{"data":{"id":"us-ut/utah-code-11-36a-402","jurisdiction":"us-ut","citation":"Utah Code § 11-36a-402","heading":"Required provisions of impact fee enactment.","body":"(1) A local political subdivision or private entity shall ensure, in addition to the requirements described in Subsections (2) and (3), that an impact fee enactment contains:\n(a) a provision establishing one or more service areas within which the local political subdivision or private entity calculates and imposes impact fees for various land use categories;\n(b)\n(i) a schedule of impact fees for each type of development activity that specifies the amount of the impact fee to be imposed for each type of system improvement; or\n(ii) the formula that the local political subdivision or private entity, as the case may be, will use to calculate each impact fee;\n(c) a provision authorizing the local political subdivision or private entity, as the case may be, to adjust the standard impact fee at the time the fee is charged to:\n(i) respond to:\n(A) unusual circumstances in specific cases; or\n(B) a request for a prompt and individualized impact fee review for the development activity of the state, a school district, or a charter school and an offset or credit for a public facility for which an impact fee has been or will be collected; and\n(ii) ensure that the impact fees are imposed fairly; and\n(d) a provision governing calculation of the amount of the impact fee to be imposed on a particular development that permits adjustment of the amount of the impact fee based upon studies and data submitted by the developer.\n(2) A local political subdivision or private entity shall ensure that an impact fee enactment allows a developer, including a school district or a charter school, to receive a credit against or proportionate reimbursement of an impact fee if the developer:\n(a) dedicates land for a system improvement;\n(b) builds and dedicates some or all of a system improvement; or\n(c) dedicates a public facility that the local political subdivision or private entity and the developer agree will reduce the need for a system improvement.\n(3) A local political subdivision or private entity shall include a provision in an impact fee enactment that requires a credit against impact fees for any dedication of land for, improvement to, or new construction of, any system improvements provided by the developer if the facilities:\n(a) are system improvements; or\n(b)\n(i) are dedicated to the public; and\n(ii) offset the need for an identified system improvement.","path":["Title 11 Cities, Counties, and Local Taxing Units","Chapter 11-36a Impact Fees Act","Part 11-36a-4 Enactment of Impact Fees"],"source_url":"https://le.utah.gov/xcode/Title11/Chapter36a/11-36a-S402.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"b9798fa711635740eac4328e5e10122abdb040dd99c3e193a5d3885a76b65e9b","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-11-36a-401","next":"us-ut/utah-code-11-36a-403"},"notice":"GroundRules: Original legal text. Not legal advice."}