State legislators switched up subdivision rules last year as part of an ongoing effort to make housing more affordable by increasing supply.
Now, counties must move more quickly to approve or deny subdivisions, where property owners slice their land into new parcels to build on or sell, while complying with underlying zoning.
Passed in 2024, the law was designed to streamline the subdivision approval process to help increase the supply of homes, according to its sponsor, Rep. Stephen Whyte. Previously, planning commissioners reviewed subdivisions and made recommendations to the county council, which added days if not weeks to the overall process.
The county council is cut out of the process now, and the planning commission’s role is simply to hold a public hearing, according to Summit County Senior Planner Ray Milliner.
“The state, because they didn't have another avenue for doing a public hearing, they allowed [the planning commission] to be involved, but their preference is that you guys wouldn't even be involved, no offense,” Milliner told the Eastern Summit County Planning Commission Feb. 6.
Eastern Summit County planning commissioners gave their votes of approval to two subdivisions: four lots in Henefer and three lots in Peoa.
Under the law, they’re called “preliminary subdivisions.” County staff, not councilmembers, will approve or deny the final subdivisions.
County planners have to work more quickly under the new law. Community Development Director Peter Barnes said his office has a 15-day deadline to ferry information back and forth from the property owner and local service providers.
“Because the service providers, engineering departments, sewer water, fire district, etc., get one shot at it, then they're going to ask for all the technical information to be provided early in the process. So for a small project, you're committing in advance to creating a set of technical drawings, which previously you may not have had to do,” Barnes said.
Rep. Whyte said last year the goal is to create certainty and minimize risk for whoever is subdividing.
Barnes said there are winners and losers, depending on the size of the subdivision.
“The winners would probably be the larger projects, the larger developers, where that commitment is already in place,” Barnes said. “The small subdivision, separating a lot for family purposes, might be a bit more complicated than previously anticipated.”
The subdivisions approved Feb. 6 were the first two preliminary subdivisions Summit County has seen. All future subdivisions will proceed under the same expedited process.
