{"data":{"id":"us-ut/utah-code-10-21-301","jurisdiction":"us-ut","citation":"Utah Code § 10-21-301","heading":"Moderate income housing.","body":"(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:\n(a) the municipality and the applicant enter into a written agreement regarding the number of moderate income housing units;\n(b) the municipality provides incentives for an applicant who agrees to include moderate income housing units in a development; or\n(c) the municipality offers or approves, and an applicant accepts, an incentive described in Section 10-21-401 or 10-21-402.\n(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.\n(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.","path":["Title 10 Utah Municipal Code","Chapter 10-21 Municipalities and Housing Supply","Part 10-21-3 Provisions Unique to Residential Zones and Residential Units"],"source_url":"https://le.utah.gov/xcode/Title10/Chapter21/10-21-S301.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"08722e4ef88d46f6993dd8ca48a7698649428acfbb8407ff826b087fe6079ab1","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-10-21-202","next":"us-ut/utah-code-10-21-302"},"notice":"GroundRules: Original legal text. Not legal advice."}