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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-305

This section defines commuter rail terms and limits municipal jurisdiction over certain state, federal, and commuter-rail-related property, while allowing limited coordination and notice relief in a specific state-land…

Source excerpt

infrastructuremaintenance facilitiesparking facilitiesrail facilitiesrail projectstransport infrastructure
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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01

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“This section defines commuter rail terms and limits municipal jurisdiction over certain state, federal, and commuter-rail-related property, while allowing limited coordination and notice relief in a specific state-land disposal process.”

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State and federal property.

This section defines commuter rail terms and limits municipal jurisdiction over certain state, federal, and commuter-rail-related property, while allowing limited coordination and notice relief in a specific state-land disposal process.

Section 10-20-305

Subsection 10-20-305(1)(b)(i)

“Commuter rail facility” means a parking facility or maintenance facility related to commuter rail.

Section 10-20-305(1)(b)(i)

Subsection 10-20-305(2)(b)

Except as provided by Subsection (3), this provision refers to other real property needed to construct a commuter rail project overseen by the Department of Transportation.

Section 10-20-305(2)(b)

Subsection 10-20-305(4)(c)(ii)

An exempted government landowner requested a prospective land use regulation or general plan amendment.

Section 10-20-305(4)(c)(ii)

04

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In force source record

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

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Showing 16 of 16 provisions

Provision 10Amendment 6

Part 10-20-3

part 10-20-3 General Land Use Provisions

§ 10-20-305State and federal property.Amendment

Source excerpt

This section defines commuter rail terms and limits municipal jurisdiction over certain state, federal, and commuter-rail-related property, while allowing limited coordination and notice relief in a specific state-land disposal process.

State and federal property. As used in this section: "Commuter rail" means the same as that term is defined in Section 63N-23-101 . "Commuter rail facility" means a parking facility or maintenance facility related to commuter rail. "Commuter rail facility" does not include the rail or a station platform. Unless otherwise provided by law, nothing contained in this chapter or Chapter 21 , Municipalities and Housing Supply, may be construed as giving a municipality jurisdiction over: real property or an interest in real property owned by the state or the United States; or except as provided by Subsection (3) , other real property necessary for the construction of a commuter rail project for which the Department of Transportation has oversight and supervision. Upon completion of a commuter rail project described in Subsection (2) , including any performance of work related to warranties and latent defects, a municipality retains the jurisdiction and land use authority provided by law over the completed commuter rail facilities. As used in this Subsection (4), "exempted government landowner" means a state agency, independent entity, or regional economic development authority that has exclusive control over the management, development, and disposition of a parcel of state-owned land. Notwithstanding Subsection (2) , when an exempted government landowner intends to dispose of a parcel of state-owned land, a municipality may coordinate with the exempted government landowner to develop a prospective land use regulation or general plan amendment for the parcel in order to ensure alignment between the exempted government landowner's activity and objectives and the municipality's role as the land use authority if the parcel is conveyed to a private owner. A municipal legislative body that adopts a prospective land use regulation or amends a general plan under Subsection (4)(b) is not required to comply with the notice provisions of Part 2, Notice, the procedure specified in Section 10-20-502 , or Subsections 10-20-503(2) and (3) , if: the prospective land use regulation will govern, or the general plan amendment describes, state-owned land if that the state-owned land is transferred to private ownership; and the exempted government landowner requested the prospective land use regulation or general plan amendment.
Section 10-20-305Verify source
§ 10-20-305(1)Subsection 10-20-305(1)Provision

Source excerpt

This section defines “commuter rail” and “commuter rail facility.”

As used in this section: "Commuter rail" means the same as that term is defined in Section 63N-23-101 . "Commuter rail facility" means a parking facility or maintenance facility related to commuter rail. "Commuter rail facility" does not include the rail or a station platform.
Section 10-20-305(1)Verify source
§ 10-20-305(1)(a)Subsection 10-20-305(1)(a)Provision

Source excerpt

“Commuter rail” is defined by reference to Section 63N-23-101.

"Commuter rail" means the same as that term is defined in Section 63N-23-101 .
Section 10-20-305(1)(a)Verify source
§ 10-20-305(1)(b)Subsection 10-20-305(1)(b)Provision

Source excerpt

“Commuter rail facility” means a parking or maintenance facility related to commuter rail, but not the rail or a station platform.

"Commuter rail facility" means a parking facility or maintenance facility related to commuter rail. "Commuter rail facility" does not include the rail or a station platform.
Section 10-20-305(1)(b)Verify source
§ 10-20-305(1)(b)(i)Subsection 10-20-305(1)(b)(i)Provision

Source excerpt

“Commuter rail facility” means a parking facility or maintenance facility related to commuter rail.

"Commuter rail facility" means a parking facility or maintenance facility related to commuter rail.
Section 10-20-305(1)(b)(i)Verify source
§ 10-20-305(1)(b)(ii)Subsection 10-20-305(1)(b)(ii)Provision

Source excerpt

“Commuter rail facility” excludes the rail and a station platform.

"Commuter rail facility" does not include the rail or a station platform.
Section 10-20-305(1)(b)(ii)Verify source
§ 10-20-305(2)Subsection 10-20-305(2)Provision

Source excerpt

A municipality may not be read as having jurisdiction over certain real property, including property owned by the state or the United States and some property needed for a commuter rail project, unless another law or Subsection (3) provides otherwise.

Unless otherwise provided by law, nothing contained in this chapter or Chapter 21 , Municipalities and Housing Supply, may be construed as giving a municipality jurisdiction over: real property or an interest in real property owned by the state or the United States; or except as provided by Subsection (3) , other real property necessary for the construction of a commuter rail project for which the Department of Transportation has oversight and supervision.
Section 10-20-305(2)Verify source
§ 10-20-305(2)(a)Subsection 10-20-305(2)(a)Provision

Source excerpt

real property or an interest in real property owned by the state or the United States; or

real property or an interest in real property owned by the state or the United States; or
Section 10-20-305(2)(a)Verify source
§ 10-20-305(2)(b)Subsection 10-20-305(2)(b)Provision

Source excerpt

Except as provided by Subsection (3), this provision refers to other real property needed to construct a commuter rail project overseen by the Department of Transportation.

except as provided by Subsection (3) , other real property necessary for the construction of a commuter rail project for which the Department of Transportation has oversight and supervision.
Section 10-20-305(2)(b)Verify source
§ 10-20-305(3)Subsection 10-20-305(3)Provision

Source excerpt

A municipality keeps its legal jurisdiction and land use authority over completed commuter rail facilities.

Upon completion of a commuter rail project described in Subsection (2) , including any performance of work related to warranties and latent defects, a municipality retains the jurisdiction and land use authority provided by law over the completed commuter rail facilities.
Section 10-20-305(3)Verify source
§ 10-20-305(4)Subsection 10-20-305(4)Amendment

Source excerpt

An exempted government landowner may coordinate with a municipality on a prospective land use regulation or general plan amendment when it plans to dispose of state-owned land. If the municipal legislative body adopts that measure under the stated conditions, it does not have to follow certain notice procedures.

As used in this Subsection (4), "exempted government landowner" means a state agency, independent entity, or regional economic development authority that has exclusive control over the management, development, and disposition of a parcel of state-owned land. Notwithstanding Subsection (2) , when an exempted government landowner intends to dispose of a parcel of state-owned land, a municipality may coordinate with the exempted government landowner to develop a prospective land use regulation or general plan amendment for the parcel in order to ensure alignment between the exempted government landowner's activity and objectives and the municipality's role as the land use authority if the parcel is conveyed to a private owner. A municipal legislative body that adopts a prospective land use regulation or amends a general plan under Subsection (4)(b) is not required to comply with the notice provisions of Part 2, Notice, the procedure specified in Section 10-20-502 , or Subsections 10-20-503(2) and (3) , if: the prospective land use regulation will govern, or the general plan amendment describes, state-owned land if that the state-owned land is transferred to private ownership; and the exempted government landowner requested the prospective land use regulation or general plan amendment.
Section 10-20-305(4)Verify source
§ 10-20-305(4)(a)Subsection 10-20-305(4)(a)Provision

Source excerpt

This subsection defines “exempted government landowner.”

As used in this Subsection (4), "exempted government landowner" means a state agency, independent entity, or regional economic development authority that has exclusive control over the management, development, and disposition of a parcel of state-owned land.
Section 10-20-305(4)(a)Verify source
§ 10-20-305(4)(b)Subsection 10-20-305(4)(b)Amendment

Source excerpt

A municipality may coordinate with an exempted government landowner to develop a prospective land use regulation or general plan amendment for state-owned land, when the landowner intends to dispose of the parcel and the parcel may be conveyed to a private owner.

Notwithstanding Subsection (2) , when an exempted government landowner intends to dispose of a parcel of state-owned land, a municipality may coordinate with the exempted government landowner to develop a prospective land use regulation or general plan amendment for the parcel in order to ensure alignment between the exempted government landowner's activity and objectives and the municipality's role as the land use authority if the parcel is conveyed to a private owner.
Section 10-20-305(4)(b)Verify source
§ 10-20-305(4)(c)Subsection 10-20-305(4)(c)Amendment

Source excerpt

A municipal legislative body does not have to follow certain notice procedures when a requested prospective land use regulation or general plan amendment concerns state-owned land that would be transferred to private ownership.

A municipal legislative body that adopts a prospective land use regulation or amends a general plan under Subsection (4)(b) is not required to comply with the notice provisions of Part 2, Notice, the procedure specified in Section 10-20-502 , or Subsections 10-20-503(2) and (3) , if: the prospective land use regulation will govern, or the general plan amendment describes, state-owned land if that the state-owned land is transferred to private ownership; and the exempted government landowner requested the prospective land use regulation or general plan amendment.
Section 10-20-305(4)(c)Verify source
§ 10-20-305(4)(c)(i)Subsection 10-20-305(4)(c)(i)Amendment

Source excerpt

the prospective land use regulation will govern, or the general plan amendment describes, state-owned land if that the state-owned land is transferred to private ownership; and

the prospective land use regulation will govern, or the general plan amendment describes, state-owned land if that the state-owned land is transferred to private ownership; and
Section 10-20-305(4)(c)(i)Verify source
§ 10-20-305(4)(c)(ii)Subsection 10-20-305(4)(c)(ii)Amendment

Source excerpt

An exempted government landowner requested a prospective land use regulation or general plan amendment.

the exempted government landowner requested the prospective land use regulation or general plan amendment.
Section 10-20-305(4)(c)(ii)Verify source

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