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Senate adopts land‑use changes intended to accelerate housing supply, returns measure to House

Utah State Senate · March 3, 2023
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Summary

Senators substituted and passed fifth substitute House Bill 406, which revises annexation definitions, limits use of development agreements to delay projects, and clarifies development standards to speed approvals — the sponsor said the package aims to increase housing supply in Utah's strong economy.

Senator Fillmore presented a substituted and amended version of House Bill 406, describing the bill as the third item from the commission on housing affordability and a package of changes intended to increase housing supply. Fillmore said the bill clarifies the definition of 'rural real property' in annexation disputes, prevents cities and counties from using development agreements as a precondition that effectively creates perpetual moratoria, and provides more certainty on time frames and approval processes between cities and developers.

During floor consideration, Fillmore moved to replace the second substitute with a fifth substitute to remove language concerning subterranean structures. Senator Kennedy identified and moved a small technical amendment deleting redundant language; the body approved that amendment. After limited discussion, Fillmore moved under suspension of the rules to pass the fifth substitute.

The clerk recorded the roll call on the motion; President Adams announced fifth substitute House Bill 406 had received 23 yay votes, 0 nay votes and 6 absent and that it would be returned to the House for further consideration.

Sponsor Fillmore framed the bill as providing certainty and consistency to help increase housing supply to match demand from Utah’s economy; the floor action included substitution and amendment prior to passage.