Enrolled Copy H.B. 550 1 Building Permit Fee Prohibition Amendments 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Thomas W. Peterson Senate Sponsor: David P. Hinkins 2 3 LONG TITLE 4 General Description: 5 This bill amends provisions related to permitting fees. 6 Highlighted Provisions: 7 This bill: 8 ▸ prevents a municipality or a county from imposing an inspection fee on a water 9 conservancy district that hires a qualified inspector to conduct inspections on new 10 infrastructure; and 11 ▸ provides a repeal date for the prohibition. 12 Money Appropriated in this Bill: 13 None 14 Other Special Clauses: 15 None 16 Utah Code Sections Affected: 17 AMENDS: 18 10-9a-510, as last amended by Laws of Utah 2021, Chapter 35 19 17-27a-509, as last amended by Laws of Utah 2021, Chapter 35 20 63I-2-210, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5 21 63I-2-217, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5 22 23 Be it enacted by the Legislature of the state of Utah: 24 Section 1. Section 10-9a-510 is amended to read: 25 10-9a-510 . Limit on fees -- Requirement to itemize fees -- Appeal of fee -- 26 Provider of culinary or secondary water. 27 (1) A municipality may not impose or collect a fee for reviewing or approving the plans for 28 a commercial or residential building that exceeds the lesser of: H.B. 550 Enrolled Copy 29 (a) the actual cost of performing the plan review; and 30 (b) 65% of the amount the municipality charges for a building permit fee for that 31 building. 32 (2) Subject to Subsection (1), a municipality may impose and collect only a nominal fee for 33 reviewing and approving identical floor plans. 34 (3) A municipality may not impose or collect a hookup fee that exceeds the reasonable cost 35 of installing and inspecting the pipe, line, meter, and appurtenance to connect to the 36 municipal water, sewer, storm water, power, or other utility system. 37 (4) A municipality may not impose or collect: 38 (a) a land use application fee that exceeds the reasonable cost of processing the 39 application or issuing the permit;[ or] 40 (b) an inspection, regulation, or review fee that exceeds the reasonable cost of 41 performing the inspection, regulation, or review[.] ; or 42 (c) an inspection fee on a qualified water conservancy district, as defined in Section 43 17B-2a-1010, that hires a qualified inspector to conduct inspections on new 44 infrastructure. 45 (5)(a) If requested by an applicant who is charged a fee or an owner of residential 46 property upon which a fee is imposed, the municipality shall provide an itemized fee 47 statement that shows the calculation method for each fee. 48 (b) If an applicant who is charged a fee or an owner of residential property upon which a 49 fee is imposed submits a request for an itemized fee statement no later than 30 days 50 after the day on which the applicant or owner pays the fee, the municipality shall no 51 later than 10 days after the day on which the request is received provide or commit to 52 provide within a specific time: 53 (i) for each fee, any studies, reports, or methods relied upon by the municipality to 54 create the calculation method described in Subsection (5)(a); 55 (ii) an accounting of each fee paid; 56 (iii) how each fee will be distributed; and 57 (iv) information on filing a fee appeal through the process described in Subsection 58 (5)(c). 59 (c) A municipality shall establish a fee appeal process subject to an appeal authority 60 described in Part 7, Appeal Authority and Variances, and district court review in 61 accordance with Part 8, District Court Review, to determine whether a fee reflects 62 only the reasonable estimated cost of: - 2 - Enrolled Copy H.B. 550 63 (i) regulation; 64 (ii) processing an application; 65 (iii) issuing a permit; or 66 (iv) delivering the service for which the applicant or owner paid the fee. 67 (6) A municipality may not impose on or collect from a public agency any fee associated 68 with the public agency's development of its land other than: 69 (a) subject to Subsection (4), a fee for a development service that the public agency does 70 not itself provide; 71 (b) subject to Subsection (3), a hookup fee; and 72 (c) an impact fee for a public facility listed in Subsection 11-36a-102(17)(a), (b), (c), (d), 73 (e), or (g), subject to any applicable credit under Subsection 11-36a-402(2). 74 (7) A provider of culinary or secondary water that commits to provide a water service 75 required by a land use application process is subject to the following as if it were a 76 municipality: 77 (a) Subsections (5) and (6); 78 (b) Section 10-9a-508; and 79 (c) Section 10-9a-509.5. 80 Section 2. Section 17-27a-509 is amended to read: 81 17-27a-509 . Limit on fees -- Requirement to itemize fees -- Appeal of fee -- 82 Provider of culinary or secondary water. 83 (1) A county may not impose or collect a fee for reviewing or approving the plans for a 84 commercial or residential building that exceeds the lesser of: 85 (a) the actual cost of performing the plan review; and 86 (b) 65% of the amount the county charges for a building permit fee for that building. 87 (2) Subject to Subsection (1), a county may impose and collect only a nominal fee for 88 reviewing and approving identical floor plans. 89 (3) A county may not impose or collect a hookup fee that exceeds the reasonable cost of 90 installing and inspecting the pipe, line, meter, or appurtenance to connect to the county 91 water, sewer, storm water, power, or other utility system. 92 (4) A county may not impose or collect: 93 (a) a land use application fee that exceeds the reasonable cost of processing the 94 application or issuing the permit;[ or] 95 (b) an inspection, regulation, or review fee that exceeds the reasonable cost of 96 performing the inspection, regulation, or review[.] ; or - 3 - H.B. 550 Enrolled Copy 97 (c) an inspection fee on a qualified water conservancy district, as defined in Section 98 17B-2a-1010, that hires a qualified inspector to conduct inspections on new 99 infrastructure. 100 (5)(a) If requested by an applicant who is charged a fee or an owner of residential 101 property upon which a fee is imposed, the county shall provide an itemized fee 102 statement that shows the calculation method for each fee. 103 (b) If an applicant who is charged a fee or an owner of residential property upon which a 104 fee is imposed submits a request for an itemized fee statement no later than 30 days 105 after the day on which the applicant or owner pays the fee, the county shall no later 106 than 10 days after the day on which the request is received provide or commit to 107 provide within a specific time: 108 (i) for each fee, any studies, reports, or methods relied upon by the county to create 109 the calculation method described in Subsection (5)(a); 110 (ii) an accounting of each fee paid; 111 (iii) how each fee will be distributed; and 112 (iv) information on filing a fee appeal through the process described in Subsection 113 (5)(c). 114 (c) A county shall establish a fee appeal process subject to an appeal authority described 115 in Part 7, Appeal Authority and Variances, and district court review in accordance 116 with Part 8, District Court Review, to determine whether a fee reflects only the 117 reasonable estimated cost of: 118 (i) regulation; 119 (ii) processing an application; 120 (iii) issuing a permit; or 121 (iv) delivering the service for which the applicant or owner paid the fee. 122 (6) A county may not impose on or collect from a public agency any fee associated with the 123 public agency's development of its land other than: 124 (a) subject to Subsection (4), a fee for a development service that the public agency does 125 not itself provide; 126 (b) subject to Subsection (3), a hookup fee; and 127 (c) an impact fee for a public facility listed in Subsection 11-36a-102(17)(a), (b), (c), (d), 128 (e), or (g), subject to any applicable credit under Subsection 11-36a-402(2). 129 (7) A provider of culinary or secondary water that commits to provide a water service 130 required by a land use application process is subject to the following as if it were a - 4 - Enrolled Copy H.B. 550 131 county: 132 (a) Subsections (5) and (6); 133 (b) Section 17-27a-507; and 134 (c) Section 17-27a-509.5. 135 Section 3. Section 63I-2-210 is amended to read: 136 63I-2-210 . Repeal dates: Title 10. 137 (1) Subsection 10-2a-205(2)(b)(iii), regarding a feasibility study for the proposed 138 incorporation of a community council area, is repealed July 1, 2028. 139 (2) Section 10-2a-205.5, Additional feasibility consultant considerations for proposed 140 incorporation of community council area -- Additional feasibility study requirements, is 141 repealed July 1, 2028. 142 (3) Subsection 10-9a-510(4)(c) is repealed July 1, 2026. 143 [(3)] (4) Section 10-9a-604.9, Effective dates of Sections 10-9a-604.1 and 10-9a-604.2, is 144 repealed January 1, 2025. 145 Section 4. Section 63I-2-217 is amended to read: 146 63I-2-217 . Repeal dates: Titles 17 through 17D. 147 (1) Subsection 17-22-2(1)(o), regarding a sheriff's contractual duties under an interlocal 148 agreement for law enforcement services, is repealed July 1, 2025. 149 (2) Subsection 17-22-2(3), regarding the role of a sheriff in a police interlocal entity or 150 police local district, is repealed July 1, 2025. 151 (3) Section 17-27a-604.9, Effective dates of Sections 17-27a-604.1 and 17-27a-604.2, is 152 repealed January 1, 2025. 153 (4) Subsection 17-27a-509(4)(c) is repealed July 1, 2026. 154 [(4)] (5) Subsection 17-52a-103(3), regarding the process for changing a form of county 155 government[ ], is repealed January 1, 2028. 156 Section 5. Effective Date. 157 This bill takes effect on May 7, 2025. - 5 -