Senate Bill 262 would allow local legislative bodies, like city councils, to settle litigation regarding any land use decision with a private property owner.
The bill, approved by the House, states local governments could reach a settlement through a consent agreement. Approval from the local planning commission wouldn’t be required.
If passed, a property owner could attempt to reach an agreement with a city council after exhausting all administrative remedies, instead of taking the case to court.
“What this essentially does is allows elected city councils to make land use decisions and to be able to have that city council, as the elected body, to be the final say in the land use matter,” floor sponsor Utah County Republican Stephen Whyte said.
The Utah League of Cities and Towns is supportive of the bill.
The proposed law could impact how Park City handles appeals of land use decisions, which have included many high-profile projects in recent years, like Park City Mountain’s unsuccessful application to upgrade two lifts.
The city council recently discussed changing the structure of the city’s appeal authorities. Right now, three bodies handle appeals in Park City: the planning commission, the Board of Adjustment and a separate appeals panel.
"Per the City Council's Legislative Platform, we support legislation that maintains local land use authority," Park City Municipal spokesperson Clayton Scrivner said. "Consent agreements are one mechanism for resolving land use disputes and SB 262 appears to preserve local governments' discretion in settling these matters at the local level."
The bill passed in the House and was awaiting a vote in the Senate as of Thursday afternoon.
