United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-1101, 2005

Source excerpt

administrative appealadministrative appealsadministrative exhaustionappeal authoritiesappealsappeals processdistrict court reviewfeesland useland use appealsland use decisionslocal governmentmunicipal governancemunicipal ordinancemunicipal ordinancesordinance compliancevariance requestszoning

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2005
Dates: Enacted 2005

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Dates: Enacted 2005

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Purpose and legislative effect

“Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties. Subject to Subsection (1)(d) , each municipality adopting a land use ordinance shall, by ordinance, establish one or more appeal authorities.”

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Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties.

Section 10-20-1101

Subsection 10-20-1101(1)(d)

A city described in Subsection 10-20-302(5)(a)(i) may not designate its legislative body as an appeal authority starting on July 1, 2026.

Section 10-20-1101(1)(d)

Subsection 10-20-1101(3)(a)(i)

act in a quasi-judicial manner; and

Section 10-20-1101(3)(a)(i)

Subsection 10-20-1101(5)

A municipality may not: require a public hearing for a request for a variance or land use appeal; or require a land use applicant or adversely affected party to pursue successive appeals before the same or separate appeal authorities as a

Section 10-20-1101(5)

Subsection 10-20-1101(6)(d)

act only upon the vote of a majority of the convened members of the board, body, or panel.

Section 10-20-1101(6)(d)

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Source record from le.utah.gov · Enacted 2005

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Showing 31 of 31 provisions

Provision 27Interpretation 4

Part 10-20-11

part 10-20-11 Appeal Authority, Variances, and District Court Review

§ 10-20-1101Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties.Interpretation

Source excerpt

Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties. Subject to Subsection (1)(d) , each municipality adopting a land use ordinance shall, by ordinance, establish one or more appeal authorities. An appeal authority described in Subsection (1)(a) shall hear and decide: requests for a variance from a land use ordinance; appeals from a land use decision applying a land use ordinance; and appeals from a fee charged in accordance with Section 10-20-904 . An appeal authority described in Subsection (1)(a) may not hear an appeal from the enactment of a land use regulation. Beginning on July 1, 2026, a city described in Subsection 10-20-302(5)(a)(i) may not designate the city's legislative body as an appeal authority. Notwithstanding Subsection (1)(d) , a legislative body shall continue to be the appeal authority for an appeal if: a land use ordinance designated the legislative body as the appeal authority when the appellant filed the appeal; and the appellant filed the appeal on or before June 30, 2026. As a condition precedent to judicial review, each adversely affected party or land use applicant shall timely and specifically challenge a land use authority's land use decision, in accordance with local ordinance. An appeal authority described in Subsection (1)(a) : shall: act in a quasi-judicial manner; and serve as the final arbiter of issues involving the interpretation or application of a land use ordinance; and may not entertain an appeal of a matter in which the appeal authority, or any participating member, had first acted as the land use authority. By ordinance, a municipality may: designate a separate appeal authority to hear requests for variances than the appeal authority the municipality designates to hear appeals; designate one or more separate appeal authorities to hear distinct types of appeals of land use authority decisions; require an adversely affected party to present to an appeal authority every theory of relief that the adversely affected party can raise in district court; and provide that specified types of land use decisions may be appealed directly to the district court. A municipality may not: require a public hearing for a request for a variance or land use appeal; or require a land use applicant or adversely affected party to pursue successive appeals before the same or separate appeal authorities as a condition of an appealing party's duty to exhaust administrative remedies. If the municipality establishes or, before the effective date of this chapter, has established a multiperson board, body, or panel to act as an appeal authority, at a minimum the board, body, or panel shall: notify each of the members of the board, body, or panel of any meeting or hearing of the board, body, or panel; provide each of the members of the board, body, or panel with the same information and access to municipal resources as any other member; convene only if a quorum of the members of the board, body, or panel is present; and act only upon the vote of a majority of the convened members of the board, body, or panel.

Section 10-20-1101Verify source

§ 10-20-1101(1)Subsection 10-20-1101(1)Provision

Source excerpt

Municipalities adopting a land use ordinance must establish one or more appeal authorities. Those authorities must hear certain variances, land use decisions, and fee appeals, but may not hear appeals from the enactment of a land use regulation.

Subject to Subsection (1)(d) , each municipality adopting a land use ordinance shall, by ordinance, establish one or more appeal authorities. An appeal authority described in Subsection (1)(a) shall hear and decide: requests for a variance from a land use ordinance; appeals from a land use decision applying a land use ordinance; and appeals from a fee charged in accordance with Section 10-20-904 . An appeal authority described in Subsection (1)(a) may not hear an appeal from the enactment of a land use regulation. Beginning on July 1, 2026, a city described in Subsection 10-20-302(5)(a)(i) may not designate the city's legislative body as an appeal authority. Notwithstanding Subsection (1)(d) , a legislative body shall continue to be the appeal authority for an appeal if: a land use ordinance designated the legislative body as the appeal authority when the appellant filed the appeal; and the appellant filed the appeal on or before June 30, 2026.

Section 10-20-1101(1)Verify source

§ 10-20-1101(1)(a)Subsection 10-20-1101(1)(a)Provision

Source excerpt

A municipality that adopts a land use ordinance must establish one or more appeal authorities by ordinance, subject to Subsection (1)(d).

Subject to Subsection (1)(d) , each municipality adopting a land use ordinance shall, by ordinance, establish one or more appeal authorities.

Section 10-20-1101(1)(a)Verify source

§ 10-20-1101(1)(b)Subsection 10-20-1101(1)(b)Provision

Source excerpt

An appeal authority described in Subsection (1)(a) must hear and decide requests for a variance from a land use ordinance, appeals from a land use decision applying a land use ordinance, and appeals from a fee charged under Section 10-20-904.

An appeal authority described in Subsection (1)(a) shall hear and decide: requests for a variance from a land use ordinance; appeals from a land use decision applying a land use ordinance; and appeals from a fee charged in accordance with Section 10-20-904 .

Section 10-20-1101(1)(b)Verify source

§ 10-20-1101(1)(b)(i)Subsection 10-20-1101(1)(b)(i)Provision

Source excerpt

requests for a variance from a land use ordinance;

Section 10-20-1101(1)(b)(i)Verify source

§ 10-20-1101(1)(b)(ii)Subsection 10-20-1101(1)(b)(ii)Provision

Source excerpt

appeals from a land use decision applying a land use ordinance; and

Section 10-20-1101(1)(b)(ii)Verify source

§ 10-20-1101(1)(b)(iii)Subsection 10-20-1101(1)(b)(iii)Provision

Source excerpt

appeals from a fee charged in accordance with Section 10-20-904 .

Section 10-20-1101(1)(b)(iii)Verify source

§ 10-20-1101(1)(c)Subsection 10-20-1101(1)(c)Provision

Source excerpt

An appeal authority described in Subsection (1)(a) may not hear an appeal from the enactment of a land use regulation.

Section 10-20-1101(1)(c)Verify source

§ 10-20-1101(1)(d)Subsection 10-20-1101(1)(d)Provision

Source excerpt

A city described in Subsection 10-20-302(5)(a)(i) may not designate its legislative body as an appeal authority starting on July 1, 2026.

Beginning on July 1, 2026, a city described in Subsection 10-20-302(5)(a)(i) may not designate the city's legislative body as an appeal authority.

Section 10-20-1101(1)(d)Verify source

§ 10-20-1101(1)(e)Subsection 10-20-1101(1)(e)Provision

Source excerpt

A legislative body remains the appeal authority for an appeal if the land use ordinance named it as the appeal authority when the appeal was filed and the appeal was filed on or before June 30, 2026.

Notwithstanding Subsection (1)(d) , a legislative body shall continue to be the appeal authority for an appeal if: a land use ordinance designated the legislative body as the appeal authority when the appellant filed the appeal; and the appellant filed the appeal on or before June 30, 2026.

Section 10-20-1101(1)(e)Verify source

§ 10-20-1101(1)(e)(i)Subsection 10-20-1101(1)(e)(i)Provision

Source excerpt

The land use ordinance made the legislative body the appeal authority when the appellant filed the appeal.

a land use ordinance designated the legislative body as the appeal authority when the appellant filed the appeal; and

Section 10-20-1101(1)(e)(i)Verify source

§ 10-20-1101(1)(e)(ii)Subsection 10-20-1101(1)(e)(ii)Provision

Source excerpt

the appellant filed the appeal on or before June 30, 2026.

Section 10-20-1101(1)(e)(ii)Verify source

§ 10-20-1101(2)Subsection 10-20-1101(2)Provision

Source excerpt

Before judicial review, an adversely affected party or land use applicant must timely and specifically challenge the land use authority’s decision, following local ordinance.

As a condition precedent to judicial review, each adversely affected party or land use applicant shall timely and specifically challenge a land use authority's land use decision, in accordance with local ordinance.

Section 10-20-1101(2)Verify source

§ 10-20-1101(3)Subsection 10-20-1101(3)Interpretation

Source excerpt

An appeal authority described in Subsection (1)(a) must act in a quasi-judicial manner and serve as the final arbiter of issues involving the interpretation or application of a land use ordinance, and may not hear an appeal where it or a participating member first acted as the land use authority.

An appeal authority described in Subsection (1)(a) : shall: act in a quasi-judicial manner; and serve as the final arbiter of issues involving the interpretation or application of a land use ordinance; and may not entertain an appeal of a matter in which the appeal authority, or any participating member, had first acted as the land use authority.

Section 10-20-1101(3)Verify source

§ 10-20-1101(3)(a)Subsection 10-20-1101(3)(a)Interpretation

Source excerpt

A duty is stated to act in a quasi-judicial manner and serve as the final arbiter of issues involving interpretation or application of a land use ordinance.

shall: act in a quasi-judicial manner; and serve as the final arbiter of issues involving the interpretation or application of a land use ordinance; and

Section 10-20-1101(3)(a)Verify source

§ 10-20-1101(3)(a)(i)Subsection 10-20-1101(3)(a)(i)Provision

Source excerpt

act in a quasi-judicial manner; and

Section 10-20-1101(3)(a)(i)Verify source

§ 10-20-1101(3)(a)(ii)Subsection 10-20-1101(3)(a)(ii)Interpretation

Source excerpt

serve as the final arbiter of issues involving the interpretation or application of a land use ordinance; and

Section 10-20-1101(3)(a)(ii)Verify source

§ 10-20-1101(3)(b)Subsection 10-20-1101(3)(b)Provision

Source excerpt

The appeal authority may not hear an appeal if it, or any participating member, previously acted as the land use authority in the same matter.

may not entertain an appeal of a matter in which the appeal authority, or any participating member, had first acted as the land use authority.

Section 10-20-1101(3)(b)Verify source

§ 10-20-1101(4)Subsection 10-20-1101(4)Provision

Source excerpt

A municipality may adopt an ordinance that sets up different appeal authorities and appeal routes for land use matters.

By ordinance, a municipality may: designate a separate appeal authority to hear requests for variances than the appeal authority the municipality designates to hear appeals; designate one or more separate appeal authorities to hear distinct types of appeals of land use authority decisions; require an adversely affected party to present to an appeal authority every theory of relief that the adversely affected party can raise in district court; and provide that specified types of land use decisions may be appealed directly to the district court.

Section 10-20-1101(4)Verify source

§ 10-20-1101(4)(a)Subsection 10-20-1101(4)(a)Provision

Source excerpt

The municipality must designate a separate appeal authority for variance requests from the appeal authority used for appeals.

designate a separate appeal authority to hear requests for variances than the appeal authority the municipality designates to hear appeals;

Section 10-20-1101(4)(a)Verify source

§ 10-20-1101(4)(b)Subsection 10-20-1101(4)(b)Provision

Source excerpt

An unspecified actor must designate one or more separate appeal authorities for distinct types of appeals of land use authority decisions.

designate one or more separate appeal authorities to hear distinct types of appeals of land use authority decisions;

Section 10-20-1101(4)(b)Verify source

§ 10-20-1101(4)(c)Subsection 10-20-1101(4)(c)Provision

Source excerpt

An adversely affected party must present to the appeal authority every theory of relief the party can raise in district court.

require an adversely affected party to present to an appeal authority every theory of relief that the adversely affected party can raise in district court; and

Section 10-20-1101(4)(c)Verify source

§ 10-20-1101(4)(d)Subsection 10-20-1101(4)(d)Provision

Source excerpt

Some specified land use decisions may be appealed directly to district court.

provide that specified types of land use decisions may be appealed directly to the district court.

Section 10-20-1101(4)(d)Verify source

§ 10-20-1101(5)Subsection 10-20-1101(5)Provision

Source excerpt

Section 10-20-1101(5)Verify source

§ 10-20-1101(5)(a)Subsection 10-20-1101(5)(a)Provision

Source excerpt

require a public hearing for a request for a variance or land use appeal; or

Section 10-20-1101(5)(a)Verify source

§ 10-20-1101(5)(b)Subsection 10-20-1101(5)(b)Provision

Source excerpt

A land use applicant or adversely affected party must pursue successive appeals before the same or separate appeal authorities as part of exhausting administrative remedies.

require a land use applicant or adversely affected party to pursue successive appeals before the same or separate appeal authorities as a condition of an appealing party's duty to exhaust administrative remedies.

Section 10-20-1101(5)(b)Verify source

§ 10-20-1101(6)Subsection 10-20-1101(6)Provision

Source excerpt

If a municipality uses a multiperson appeal-authority board, body, or panel, it must notify all members of meetings or hearings, give each member the same information and municipal-resource access, convene only with a quorum present, and act only by majority vote of those convened.

If the municipality establishes or, before the effective date of this chapter, has established a multiperson board, body, or panel to act as an appeal authority, at a minimum the board, body, or panel shall: notify each of the members of the board, body, or panel of any meeting or hearing of the board, body, or panel; provide each of the members of the board, body, or panel with the same information and access to municipal resources as any other member; convene only if a quorum of the members of the board, body, or panel is present; and act only upon the vote of a majority of the convened members of the board, body, or panel.

Section 10-20-1101(6)Verify source

§ 10-20-1101(6)(a)Subsection 10-20-1101(6)(a)Provision

Source excerpt

Each member of the board, body, or panel must be notified of any meeting or hearing.

notify each of the members of the board, body, or panel of any meeting or hearing of the board, body, or panel;

Section 10-20-1101(6)(a)Verify source

§ 10-20-1101(6)(b)Subsection 10-20-1101(6)(b)Provision

Source excerpt

The board, body, or panel must give each member the same information and access to municipal resources as any other member.

provide each of the members of the board, body, or panel with the same information and access to municipal resources as any other member;

Section 10-20-1101(6)(b)Verify source

§ 10-20-1101(6)(c)Subsection 10-20-1101(6)(c)Provision

Source excerpt

convene only if a quorum of the members of the board, body, or panel is present; and

Section 10-20-1101(6)(c)Verify source

§ 10-20-1101(6)(d)Subsection 10-20-1101(6)(d)Provision

Source excerpt

act only upon the vote of a majority of the convened members of the board, body, or panel.

Section 10-20-1101(6)(d)Verify source

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Utah Code § 10-20-1101, 2005

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