§ 17-80-201 — Moderate income housing plan required.

(1) A moderate income housing element of a general plan shall include a moderate income housing element that meets the requirements of this section.
(2) For a specified county, as defined in Section 17-80-101, a moderate income housing element shall:
(2)(a) provide a realistic opportunity to meet the need for additional moderate income housing within the next five years;
(2)(b) select three or more moderate income housing strategies described in Subsections (3)(a)(ii)(A) through (V), or at least one moderate income housing strategy described in Subsections (3)(a)(ii)(W) through (BB), for implementation; and
(2)(c) include an implementation plan as provided in Subsection (4).
(3) (3)(a) In drafting the moderate income housing element, the county planning commission shall:
(3)(a)(i) consider the Legislature's determination that counties should facilitate a reasonable opportunity for a variety of housing, including moderate income housing:
(3)(a)(i)(A) to meet the needs of people of various income levels living, working, or desiring to live or work in the community; and
(3)(a)(i)(B) to allow people with various incomes to benefit from and fully participate in all aspects of neighborhood and community life; and
(3)(a)(ii) include an analysis of how the county will provide a realistic opportunity for the development of moderate income housing within the planning horizon, including a recommendation to implement three or more of the following moderate income housing strategies:
(3)(a)(ii)(A) rezone for densities necessary to facilitate the production of moderate income housing;
(3)(a)(ii)(B) demonstrate investment in the rehabilitation or expansion of infrastructure that facilitates the construction of moderate income housing;
(3)(a)(ii)(C) demonstrate investment in the rehabilitation of existing uninhabitable housing stock into moderate income housing;
(3)(a)(ii)(D) identify and utilize county general fund subsidies or other sources of revenue to waive construction related fees that are otherwise generally imposed by the county for the construction or rehabilitation of moderate income housing;
(3)(a)(ii)(E) create or allow for, and reduce regulations related to, internal or detached accessory dwelling units in residential zones;
(3)(a)(ii)(F) zone or rezone for higher density or moderate income residential development in commercial or mixed-use zones, commercial centers, or employment centers;
(3)(a)(ii)(G) amend land use regulations to allow for higher density or new moderate income residential development in commercial or mixed-use zones near major transit investment corridors;
(3)(a)(ii)(H) amend land use regulations to eliminate or reduce parking requirements for residential development where a resident is less likely to rely on the resident's own vehicle, such as residential development near major transit investment corridors or senior living facilities;
(3)(a)(ii)(I) amend land use regulations to allow for single room occupancy developments;
(3)(a)(ii)(J) implement zoning incentives for moderate income units in new developments;
(3)(a)(ii)(K) preserve existing and new moderate income housing and subsidized units by utilizing a landlord incentive program, providing for deed restricted units through a grant program, or establishing a housing loss mitigation fund;
(3)(a)(ii)(L) reduce, waive, or eliminate impact fees related to moderate income housing;
(3)(a)(ii)(M) demonstrate creation of, or participation in, a community land trust program for moderate income housing;
(3)(a)(ii)(N) implement a mortgage assistance program for employees of the county, an employer that provides contracted services for the county, or any other public employer that operates within the county;
(3)(a)(ii)(O) apply for or partner with an entity that applies for state or federal funds or tax incentives to promote the construction of moderate income housing, an entity that applies for programs offered by the Utah Housing Corporation within that agency's funding capacity, an entity that applies for affordable housing programs administered by the Department of Workforce Services, an entity that applies for services provided by a public housing authority to preserve and create moderate income housing, or any other entity that applies for programs or services that promote the construction or preservation of moderate income housing;
(3)(a)(ii)(P) demonstrate utilization of a moderate income housing set aside from a community reinvestment agency, redevelopment agency, or community development and renewal agency to create or subsidize moderate income housing;
(3)(a)(ii)(Q) eliminate impact fees for any accessory dwelling unit that is not an internal accessory dwelling unit as defined in Section 17-79-611;
(3)(a)(ii)(R) create a program to transfer development rights for moderate income housing;
(3)(a)(ii)(S) ratify a joint acquisition agreement with another local political subdivision for the purpose of combining resources to acquire property for moderate income housing;
(3)(a)(ii)(T) develop a moderate income housing project for residents who are disabled or 55 years old or older;
(3)(a)(ii)(U) create or allow for, and reduce regulations related to, multifamily residential dwellings compatible in scale and form with detached single-family residential dwellings and located in walkable communities within residential or mixed-use zones;
(3)(a)(ii)(V) demonstrate implementation of any other program or strategy to address the housing needs of residents of the county who earn less than 80% of the area median income, including the dedication of a local funding source to moderate income housing or the adoption of a land use ordinance that requires 10% or more of new residential development in a residential zone be dedicated to moderate income housing;
(3)(a)(ii)(W) create a housing and transit reinvestment zone in accordance with Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act;
(3)(a)(ii)(X) create a home ownership investment zone in accordance with Part 5, Home Ownership Promotion Zone;
(3)(a)(ii)(Y) create a first home investment zone in accordance with Title 63N, Chapter 3, Part 16, First Home Investment Zone Act;
(3)(a)(ii)(Z) approve a project that receives funding from, or qualifies to receive funding from, the Utah Homes Investment Program created in Title 51, Chapter 12, Utah Homes Investment Program;
(3)(a)(ii)(AA) adopt or approve a qualifying affordable home ownership density bonus for single-family residential units, as described in Section 17-80-401; and
(3)(a)(ii)(BB) adopt or approve an affordable home ownership density bonus for multi-family residential units, as described in Section 17-80-402.
(3)(b) The planning commission shall identify each moderate income housing strategy recommended to the legislative body for implementation by restating the exact language used to describe the strategy in Subsection (3)(a)(ii).
(4) (4)(a) In drafting the implementation plan portion of the moderate income housing element as described in Subsection (2)(c), the planning commission shall recommend to the legislative body the establishment of a five-year timeline for implementing each of the moderate income housing strategies selected by the county for implementation.
(4)(b) The timeline described in Subsection (4)(a) shall:
(4)(b)(i) identify specific measures and benchmarks for implementing each moderate income housing strategy selected by the county; and
(4)(b)(ii) provide flexibility for the county to make adjustments as needed.

Legislative History

Enacted by Chapter 14, 2025 Special Session 1