Full text of Utah Utah Code § 17-79-101 — Purposes -- General land use authority -- Limitations., with citation guidance and answers to common questions.
§ 17-79-101. Purposes -- General land use authority -- Limitations.
Effective 11/6/2025
17-79-101.
Purposes -- General land use authority -- Limitations.
| (1) |
| (a) | The purposes of this chapter are to:
| (i) | provide for the health, safety, and welfare; |
| (ii) | promote the prosperity; |
| (iii) | improve the morals, peace, good order, comfort, convenience, and aesthetics of each county and each county's present and future inhabitants and businesses; |
| (iv) | protect the tax base; |
| (v) | secure economy in governmental expenditures; |
| (vi) | foster the state's agricultural and other industries; |
| (vii) | protect both urban and nonurban development; |
| (viii) | protect and ensure access to sunlight for solar energy devices; |
| (ix) | provide fundamental fairness in land use regulation; |
| (x) | facilitate orderly growth, allow growth in a variety of housing types, and contribute toward housing affordability; and |
| (xi) | protect property values. |
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| (b) | Subject to Subsection (4) and Section 11-41-103, to accomplish the purposes of this chapter, a county may enact all ordinances, resolutions, and rules and may enter into other forms of land use controls and development agreements that the county considers necessary or appropriate for the use and development of land within the unincorporated area of the county or a designated mountainous planning district, including ordinances, resolutions, rules, restrictive covenants, easements, and development agreements governing:
| (ix) | transportation and public or alternative transportation; |
| (xi) | street and building orientation and width requirements; |
| (xiii) | fundamental fairness in land use regulation; and |
| (xiv) | considerations of surrounding land uses to balance the foregoing purposes with a landowner's private property interests and associated statutory and constitutional protections. |
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| (2) | Each county shall comply with the mandatory provisions of this part before any agreement or contract to provide goods, services, or municipal-type services to any storage facility or transfer facility for high-level nuclear waste, or greater than class C radioactive waste, may be executed or implemented. |
| (3) |
| (a) | Any ordinance, resolution, or rule enacted by a county in accordance with the county's authority under this chapter shall comply with the state's exclusive jurisdiction to regulate oil and gas activity, as described in Section 40-6-2.5. |
| (b) | A county may enact an ordinance, resolution, or rule that regulates surface activity incident to an oil and gas activity if the county demonstrates that the regulation:
| (i) | is necessary for the purposes of this chapter; |
| (ii) | does not effectively or unduly limit, ban, or prohibit an oil and gas activity; and |
| (iii) | does not interfere with the state's exclusive jurisdiction to regulate oil and gas activity, as described in Section 40-6-2.5. |
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| (4) |
| (a) | This Subsection (4) applies to development agreements entered into on or after May 5, 2021. |
| (b) | A provision in a county development agreement is unenforceable if the provision requires an individual or an entity, as a condition for issuing building permits or otherwise regulating development activities within an unincorporated area of the county, to initiate a process for a municipality to annex the unincorporated area in accordance with Title 10, Chapter 2, Part 8, Annexation. |
| (c) | Subsection (4)(b) does not affect or impair the enforceability of any other provision in the development agreement. |
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Renumbered and Amended by Chapter
14, 2025 Special Session 1
Frequently Asked Questions About Utah § 17-79-101
What does Utah Code § 17-79-101 cover?
Section 17-79-101 ("Purposes -- General land use authority -- Limitations.") 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 § 17-79-101?
A common citation format is "Utah Code § 17-79-101" (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 § 17-79-101 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.
