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Land Use/Zoning:
Environmentally Restricted Zoning Districts

Our Position: oppose
Bill Number: hb233
Sponsor: Rep Michael Morley (R-Spanish Fork)
Legislative Session: 2007 General Session

Status

Some of the worst aspects of this bill were modified in committee.  Big problems remain, however, including the fact that the bill

1) encourages developers to shop around for a an engineer or "competent expert" to challenge the municipality's own expert judgment;

2) requires the municipality to develop "substantial and compelling evidence in the record" for each parcel in an environmentally-restricted zone; this busywork is intended to be a deterrent;

3) forbids the municipality from zoning based on aesthetics, protection of wildlife habitat or vegetation, or on the cost of delivering services;

4) compels municipalities to enter into binding arbitration--which must be paid for by the municipality--with developers if their application is denied; and

5) forbids the municipality from imposing a lot size in the environmentally restricted zone greater than lots approved elsewhere--including presumably outside the environmentally restricted zone--in the past 3 years; essentially this bars any increase in the minimum lot size.

The municipality is permitted, as a result of the amendments made in committee, to reject the evidence provided by the developer, but how many will do so?  The amended version still provides for binding arbitration that would have to be paid for by the municipality.  Some towns are so strapped they can't afford even a full-time planning staff.

Action Needed

The House Government Operations & Political Subdivisions Committee approved the amended version of this bill, 8-2-1.  Only two representatives, Lorie Fowlke and Larry Wiley, voted against passage; please send them an e-mail or give them a call to thank them. 

Even more importantly, we need to get a message to all the other members of the house to oppose this bill. To leave a message the main house phone number is 538-1029.  You can also find the link to your representative's contact info in the contact info field below. 

The bill is on the house floor, but its sponsor circled it on Feb 21st--or asked for a temporary suspension of consideration.  It could be uncircled quickly, probably at the time its sponsor considers most advantageous for passage.  Please call now.

Contact

Background

A similar bill, written by the developers themselves, was introduced in the 2005 session by former Sen Al Mansell.  It looks as though the developers are going to have a go at this bad legislation every session.  Have a look at the amended version of the bill.