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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-1107

A municipality may set by ordinance how factual issues are reviewed on appeal. If it does not, the appeal authority reviews facts de novo. If review is on the record, the appeal authority checks for substantial evidence.…

Source excerpt

appeal authorityappeal review processappealsapplication reviewland useland use appealsland use regulationland use regulation interpretationlocal governmentlocal government decision-makingreview standards
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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01

Purpose and legislative effect

“A municipality may set by ordinance how factual issues are reviewed on appeal. If it does not, the appeal authority reviews facts de novo. If review is on the record, the appeal authority checks for substantial evidence. The appeal authority must also apply land use regulations by their plain meaning and favor a land u”

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Subsection 10-20-1107(3)

If factual review is on the record, the appeal authority must determine whether the record on appeal contains substantial evidence for each essential finding of fact.

Section 10-20-1107(3)

Subsection 10-20-1107(5)

A legislative body may act as an appeal authority, but a city legislative body in the described category may not do so on or after July 1, 2026 unless the ordinance and filing-date conditions are met.

Section 10-20-1107(5)

Subsection 10-20-1107(5)(c)

Starting July 1, 2026, the legislative body of certain cities may not act as an appeal authority unless a land use ordinance had designated it as the appeal authority when the appeal was filed and the appeal was filed by June 30, 2026.

Section 10-20-1107(5)(c)

Subsection 10-20-1107(6)

Only a decision in which a land use authority has applied a land use regulation to a particular land use application, person, or parcel may be appealed to an appeal authority.

Section 10-20-1107(6)

04

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Source record from le.utah.gov · Legal dates not recorded

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Showing 14 of 14 provisions

Provision 11Interpretation 3

Part 10-20-11

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

§ 10-20-1107Scope of review of factual matters on appeal -- Appeal authority requirements.Interpretation

Source excerpt

A municipality may set by ordinance how factual issues are reviewed on appeal. If it does not, the appeal authority reviews facts de novo. If review is on the record, the appeal authority checks for substantial evidence. The appeal authority must also apply land use regulations by their plain meaning and favor a land use application unless the regulation plainly restricts it. Some legislative bodies may serve as appeal authorities, but a city legislative body described here generally may not do so from July 1, 2026 unless the listed filing and ordinance conditions are met.

Scope of review of factual matters on appeal -- Appeal authority requirements. A municipality may, by ordinance, designate the scope of review of factual matters for appeals of land use authority decisions. If the municipality fails to designate a scope of review of factual matters, the appeal authority shall review the factual matters de novo, without deference to the land use authority's determination of the factual matters. If the scope of review of factual matters is on the record, the appeal authority shall determine whether the record on appeal includes substantial evidence for each essential finding of fact. The appeal authority shall: determine the correctness of the land use authority's interpretation and application of the plain meaning of the land use regulations; and interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application. An appeal authority's land use decision is a quasi-judicial act. Except as provided in Subsection (5)(c) , a legislative body may act as an appeal authority unless both the legislative body and the appealing party agree to allow a third party to act as the appeal authority. Beginning on July 1, 2026, the legislative body of a city described in Subsection 10-20-302(5)(a)(i) may not act as an appeal authority unless: 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. Only a decision in which a land use authority has applied a land use regulation to a particular land use application, person, or parcel may be appealed to an appeal authority.
Section 10-20-1107Verify source
§ 10-20-1107(1)Subsection 10-20-1107(1)Provision

Source excerpt

A municipality may, by ordinance, set the scope of factual review for appeals of land use authority decisions.

A municipality may, by ordinance, designate the scope of review of factual matters for appeals of land use authority decisions.
Section 10-20-1107(1)Verify source
§ 10-20-1107(2)Subsection 10-20-1107(2)Provision

Source excerpt

If the municipality does not set a scope of review for factual matters, the appeal authority must review those facts de novo, without deference to the land use authority.

If the municipality fails to designate a scope of review of factual matters, the appeal authority shall review the factual matters de novo, without deference to the land use authority's determination of the factual matters.
Section 10-20-1107(2)Verify source
§ 10-20-1107(3)Subsection 10-20-1107(3)Provision

Source excerpt

If factual review is on the record, the appeal authority must determine whether the record on appeal contains substantial evidence for each essential finding of fact.

If the scope of review of factual matters is on the record, the appeal authority shall determine whether the record on appeal includes substantial evidence for each essential finding of fact.
Section 10-20-1107(3)Verify source
§ 10-20-1107(4)Subsection 10-20-1107(4)Interpretation

Source excerpt

The appeal authority must decide whether the land use authority correctly interpreted and applied the plain meaning of the land use regulations, and it must interpret and apply a regulation in favor of a land use application unless the regulation plainly restricts it.

The appeal authority shall: determine the correctness of the land use authority's interpretation and application of the plain meaning of the land use regulations; and interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
Section 10-20-1107(4)Verify source
§ 10-20-1107(4)(a)Subsection 10-20-1107(4)(a)Interpretation

Source excerpt

determine the correctness of the land use authority's interpretation and application of the plain meaning of the land use regulations; and

determine the correctness of the land use authority's interpretation and application of the plain meaning of the land use regulations; and
Section 10-20-1107(4)(a)Verify source
§ 10-20-1107(4)(b)Subsection 10-20-1107(4)(b)Provision

Source excerpt

interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.

interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
Section 10-20-1107(4)(b)Verify source
§ 10-20-1107(5)Subsection 10-20-1107(5)Provision

Source excerpt

A legislative body may act as an appeal authority, but a city legislative body in the described category may not do so on or after July 1, 2026 unless the ordinance and filing-date conditions are met.

An appeal authority's land use decision is a quasi-judicial act. Except as provided in Subsection (5)(c) , a legislative body may act as an appeal authority unless both the legislative body and the appealing party agree to allow a third party to act as the appeal authority. Beginning on July 1, 2026, the legislative body of a city described in Subsection 10-20-302(5)(a)(i) may not act as an appeal authority unless: 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 10-20-1107(5)Verify source
§ 10-20-1107(5)(a)Subsection 10-20-1107(5)(a)Provision

Source excerpt

An appeal authority's land use decision is a quasi-judicial act.

An appeal authority's land use decision is a quasi-judicial act.
Section 10-20-1107(5)(a)Verify source
§ 10-20-1107(5)(b)Subsection 10-20-1107(5)(b)Provision

Source excerpt

A legislative body may act as an appeal authority, except as provided in Subsection (5)(c) and unless both the legislative body and the appealing party agree to use a third party.

Except as provided in Subsection (5)(c) , a legislative body may act as an appeal authority unless both the legislative body and the appealing party agree to allow a third party to act as the appeal authority.
Section 10-20-1107(5)(b)Verify source
§ 10-20-1107(5)(c)Subsection 10-20-1107(5)(c)Provision

Source excerpt

Starting July 1, 2026, the legislative body of certain cities may not act as an appeal authority unless a land use ordinance had designated it as the appeal authority when the appeal was filed and the appeal was filed by June 30, 2026.

Beginning on July 1, 2026, the legislative body of a city described in Subsection 10-20-302(5)(a)(i) may not act as an appeal authority unless: 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 10-20-1107(5)(c)Verify source
§ 10-20-1107(5)(c)(i)Subsection 10-20-1107(5)(c)(i)Provision

Source excerpt

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

a land use ordinance designated the legislative body as the appeal authority when the appellant filed the appeal; and
Section 10-20-1107(5)(c)(i)Verify source
§ 10-20-1107(5)(c)(ii)Subsection 10-20-1107(5)(c)(ii)Provision

Source excerpt

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

the appellant filed the appeal on or before June 30, 2026.
Section 10-20-1107(5)(c)(ii)Verify source
§ 10-20-1107(6)Subsection 10-20-1107(6)Provision

Source excerpt

Only a decision in which a land use authority has applied a land use regulation to a particular land use application, person, or parcel may be appealed to an appeal authority.

Only a decision in which a land use authority has applied a land use regulation to a particular land use application, person, or parcel may be appealed to an appeal authority.
Section 10-20-1107(6)Verify source

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