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Residential Notification Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jake Fitisemanu
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill amends provisions related to licensing requirements for residential treatment
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programs.
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Highlighted Provisions:
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This bill:
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▸ defines terms; and
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▸ requires residential facilities to:
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● notify nearby property owners and residents before beginning operations; and
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● provide contact information for a designated representative to neighboring residents.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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26B-2-117, as renumbered and amended by Laws of Utah 2023, Chapter 305
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-2-117 is amended to read:
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26B-2-117 . Licensing residential treatment programs and recovery residences --
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Notification of local government.
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(1) As used in this section, "residential facility" means:
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(a) a residential treatment program;
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(b) a residential support program;
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(c) a recovery residence; or
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(d) a facility that provides social detoxification services.
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[(1)] (2)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
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Act, the office shall make rules that establish categories of residential treatment and
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recovery residence licenses based on differences in the types of residential treatment
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programs and recovery residences.
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(b) The categories referred to in Subsection [(1)(a)] (2)(a) may be based on differences in:
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(i) services offered;
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(ii) types of clients served;
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(iii) risks posed to the community; or
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(iv) other factors that make regulatory differences advisable.
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[(2)] (3) Subject to the requirements of federal and state law, and pursuant to the authority
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granted by Section 26B-2-104, the office shall establish and enforce rules that:
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(a) relate generally to all categories of residential treatment program and recovery
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residence licenses; and
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(b) relate to specific categories of residential treatment program and recovery residence
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licenses on the basis of the regulatory needs, as determined by the office, of
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residential treatment programs and recovery residences within those specific
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categories.
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[(3)] (4)(a) Beginning July 1, 2014, the office shall charge an annual licensing fee, set by
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the office in accordance with the procedures described in Section 63J-1-504, to a
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recovery residence in an amount that will pay for the cost of the licensing and
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inspection requirements described in this section and in Section 26B-2-104.
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(b) The office shall deposit the licensing fees described in this section in the General
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Fund as a dedicated credit to be used solely to pay for the cost of the licensing and
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inspection requirements described in this section and in Section 26B-2-104.
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[(4)] (5) Before submitting an application for a license to operate a residential treatment
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program, the applicant shall serve notice of [its] the applicant's intent to operate a
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residential treatment program on the governing body of:
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(a) the city in which the residential treatment program will be located; or
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(b) if the residential treatment program will be located in the unincorporated area of a
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county, the county in which the residential treatment program will be located.
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(6) At least 30 days before beginning to provide services, a residential facility shall provide
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notice of the facility's intent to begin operations to each property located within 300 feet
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of the location where the residential facility will be located by:
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(a) mailing notice to the property or residence; or
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(b) attaching notice to the main entrance of the property or residence.
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[(5)] (7)(a) The notice described in Subsection [(4)] (5) shall include the following
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information relating to the residential treatment program:
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[(a)] (i) an accurate description of the residential treatment program;
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[(b)] (ii) the location where the residential treatment program will be operated;
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[(c)] (iii) the services that will be provided by the residential treatment program;
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[(d)] (iv) the type of clients that the residential treatment program will serve;
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[(e)] (v) the category of license for which the residential treatment program is
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applying to the office;
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[(f)] (vi) the name, telephone number, and address of a person that may be contacted
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to make inquiries about the residential treatment program; and
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[(g)] (vii) any other information that the office may require by rule.
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(b) The notice described in Subsection (5) shall include the following information
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relating to the residential facility:
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(i) the location where the residential facility will be operated;
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(ii) a description of the residential facility's treatment focus;
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(iii) the date the residential facility intends to begin operations; and
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(iv) the name and contact information of a designated representative for the
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residential facility who shall respond to inquiries or concerns from neighboring
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residents regarding the residential facility.
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[(6)] (8) When submitting an application for a license to operate a residential treatment
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program, the applicant shall include with the application:
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(a) a copy of the notice described in Subsection [(4)] (5); and
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(b) proof that the applicant served the notice described in Subsection [(4)] (5) on the
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governing body described in Subsection [(4)] (5).
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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