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Planning commission forwards subdivision‑ordinance amendments to county commissioners, clarifies water‑hauling language

Duchesne County Planning Commission · March 5, 2025
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Summary

The planning commission voted to recommend proposed Ordinance 25‑418 to the Duchesne County Commissioners, endorsing a reduction of minor‑subdivision lot limits (10→4), clarified waiting periods tied to water sources, and directed staff to make paragraph 3 and section 5(c) clearer on when Tri County Health and the Division of Water Rights can approve water hauling.

The Duchesne County Planning Commission voted to forward recommended amendments to the county subdivision ordinance (proposed Ordinance 25‑418) to the Duchesne County Commissioners, with staff clarifications to paragraph 3 and section 5(c) intended to avoid ambiguity about water‑hauling and minimum lot sizes.

Staff explained the principal changes since the Feb. 5 hearing, including: reducing the number of lots allowed in a minor subdivision from 10 to 4 to discourage piecemeal development; retaining a one‑year waiting period for minor subdivisions served by a culinary water system and proposing a three‑year waiting period when lots are served by wells or spring sources; and specifying that parcels designated for agriculture cannot be reclassified for recreation or residential uses consistent with Utah Code. Staff also removed an earlier proposed groundwater‑study requirement because of cost and said the county is exploring funding with the Utah Geological Survey.

Multiple members of the public and developers urged clarity on roads and water. A developer who compiled comparative county data said limiting lots could push applicants into standard subdivisions with higher upfront costs. Opponent Kate Dunsford read Tri County Health drinking‑water Rule 309 and warned the commission that, as written, the ordinance could be read to deny water hauling for small lots: ‘‘Water hauling is not an acceptable permanent method for culinary water supply for full‑time residential use,’’ she said, and urged staff to clarify the language so Tri County approvals for hauling are explicit where appropriate.

Tri County and a drinking‑water reviewer present said non‑public and private hauling arrangements are reviewed case‑by‑case and that Tri County typically requires documentation (test wells, will‑serve letters, or other evidence) before allowing hauling for new lots. Staff said the ordinance will rely on Tri County Health and the Utah Division of Water Rights to verify whether sufficient water exists for proposed lots; if those authorities cannot verify adequate water (by culinary connection, well or approved hauling), the ordinance sets a 40‑acre minimum lot size for the subdivision.

After extended discussion about the policy tradeoffs—balancing water‑resource protection, fire and road access, and housing/developer costs—the commission approved a motion to recommend the ordinance to the county commissioners with the suggested clarifications. The county commissioners will hold their public hearing on March 10; the planning commission’s recommendation will be part of that record.