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Council/Planning Commission Relationship; How General Plans Affect Public Lands Policy

Clay W. Crozier, Legal Counsel

Utah Public Lands Policy Coordinating Office

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Key Concepts and Laws to Understand

Land Use, Development, and Management Act (“LUDMA”) - Title 10 Ch. 20

City Council Role: holds “purse strings” and has final legislative authority

Planning Commission Role: Advisor and Gatekeeper for council & citizens

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LUDMA - Planning Commission Roles

Every city must have a planning commission. The Commission’s role is advisory. Recommending Body vs. Legislative Body

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LUDMA - How Council’s Respond to Planning Commission

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(3) A legislative body may adopt, modify, or reject a planning commission's recommendation to the legislative body under this section.

(4) A legislative body may consider a planning commission's failure to make a timely recommendation as a negative recommendation.

(5) Nothing in this section limits the right of a municipality to initiate or propose the actions described in this section.

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Legislative vs. Administrative Roles–This is where most friction—and legal liability—occurs in Utah cities.

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Legislative Acts (Policy Making)

  • Who: The City Council.
  • What: Creating new laws, changing the zoning map, or adopting the General Plan.
  • Discretion: High. The Council can consider "public clamor" (citizen opinions) and general welfare.
  • Standard: If the decision is "reasonably debatable" as being in the public interest, Utah courts will generally uphold it.

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Administrative Acts (Policy Application)

  • Who: The Planning Commission (or staff/ALUA).
  • What: Conditional Use Permits, Site Plans, and Subdivision Plats.
  • Discretion: Zero. If the applicant meets the requirements in the city's code, the city must approve it.
  • Standard: Decisions must be based on "substantial evidence" in the record.

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Key Differences in Authority (Council vs. Commission)

The Planning Commission's Specific Duties (§10-20-302)

  1. Preparation: They are the "workhorses" that draft the General Plan and land use regulations.
  2. Public Hearings: They are often the primary venue for the first mandatory public hearing on legislative changes.
  3. Delegation: They can be designated as the Land Use Authority for administrative items (like subdivisions), meaning their decision is final and does not go to the Council.

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Recent Changes (SB 174 & SB 110 as found in UCA 10-20-805(1))

In 2023 and 2024, the Utah Legislature moved to further separate these bodies. Specifically:

  • Subdivision Review: For single-family and two-family dwellings, the City Council is now prohibited from being the Land Use Authority for subdivision applications. This is now strictly an administrative task for staff or the Planning Commission.

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General Plans - Their Roles

General Plans are Mandatory to have under LUDMA, However they are Advisory in Nature (unless ordinances say otherwise).

Only Binding in the Following Instances:

  • Public uses (streets, parks, utilities, etc.) must conform to plan
  • Larger cities or counties must have a Moderate Income Housing provision and IMPLEMENT it.
  • Water use & Preservation Element must be included

and IMPLEMENTED (unless 5th class/town)

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Federal Element to Consider

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If your county, city, or town is adjacent to federal BLM land, FLPMA provides: “Land use plans of the Secretary under this section shall be consistent with State and local plans to the maximum extent [the Secretary] finds consistent with Federal law and the purposes of this Act.”

This means that YOU can have a role in shaping federal policy in your area.

Consider updating your general plans to have a

resource management element to it.