RAPID/BulkTransmission/Utah/Land Use

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RAPID

Regulatory and Permitting Information Desktop Toolkit

Utah Bulk Transmission Land Use Planning(1-UT)

Under UC sec. 10-9a-101, land use planning in Utah is delegated to municipalities. Municipal general plans must include a land use element.

Local Process
Under state law, Utah counties and municipalities are given authority to regulate the use of land within their jurisdiction.[1] State Statutes give local governments (counties/municipalities) the authorization to:

"…enact all ordinances, resolutions, and rules and may enter into other forms of land use controls and development agreements that they consider necessary or appropriate for the use and development of land within the municipality or county, including ordinances, resolutions, rules, restrictive covenants, easements, and development agreements governing uses, including public facilities, unless expressly prohibited by law.” [2]

An applicant proposing a utility project is entitled to approval of a land use application if the application conforms to the requirements of the local governments zoning and land use ordinances.[3] Local land use authorities retain the right to deny a land use application if it is found that the public interest would be jeopardized by approving the application; or if the municipality has formally initiated proceedings to amend its ordinance in such a way as to prohibit approval of the application as submitted.[4] A local government’s land use ordinance may include conditional uses and provisions for conditional uses that require compliance with standards set forth in an applicable ordinance.[5] [6] A conditional use may be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use, If detrimental effects cannot be substantially mitigated or compliance achieved through reasonable conditions, then the permit may be denied.[7][8] The conditional use permit process varies by local government.

Siting of High Voltage Power Line Act

For proponents wishing to construct a high voltage power line that is subject to the Act, they must submit a notice of intent and conduct public workshops prior to applying for local government land use permits.[9] High voltage power lines subject to the Act include lines that are 230kV or greater and an upgraded lines (which are existing transmission lines whose voltage is increased to 230kV or more).[10]

More Information

Determine Which State and Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.

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List of Reference Sources

  1. U.C.A. 17-27a (2014).
  2. U.C.A. 10-9a (2014). 102(2)
  3. U.C.A. 10-9a (2014). 509(1)(a)
  4. U.C.A. 10-9a (2014). 509(1)(a)(i)(ii)
  5. U.C.A. 10-9a (2014). 507(1)
  6. U.C.A. 17-27a (2014). 506(1)
  7. U.C.A. 10-9a (2014). 507(2)(a)
  8. U.C.A. 17-27a (2014). 506(2)
  9. U.C.A. 54-18 (2014). 101
  10. U.C.A. 54-18 (2014). 102(4)
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