Utah § 11-36a-205 Environmental mitigation impact fees.

Utah Statutes

§ 11-36a-205 — Environmental mitigation impact fees.

Utah § 11-36a-205

Title 11Cities, Counties, and Local Taxing Units

Ch. 11-36aImpact Fees Act

Part 11-36a-2Impact Fees

This text of Utah § 11-36a-205 (Environmental mitigation impact fees.) 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. § 11-36a-205 (2026).

Text

Notwithstanding the requirements and prohibitions of this chapter, a local political subdivision may impose and assess an impact fee for environmental mitigation when:

(1)the local political subdivision has formally agreed to fund a Habitat Conservation Plan to resolve conflicts with the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531, et seq. or other state or federal environmental law or regulation;

(2)the impact fee bears a reasonable relationship to the environmental mitigation required by the Habitat Conservation Plan; and

(3)the legislative body of the local political subdivision adopts an ordinance or resolution:

(3)(a) declaring that an impact fee is required to finance the Habitat Conservation Plan;

(3)(b) establishing periodic sunset dates for the impact fee; and

(3)(c) r

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Notwithstanding the requirements and prohibitions of this chapter, a local political subdivision may impose and assess an impact fee for environmental mitigation when:
(1) the local political subdivision has formally agreed to fund a Habitat Conservation Plan to resolve conflicts with the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531, et seq. or other state or federal environmental law or regulation;
(2) the impact fee bears a reasonable relationship to the environmental mitigation required by the Habitat Conservation Plan; and
(3) the legislative body of the local political subdivision adopts an ordinance or resolution:

(3)(a) declaring that an impact fee is required to finance the Habitat Conservation Plan;
(3)(b) establishing periodic sunset dates for the impact fee; and
(3)(c) requiring the legislative body to:
(3)(c)(i) review the impact fee on those sunset dates;
(3)(c)(ii) determine whether or not the impact fee is still required to finance the Habitat Conservation Plan; and
(3)(c)(iii) affirmatively reauthorize the impact fee if the legislative body finds that the impact fee must remain in effect.