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Prospective buyers press Rush Valley staff on legal access, utilities and ADU rules for nonconforming lots
Summary
During public comment May 6, prospective buyers and a realtor asked planning staff detailed questions about legal access, easements, wells, septic, ADU rules and rezoning for 20-acre nonconforming parcels; staff explained platted access (Cedar extension), required improvements to meet fire standards, and county roles in septic/well approvals.
Prospective buyers and a realtor used the Rush Valley Planning and Zoning Committee’s public comment period May 6 to seek detailed guidance about building on 20-acre nonconforming parcels.
Mary Lynn, who identified herself and gave a Midvale address, said she had “a whole host of questions about permitting and the process” for a parcel she said is closest to Pine Street. Suzanne Plympton, the property’s realtor, asked whether the dirt road currently used by neighbors qualifies as legal access and what steps are required to secure a building permit.
Staff explained that legal access for a building permit requires a recorded, legal access route — either an improved public road or a recorded easement or fee title across adjacent lands. They said a nearby platted right-of-way (the extension of Cedar) appears on the town map as a 66-foot right-of-way even though the physical road is not built; if access is shown as platted, the town owns the right-of-way but improving the road to fire-department standards is typically the applicant’s responsibility.
On utilities, staff summarized the typical sequence: obtain a well permit and state water right, then get county health approval for a septic system design (an engineer must stamp the septic design). Staff said electrical and other trade permits can be bundled with the building-permit application if plans are submitted together, but some permits (for example, separate electrical work done later) may be issued separately. Rocky Mountain Power sets its own service terms and often requires trenching and customer costs for underground service.
Realtors and buyers also asked about accessory dwelling units (ADUs) and nonconforming lots. Staff said internal ADUs on lots with a legal nonconforming primary dwelling are conditional uses, while attached or detached ADUs are prohibited on lots whose primary dwelling is a legal nonconforming use. The committee advised that seeking rezoning (for example, from A40 to A20 or smaller) is possible but must be pursued through the town and has not always succeeded in prior requests.
Attendees asked how to verify whether a lot is grandfathered (pre-cutoff subdivision). Staff recommended checking county plat records and town GIS; lots subdivided before the town’s cutoff year (committee members cited the late 1970s) are commonly grandfathered as legal nonconforming and therefore buildable under those rules.
Committee members and staff offered to provide follow-up information and copies of relevant maps and permitted-checklists. With no further comment, the committee closed public comment and adjourned.
