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Planning staff proposes ordinance revisions to limit county role in land‑use appeals under new state law
Summary
County planning staff presented a draft ordinance to align county code with state Senate Bill 284, including removing the commission as an appeal authority, consolidating appeals under a single hearing officer and shifting appeals to a record‑based review; the draft will be finalized for attorney review and advertised for public hearing.
Presenter Speaker 9 told the Duchesne County Commission that a package of ordinance changes is needed to bring county code into compliance with state Senate Bill 284. He said the draft focuses on five principal changes: removing the county commission as an appeal authority beginning July 1, 2026; preventing the county from requiring successive appeals; changing the standard of review to a record-based review; consolidating appeal authority into a single hearing officer or administrative judge; and updating obsolete state-code references.
"Beginning on 07/01/2026, a county described in subject section 1779.0.1 may not designate a county's legislative body as an appeal authority," Speaker 9 said, summarizing part of the statute and the ordinance language he recommended. He explained the proposed change would preserve due‑process protections while narrowing who may participate in appeal hearings to appellants, applicants and county representatives.
Speaker 9 argued a record-based review would confine appeals to the factual record created at the original land-use hearing and allow remand to the original land-use authority if the record lacks substantial evidence. He said a single appeal authority — a qualified hearing officer or administrative judge — would reduce multiple successive appeals and speed final decisions.
Commissioners asked clarifying questions about the practical effects on public hearings, who may speak at appeals and the transition timeline. Speaker 9 recommended the commission recess the public hearing so staff and county counsel can finalize ordinance language; he said the codified draft should be ready for advertisement after attorney review and a planning commission recommendation.
Next steps: staff will finish the draft, route it to county counsel for legal review, and the commission will consider the ordinance at a future public hearing after the planning commission recommendation.
