Emery County planners recognize Trail Canyon as legal nonconforming lot to allow building permits

The Emery County Planning and Zoning Commission voted unanimously Nov. 12 to designate the Trail Canyon community in Trail Canyon as a legal nonconforming lot, a change county staff said will allow the property owner and residents to pursue zoning clearances and building permits to upgrade or replace homes.

Charles Reynolds, property manager for COP Coal Development Company, told the commission the canyon is served by a state-approved drinking-water system and individual septic systems. "With the water system, we have a total of 25 connections. I think right now, there's probably 17 active connections," Reynolds said, describing the scale of service the county staff must evaluate for permitting.

Health officials indicated septic capacity matters for remodeling. Brandon Pearson of the Southeast Utah Health Department said septic systems "may not be able to handle the load" if a remodel adds bedrooms or increases occupancy; he said approved septic designs and on-site evaluations are required before building permits can be issued for new or enlarged dwellings.

Commissioners and staff described Trail Canyon as a long-established, company-owned community in which COP owns structures and tenants occupy homes under agreements. Commissioners noted assessor records list structures individually for taxation, but the site lacks legal meets-and-bounds plats. Planning staff and commissioners said the county can recognize the area as a legal nonconforming lot so long as no additional lots are created; replacements to existing lots would be allowed to obtain permits if they meet applicable building and septic standards.

The motion to "approve designation of legal nonconforming lot to meet the requirements of building permits" was made by Commissioner Tyler Jeffs, seconded, and passed unanimously. County staff said zoning clearance language will be recorded so the building department can process permit applications for repair or replacement work that complies with health and building requirements.

The designation does not subdivide the property or change ownership; commissioners emphasized lenders and mortgage arrangements remain tied to the landowner’s parcel and noted COP's current practice of documenting tenant contributions to improvements. Reynolds said COP typically documents improvements in agreements that allow reimbursement while COP retains ownership of the structures.

Next steps: property owners or residents seeking permits must submit building permit applications and, where required, approved septic designs and site evaluations. County staff and consultants will document the nonconforming designation and work with applicants to ensure compliance with HUD/manufactured-housing standards where applicable.