Full text of Utah Utah Code § 17-79-1001 — Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties., with citation guidance and answers to common questions.
Subject to Subsection (1)(d), each county adopting a land use ordinance shall, by ordinance, establish one or more appeal authorities.
(b)
An appeal authority shall hear and decide:
(i)
requests for a variance from a land use ordinance;
(ii)
appeals from a land use decision applying a land use ordinance; and
(iii)
appeals from a fee charged in accordance with Section 17-79-802.
(c)
An appeal authority may not hear an appeal from the enactment of a land use regulation.
(d)
Beginning on July 1, 2026, a county described in Subsection 17-79-302(5)(a)(i) may not designate the county's legislative body as an appeal authority.
(e)
Notwithstanding Subsection (1)(d), a legislative body shall continue to be the appeal authority for an appeal if:
(i)
a land use ordinance designated the legislative body as the appeal authority when the appellant filed the appeal: and
(ii)
the appellant filed the appeal on or before June 30, 2026.
(2)
As a condition precedent to judicial review, each adversely affected party or land use applicant shall timely and specifically challenge a land use authority's land use decision, in accordance with local ordinance.
(3)
An appeal authority described in Subsection (1)(a):
(a)
shall:
(i)
act in a quasi-judicial manner; and
(ii)
serve as the final arbiter of issues involving the interpretation or application of a land use ordinance; and
(b)
may not entertain an appeal of a matter in which the appeal authority, or any participating member, had first acted as the land use authority.
(4)
By ordinance, a county may:
(a)
designate a separate appeal authority to hear requests for variances than the appeal authority the county designates to hear appeals;
(b)
designate one or more separate appeal authorities to hear distinct types of appeals of land use authority decisions;
(c)
require an adversely affected party to present to an appeal authority every theory of relief that the adversely affected party can raise in district court; and
(d)
provide that specified types of land use decisions may be appealed directly to the district court.
(5)
A county may not:
(a)
require a public hearing for a request for a variance or land use appeal; or
(b)
require a land use applicant or adversely affected party to pursue successive appeals before the same or separate appeal authorities as a condition of an appealing party's duty to exhaust administrative remedies.
(6)
If the county establishes or, before May 2, 2005, has established a multiperson board, body, or panel to act as an appeal authority, at a minimum the board, body, or panel shall:
(a)
notify each of the members of the board, body, or panel of any meeting or hearing of the board, body, or panel;
(b)
provide each of the members of the board, body, or panel with the same information and access to municipal resources as any other member;
(c)
convene only if a quorum of the members of the board, body, or panel is present; and
(d)
act only upon the vote of a majority of the convened members of the board, body, or panel.
Frequently Asked Questions About Utah § 17-79-1001
What does Utah Code § 17-79-1001 cover?
Section 17-79-1001 ("Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 17-79-1001?
A common citation format is "Utah Code § 17-79-1001" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 17-79-1001 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
