19-1-309. Expedited permit review process -- Requirements for qualified reviewer -- Rulemaking.

791 words·~4 min read·/ut/title-19/chapter-1/19-1-309

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Effective 5/6/2026

(1)As used in this section:

(a)"Eligible permit" means a permit:

(i)enforced by the department; and

(ii)identified for expedited review in department rule under Subsection (7)(a) .

(b)"Expedited review" means a review of an eligible permit that:

(i)is performed by a qualified reviewer;

(ii)is completed within the number of days established by department rule under Subsection (7)(d) ; and

(iii)concludes with the issuance of a preliminary permit decision.

(c)"Permit" means any of the following issued under this title:

(i)a permit;

(ii)a plan;

(iii)a license; or

(iv)an administrative authorization made by a director.

(d)"Preliminary permit decision" means a recommendation to the department by a qualified reviewer under expedited review to:

(i)approve a permit application for final technical review and approval;

(ii)deny a permit application; or

(iii)return the permit application to the applicant with a description of the permit application's deficiencies.

(e)"Qualified reviewer" means a professional engineer, land surveyor, geologist, landscape architect, or other licensed professional certified by the department to review an application for an eligible permit under this section.

(a)The department may certify a qualified reviewer to perform an expedited review of an eligible permit.

(b)The department may certify an individual as a qualified reviewer of an eligible permit if the individual meets the following requirements:

(i)holds an active professional license in a field related to the eligible permit;

(ii)has at least five years of environmental permitting experience;

(iii)has not been convicted of, or pleaded guilty to:

(A)an environmental crime, or a similar or related criminal offense under federal or state law; or

(B)a crime involving fraud, theft by deception, forgery, or a similar or related criminal offense under federal or state law;

(iv)has not had a professional license revoked or suspended by a national or state licensing board within the previous 10 years; and

(v)any other requirement established by the department.

(a)An applicant for an eligible permit may request an expedited review of the applicant's permit application.

(b)An applicant that requests expedited review shall, in a form and manner determined by the department:

(i)submit a written request to the department for an expedited review of the applicant's permit application;

(ii)pay all costs associated with the expedited review; and

(iii)submit a completed application to a qualified reviewer.

(a)The department may establish a process for a qualified reviewer to complete an expedited review of a permit application for an eligible permit.

(b)A qualified reviewer shall perform an expedited review:

(i)subject to all standards, technical specifications, scope of review, and other requirements as determined by the department;

(ii)on a timeline established by the department; and

(iii)in accordance with all applicable federal and state laws and regulations.

(c)A qualified reviewer may not perform an expedited review for an applicant of an eligible permit if the qualified reviewer:

(i)has performed services for the applicant within three years of the date of submission of the permit application; or

(ii)has any financial or business interest with the applicant.

(d)A qualified reviewer shall submit a preliminary permit decision to the department at the completion of an expedited review, including:

(i)an analysis of the basis for the recommendation; and

(ii)supporting documentation, as determined by the department.

(a)The department shall conduct a final technical review and make a final administrative decision for a permit application upon completion of an expedited review.

(b)To make a final administrative decision on a permit application, the department shall:

(i)review a preliminary permit decision for the permit application;

(ii)conduct a final technical review of the permit application; and

(A)approve the permit application;

(B)deny the permit application; or

(C)return the permit application to the applicant with a description of the permit application's deficiencies.

(6)Except as otherwise provided in this title, a permit applicant may appeal the department's final administrative decision as provided in Section 19-1-301.5 .

(7)In accordance with Title 63G, Chapter 3 , Utah Administrative Rulemaking Act, the department shall make rules to establish:

(a)the requirements for identifying a permit as an eligible permit;

(b)the requirements for expedited review;

(c)the requirements for certifying a qualified reviewer;

(d)the maximum number of days for a qualified reviewer to complete an expedited review;

(e)the maximum number of days for the department to make a final administrative decision upon completion of an expedited review; and

(f)public comment requirements in accordance with federal and state law.

Enacted by Chapter 425 , 2026 General Session