Huntington Canyon landowner asks Emery County to clarify rules for uses on one-acre nonconforming lot

Jason Merrill, a property owner in Huntington Canyon, told the Emery County Planning Commission at its March 2025 meeting that he needs a written clarification of what he may legally do on his one‑acre nonconforming lot.

Merrill read a multi‑page list of specific questions and said county staff had given him different verbal answers over several visits. He asked whether he may fish on the lot; park cars, licensed utility trailers, RVs or box trucks; leave a tent or teepee up for camping; build a six‑foot privacy fence; place sheds smaller than 200 square feet; pasture horses, sheep or goats; build corrals or a haystack shelter; or place Connex shipping containers or semi trailers on the property. Merrill cited the state’s vehicle definition and a Supreme Court decision, Lucas v. South Carolina Coastal Council, to argue that the county’s rules must be sufficiently clear and not impose a total ban without compensation.

Why it matters: Merrill says the county previously sent a letter saying rules had not changed and that he must request permission in writing for uses the county considers outside allowed uses. He asked for specific ordinance citations and a written reply that he said he can rely on.

County response and next steps: Zoning Administrator Jim Jennings told Merrill the parcel is a nonconforming lot and confirmed that permanent structures are not allowed on it. Chair Gary Orrington said the commission would forward Merrill’s written questions to the county attorney and place the matter on a future Planning Commission agenda after the attorney’s response. Orrington and commissioners said they will keep Merrill informed; no deadline was set.

Direct quotes and context: Merrill said, “Several months ago, I met with your committee to ask what I could legally do on my 1 acre lot located in Huntington Canyon.” Jim Jennings clarified during the meeting, “It is a nonconforming lot,” and added that nonconforming lots cannot have permanent structures under current county practice. Chair Gary Orrington told Merrill, “This will definitely go to the county attorney, and this will be placed on the future Emery County Planning and Zoning agenda after we have clarification.”

What the meeting did not decide: Commissioners did not take a policy vote or issue a formal interpretation at the meeting. They referred Merrill’s written questions to the county attorney for legal review before further action.

The commission recorded no specific timeframe for the attorney’s response; Merrill requested to be notified when the item returns to the agenda.