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Council adopts ordinance requiring rockfall notices, geotechnical reports and recorded waivers for properties in rockfall hazard zones
Summary
Ordinance 2025-7 amends the municipal development code to require geological engineering reports, plat-level notices and recorded waivers of liability for properties in mapped rockfall hazard zones; the council approved the ordinance unanimously.
Hurricane City Council unanimously adopted Ordinance 2025-7, amending development standards to address building in mapped rockfall hazard zones.
Under the ordinance language presented at the meeting, any development proposed in a rockfall hazard zone identified by the Utah Geological Survey must include a geological engineering report that acknowledges the hazard and identifies where the development sits within the mapped zone. Platted developments must show the rockfall-hazard boundary on recorded plats with a notice to owners. Before receiving building permits for properties within the zone, property owners must record a waiver of liability in a form approved by the city attorney that acknowledges the rockfall hazard and indemnifies the city against claims related to rockfall events affecting the property.
Council discussion centered on balancing public notice and city liability. One council member noted that recorded plat notices and waivers put future buyers on title notice; another council member raised concern that waivers can be challenged and that extreme mitigation measures would be costly. Staff said the intent of the ordinance is to put owners and future buyers on notice and to require geotechnical investigation already standard for many developments.
The ordinance passed on a unanimous vote.
