Full text of Utah Utah Code § 17-79-508 — Development agreements., with citation guidance and answers to common questions.
§ 17-79-508. Development agreements.
Effective 11/6/2025
17-79-508.
Development agreements.
| (1) | Subject to Subsection (2), a county may enter into a development agreement containing any term that the county considers necessary or appropriate to accomplish the purposes of this chapter, including a term relating to:
| (a) | a master planned development; |
| (b) | a planned unit development; |
| (d) | affordable or moderate income housing with development incentives; |
| (e) | a public-private partnership; or |
| (f) | a density transfer or bonus within a development project or between development projects. |
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| (2) |
| (a) | A development agreement may not:
| (i) | limit a county's authority in the future to:
| (A) | enact a land use regulation; or |
| (B) | take any action allowed under Section 17-64-501; |
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| (ii) | require a county to change the zoning designation of an area of land within the county in the future; or |
| (iii) | allow a use or development of land that applicable land use regulations governing the area subject to the development agreement would otherwise prohibit, unless the legislative body approves the development agreement in accordance with the same procedures for enacting a land use regulation under Section 17-79-502, including a review and recommendation from the planning commission and a public hearing. |
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| (b) | A development agreement that requires the implementation of an existing land use regulation as an administrative act does not require a legislative body's approval under Section 17-79-502. |
| (c) | Subject to Subsection (2)(d), a county may require a development agreement for developing land within the unincorporated area of the county if the applicant has applied for a legislative or discretionary approval, including an approval relating to:
| (i) | the height of a structure; |
| (ii) | a parking or setback exception; |
| (iii) | a density transfer or bonus; |
| (iv) | a development incentive; |
| (vi) | an amendment to a prior development agreement. |
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| (d) | A county may not require a development agreement as a condition for developing land within the unincorporated area of the county if:
| (i) | the development otherwise complies with applicable statute and county ordinances; |
| (ii) | the development is an allowed or permitted use; or |
| (iii) | the county's land use regulations otherwise establish all applicable standards for development on the land. |
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| (e) | A county may submit to a county recorder's office for recording:
| (i) | a fully executed agreement; or |
| (ii) | a document related to:
| (B) | a special assessment area; |
| (C) | a local historic district boundary; or |
| (D) | the memorializing or enforcement of an agreed upon restriction, incentive, or covenant. |
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| (f) | Subject to Subsection (2)(e), a county may not cause to be recorded against private real property a document that imposes development requirements, development regulations, or development controls on the property. |
| (g) | To the extent that a development agreement does not specifically address a matter or concern related to land use or development, the matter or concern is governed by:
| (ii) | any applicable land use regulations. |
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Renumbered and Amended by Chapter
14, 2025 Special Session 1
Frequently Asked Questions About Utah § 17-79-508
What does Utah Code § 17-79-508 cover?
Section 17-79-508 ("Development agreements.") 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 § 17-79-508?
A common citation format is "Utah Code § 17-79-508" (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 § 17-79-508 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.
