(1) (a) By January 1, 2028, and no less
than every six years thereafter, a local government shall make a housing action
plan, which plan is subject to approval by the governing body following a public
hearing. A housing action plan must be responsive to an accepted housing needs
assessment and demonstrate the local government's commitment to address
demonstrated housing needs and guides the local government in developing
legislative actions, promoting regional coordination, and informing the public of the
local government's efforts to address housing needs in the local government's
jurisdiction.
(b) The requirements of this section only apply to a local government that
has a population of:
(I) Five thousand or more; or
(II) One thousand or more and either participated in a regional housing needs
assessment or would have been deemed, as of January 1, 2024, to be a rural resort
community as defined in section 29-32-101 (10).
(c) The requirements of this section do not apply to a local government that
has experienced a negative population change of at least one percent in the most
recent decennial census.
(2) A local government shall make a housing action plan through an inclusive
process with public outreach and engagement throughout the process, including
outreach to and engagement of communities at risk of displacement and
consideration for participation by persons unable to attend meetings in person or at
the local government's regular meeting times. A housing action plan must consider
any applicable housing needs assessments, applicable regional and local plans, and
any available assessments of the adequacy of public services and public facilities in
the local government's jurisdiction. A proposed housing action plan must be posted
publicly on a local government's website at least thirty days before the public
hearing on the plan.
(3) A housing action plan must include the following baseline components:
(a) A summary report of the local government's progress towards addressing
the findings of the applicable housing needs assessment within the local
government's jurisdiction. The summary report must include the number of dwelling
units constructed or permitted in the local government's jurisdiction during the
preceding six years, if such information is available.
(b) A description of how the local government's housing action plan
addresses the allocation of regional housing needs to the local government in any
applicable regional housing needs assessment;
(c) An assessment of the effect of existing zoning and density permitted in
the local government's jurisdiction on the development of the number and types of
dwelling units identified in the applicable housing needs assessment;
(d) A plan to promote the equitable and efficient development of the number
and types of dwelling units identified through any applicable housing needs
assessment as necessary to satisfy housing needs in the local government's
jurisdiction at different income levels, including extremely low-, very low-,
moderate-, and middle-income households as designated by the United States
department of housing and urban development, subject to the availability of
adequate public facilities, public services, and water supply;
(e) Locally-appropriate goals, strategies, and actions for promoting the
production and preservation of affordable housing development and regulated
affordable housing, including at least two strategies included in the standard
affordability strategies directory described in section 24-32-3706 (1) and one
strategy included in the long-term affordability strategies directory described in
section 24-32-3706 (2) that are selected to address the demonstrated housing
needs in the local government's jurisdiction and are suitable for the jurisdiction or,
if the local government participated in a regional housing needs assessment, the
demonstrated housing needs of the applicable region and any regional housing
needs allocated to the local government;
(f) A narrative analysis of any area or community that the local government
has identified as being at elevated risk of displacement and a plan to mitigate
displacement in that area or community, including the identification of at least one
displacement mitigation strategy included in the displacement risk mitigation
strategies directory described in section 24-32-3706 (4) that the local government
selects to address the findings of the local government's narrative analysis and is
suitable for the jurisdiction;
(g) A plan for the legislative consideration for adoption of the strategies
identified in subsections (3)(e) and (3)(f) of this section;
(h) Any recommended changes to local laws affecting zoning and density in
the local government's jurisdiction before the local government conducts the next
housing action plan;
(i) An analysis of opportunities to achieve the development of higher-density
and regulated affordable housing within a reasonable distance of major transit
stops in the jurisdiction;
(j) A narrative description of the public outreach and engagement process
for the housing action plan; and
(k) A description of opportunities for intergovernmental coordination to
address local and regional housing needs and any such intergovernmental
coordination efforts undertaken by the local government.
(4) Within sixty days of approval by the governing body, the local
government shall submit the housing action plan developed pursuant to subsection
(3) of this section to the department and, if applicable, to the regional entity that
conducted a regional housing needs assessment that applies to the local
government. The department shall not accept a housing action plan that does not
include the components required by subsection (3) of this section. The department
shall notify a local government if it does not accept a housing action plan. The
department shall post the housing action plan on the department's website after
accepting the plan.
(5) A local government that adopted a plan that substantially meets the
requirements of subsection (3) of this section and was the subject of a public
hearing held no earlier than January 1, 2024, and no later than July 1, 2024, is not
required to conduct a housing action plan until five years after the date of the
adoption of the plan that substantially meets the requirements of subsection (3) of
this section, notwithstanding subsection (1) of this section.
(6) Three years after adopting a housing action plan, a local government
shall report progress to the department regarding the adoption of any strategies or
changes to local laws identified in the housing action plan or the most recent
updated housing action plan. The department shall not accept such a progress
report, if the report does not demonstrate that the local government adopted the
strategies and changes to local laws identified in the housing action plan or the
most recent updated housing action plan, unless the department determines that
the local government has both made a good faith effort to adopt theses strategies
or changes to local law and has provided the department with a plan for the
adoption of alternative strategies or changes to local laws in accordance with this
section.
(7) A local government may update a housing action plan at any time by
following the process in subsection (2) of this section. A local government shall
submit any update to a housing action plan to the department and, if applicable, a
regional entity as provided in subsection (4) of this section. The department shall
not accept any update that would result in a housing action plan that does not
include the components required by subsection (3) of this section. The department
shall notify the local government if it does not accept an update. The department
shall post the update on its website, after accepting the update.
(8) Population by which a local government is determined to be subject to
the provisions of this section must be determined two years prior to the date that
the local government is required to complete a housing action plan pursuant to this
section.