H.B. 567
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: P. Owen 6
6 02-27-23 8:15 AM 6
H.B. 567
1 COUNTY AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kera Birkeland
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill addresses county powers.
10Highlighted Provisions:
11 This bill:
12 <modifies provisions related to franchise agreements or conditional use permits
13under certain circumstances related to mutual water companies;
14 <addresses restrictions on length of franchises; and
15 <makes technical and conforming changes.
16Money Appropriated in this Bill:
17 None
18Other Special Clauses:
19 None
20Utah Code Sections Affected:
21AMENDS:
22 17-27a-506, as last amended by Laws of Utah 2021, Chapter 385
23 17-50-306, as renumbered and amended by Laws of Utah 2000, Chapter 133
24 17-50-309, as renumbered and amended by Laws of Utah 2000, Chapter 133
25ENACTS:
26 17-50-340, Utah Code Annotated 1953
27
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28Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 17-27a-506 is amended to read:
30 17-27a-506. Conditional uses.
31 (1) (a) A county may adopt a land use ordinance that includes conditional uses and
32provisions for conditional uses that require compliance with objective standards set forth in an
33applicable ordinance.
34 (b) A county may not impose a requirement or standard on a conditional use that
35conflicts with a provision of this chapter or other state or federal law.
36 (2) (a) (i) A land use authority shall approve a conditional use if reasonable conditions
37are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of
38the proposed use in accordance with applicable standards.
39 (ii) The requirement described in Subsection (2)(a)(i) to reasonably mitigate
40anticipated detrimental effects of the proposed conditional use does not require elimination of
41the detrimental effects.
42 (b) If a land use authority proposes reasonable conditions on a proposed conditional
43use, the land use authority shall ensure that the conditions are stated on the record and
44reasonably relate to mitigating the anticipated detrimental effects of the proposed use.
45 (c) If the reasonably anticipated detrimental effects of a proposed conditional use
46cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to
47achieve compliance with applicable standards, the land use authority may deny the conditional
48use.
49 (3) A land use authority's decision to approve or deny a conditional use is an
50administrative land use decision.
51 (4) A legislative body shall classify any use that a land use regulation allows in a
52zoning district as either a permitted or conditional use under this chapter.
53 (5) Notwithstanding the other provisions of this section and in accordance with Section
5417-50-340, a county may not require a conditional use permit for a mutual water company to
55locate, establish, construct, reconstruct, operate, repair, replace, or maintain:
56 (a) a water well;
57 (b) a water diversion facility; or
58 (c) a water distribution system, including a distribution line, pump station, water 02-27-23 8:15 AM H.B. 567
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59storage tank, water storage facility, pressure reducing station, electrical or utility line, electrical
60meter, or storm drainage line.
61 Section 2. Section 17-50-306 is amended to read:
62 17-50-306. Granting franchises over public roads -- Limitation -- Water
63infrastructure.
64 (1) A county may grant franchises along and over the public roads and highways for all
65lawful purposes, upon such terms, conditions, and restrictions as in the judgment of the county
66legislative body are necessary and proper, to be exercised in such manner as to present the least
67possible obstruction and inconvenience to the traveling public.
68 (2) A franchise under Subsection (1) may not be granted for a period longer than 50
69years.
70 (3) If a county grants a franchise for water infrastructure, the county may grant the
71franchise for the useful life of the water infrastructure which may be for a period longer than 50
72years.
73 Section 3. Section 17-50-309 is amended to read:
74 17-50-309. Regulation of use of roads.
75 (1) A county may enact ordinances and make regulations not in conflict with law for
76the control, construction, alteration, repair, and use of all public roads and highways in the
77county outside of cities and towns.
78 (2) A county may not enact an ordinance or make a regulation that violates Section
7917-50-306 or 17-50-340.
80 Section 4. Section 17-50-340 is enacted to read:
81 17-50-340. Mutual water companies.
82 (1) As used in this section:
83 (a) "Class C or D road" means a road that is a Class C road as defined in Section
8472-3-104, or a class D road as defined in Section 72-3-105.
85 (b) "Mutual water company" means an entity organized for, or engaged in the business
86of, selling, distributing, supplying, or delivering water to the entity's stockholders and members
87at cost for irrigation purposes or for culinary use.
88 (2) A county may not require:
89 (a) a franchise agreement or license of a mutual water company for a project to H.B. 567 02-27-23 8:15 AM
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90construct or operate underground infrastructure in a public rights-of-way of a Class C or D
91road; or
92 (b) a conditional use permit for a project for a mutual water company to construct or
93operate:
94 (i) underground infrastructure; or
95 (ii) a water storage tank on private property, regardless of whether the water storage
96tank is located underground.