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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-604, 2025

A municipality may not require a private person or entity to maintain a public access amenity or water utility forever, unless the property is adjacent to the private property or the person or entity agreed to do so in…

Source excerpt

definitionsmunicipal designationmunicipal regulationproperty maintenancepublic accesspublic access amenitiessewersewer serviceutilitieswaterwater servicewater utilities
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 2025
Dates
Enacted 2025
More statute details
Dates
Enacted 2025
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01

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“A municipality may not require a private person or entity to maintain a public access amenity or water utility forever, unless the property is adjacent to the private property or the person or entity agreed to do so in an agreement.”

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Private maintenance of public access amenities prohibited.

A municipality may not require a private person or entity to maintain a public access amenity or water utility forever, unless the property is adjacent to the private property or the person or entity agreed to do so in an agreement.

Section 10-20-604

Subsection 10-20-604(1)(d)

“Water utility” means a main line or other integral part of a sewer or water utility service, but not a retail water line, privately owned water utility, or sewer lateral.

Section 10-20-604(1)(d)

Subsection 10-20-604(2)

A municipality generally may not require a private individual or entity to maintain and be responsible for a public access amenity or water utility forever, unless one of the stated exceptions applies.

Section 10-20-604(2)

Subsection 10-20-604(2)(b)

A private individual or entity may agree, in a covenant or similar agreement with a municipality, to maintain or be responsible for a public access amenity or water utility in perpetuity.

Section 10-20-604(2)(b)

04

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In force source record

Source record from le.utah.gov · Enacted 2025

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Showing 11 of 11 provisions

Provision 11

Part 10-20-6

part 10-20-6 Land Use Regulations - Particular Situations

§ 10-20-604Private maintenance of public access amenities prohibited.Provision

Source excerpt

A municipality may not require a private person or entity to maintain a public access amenity or water utility forever, unless the property is adjacent to the private property or the person or entity agreed to do so in an agreement.

Private maintenance of public access amenities prohibited. As used in this section: "Public access amenity" means a physical feature like a trail or recreation area that a municipality designates for public access and use. "Retail water line" means the same as that term is defined in Section 11-8-4 . "Sewer lateral" means the same as that term is defined in Section 11-8-4 . "Water utility" means a main line or other integral part of a sewer or water utility service. "Water utility" does not include a retail water line, privately owned water utility, or sewer lateral. A municipality may not require a private individual or entity, including a community association or homeowners association, to maintain and be responsible for a public access amenity or water utility in perpetuity unless: the public access amenity is the property located adjacent to the private property owned by the private individual or entity to the curb line of the street, including park strips and sidewalks; or the private individual or entity agreed to maintain or be responsible for the public access amenity or water utility in perpetuity in a covenant, utility service agreement, development agreement, or other agreement between the municipality and the private individual or entity.
Section 10-20-604Verify source
§ 10-20-604(1)Subsection 10-20-604(1)Provision

Source excerpt

This subsection defines several terms used in the section, including “public access amenity” and “water utility,” and excludes certain items from “water utility.”

As used in this section: "Public access amenity" means a physical feature like a trail or recreation area that a municipality designates for public access and use. "Retail water line" means the same as that term is defined in Section 11-8-4 . "Sewer lateral" means the same as that term is defined in Section 11-8-4 . "Water utility" means a main line or other integral part of a sewer or water utility service. "Water utility" does not include a retail water line, privately owned water utility, or sewer lateral.
Section 10-20-604(1)Verify source
§ 10-20-604(1)(a)Subsection 10-20-604(1)(a)Provision

Source excerpt

‘Public access amenity’ means a physical feature, such as a trail or recreation area, that a municipality designates for public access and use.

"Public access amenity" means a physical feature like a trail or recreation area that a municipality designates for public access and use.
Section 10-20-604(1)(a)Verify source
§ 10-20-604(1)(b)Subsection 10-20-604(1)(b)Provision

Source excerpt

“Retail water line” has the same meaning as in Section 11-8-4.

"Retail water line" means the same as that term is defined in Section 11-8-4 .
Section 10-20-604(1)(b)Verify source
§ 10-20-604(1)(c)Subsection 10-20-604(1)(c)Provision

Source excerpt

"Sewer lateral" means the same as that term is defined in Section 11-8-4 .

"Sewer lateral" means the same as that term is defined in Section 11-8-4 .
Section 10-20-604(1)(c)Verify source
§ 10-20-604(1)(d)Subsection 10-20-604(1)(d)Provision

Source excerpt

“Water utility” means a main line or other integral part of a sewer or water utility service, but not a retail water line, privately owned water utility, or sewer lateral.

"Water utility" means a main line or other integral part of a sewer or water utility service. "Water utility" does not include a retail water line, privately owned water utility, or sewer lateral.
Section 10-20-604(1)(d)Verify source
§ 10-20-604(1)(d)(i)Subsection 10-20-604(1)(d)(i)Provision

Source excerpt

"Water utility" means a main line or other integral part of a sewer or water utility service.

"Water utility" means a main line or other integral part of a sewer or water utility service.
Section 10-20-604(1)(d)(i)Verify source
§ 10-20-604(1)(d)(ii)Subsection 10-20-604(1)(d)(ii)Provision

Source excerpt

“Water utility” excludes a retail water line, privately owned water utility, and sewer lateral.

"Water utility" does not include a retail water line, privately owned water utility, or sewer lateral.
Section 10-20-604(1)(d)(ii)Verify source
§ 10-20-604(2)Subsection 10-20-604(2)Provision

Source excerpt

A municipality generally may not require a private individual or entity to maintain and be responsible for a public access amenity or water utility forever, unless one of the stated exceptions applies.

A municipality may not require a private individual or entity, including a community association or homeowners association, to maintain and be responsible for a public access amenity or water utility in perpetuity unless: the public access amenity is the property located adjacent to the private property owned by the private individual or entity to the curb line of the street, including park strips and sidewalks; or the private individual or entity agreed to maintain or be responsible for the public access amenity or water utility in perpetuity in a covenant, utility service agreement, development agreement, or other agreement between the municipality and the private individual or entity.
Section 10-20-604(2)Verify source
§ 10-20-604(2)(a)Subsection 10-20-604(2)(a)Provision

Source excerpt

This text defines a “public access amenity” as certain property adjacent to private property up to the curb line of the street, including park strips and sidewalks.

the public access amenity is the property located adjacent to the private property owned by the private individual or entity to the curb line of the street, including park strips and sidewalks; or
Section 10-20-604(2)(a)Verify source
§ 10-20-604(2)(b)Subsection 10-20-604(2)(b)Provision

Source excerpt

A private individual or entity may agree, in a covenant or similar agreement with a municipality, to maintain or be responsible for a public access amenity or water utility in perpetuity.

the private individual or entity agreed to maintain or be responsible for the public access amenity or water utility in perpetuity in a covenant, utility service agreement, development agreement, or other agreement between the municipality and the private individual or entity.
Section 10-20-604(2)(b)Verify source

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