DAR File No. 42348

Administrative Services, Facilities Construction and Management

Rule R23-9

Cooperation with Local Government Planning

Notice of Proposed Rule

(Amendment)

DAR File No.: 42348
Filed: 11/29/2017 02:11:02 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule provides for cooperation with local government planning efforts when siting, designing, and constructing facilities on state property.

Summary of the rule or change:

This amendment makes statutory citation corrections and removes Subsections R23-9-3(2), (2)(a), and (2)(b).

Statutory or constitutional authorization for this rule:

• Section 63A-5-103
• Section 63A-5-206

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to the state budget. The changes to this rule only remove who the exemption does not apply to, as otherwise provided by law.

local governments:

There are no anticipated cost or savings to local governments. The changes to this rule only remove who the exemption does not apply to, as otherwise provided by law.

small businesses:

There are no anticipated cost or savings to small businesses. The changes to this rule only remove who the exemption does not apply to, as otherwise provided by law.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The changes to this rule only remove who the exemption does not apply to, as otherwise provided by law.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The changes to this rule only remove who the exemption does not apply to, as otherwise provided by law.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no fiscal impacts that this rule may have on business. The changes to this rule only remove who the exemption does not apply to, as otherwise provided by law.

Jeff Reddoor, Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Administrative Services
Facilities Construction and Management
Room 4110 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Jeff Reddoor at the above address, by phone at 801-971-9830, by FAX at , or by Internet E-mail at jreddoor@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/16/2018

This rule may become effective on:

01/23/2018

Authorized by:

Ned Carnahan, Building Board Chair

R23. Administrative Services, Facilities Construction and Management.

R23-9. Cooperation with Local Government Planning.

R23-9-1. Purpose and Authority.

(1) This rule provides for cooperation with local government planning efforts when siting, designing, and constructing facilities on state property.

(2) This rule is authorized under Section 63A-5-103 which directs the Building Board to make rules necessary for the discharge of its duties and those of the division.

(3) The statutory provisions that set forth the relationship between the planning and zoning authority of local governments and the construction of facilities on state property are contained in Section 63A-5-206.

 

R23-9-2. Definitions.

(1) "Director" means the director of the division, including, unless otherwise stated, his duly authorized designee.

(2) "Division" means the Division of Facilities Construction and Management established pursuant to Section 63A-5-201.

(3) "Local government" means a "municipality" as defined in Section 10-[9]1-10[3]4 or a "county" as defined in Section 17-[27]50-10[3]1.

(4) "State property" means land owned by the State of Utah and any department, division, agency, institution, commission, board, or other administrative unit of the State of Utah; including but not limited to, the division, the State Building Ownership Authority, and state institutions of higher education.

 

R23-9-3. Exemption from Local Government Planning and Zoning Authority.

[(1)] As provided for in Section 63A-5-206, Section 10-9 a-[1]30[5]4, and Section 17-27a-[1]304[.5], construction on state property is not subject to the planning and zoning authority of local governments regardless of what entity will own or occupy the resulting facility. Construction on state property is not subject to local government building permit requirements, or plan reviews.

[(2) This exemption does not apply to the business regulation authority of local governments except as follows.

(a) Any requirement to comply with the local government's planning or zoning ordinance in order to receive a business license or similar business permit shall be deemed to have been met through the division's determination of siting and design requirements.

(b) As otherwise provided by law.]

 

R23-9-4. Consideration of Local Government Planning.

(1) When determining the location and design of facilities to be constructed on state property, the division shall consider input received from local governments and, as appropriate, local government planning and zoning requirements that would apply if the property were not owned by the state. This may include discussions with local government planning officials and/or a review of some or all of the following local government documents:

(a) master plan;

(b) zoning ordinance; and

(c) requirements for ingress, egress, parking, landscaping, fencing, buffering, traffic circulation, and pedestrian circulation.

(2) In any dispute regarding departures from local government requirements, the final determination shall be made by the director.

 

R23-9-5. Additional Requirements for Secured Facilities.

In addition to the requirements of this rule, the director shall comply with the requirements of Subsection 63A-5-206(12) regarding notice and hearings for projects involving diagnostic, treatment, parole, probation, or other secured facilities.

 

KEY: construction, planning, zoning

Date of Enactment or Last Substantive Amendment: March 24, 2003

Notice of Continuation: November 14, 201[2]7

Authorizing, and Implemented or Interpreted Law: 63A-5-103; 63A-5-206