Utah Administrative Code
The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).
NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R990. Workforce Services, Housing and Community Development.
Rule R990-300. Evaluation Process for Plan for Moderate Income Housing Reports.
As in effect on October 1, 2019
Table of Contents
- R990-300-1. Authority.
- R990-300-2. Purpose.
- R990-300-3. Definitions.
- R990-300-4. Entities Required to Report.
- R990-300-5. Evaluation Process for Plan for Moderate Income Housing.
- R990-300-6. Evaluation Process for Plan for Moderate Income Housing.
- Date of Enactment or Last Substantive Amendment
- Authorizing, Implemented, or Interpreted Law
This rule is authorized under Section 35A-8-803(3), which directs the Utah Department of Workforce Services, Housing and Community Development Division (HCDD) to make rules describing the evaluation process for moderate income housing reports.
Pursuant to Section 35A-8-803(1) HCDD will advise political subdivisions of serious housing problems existing within their jurisdiction that require concerted public action for solution; assist political subdivisions in defining housing objectives and preparing for adoption of a five-year action plan designed to accomplish housing objectives within their jurisdiction; and, for entities required to submit an annual moderate income housing report to the Department as described in Sections 10-9a-408 and 17-27a-408, assist in the creation of the reports and evaluate the reports for the purposes of Sections 72-2-124(5) and (6).
Terms used in these rules are defined in Sections 10-9a-103 and 17-27a-103. In addition:
(1) "Annual moderate income housing reporting form" means a form for annually reporting progress of the moderate-income housing element of the general plan.
(2) "Plan for moderate income housing" means a written document adopted by an entity's legislative body that includes:
(a) an estimate of the existing supply of moderate-income housing located within the entity;
(b) an estimate of the need for moderate income housing in the entity for the next five years;
(c) a survey of total residential land use;
(d) an evaluation of how existing land uses and zones affect opportunities for moderate income housing; and
(e) a description of entity's program to encourage an adequate supply of moderate income housing.
Entities required to submit an annual report are described in Sections 10-9a-401 and 17-27a-401.
(1) On or before December 1, 2019, an entity identified in Section 10-9a-401(3)(b) or Section 17-27a-401(3)(b) shall amend the general plan to comply with the respective Section and submit the plan for moderate income housing to HCDD as provided in Sections 10-9a-408 and 17-27a-408. A plan submitted to HCDD will be reviewed to ensure the following are included in the plan:
(a) Updated 5-year estimates of moderate-income housing needs.
(b) The moderate-income housing element and its implementation, based on three strategic affordable housing development policies that address the following:
(i) The strategic policy goal the entity selected for inclusion in the moderate-income housing element of its general plan, as described in Sections 10-9a-403(2)(b) and 17-27a-403(2)(b).
(ii) The specific outcomes the goal intends to accomplish.
(iii) A description of how the entity will monitor its annual progress toward achieving the goal.
(iv) A description of the resources the entity must allocate to complete this goal.
(v) A description of the barriers, if any, the entity is encountering in working toward the goal.
(c) For an entity that has a fixed guideway public transit station, in addition to the three strategies in R990-300-5(1)(b), the implementation either:
(i) encourages higher density or moderate-income residential development near major transit investment corridors, or
(ii) eliminates or reduces parking requirements for residential development where a resident is less likely to rely on the resident's own vehicle, such as residential development near major transit investment corridors or senior living facilities.
(2) Beginning December 1, 2020 and annually thereafter, the legislative body of each entity described in Sections 10-9a-401 and 17-27a-401 shall complete an annual moderate income housing reporting form and submit the complete form to HCDD.
(a) HCDD will review the plan's effectiveness in achieving the entity's strategic policy goal, based on the parameters the entity has selected to define success.
(b) HCDD will review each reporting form for completeness and compliance with Sections 10-9a-403, 10-9a-408, 17-27a-403 and 17-27a-408.
(3) After reviewing a plan, HCDD will provide the entity a copy of the review.
(4) Additional planning requirements are detailed in Section 10, Part 9a and Section 17, part 27a. Certain planning requirements are not part of the plan for moderate income housing and are not subject to annual reporting to HCDD.
In accordance with Section 72-2-124, HCDD will communicate compliance with the annual report requirements as described in Sections 10-9a-408 or 17-27a-408 to the Department of Transportation in conjunction with the prioritization process timeline.
moderate income housing reports
August 21, 2019
35A-8-803; 10-9a-408; 17-27a-408
For questions regarding the content or application of rules under Title R990, please contact the promulgating agency (Workforce Services, Housing and Community Development). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.