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Council adopts rockfall-hazard ordinance requiring geotechnical reports and recorded waivers

Hurricane City Council · April 17, 2025
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Summary

Ordinance 2025-7 was approved unanimously to require geotechnical reports, plat notices, and recorded waiver-of-liability language for properties in rockfall hazard zones; council debated liability transfer, mitigation feasibility, and the historical rarity of fatalities.

Hurricane City Council unanimously approved Ordinance 2025-7, amending Title 10, Chapter 28 to add development standards for rockfall hazard zones. The ordinance requires a geological engineering report that acknowledges the hazard and identifies a proposed development’s location within the rockfall zone, depicts the hazard boundary on plats, and requires property owners to record a waiver of liability in a form approved by the city attorney before receiving building permits.

Council discussion centered on buyer notice and city liability. One speaker cited historical counts of rockfall fatalities ("18 fatalities since 1850"), arguing the absolute risk is low, while others noted that landslide/rockfall risk can be catastrophic and that title and recorded waivers are effective ways to place notice on future owners. Council members asked how a waiver would run with the land; staff clarified the waiver would be recorded against the property and apply to successors and assigns.

Members debated mitigation options, which could be prohibitively expensive for major rockfall events, and whether outright prohibitions on development in some hazard zones are warranted. The planning commission and staff recommended the ordinance language to place notice and require technical review; council adopted the measure unanimously.

The ordinance will require staff to update permit processes and standard waiver forms and to ensure plats include the rockfall hazard boundary as described in the Utah Geological Survey special study referenced in the draft language.