§ 76-25-105 — Applicability And Compliance

76-25-105 . Applicability and compliance. (1) A municipality with a population at or exceeding 5,000 located within a county with a population at or exceeding 70,000 in the most recent decennial census shall comply with the provisions of this chapter.
(2) (a) Except as provided in subsection (2)(b), any municipality that meets the population thresholds of subsection (1) on May 17, 2023, shall comply with the provisions of this chapter within 3 years of May 17, 2023.
(b) A municipality that has adopted a growth policy within 5 years prior to May 17, 2023, shall comply with the provisions of this chapter within 5 years of the date that the growth policy was adopted or within the deadline established in subsection (2)(a), whichever occurs later.
(c) A municipality that meets the population thresholds of subsection (1) on any decennial census completed after May 17, 2023, shall comply with the provisions of this chapter by December 31 of the third year after the date of the decennial census.
(3) (a) A local government that is not required to comply with the provisions of this chapter may decide to comply with the provisions of this chapter by an affirmative vote of the local governing body. After an affirmative vote, the governing body shall comply with the provisions of this chapter by December 31 of the fifth year after the date of the vote.
(b) A local government that votes pursuant to subsection (3)(a) to comply with the provisions of this chapter may subsequently decide to not comply with the provisions of this chapter by an affirmative vote.
(4) A local government that complies with this chapter is not subject to any provision of Title 76, chapters 1, 2, 3, or 8.

Legislative History

En. Sec. 5, Ch. 500, L. 2023.