§ 17C-3-102 — Process for adopting an economic development project area plan -- Prerequisites -- Restrictions.

(1) In order to adopt an economic development project area plan, after adopting a resolution under Subsection 17C-3-101.5(1) the agency shall:
(1)(a) prepare a proposed economic development project area plan and conduct any examination, investigation, and negotiation regarding the project area plan that the agency considers appropriate;
(1)(b) make the proposed project area plan available to the public at the agency's offices during normal business hours;
(1)(c) provide notice of the plan hearing as provided in Chapter 1, Part 8, Hearing and Notice Requirements;
(1)(d) hold a public hearing on the proposed project area plan and, at that public hearing:
(1)(d)(i) allow public comment on:
(1)(d)(i)(A) the proposed project area plan; and
(1)(d)(i)(B) whether the proposed project area plan should be revised, approved, or rejected; and
(1)(d)(ii) receive all written and hear all oral objections to the proposed project area plan;
(1)(e) before holding the plan hearing, provide an opportunity for the State Board of Education and each taxing entity within the proposed project area to consult with the agency regarding the proposed project area plan;
(1)(f) after holding the plan hearing, at the same meeting or at a subsequent meeting consider:
(1)(f)(i) the oral and written objections to the proposed project area plan and evidence and testimony for or against adoption of the proposed project area plan; and
(1)(f)(ii) whether to revise, approve, or reject the proposed project area plan;
(1)(g) approve the proposed project area plan, with or without revisions, as the project area plan by a resolution that complies with Section 17C-3-105; and
(1)(h) submit the project area plan to the community legislative body for adoption.
(2) An agency may not propose a project area plan under Subsection (1) unless the community in which the proposed project area is located:
(2)(a) has a planning commission; and
(2)(b) has adopted a general plan under:
(2)(b)(i) if the community is a municipality, Title 10, Chapter 20, Part 4, General Plan; or
(2)(b)(ii) if the community is a county, Title 17, Chapter 79, Part 4, General Plan.
(3) A board may not approve a project area plan more than one year after the date of the plan hearing.
(4) (4)(a) Except as provided in Subsection (4)(b), a proposed project area plan may not be modified to add one or more parcels to the proposed project area unless the board holds a plan hearing to consider the addition and gives notice of the plan hearing as required under Chapter 1, Part 8, Hearing and Notice Requirements.
(4)(b) The notice and hearing requirements under Subsection (4)(a) do not apply to a proposed project area plan being modified to add one or more parcels to the proposed project area if:
(4)(b)(i) the parcel is contiguous to the parcels already included in the proposed project area under the proposed project area plan; and
(4)(b)(ii) the record owner of the property consents to adding the parcel to the proposed project area.

Legislative History

Amended by Chapter 15, 2025 Special Session 1