United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-808

Source excerpt

agricultural landagricultural land divisioncounty recorderdocument correctioneasementsland useland use complianceparcel exemptionplat exemptionplat exemptionsplat requirementsproperty compliancerecording requirementsstreet dedicationsubdivisionsubdivision approvalutility approvalzoning compliancezoning/land-use change

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

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“Exemptions from plat requirement. Notwithstanding any other provision of law, a plat is not required if: a municipality establishes a process to approve an administrative land use decision for a subdivision of 10 or fewer parcels without a”

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Exemptions from plat requirement.

Section 10-20-808

Subsection 10-20-808(1)(b)(ii)(B)

has been approved by the culinary water authority and the sanitary sewer authority;

Section 10-20-808(1)(b)(ii)(B)

Subsection 10-20-808(2)(a)(iii)

is not used and will not be used for any nonagricultural purpose.

Section 10-20-808(2)(a)(iii)

Subsection 10-20-808(3)(b)(ii)

affect the validity of a recorded document.

Section 10-20-808(3)(b)(ii)

Subsection 10-20-808(4)(b)

A record of survey map described in Subsection (4)(a) must be filed with the county surveyor.

Section 10-20-808(4)(b)

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Showing 28 of 28 provisions

Provision 28

Part 10-20-8

part 10-20-8 Subdivisions

§ 10-20-808Exemptions from plat requirement.Provision

Source excerpt

Exemptions from plat requirement. Notwithstanding any other provision of law, a plat is not required if: a municipality establishes a process to approve an administrative land use decision for a subdivision of 10 or fewer parcels without a plat; and the municipality provides in writing that: the municipality has provided a certificate or written approval as required by ordinance; and the proposed subdivision: is not traversed by the mapped lines of a proposed street as shown in the general plan unless the municipality has approved the location and dedication of any public street, municipal utility easement, any other easement, or any other land for public purposes as the municipality's ordinance requires; has been approved by the culinary water authority and the sanitary sewer authority; is located in a zoned area; and conforms to all applicable land use ordinances or has properly received a variance from the requirements of an otherwise conflicting and applicable land use ordinance. Subject to Subsection (1) , a parcel resulting from a division of agricultural land is exempt from the plat requirements of Section 10-20-803 if the parcel: qualifies as land in agricultural use under Section 59-2-502 ; meets the minimum size requirement of applicable land use ordinances; and is not used and will not be used for any nonagricultural purpose. If a parcel exempted under Subsection (2)(a) is used for a nonagricultural purpose, the municipality may require the parcel to comply with the requirements of Section 10-20-803 . Documents recorded in the county recorder's office that divide property by a metes and bounds description do not create an approved subdivision allowed by this part unless the land use authority's certificate of written approval required by Subsection (1) is attached to the document. The absence of the certificate or written approval required by Subsection (1) does not: prohibit the county recorder from recording a document; or affect the validity of a recorded document. A document which does not meet the requirements of Subsection (1) may be corrected by the recording of an affidavit to which the required certificate or written approval is attached and that complies with Section 57-3-106 . The boundaries of any subdivision exempted from the plat requirement under this section shall be graphically illustrated on a record of survey map that includes: a legal description of the parcel to be divided; a legal description of each parcel created by the subdivision; and a citation to the specific provision of this section for which an exemption to the plat requirement is authorized. The record of survey map described in Subsection (4)(a) shall be filed with the county surveyor in accordance with Section 17-73-504 .

Section 10-20-808Verify source

§ 10-20-808(1)Subsection 10-20-808(1)Provision

Source excerpt

A plat is not required for certain small subdivisions if the municipality has an approval process and the listed written and site-plan conditions are met.

Notwithstanding any other provision of law, a plat is not required if: a municipality establishes a process to approve an administrative land use decision for a subdivision of 10 or fewer parcels without a plat; and the municipality provides in writing that: the municipality has provided a certificate or written approval as required by ordinance; and the proposed subdivision: is not traversed by the mapped lines of a proposed street as shown in the general plan unless the municipality has approved the location and dedication of any public street, municipal utility easement, any other easement, or any other land for public purposes as the municipality's ordinance requires; has been approved by the culinary water authority and the sanitary sewer authority; is located in a zoned area; and conforms to all applicable land use ordinances or has properly received a variance from the requirements of an otherwise conflicting and applicable land use ordinance.

Section 10-20-808(1)Verify source

§ 10-20-808(1)(a)Subsection 10-20-808(1)(a)Provision

Source excerpt

A municipality must establish a process to approve an administrative land use decision for a subdivision of 10 or fewer parcels without a plat.

a municipality establishes a process to approve an administrative land use decision for a subdivision of 10 or fewer parcels without a plat; and

Section 10-20-808(1)(a)Verify source

§ 10-20-808(1)(b)Subsection 10-20-808(1)(b)Provision

Source excerpt

A municipality must provide written confirmation that it has issued the required certificate or written approval, and the proposed subdivision must meet listed land-use and utility conditions.

the municipality provides in writing that: the municipality has provided a certificate or written approval as required by ordinance; and the proposed subdivision: is not traversed by the mapped lines of a proposed street as shown in the general plan unless the municipality has approved the location and dedication of any public street, municipal utility easement, any other easement, or any other land for public purposes as the municipality's ordinance requires; has been approved by the culinary water authority and the sanitary sewer authority; is located in a zoned area; and conforms to all applicable land use ordinances or has properly received a variance from the requirements of an otherwise conflicting and applicable land use ordinance.

Section 10-20-808(1)(b)Verify source

§ 10-20-808(1)(b)(i)Subsection 10-20-808(1)(b)(i)Provision

Source excerpt

the municipality has provided a certificate or written approval as required by ordinance; and

Section 10-20-808(1)(b)(i)Verify source

§ 10-20-808(1)(b)(ii)Subsection 10-20-808(1)(b)(ii)Provision

Source excerpt

A proposed subdivision may not be crossed by mapped lines of a proposed street unless specified municipal, utility, zoning, and land-use approval conditions are met.

the proposed subdivision: is not traversed by the mapped lines of a proposed street as shown in the general plan unless the municipality has approved the location and dedication of any public street, municipal utility easement, any other easement, or any other land for public purposes as the municipality's ordinance requires; has been approved by the culinary water authority and the sanitary sewer authority; is located in a zoned area; and conforms to all applicable land use ordinances or has properly received a variance from the requirements of an otherwise conflicting and applicable land use ordinance.

Section 10-20-808(1)(b)(ii)Verify source

§ 10-20-808(1)(b)(ii)(A)Subsection 10-20-808(1)(b)(ii)(A)Provision

Source excerpt

A proposed street mapped in the general plan may not traverse the described land unless the municipality approves the location and dedication of specified public land interests as required by ordinance.

is not traversed by the mapped lines of a proposed street as shown in the general plan unless the municipality has approved the location and dedication of any public street, municipal utility easement, any other easement, or any other land for public purposes as the municipality's ordinance requires;

Section 10-20-808(1)(b)(ii)(A)Verify source

§ 10-20-808(1)(b)(ii)(B)Subsection 10-20-808(1)(b)(ii)(B)Provision

Source excerpt

has been approved by the culinary water authority and the sanitary sewer authority;

Section 10-20-808(1)(b)(ii)(B)Verify source

§ 10-20-808(1)(b)(ii)(C)Subsection 10-20-808(1)(b)(ii)(C)Provision

Source excerpt

is located in a zoned area; and

Section 10-20-808(1)(b)(ii)(C)Verify source

§ 10-20-808(1)(b)(ii)(D)Subsection 10-20-808(1)(b)(ii)(D)Provision

Source excerpt

conforms to all applicable land use ordinances or has properly received a variance from the requirements of an otherwise conflicting and applicable land use ordinance.

Section 10-20-808(1)(b)(ii)(D)Verify source

§ 10-20-808(2)Subsection 10-20-808(2)Provision

Source excerpt

A parcel created by dividing agricultural land is exempt from Section 10-20-803 plat requirements if it meets agricultural-use, minimum-size, and nonagricultural-use conditions. If the exempt parcel is later used for a nonagricultural purpose, the municipality may require compliance with Section 10-20-803.

Subject to Subsection (1) , a parcel resulting from a division of agricultural land is exempt from the plat requirements of Section 10-20-803 if the parcel: qualifies as land in agricultural use under Section 59-2-502 ; meets the minimum size requirement of applicable land use ordinances; and is not used and will not be used for any nonagricultural purpose. If a parcel exempted under Subsection (2)(a) is used for a nonagricultural purpose, the municipality may require the parcel to comply with the requirements of Section 10-20-803 .

Section 10-20-808(2)Verify source

§ 10-20-808(2)(a)Subsection 10-20-808(2)(a)Provision

Source excerpt

A parcel created by dividing agricultural land is exempt from Section 10-20-803 plat requirements if it meets the listed agricultural-use, size, and nonagricultural-use conditions.

Section 10-20-808(2)(a)Verify source

§ 10-20-808(2)(a)(i)Subsection 10-20-808(2)(a)(i)Provision

Source excerpt

qualifies as land in agricultural use under Section 59-2-502 ;

Section 10-20-808(2)(a)(i)Verify source

§ 10-20-808(2)(a)(ii)Subsection 10-20-808(2)(a)(ii)Provision

Source excerpt

meets the minimum size requirement of applicable land use ordinances; and

Section 10-20-808(2)(a)(ii)Verify source

§ 10-20-808(2)(a)(iii)Subsection 10-20-808(2)(a)(iii)Provision

Source excerpt

is not used and will not be used for any nonagricultural purpose.

Section 10-20-808(2)(a)(iii)Verify source

§ 10-20-808(2)(b)Subsection 10-20-808(2)(b)Provision

Source excerpt

If an exempt parcel is used for a nonagricultural purpose, the municipality may require compliance with Section 10-20-803.

If a parcel exempted under Subsection (2)(a) is used for a nonagricultural purpose, the municipality may require the parcel to comply with the requirements of Section 10-20-803 .

Section 10-20-808(2)(b)Verify source

§ 10-20-808(3)Subsection 10-20-808(3)Provision

Source excerpt

Documents recorded in the county recorder's office that divide property by a metes and bounds description do not create an approved subdivision allowed by this part unless the land use authority's certificate of written approval required by Subsection (1) is attached to the document. The absence of the certificate or written approval required by Subsection (1) does not: prohibit the county recorder from recording a document; or affect the validity of a recorded document. A document which does not meet the requirements of Subsection (1) may be corrected by the recording of an affidavit to which the required certificate or written approval is attached and that complies with Section 57-3-106 .

Section 10-20-808(3)Verify source

§ 10-20-808(3)(a)Subsection 10-20-808(3)(a)Provision

Source excerpt

A recorded metes-and-bounds document does not count as an approved subdivision unless the required written approval certificate is attached.

Section 10-20-808(3)(a)Verify source

§ 10-20-808(3)(b)Subsection 10-20-808(3)(b)Provision

Source excerpt

The absence of the certificate or written approval required by Subsection (1) does not: prohibit the county recorder from recording a document; or affect the validity of a recorded document.

Section 10-20-808(3)(b)Verify source

§ 10-20-808(3)(b)(i)Subsection 10-20-808(3)(b)(i)Provision

Source excerpt

The county recorder is prohibited from recording a document.

prohibit the county recorder from recording a document; or

Section 10-20-808(3)(b)(i)Verify source

§ 10-20-808(3)(b)(ii)Subsection 10-20-808(3)(b)(ii)Provision

Source excerpt

affect the validity of a recorded document.

Section 10-20-808(3)(b)(ii)Verify source

§ 10-20-808(3)(c)Subsection 10-20-808(3)(c)Provision

Source excerpt

A noncompliant document may be corrected by filing an affidavit with the required certificate or written approval attached, if it complies with Section 57-3-106.

A document which does not meet the requirements of Subsection (1) may be corrected by the recording of an affidavit to which the required certificate or written approval is attached and that complies with Section 57-3-106 .

Section 10-20-808(3)(c)Verify source

§ 10-20-808(4)Subsection 10-20-808(4)Provision

Source excerpt

A record of survey map for a subdivision exempted from the plat requirement must show the subdivision boundaries, required parcel descriptions, and the specific exemption citation, and must be filed with the county surveyor.

The boundaries of any subdivision exempted from the plat requirement under this section shall be graphically illustrated on a record of survey map that includes: a legal description of the parcel to be divided; a legal description of each parcel created by the subdivision; and a citation to the specific provision of this section for which an exemption to the plat requirement is authorized. The record of survey map described in Subsection (4)(a) shall be filed with the county surveyor in accordance with Section 17-73-504 .

Section 10-20-808(4)Verify source

§ 10-20-808(4)(a)Subsection 10-20-808(4)(a)Provision

Source excerpt

Subdivision boundaries exempted from the plat requirement must be shown graphically on a record of survey map.

Section 10-20-808(4)(a)Verify source

§ 10-20-808(4)(a)(i)Subsection 10-20-808(4)(a)(i)Provision

Source excerpt

a legal description of the parcel to be divided;

Section 10-20-808(4)(a)(i)Verify source

§ 10-20-808(4)(a)(ii)Subsection 10-20-808(4)(a)(ii)Provision

Source excerpt

a legal description of each parcel created by the subdivision; and

Section 10-20-808(4)(a)(ii)Verify source

§ 10-20-808(4)(a)(iii)Subsection 10-20-808(4)(a)(iii)Provision

Source excerpt

a citation to the specific provision of this section for which an exemption to the plat requirement is authorized.

Section 10-20-808(4)(a)(iii)Verify source

§ 10-20-808(4)(b)Subsection 10-20-808(4)(b)Provision

Source excerpt

A record of survey map described in Subsection (4)(a) must be filed with the county surveyor.

The record of survey map described in Subsection (4)(a) shall be filed with the county surveyor in accordance with Section 17-73-504 .

Section 10-20-808(4)(b)Verify source

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Utah Code § 10-20-808

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