Utah § 10-21-301 Moderate income housing.

Utah Statutes

§ 10-21-301 — Moderate income housing.

Utah § 10-21-301

Title 10Utah Municipal Code

Ch. 10-21Municipalities and Housing Supply

Part 10-21-3Provisions Unique to Residential Zones and Residential Units

This text of Utah § 10-21-301 (Moderate income housing.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 10-21-301 (2026).

Text

(1)A municipality may only require the development of a certain number of moderate income housing units as a condition of approval of a land use application if:

(1)(a) the municipality and the applicant enter into a written agreement regarding the number of moderate income housing units;

(1)(b) the municipality provides incentives for an applicant who agrees to include moderate income housing units in a development; or

(1)(c) the municipality offers or approves, and an applicant accepts, an incentive described in Section 10-21-401 or 10-21-402.

(2)If an applicant does not agree to participate in the development of moderate income housing units under Subsection (1)(a) or (b), a municipality may not take into consideration the applicant's decision in the municipality's determination of whe

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(1) A municipality may only require the development of a certain number of moderate income housing units as a condition of approval of a land use application if:
(1)(a) the municipality and the applicant enter into a written agreement regarding the number of moderate income housing units;
(1)(b) the municipality provides incentives for an applicant who agrees to include moderate income housing units in a development; or
(1)(c) the municipality offers or approves, and an applicant accepts, an incentive described in Section 10-21-401 or 10-21-402.
(2) If an applicant does not agree to participate in the development of moderate income housing units under Subsection (1)(a) or (b), a municipality may not take into consideration the applicant's decision in the municipality's determination of whether to approve or deny a land use application.
(3) Notwithstanding Subsections (1) and (2), a municipality that imposes a resort community sales and use tax as described in Section 59-12-401, may require the development of a certain number of moderate income housing units as a condition of approval of a land use application if the requirement is in accordance with an ordinance enacted by the municipality before January 1, 2022.