall comply with the design, inspection requirements, and other standards of the public entity.
(b)A public infrastructure district shall convey or transfer the infrastructure described in Subsection (3)(a) free of liens or financial encumbrances to the public entity at no cost to the public entity.
(c)The conveyance, transfer, or dedication of infrastructure to a creating entity or a public entity in accordance with this section is not a financial benefit of the creating entity or public entity.
(a)No public entity or private person shall receive funds from any portion of a public infrastructure district's property tax revenue without a resolution of the public infrastructure district's board authorizing the public entity or private person to receive the funds.
(b)Subsection (4)(a) does not apply to the county's expenses related to collecting property tax in accordance with Title 59, Chapter 2, Part 13, Collection of Taxes.
(c)Subsection (4)(a) applies notwithstanding any provision in:
(i)Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act;
(ii)Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act;
(iii)a statute governing a development authority created under Utah Constitution, Article XI; or
(iv)a provision of code related to the collection, distribution, or sharing of tax increment revenue, incremental property tax increases, or actions related to the collection, distribution, or sharing of tax increment revenue or incremental property tax increases.
Amended by Chapter 324 , 2026 General Session