United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-620

Municipalities near military land must create and maintain a compatible use plan, and must notify the department before approving certain nearby land use applications.

Source excerpt

compatibility reviewcompatible use plandefinitionsdevelopment approvalsland useland-use application processingmilitary adjacencymilitary landmilitary land noticemunicipal approvalmunicipal processing

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“Municipalities near military land must create and maintain a compatible use plan, and must notify the department before approving certain nearby land use applications.”

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Land use compatibility with military use.

Municipalities near military land must create and maintain a compatible use plan, and must notify the department before approving certain nearby land use applications.

Section 10-20-620

Subsection 10-20-620(1)(c)(ii)

Hill Air Force Base;

Section 10-20-620(1)(c)(ii)

Subsection 10-20-620(1)(c)(ix)

Little Mountain Test Facility.

Section 10-20-620(1)(c)(ix)

Subsection 10-20-620(4)(a)

If the department receives the notice described in Subsection (3), the executive director must decide whether the proposed land use is compatible with the military use of the relevant military land and must respond in writing to the municipality within 90…

Section 10-20-620(4)(a)

Subsection 10-20-620(5)

If the department gets the required notice before the municipality finishes the compatible use plan, it must consult with the municipality and relevant military land representatives to decide whether the proposed land use is compatible.

Section 10-20-620(5)

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

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Showing 26 of 26 provisions

Provision 26

Part 10-20-6

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

§ 10-20-620Land use compatibility with military use.Provision

Source excerpt

Municipalities near military land must create and maintain a compatible use plan, and must notify the department before approving certain nearby land use applications.

Land use compatibility with military use. As used in this section: "Department" means the Department of Veterans and Military Affairs. "Military" means a branch of the armed forces of the United States, including the Utah National Guard. "Military land" means the following land or facilities: Camp Williams; Hill Air Force Base; Dugway Proving Ground; Tooele Army Depot; Utah Test and Training Range; Nephi Readiness Center; Cedar City Alternate Flight Facility; Naval Industrial Reserve Ordnance Plant; or Little Mountain Test Facility. Except as provided in Subsection (2)(b) , on or before July 1, 2025, for any area in a municipality within 5,000 feet of a boundary of military land, a municipality shall, in consultation with the department, develop and maintain a compatible use plan to ensure permitted uses and conditional uses relevant to the military land are compatible with the military operations on military land. A municipality that has a compatible use plan as of January 1, 2023, is not required to develop a new compatible use plan. If a municipality receives a land use application related to land within 5,000 feet of a boundary of military land, before the municipality may approve the land use application, the municipality shall notify the department in writing. If the department receives the notice described in Subsection (3) , the executive director of the department shall: determine whether the proposed land use is compatible with the military use of the relevant military land; and within 90 days after the receipt of the notice described in Subsection (3) , respond in writing to the municipality regarding the determination of compatibility described in Subsection (4)(a)(i) . For a land use application pertaining to a parcel within 5,000 feet of military land that may have an adverse effect on the operations of the military installation, except as provided in Subsection (4)(b)(ii) , the municipality shall consider the compatible use plan in processing the land use application. For a land use application pertaining to a parcel within 5,000 feet of military land that may have an adverse effect on the operations of the military installation, if the applicant has a vested right, the municipality is not required to consider the compatible land use plan in consideration of the land use application. If the department receives the notice described in Subsection (3) before the municipality has completed the compatible use plan as described in this section, the department shall consult with the municipality and representatives of the relevant military land to determine whether the use proposed in the land use application is a compatible use.

Section 10-20-620Verify source

§ 10-20-620(1)Subsection 10-20-620(1)Provision

Source excerpt

As used in this section: "Department" means the Department of Veterans and Military Affairs. "Military" means a branch of the armed forces of the United States, including the Utah National Guard. "Military land" means the following land or facilities: Camp Williams; Hill Air Force Base; Dugway Proving Ground; Tooele Army Depot; Utah Test and Training Range; Nephi Readiness Center; Cedar City Alternate Flight Facility; Naval Industrial Reserve Ordnance Plant; or Little Mountain Test Facility.

Section 10-20-620(1)Verify source

§ 10-20-620(1)(a)Subsection 10-20-620(1)(a)Provision

Source excerpt

"Department" means the Department of Veterans and Military Affairs.

Section 10-20-620(1)(a)Verify source

§ 10-20-620(1)(b)Subsection 10-20-620(1)(b)Provision

Source excerpt

“Military” means a branch of the armed forces of the United States, including the Utah National Guard.

"Military" means a branch of the armed forces of the United States, including the Utah National Guard.

Section 10-20-620(1)(b)Verify source

§ 10-20-620(1)(c)Subsection 10-20-620(1)(c)Provision

Source excerpt

“Military land” is defined to include Camp Williams, Hill Air Force Base, Dugway Proving Ground, Tooele Army Depot, Utah Test and Training Range, Nephi Readiness Center, Cedar City Alternate Flight Facility, Naval Industrial Reserve Ordnance Plant, and Little Mountain Test Facility.

"Military land" means the following land or facilities: Camp Williams; Hill Air Force Base; Dugway Proving Ground; Tooele Army Depot; Utah Test and Training Range; Nephi Readiness Center; Cedar City Alternate Flight Facility; Naval Industrial Reserve Ordnance Plant; or Little Mountain Test Facility.

Section 10-20-620(1)(c)Verify source

§ 10-20-620(1)(c)(i)Subsection 10-20-620(1)(c)(i)Provision

Source excerpt

Camp Williams;

Section 10-20-620(1)(c)(i)Verify source

§ 10-20-620(1)(c)(ii)Subsection 10-20-620(1)(c)(ii)Provision

Source excerpt

Hill Air Force Base;

Section 10-20-620(1)(c)(ii)Verify source

§ 10-20-620(1)(c)(iii)Subsection 10-20-620(1)(c)(iii)Provision

Source excerpt

Dugway Proving Ground;

Section 10-20-620(1)(c)(iii)Verify source

§ 10-20-620(1)(c)(iv)Subsection 10-20-620(1)(c)(iv)Provision

Source excerpt

Mentions Tooele Army Depot.

Tooele Army Depot;

Section 10-20-620(1)(c)(iv)Verify source

§ 10-20-620(1)(c)(v)Subsection 10-20-620(1)(c)(v)Provision

Source excerpt

Utah Test and Training Range;

Section 10-20-620(1)(c)(v)Verify source

§ 10-20-620(1)(c)(vi)Subsection 10-20-620(1)(c)(vi)Provision

Source excerpt

Nephi Readiness Center;

Section 10-20-620(1)(c)(vi)Verify source

§ 10-20-620(1)(c)(vii)Subsection 10-20-620(1)(c)(vii)Provision

Source excerpt

Cedar City Alternate Flight Facility;

Section 10-20-620(1)(c)(vii)Verify source

§ 10-20-620(1)(c)(viii)Subsection 10-20-620(1)(c)(viii)Provision

Source excerpt

Naval Industrial Reserve Ordnance Plant; or

Section 10-20-620(1)(c)(viii)Verify source

§ 10-20-620(1)(c)(ix)Subsection 10-20-620(1)(c)(ix)Provision

Source excerpt

Little Mountain Test Facility.

Section 10-20-620(1)(c)(ix)Verify source

§ 10-20-620(2)Subsection 10-20-620(2)Provision

Source excerpt

A municipality in the specified area must develop and maintain a compatible use plan by July 1, 2025, unless an exception applies.

Except as provided in Subsection (2)(b) , on or before July 1, 2025, for any area in a municipality within 5,000 feet of a boundary of military land, a municipality shall, in consultation with the department, develop and maintain a compatible use plan to ensure permitted uses and conditional uses relevant to the military land are compatible with the military operations on military land. A municipality that has a compatible use plan as of January 1, 2023, is not required to develop a new compatible use plan.

Section 10-20-620(2)Verify source

§ 10-20-620(2)(a)Subsection 10-20-620(2)(a)Provision

Source excerpt

A municipality in the specified area must develop and maintain a compatible use plan by July 1, 2025, in consultation with the department, unless Subsection (2)(b) applies.

Section 10-20-620(2)(a)Verify source

§ 10-20-620(2)(b)Subsection 10-20-620(2)(b)Provision

Source excerpt

A municipality that has a compatible use plan as of January 1, 2023, is not required to develop a new compatible use plan.

Section 10-20-620(2)(b)Verify source

§ 10-20-620(3)Subsection 10-20-620(3)Provision

Source excerpt

Before approving certain land use applications near military land, a municipality must notify the department in writing.

If a municipality receives a land use application related to land within 5,000 feet of a boundary of military land, before the municipality may approve the land use application, the municipality shall notify the department in writing.

Section 10-20-620(3)Verify source

§ 10-20-620(4)Subsection 10-20-620(4)Provision

Source excerpt

If the department gets the notice in Subsection (3), the executive director must decide whether the proposed land use is compatible with the military use of the land and respond to the municipality in writing within 90 days. For certain land use applications within 5,000 feet of military land, the municipality must consider the compatible use plan, unless Subsection (4)(b)(ii) applies; if the applicant has a vested right, the municipality is not required to consider the compatible land use plan.

If the department receives the notice described in Subsection (3) , the executive director of the department shall: determine whether the proposed land use is compatible with the military use of the relevant military land; and within 90 days after the receipt of the notice described in Subsection (3) , respond in writing to the municipality regarding the determination of compatibility described in Subsection (4)(a)(i) . For a land use application pertaining to a parcel within 5,000 feet of military land that may have an adverse effect on the operations of the military installation, except as provided in Subsection (4)(b)(ii) , the municipality shall consider the compatible use plan in processing the land use application. For a land use application pertaining to a parcel within 5,000 feet of military land that may have an adverse effect on the operations of the military installation, if the applicant has a vested right, the municipality is not required to consider the compatible land use plan in consideration of the land use application.

Section 10-20-620(4)Verify source

§ 10-20-620(4)(a)Subsection 10-20-620(4)(a)Provision

Source excerpt

Section 10-20-620(4)(a)Verify source

§ 10-20-620(4)(a)(i)Subsection 10-20-620(4)(a)(i)Provision

Source excerpt

Determine whether the proposed land use is compatible with the military use of the relevant military land.

determine whether the proposed land use is compatible with the military use of the relevant military land; and

Section 10-20-620(4)(a)(i)Verify source

§ 10-20-620(4)(a)(ii)Subsection 10-20-620(4)(a)(ii)Provision

Source excerpt

Within 90 days after receiving the notice, the recipient must respond in writing to the municipality about the compatibility determination.

within 90 days after the receipt of the notice described in Subsection (3) , respond in writing to the municipality regarding the determination of compatibility described in Subsection (4)(a)(i) .

Section 10-20-620(4)(a)(ii)Verify source

§ 10-20-620(4)(b)Subsection 10-20-620(4)(b)Provision

Source excerpt

A municipality must consider the compatible use plan when processing certain land use applications near military land, unless an exception applies or the applicant has a vested right.

For a land use application pertaining to a parcel within 5,000 feet of military land that may have an adverse effect on the operations of the military installation, except as provided in Subsection (4)(b)(ii) , the municipality shall consider the compatible use plan in processing the land use application. For a land use application pertaining to a parcel within 5,000 feet of military land that may have an adverse effect on the operations of the military installation, if the applicant has a vested right, the municipality is not required to consider the compatible land use plan in consideration of the land use application.

Section 10-20-620(4)(b)Verify source

§ 10-20-620(4)(b)(i)Subsection 10-20-620(4)(b)(i)Provision

Source excerpt

The municipality must consider the compatible use plan when processing certain land use applications near military land, unless Subsection (4)(b)(ii) applies.

Section 10-20-620(4)(b)(i)Verify source

§ 10-20-620(4)(b)(ii)Subsection 10-20-620(4)(b)(ii)Provision

Source excerpt

If an applicant has a vested right, the municipality is not required to consider the compatible land use plan for a land use application involving a parcel within 5,000 feet of military land that may adversely affect the military installation.

For a land use application pertaining to a parcel within 5,000 feet of military land that may have an adverse effect on the operations of the military installation, if the applicant has a vested right, the municipality is not required to consider the compatible land use plan in consideration of the land use application.

Section 10-20-620(4)(b)(ii)Verify source

§ 10-20-620(5)Subsection 10-20-620(5)Provision

Source excerpt

If the department receives the notice described in Subsection (3) before the municipality has completed the compatible use plan as described in this section, the department shall consult with the municipality and representatives of the relevant military land to determine whether the use proposed in the land use application is a compatible use.

Section 10-20-620(5)Verify source

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Utah Code § 10-20-620

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