Council considers ordinance to remove exception to 100‑foot river setback, shift recording of high‑water agreements
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Summary
Planning staff proposed removing a long‑standing exception to the 100‑foot river setback and delaying recording of a 'full harmless' agreement until certificate of occupancy, intending to speed permitting while protecting the river corridor; councilors pressed for a River Corridor Plan and discussed moratorium options.
Provo planning staff proposed two narrowly tailored amendments to the city code on Jan. 13 aimed at strengthening protections for the river corridor and streamlining permitting in high‑water‑table areas.
Aaron Ardmore, Planning Supervisor, said the first change removes an exception that previously allowed certain developments to be closer than the code’s 100‑foot setback from the river. The second change moves the timing of a 'full harmless' agreement — a recorded acknowledgement used in high water‑table areas — from before building‑permit issuance to before certificate of occupancy. Ardmore said the shift would speed upfront permit review while still ensuring the agreement is recorded before occupancy.
Councilors asked whether projects currently in the pipeline would be affected; staff said already‑approved projects are grandfathered. The council discussed whether the ordinance should be paired with a broader River Corridor Plan and whether a temporary moratorium would be appropriate while that plan is prepared. Staff said removing the exception offers an immediate protective measure and that staff will return with more detailed River Corridor planning work if the council provides direction.
Several council members requested a clear memo documenting objectives and timelines for a River Corridor Plan and said they want the staff recommendations to reflect council priorities. The item will return for further consideration at upcoming meetings.
