Rule R23-9. Cooperation with Local Government Planning.

As in effect on August 1, 2009

Table of Contents

• R23-9-1. Purpose and Authority.
• R23-9-2. Definitions.
• R23-9-3. Exemption from Local Government Planning and Zoning Authority.
• R23-9-4. Consideration of Local Government Planning.
• R23-9-5. Additional Requirements for Secured Facilities.
• KEY
• Date of Enactment or Last Substantive Amendment
• Notice of Continuation
• Authorizing, Implemented, or Interpreted Law

R23-9-1. Purpose and Authority.

(1) This rule provides for cooperation with local government planning efforts when siting, designing, and constructing facilities on state property.

(2) This rule is authorized under Section 63A-5-103 which directs the Building Board to make rules necessary for the discharge of its duties and those of the division.

(3) The statutory provisions that set forth the relationship between the planning and zoning authority of local governments and the construction of facilities on state property are contained in Section 63A-5-206.

R23-9-2. Definitions.

(1) "Director" means the director of the division, including, unless otherwise stated, his duly authorized designee.

(2) "Division" means the Division of Facilities Construction and Management established pursuant to Section 63A-5-201.

(3) "Local government" means a "municipality" as defined in Section 10-9-103 or a "county" as defined in Section 17-27-103.

(4) "State property" means land owned by the State of Utah and any department, division, agency, institution, commission, board, or other administrative unit of the State of Utah; including but not limited to, the division, the State Building Ownership Authority, and state institutions of higher education.

R23-9-3. Exemption from Local Government Planning and Zoning Authority.

(1) As provided for in Section 63A-5-206, Section 10-9-105, and Section 17-27-104.5, construction on state property is not subject to the planning and zoning authority of local governments regardless of what entity will own or occupy the resulting facility. Construction on state property is not subject to local government building permit requirements, or plan reviews.

(2) This exemption does not apply to the business regulation authority of local governments except as follows.

(a) Any requirement to comply with the local government's planning or zoning ordinance in order to receive a business license or similar business permit shall be deemed to have been met through the division's determination of siting and design requirements.

(b) As otherwise provided by law.

R23-9-4. Consideration of Local Government Planning.

(1) When determining the location and design of facilities to be constructed on state property, the division shall consider input received from local governments and, as appropriate, local government planning and zoning requirements that would apply if the property were not owned by the state. This may include discussions with local government planning officials and/or a review of some or all of the following local government documents:

(a) master plan;

(b) zoning ordinance; and

(c) requirements for ingress, egress, parking, landscaping, fencing, buffering, traffic circulation, and pedestrian circulation.

(2) In any dispute regarding departures from local government requirements, the final determination shall be made by the director.

R23-9-5. Additional Requirements for Secured Facilities.

In addition to the requirements of this rule, the director shall comply with the requirements of Subsection 63A-5-206(12) regarding notice and hearings for projects involving diagnostic, treatment, parole, probation, or other secured facilities.

KEY

construction, planning, zoning

Date of Enactment or Last Substantive Amendment

March 24, 2003

Notice of Continuation

December 31, 2007

Authorizing, Implemented, or Interpreted Law

63A-5-103