53-30-301. Improvements -- Legal remedies.

289 words·~1 min read·/ut/title-53/chapter-30/53-30-301

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

Effective 5/7/2025

(1)No later than two years after the day on which a certifying officer issues a protection certificate, the protected person may submit to the applicable land use authority a copy of the protection certificate, together with a building permit application, for the construction of one or more security improvements identified in the protection certificate.

(a)Upon receipt of a building permit application for the construction of a security improvement, the land use authority shall:

(i)review the building permit application for the sole purpose of determining compliance with Title 15A, State Construction and Fire Codes Act; and

(ii)issue a building permit authorizing the construction if the application complies with Title 15A, State Construction and Fire Codes Act.

(b)If a building permit application for the construction of a security improvement complies with Title 15A, State Construction and Fire Codes Act, the land use authority shall authorize construction.

(3)A security improvement is not subject to county or municipal land use regulations, except for regulations regarding the exterior of a building that are imposed under Subsection 53-29-201(2)(b) .

(a)If a municipality or county unlawfully conditions, delays, or denies a building permit for a security improvement, the protected person may challenge the municipality's or county's action in court.

(b)In an action under this Subsection

(4), the court shall allow a party to file documents under seal to preserve the confidentiality of the security improvement.

(c)A building permit application for the construction of a security improvement is not subject to Section 10-6-160 or 17-36-55 .

Enacted by Chapter 364 , 2025 General Session

Technically renumbered to avoid duplication of newly enacted code also in SB0041, Chapter 291.