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The House voted Tuesday to allow the state to impose a one-year moratorium on the creation of a historic district in the Yalecrest neighborhood of east Salt Lake City.
Rep. Chris Herrod, R-Provo, carried substitute SB243 for Sen. Wayne Niederhauser, R-Sandy, and said it was an important bill to allow homeowners to exercise their property rights rather than being shackled by tight restrictions imposed by a historic district.
"Property rights are like a bundle of sticks," Herrod said. "You start taking away sticks and you're actually taking away property rights."
The Yalecrest area covers about 1,400 homes. The legislation would allow homeowners to tear down 75 percent of their structure. In the course of the year, local groups would study the issue to determine the next step in determining the need for a historic district.
Rep. Brian King, D-Salt Lake City, is the only House member to live in the area and said the bill was a big government overreach into a small local area.
"This is a 5-by-6-block area," King said. "The state of Utah is reaching its hand not into a county, not into a city, not into a community, but into a 5-by-6-block neighborhood."
Niederhauser, who is a real estate developer, has said he was approached by historic district opponents to establish a statewide ban, but the bill was amended to zero in on Yalecrest. The debate in the House appeared to flip those who normally argue against big government intrusion.
Herrod acknowledged he has argued vehemently against federal government tackling state affairs, but said this was clearly a case of property rights and people's ability to make decisions with their homes. He said if a neighborhood collectively agrees to limit changes to a house, "that is a model" upon which historic districts should be based.
But King bemoaned the fact that, during the crafting of the bill, neither Herrod nor Niederhauser ever approached him for input — saying he was the only one "with skin in the game."
The House passed the bill 50-22. It now moves to the Senate.