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Utah · Through 2026 General Session

Utah Code § 10-21-301: Moderate income housing.

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Where this section sits in the code
  1. Title 10 Utah Municipal Code
  2. Chapter 10-21 Municipalities and Housing Supply
  3. Part 10-21-3 Provisions Unique to Residential Zones and Residential Units

(1) A municipality may only require the development of a certain number of moderate income housing units as a condition of approval of a land use application if:

(a) the municipality and the applicant enter into a written agreement regarding the number of moderate income housing units;

(b) the municipality provides incentives for an applicant who agrees to include moderate income housing units in a development; or

(c) the municipality offers or approves, and an applicant accepts, an incentive described in Section 10-21-401 or 10-21-402.

(2) If an applicant does not agree to participate in the development of moderate income housing units under Subsection (1)(a) or (b), a municipality may not take into consideration the applicant's decision in the municipality's determination of whether to approve or deny a land use application.

(3) Notwithstanding Subsections (1) and (2), a municipality that imposes a resort community sales and use tax as described in Section 59-12-401, may require the development of a certain number of moderate income housing units as a condition of approval of a land use application if the requirement is in accordance with an ordinance enacted by the municipality before January 1, 2022.

Collected 2026-09-03T11:34:33Z. Source file · JSON

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