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Geologic-hazard ordinances pushed
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A House committee endorsed a bill Tuesday that would give developers who want to build in geologically hazardous areas a way to fight local government decisions that don't go their way.

HB177 was written by the Utah League of Cities and Towns in consultation with the development community, according to the sponsor, Rep. Mike Morley, R-Spanish Fork, a builder and developer.

The House Political Subdivisions Committee recommended it 9-0.

The legislation stems from the work of Gov. Jon Huntsman Jr.'s Geologic Hazards Working Group, which is trying to improve the land-use-regulation process to safeguard properties from landslides and other catastrophes.

Jodi Hoffman, a key group member and league attorney, said the bill encourages cities and counties to adopt geologic-hazards ordinances.

But if developers or landowners disagree with government decisions under those ordinances, they could appeal to a three-member panel of geologic experts. One member would be chosen by the city or county, one by the developer and the third by the first two experts.

The panel's decision would be binding, although it could be appealed in district court.

The cost of the panel would be split between the developer and the city or county.

Morley said the bill will require cities and counties to base their land-use decisions on science, and should head off the developers' perception that some cities use zoning laws to restrict growth and "to zone people out of their property rights."

kmoulton@sltrib.com

HB177

Would encourage cities and counties to adopt geologic-hazard ordinances and give developers a way to appeal decisions under such ordinances.

Next step: Endorsed by a committee, it moves to the full House.

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