35A-16-1301. Temporary shelter expansion -- Definitions -- Requirements -- Mitigation.

321 words·~1 min read·/ut/title-35a/chapter-16/35a-16-1301

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

Effective 5/6/2026

(1)As used in this part, "municipal consent" means the written approval from a municipality in which a congregate shelter is located to the office and to a service provider for temporary expansion of a congregate shelter's designated bed capacity.

(2)A service provider may expand the capacity limit of a congregate shelter up to 135% of the shelter's designated bed capacity to provide temporary shelter to individuals experiencing homelessness if:

(a)the service provider informs the office of the need to temporarily expand the capacity limit of the shelter;

(b)the service provider requests approval from the municipality in which the congregate shelter is located to expand the shelter's capacity;

(c)the municipality in which the congregate shelter is located provides municipal consent to the service provider and the office; and

(d)the congregate shelter remains in compliance with the applicable state and local building and fire codes.

(3)Municipal consent under this section may include reasonable conditions related to public safety, coordination, or neighborhood mitigation.

(4)The authorization provided under this section does not modify any other applicable licensing, health, or safety requirements.

(5)For purposes of formula distributions made under this chapter, the number of beds operated under Subsection

(2)may be counted as tier three beds.

(6)Additional bed capacity authorized under this section may be mitigated using funds appropriated under this chapter as determined in rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(a)A congregate shelter may not operate at the expanded capacity limit described in Subsection

(2)after April 30, 2027.

(b)On or after May 1, 2027, a congregate shelter shall return to the congregate shelter's capacity limit as determined by the congregate shelter's conditional use permit unless otherwise authorized by the relevant municipality.

Enacted by Chapter 363 , 2026 General Session