§ 17-79-501 — Enactment of land use regulation.

(1) Only a legislative body, as the body authorized to weigh policy considerations, may enact a land use regulation.
(2) (2)(a) Except as provided in Subsection (2)(b), a legislative body may enact a land use regulation only by ordinance.
(2)(b) A legislative body may, by ordinance or resolution, enact a land use regulation that imposes a fee.
(3) A land use regulation shall be consistent with the purposes set forth in this chapter.
(4) (4)(a) A legislative body shall adopt a land use regulation to:
(4)(a)(i) create or amend a zoning district under Subsection 17-79-503(1)(a); and
(4)(a)(ii) designate general uses allowed in each zoning district.
(4)(b) A land use authority may establish or modify other restrictions or requirements other than those described in Subsection (4)(a), including the configuration or modification of uses or density, through a land use decision that applies criteria or policy elements that a land use regulation establishes or describes.
(5) A county may not adopt a land use regulation, development agreement, or land use decision that restricts the type of crop that may be grown in an area that is:
(5)(a) zoned agricultural; or
(5)(b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
(6) A county land use regulation pertaining to an airport or an airport influence area, as that term is defined in Section 72-10-401, is subject to Title 72, Chapter 10, Part 4, Airport Zoning Act.

Legislative History

Renumbered and Amended by Chapter 14, 2025 Special Session 1