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Utah Code
2025 Utah Code
Title 10 - Utah Municipal Code
Chapter 21 - Municipalities and Housing Supply
Part 3 - Provisions Unique to Residential Zones and Residential Units
Section 301 - Moderate income housing.
Universal Citation:
UT Code § 10-21-301 (2025)
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Effective 11/6/2025
10-21-301. Moderate income housing.
Renumbered and Amended by Chapter 15, 2025 Special Session 1
10-21-301. Moderate income housing.
- (1)A municipality may only require the development of a certain number of moderate income housing units as a condition of approval of a land use application if:
- (a)the municipality and the applicant enter into a written agreement regarding the number of moderate income housing units;
- (b)the municipality provides incentives for an applicant who agrees to include moderate income housing units in a development; or
- (c)the municipality offers or approves, and an applicant accepts, an incentive described in Section 10-21-401 or 10-21-402.
- (2)If an applicant does not agree to participate in the development of moderate income housing units under Subsection (1)(a) or (b), a municipality may not take into consideration the applicant's decision in the municipality's determination of whether to approve or deny a land use application.
- (3)Notwithstanding Subsections (1) and (2), a municipality that imposes a resort community sales and use tax as described in Section 59-12-401, may require the development of a certain number of moderate income housing units as a condition of approval of a land use application if the requirement is in accordance with an ordinance enacted by the municipality before January 1, 2022.
Renumbered and Amended by Chapter 15, 2025 Special Session 1
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