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Bluffdale commission unanimously recommends code updates to comply with HB 368 on plan reviews, annexations and bonds
Summary
The Bluffdale Planning Commission on Oct. 15 unanimously recommended that City Council adopt ordinance amendments to Titles 9, 11 and 12 to implement 2025 state law changes (HB 368). The amendments address expedited review and reduced fees for identical plans, land‑disturbance permit timing, annexation references, nonconforming definitions, and a
The Bluffdale City Planning Commission unanimously voted Oct. 15, 2025 to forward recommended amendments to Chapter Titles 9, 11 and 12 of the Bluffdale City Code to ensure compliance with the 2025 state legislative changes commonly referred to as HB 368.
Planning staff presented the amendments, which implement several statewide requirements and clarify local process points. Caitlin Tubbs outlined major changes: allowing submittal of state‑defined “identical plans” for expedited review with reduced plan‑review fees; requiring that land‑disturbance permits be issued or waived before site work begins; updating annexation notice references to match revised state statute sections and directing the planning commission’s role to follow state annexation policy procedures; aligning local definitions of noncomplying structures and nonconforming uses with state code; and changing bonding procedures so that, when cash bonds earn interest, the interest must be returned along with the bond when improvements are accepted (00:41:55).
“An identical plan…qualifies for expedited review and a lower fee under state code,” Tubbs explained, and noted that identical‑plan fees are limited to actual review cost or 30% of the standard fee, whichever is less (00:41:55).
Key operational impacts described by staff include:
• Plan review: Builders that submit identical plans may receive expedited review and a fee reduction as defined by state law. Tubbs said the city will limit reduced fees to the lesser of actual cost or 30% of the normal plan‑review fee.
• Land disturbance: A land‑disturbance permit must be issued or waived before any site work begins, even if a building permit is on file; staff cited recent incidents where early grading caused stormwater concerns.
• Annexation: The planning commission must follow state code guidance for annexation policy plans and recommendations; staff recommended code text point to the state process rather than rewriting extensive annexation rules.
• Bonds and public improvements: HB 368 requires the city to inspect public improvements within 15 days of a builder’s request; when the city accepts cash bonds that earn interest, the bond principal plus accrued interest must be returned to the developer after acceptance.
Motion and vote Commissioner Tina Griffiths moved and Commissioner Ulysses Flynn seconded a motion to forward a positive recommendation to City Council for the proposed HB 368 compliance amendments based on the staff report. The motion passed unanimously (5–0).
Next steps Staff will prepare ordinance language for council transmittal and schedule the public hearing. The City Council will consider the code updates and may adopt them in ordinance form to implement state law locally.
