HB0285
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Local Planning and Regulation Impacts on Wildlife Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor:
LONG TITLE
General Description:
This bill modifies provisions relating to local government land use plans and regulations.
Highlighted Provisions:
This bill:
▸requires municipalities and counties to consider development impacts on wildlife in the
process of considering and adopting general plans and land use regulations;
▸requires the Department of Natural Resources to provide information relevant to a
municipality's or county's consideration of the development impacts on wildlife; and
▸makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-20-401, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 15
10-20-402, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 15
10-20-404, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 15
10-20-501, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 15
17-79-401, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-79-402, as enacted by Laws of Utah 2025, First Special Session, Chapter 14
17-79-403, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-79-501, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
ENACTS:
17E-7-402, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1.
Section 10-20-401 is amended to read:
10-20-401.
General plan required -- Content.
(1)To accomplish the purposes of this chapter, a municipality shall prepare and adopt a
comprehensive, long-range general plan for:
(a)present and future needs of the municipality; and
(b)growth and development of all or any part of the land within the municipality.
(2)The general plan may provide forshall address:
(a)health, general welfare, safety, energy conservation, transportation, prosperity, civic
activities, aesthetics, and recreational, educational, and cultural opportunities;
(b)the reduction of the waste of physical, financial, or human resources that result from
either excessive congestion or excessive scattering of population;
(c)the efficient and economical use, conservation, and production of the supply of:
(i)food and water; and
(ii)drainage, sanitary, and other facilities and resources;
(d)the maintenance and enhancement of wildlife habitat connectivity and migration
corridors;
(e)the use of energy conservation and solar and clean energy resources;
(e)(f)the protection of urban development;
(f)(g)if the municipality is a town, the protection or promotion of moderate income
housing;
(g)(h)the protection and promotion of air quality;
(h)(i)historic preservation;
(i)(j)identifying future uses of land that are likely to require an expansion or
significant modification of services or facilities provided by an affected entity; and
(j)(k)an official map.
(3)(a)Subject to Section 10-20-404, the municipality may determine the
comprehensiveness, extent, and format of the general plan.
(b)In preparing and adopting a general plan, the municipality shall, to the extent the
municipality determines advisable, consider:
(i)the impacts of development on wildlife, wildlife movement, and wildlife habitat;
and
(ii)how impacts of development on wildlife, wildlife movement, and wildlife habitat
may be mitigated.
(4)Except for a city of the fifth class or a town, on or before December 31, 2025, a
municipality that has a general plan that does not include a water use and preservation
element that complies with Section 10-20-404 shall amend the municipality's general
plan to comply with Section 10-20-404.
Section 2.
Section 10-20-402 is amended to read:
10-20-402.
Information and technical assistance from the state.
(1)Each state official, department, and agency shall:
(1)(a)promptly deliver any data and information requested by a municipality unless
the disclosure is prohibited by Title 63G, Chapter 2, Government Records Access
and Management Act; and
(2)(b)furnish any other technical assistance and advice that they have available to the
municipality without additional cost to the municipality.
(2)Upon request, the Department of Natural Resources shall provide a municipality or a
municipal legislative body with information relevant to the consideration described in
Subsection 10-20-401(3)(b) or 10-20-501(3)(b).
Section 3.
Section 10-20-404 is amended to read:
10-20-404.
General plan preparation.
(1)(a)The planning commission shall provide notice, as provided in Section 10-20-203,
of the planning commission's intent to make a recommendation to the municipal
legislative body for a general plan or a comprehensive general plan amendment when
the planning commission initiates the process of preparing the planning commission's
recommendation.
(b)The planning commission shall make and recommend to the legislative body a
proposed general plan for the area within the municipality.
(c)The plan may include areas outside the boundaries of the municipality if, in the
planning commission's judgment, those areas are related to the planning of the
municipality's territory.
(d)Except as otherwise provided by law or with respect to a municipality's power of
eminent domain, when the plan of a municipality involves territory outside the
boundaries of the municipality, the municipality may not take action affecting that
territory without the concurrence of the county or other municipalities affected.
(2)(a)At a minimum, the proposed general plan, with the accompanying maps, charts,
and descriptive and explanatory matter, shall include the planning commission's
recommendations for the following plan elements:
(i)a land use element that:
(A)designates the long-term goals and the proposed extent, general distribution,
and location of land for housing for residents of various income levels,
business, industry, agriculture, recreation, education, public buildings and
grounds, open space, and other categories of public and private uses of land as
appropriate;
(B)includes a statement of the projections for and standards of population density
and building intensity recommended for the various land use categories
covered by the plan;
(C)except for a city of the fifth class or a town, is coordinated to integrate the
land use element with the water use and preservation element; and
(D)except for a city of the fifth class or a town, accounts for the effect of land use
categories and land uses on water demand; and
(E)considers how land use categories and land uses will impact hunting
opportunities, wildlife habitat connectivity, and wildlife migration corridors;
(ii)a transportation and traffic circulation element that:
(A)provides the general location and extent of existing and proposed freeways,
arterial and collector streets, public transit, active transportation facilities, and
other modes of transportation that the planning commission considers
appropriate;
(B)for a municipality that has access to a major transit investment corridor,
addresses the municipality's plan for residential and commercial development
around major transit investment corridors to maintain and improve the
connections between housing, employment, education, recreation, and
commerce;
(C)for a municipality that does not have access to a major transit investment
corridor, addresses the municipality's plan for residential and commercial
development in areas that will maintain and improve the connections between
housing, transportation, employment, education, recreation, and commerce; and
(D)correlates with the population projections, the employment projections, and
the proposed land use element of the general plan;
(iii)a moderate income housing element that meets the requirements of Section
10-21-201; and
(iv)except for a city of the fifth class or a town, a water use and preservation element
that addresses:
(A)the effect of permitted development or patterns of development on water
demand and water infrastructure;
(B)methods of reducing water demand and per capita consumption for future
development;
(C)methods of reducing water demand and per capita consumption for existing
development; and
(D)opportunities for the municipality to modify the municipality's operations to
eliminate practices or conditions that waste water.
(b)In drafting the land use element, the planning commission shall:
(i)identify and consider each agriculture protection area within the municipality;
(ii)avoid proposing a use of land within an agriculture protection area that is
inconsistent with or detrimental to the use of the land for agriculture; and
(iii)consider and coordinate with any station area plans adopted by the municipality
if required under Section 10-21-203.
(c)In drafting the transportation and traffic circulation element, the planning
commission shall:
(i)(A)consider and coordinate with the regional transportation plan developed by
the municipality's region's metropolitan planning organization, if the
municipality is within the boundaries of a metropolitan planning organization;
or
(B)consider and coordinate with the long-range transportation plan developed by
the Department of Transportation, if the municipality is not within the
boundaries of a metropolitan planning organization; and
(ii)consider and coordinate with any station area plans adopted by the municipality if
required under Section 10-21-203.
(d)In drafting the water use and preservation element, the planning commission:
(i)shall consider:
(A)applicable regional water conservation goals recommended by the Division of
Water Resources; and
(B)if Section 73-10-32 requires the municipality to adopt a water conservation
plan in accordance with Section 73-10-32, the municipality's water
conservation plan;
(ii)shall include a recommendation for:
(A)water conservation policies to be determined by the municipality; and
(B)landscaping options within a public street for current and future development
that do not require the use of lawn or turf in a parkstrip;
(iii)shall review the municipality's land use ordinances and include a
recommendation for changes to an ordinance that promotes the inefficient use of
water;
(iv)shall consider principles of sustainable landscaping, including the:
(A)reduction or limitation of the use of lawn or turf;
(B)promotion of site-specific landscape design that decreases stormwater runoff
or runoff of water used for irrigation;
(C)preservation and use of healthy trees that have a reasonable water requirement
or are resistant to dry soil conditions;
(D)elimination or regulation of ponds, pools, and other features that promote
unnecessary water evaporation;
(E)reduction of yard waste; and
(F)use of an irrigation system, including drip irrigation, best adapted to provide
the optimal amount of water to the plants being irrigated;
(v)shall consult with the public water system or systems serving the municipality
with drinking water regarding how implementation of the land use element and
water use and preservation element may affect:
(A)water supply planning, including drinking water source and storage capacity
consistent with Section 19-4-114; and
(B)water distribution planning, including master plans, infrastructure asset
management programs and plans, infrastructure replacement plans, and impact
fee facilities plans;
(vi)shall consult with the Division of Water Resources for information and technical
resources regarding regional water conservation goals, including how
implementation of the land use element and the water use and preservation
element may affect the Great Salt Lake;
(vii)may include recommendations for additional water demand reduction strategies,
including:
(A)creating a water budget associated with a particular type of development;
(B)adopting new or modified lot size, configuration, and landscaping standards
that will reduce water demand for new single family development;
(C)providing one or more water reduction incentives for existing development
such as modification of existing landscapes and irrigation systems and
installation of water fixtures or systems that minimize water demand;
(D)discouraging incentives for economic development activities that do not
adequately account for water use or do not include strategies for reducing
water demand; and
(E)adopting water concurrency standards requiring that adequate water supplies
and facilities are or will be in place for new development; and
(viii)for a town, may include, and for another municipality, shall include, a
recommendation for low water use landscaping standards for a new:
(A)commercial, industrial, or institutional development;
(B)common interest community, as defined in Section 57-25-102; or
(C)multifamily housing project.
(3)The proposed general plan may include:
(a)an environmental element that addresses:
(i)the protection, conservation, development, and use of natural resources, including
the quality of:
(A)air;
(B)forests;
(C)soils;
(D)rivers;
(E)groundwater and other waters;
(F)harbors;
(G)fisheries;
(H)wildlife, habitat connectivity, and migration corridors;
(I)minerals; and
(J)other natural resources; and
(ii)(A)the reclamation of land, flood control, prevention and control of the
pollution of streams and other waters;
(B)the regulation of the use of land on hillsides, stream channels and other
environmentally sensitive areas;
(C)the prevention, control, and correction of the erosion of soils;
(D)the preservation and enhancement of watersheds and wetlands; and
(E)the mapping of known geologic hazards;
(b)a public services and facilities element showing general plans for sewage, water,
waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for
them, police and fire protection, and other public services;
(c)a rehabilitation, redevelopment, and conservation element consisting of plans and
programs for:
(i)historic preservation;
(ii)the diminution or elimination of a development impediment as defined in Section
17C-1-102; and
(iii)redevelopment of land, including housing sites, business and industrial sites, and
public building sites;
(d)an economic element composed of appropriate studies and forecasts, as well as an
economic development plan, which may include review of existing and projected
municipal revenue and expenditures, revenue sources, identification of basic and
secondary industry, primary and secondary market areas, employment, and retail
sales activity;
(e)recommendations for implementing all or any portion of the general plan, including
the adoption of land and water use ordinances, capital improvement plans,
community development and promotion, and any other appropriate action;
(f)provisions addressing any of the matters listed in Subsection 10-20-401(2) or Section
10-20-403; and
(g)any other element the municipality considers appropriate.
Section 4.
Section 10-20-501 is amended to read:
10-20-501.
Enactment of land use regulation, land use decision, or development
agreement.
(1)Only a legislative body, as the body authorized to weigh policy considerations, may
enact a land use regulation.
(2)(a)Except as provided in Subsection (2)(b), a legislative body may enact a land use
regulation only by ordinance.
(b)A legislative body may, by ordinance or resolution, enact a land use regulation that
imposes a fee.
(3)(a)A legislative body shall ensure that a land use regulation is consistent with the
purposes set forth in this chapter.
(b)In considering and adopting a land use regulation, a legislative body shall, to the exte
nt the legislative body determines advisable, consider:
(i)the impacts of development on wildlife, wildlife movement, and wildlife habitat;
and
(ii)how the impacts of development on wildlife, wildlife movement, and wildlife
habitat may be mitigated.
(4)(a)A legislative body shall adopt a land use regulation to:
(i)create or amend a zoning district under Subsection 10-20-503(1)(a); and
(ii)designate general uses allowed in each zoning district.
(b)A land use authority may establish or modify other restrictions or requirements other
than those described in Subsection (4)(a), including the configuration or modification
of uses or density, through a land use decision that applies criteria or policy elements
that a land use regulation establishes or describes.
(5)A municipality may not adopt a land use regulation, development agreement, or land
use decision that restricts the type of crop that may be grown in an area that is:
(a)zoned agricultural; or
(b)assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
(6)A municipal land use regulation pertaining to an airport or an airport influence area, as
that term is defined in Section 72-10-401, is subject to Title 72, Chapter 10, Part 4,
Airport Zoning Act.
Section 5.
Section 17-79-401 is amended to read:
17-79-401.
General plan required -- Content -- Resource management plan --
Provisions related to radioactive waste facility.
(1)To accomplish the purposes of this chapter, a county shall prepare and adopt a
comprehensive, long-range general plan:
(a)for present and future needs of the county;
(b)(i)for growth and development of all or any part of the land within the
unincorporated portions of the county; or
(ii)if a county has designated a mountainous planning district, for growth and
development of all or any part of the land within the mountainous planning
district; and
(c)as a basis for communicating and coordinating with the federal government on land
and resource management issues.
(2)To promote health, safety, and welfare, the general plan may provide forshall
address:
(a)health, general welfare, safety, energy conservation, transportation, prosperity, civic
activities, aesthetics, and recreational, educational, and cultural opportunities;
(b)the reduction of the waste of physical, financial, or human resources that result from
either excessive congestion or excessive scattering of population;
(c)the efficient and economical use, conservation, and production of the supply of:
(i)food and water; and
(ii)drainage, sanitary, and other facilities and resources;
(d)the maintenance and enhancement of wildlife habitat connectivity and migration
corridors;
(e)the use of energy conservation and solar and clean energy resources;
(e)(f)the protection of urban development;
(f)(g)the protection and promotion of air quality;
(g)(h)historic preservation;
(h)(i)identifying future uses of land that are likely to require an expansion or
significant modification of services or facilities provided by an affected entity; and
(i)(j)an official map.
(3)The general plan may define the county's local customs, local culture, and the
components necessary for the county's economic stability.
(4)(a)Subject to Section 17-79-403, the county may determine the comprehensiveness,
extent, and format of the general plan.
(b)In preparing and adopting a general plan, the county shall, to the extent the county
determines advisable, consider:
(i)the impacts of development on wildlife, wildlife movement, and wildlife habitat;
and
(ii)how the impacts of development on wildlife, wildlife movement, and wildlife
habitat may be mitigated.
(5)Nothing in this part may be construed to limit the authority of the state to manage and
protect wildlife under Title 23A, Wildlife Resources Act.
(6)On or before December 31, 2025, a county that has a general plan that does not include
a water use and preservation element that complies with Section 17-79-403 shall amend
the county's general plan to comply with Section 17-79-403.
Section 6.
Section 17-79-402 is amended to read:
17-79-402.
Specific provisions for general plan.
(1)(a)The general plan of a specified county, as defined in Section 17-80-101, shall
include a moderate income housing element that meets the requirements of Section
17-80-201.
(b)(i)This Subsection (1)(b) applies to a county that does not qualify as a specified
county as of January 1, 2023.
(ii)As of January 1, if a county changes from one class to another or grows in
population to qualify as a specified county, the county shall amend the county's
general plan to include a moderate income housing element that meets the
requirements of Section 17-80-201 on or before August 1 of the first calendar year
beginning on January 1 in which the county qualifies as a specified county.
(iii)A county described in Subsection (1)(b)(ii) shall send a copy of the county's
amended general plan to the association of governments, established in
accordance with an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, of which the county is a member.
(2)(a)All county general plans shall contain a resource management plan for the public
lands, as defined in Section 63L-6-102, within the county.
(b)The resource management plan described in Subsection (2)(a) shall address:
(i)mining;
(ii)land use;
(iii)livestock and grazing;
(iv)irrigation;
(v)agriculture;
(vi)fire management;
(vii)noxious weeds;
(viii)forest management;
(ix)water rights;
(x)ditches and canals;
(xi)water quality and hydrology;
(xii)flood plains and river terraces;
(xiii)wetlands;
(xiv)riparian areas;
(xv)predator control;
(xvi)wildlife, habitat connectivity, and migration corridors;
(xvii)fisheries;
(xviii)recreation and tourism;
(xix)energy resources;
(xx)mineral resources;
(xxi)cultural, historical, geological, and paleontological resources;
(xxii)wilderness;
(xxiii)wild and scenic rivers;
(xxiv)threatened, endangered, and sensitive species;
(xxv)land access;
(xxvi)law enforcement;
(xxvii)economic considerations; and
(xxviii)air.
(c)For each item listed under Subsection (2)(b), a county's resource management plan
shall:
(i)establish findings pertaining to the item;
(ii)establish defined objectives; and
(iii)outline general policies and guidelines on how the objectives described in
Subsection (2)(c)(ii) are to be accomplished.
(3)(a)(i)All county general plans shall include specific provisions related to an area
within, or partially within, the exterior boundaries of the county, or contiguous to
the boundaries of a county, which are proposed for the siting of a storage facility
or transfer facility for the placement of high-level nuclear waste or greater than
class C radioactive nuclear waste, as these wastes are defined in Section 19-3-303.
(ii)The provisions described in Subsection (3)(a)(i) shall address the effects of the
proposed site upon the health and general welfare of citizens of the state, and shall
provide:
(A)the information identified in Section 19-3-305;
(B)information supported by credible studies that demonstrates that Subsection
19-3-307(2) has been satisfied; and
(C)specific measures to mitigate the effects of high-level nuclear waste and
greater than class C radioactive waste and guarantee the health and safety of
the citizens of the state.
(b)A county may, in lieu of complying with Subsection (3)(a), adopt an ordinance
indicating that all proposals for the siting of a storage facility or transfer facility for
the placement of high-level nuclear waste or greater than class C radioactive waste
wholly or partially within the county are rejected.
(c)A county may adopt the ordinance listed in Subsection (3)(b) at any time.
(d)The county shall send a certified copy of the ordinance described in Subsection (3)(b)
to the executive director of the Department of Environmental Quality by certified
mail within 30 days of enactment.
(e)If a county repeals an ordinance adopted under Subsection (3)(b), the county shall:
(i)comply with Subsection (3)(a) as soon as reasonably possible; and
(ii)send a certified copy of the repeal to the executive director of the Department of
Environmental Quality by certified mail within 30 days after the repeal.
(4)If a county has designated a mountainous planning district, the general plan for the
mountainous planning district is the controlling plan.
Section 7.
Section 17-79-403 is amended to read:
17-79-403.
General plan preparation.
(1)(a)The planning commission shall provide notice, as provided in Section 17-79-203,
of the planning commission's intent to make a recommendation to the county
legislative body for a general plan or a comprehensive general plan amendment when
the planning commission initiates the process of preparing the planning commission's
recommendation.
(b)The planning commission shall make and recommend to the legislative body a
proposed general plan for:
(i)the unincorporated area within the county; or
(ii)if the planning commission is a planning commission for a mountainous planning
district, the mountainous planning district.
(c)(i)The plan may include planning for incorporated areas if, in the planning
commission's judgment, they are related to the planning of the unincorporated
territory or of the county as a whole.
(ii)Elements of the county plan that address incorporated areas are not an official
plan or part of a municipal plan for any municipality, unless the county plan is
recommended by the municipal planning commission and adopted by the
governing body of the municipality.
(2)(a)At a minimum, the proposed general plan, with the accompanying maps, charts,
and descriptive and explanatory matter, shall include the planning commission's
recommendations for the following plan elements:
(i)a land use element that:
(A)designates the long-term goals and the proposed extent, general distribution,
and location of land for housing for residents of various income levels,
business, industry, agriculture, recreation, education, public buildings and
grounds, open space, and other categories of public and private uses of land as
appropriate;
(B)includes a statement of the projections for and standards of population density
and building intensity recommended for the various land use categories
covered by the plan;
(C)is coordinated to integrate the land use element with the water use and
preservation element; and
(D)accounts for the effect of land use categories and land uses on water demand;
and
(E)considers how land use categories and land uses will impact hunting
opportunities, wildlife habitat connectivity, and migration corridors;
(ii)a transportation and traffic circulation element that:
(A)provides the general location and extent of existing and proposed freeways,
arterial and collector streets, public transit, active transportation facilities, and
other modes of transportation that the planning commission considers
appropriate;
(B)addresses the county's plan for residential and commercial development
around major transit investment corridors to maintain and improve the
connections between housing, employment, education, recreation, and
commerce; and
(C)correlates with the population projections, the employment projections, and
the proposed land use element of the general plan;
(iii)for a specified county as defined in Section 17-80-101, a moderate income
housing element that meets the requirements of Section 17-80-202;
(iv)a resource management plan detailing the findings, objectives, and policies
required by Section 17-79-402; and
(v)a water use and preservation element that addresses:
(A)the effect of permitted development or patterns of development on water
demand and water infrastructure;
(B)methods of reducing water demand and per capita consumption for future
development;
(C)methods of reducing water demand and per capita consumption for existing
development; and
(D)opportunities for the county to modify the county's operations to eliminate
practices or conditions that waste water.
(b)In drafting the land use element, the planning commission shall:
(i)identify and consider each agriculture protection area within the unincorporated
area of the county or mountainous planning district;
(ii)avoid proposing a use of land within an agriculture protection area that is
inconsistent with or detrimental to the use of the land for agriculture; and
(iii)consider and coordinate with any station area plans adopted by municipalities
located within the county under 10-21-203.
(c)In drafting the transportation and traffic circulation element, the planning
commission shall:
(i)(A)consider and coordinate with the regional transportation plan developed by
the county's region's metropolitan planning organization, if the relevant areas
of the county are within the boundaries of a metropolitan planning
organization; or
(B)consider and coordinate with the long-range transportation plan developed by
the Department of Transportation, if the relevant areas of the county are not
within the boundaries of a metropolitan planning organization; and
(ii)consider and coordinate with any station area plans adopted by municipalities
located within the county under Section 10-21-203.
(d)In drafting the water use and preservation element, the planning commission:
(i)shall consider applicable regional water conservation goals recommended by the
Division of Water Resources;
(ii)shall consult with the Division of Water Resources for information and technical
resources regarding regional water conservation goals, including how
implementation of the land use element and water use and preservation element
may affect the Great Salt Lake;
(iii)shall notify the community water systems serving drinking water within the
unincorporated portion of the county and request feedback from the community
water systems about how implementation of the land use element and water use
and preservation element may affect:
(A)water supply planning, including drinking water source and storage capacity
consistent with Section 19-4-114; and
(B)water distribution planning, including master plans, infrastructure asset
management programs and plans, infrastructure replacement plans, and impact
fee facilities plans;
(iv)shall consider the potential opportunities and benefits of planning for
regionalization of public water systems;
(v)shall consult with the Department of Agriculture and Food for information and
technical resources regarding the potential benefits of agriculture conservation
easements and potential implementation of agriculture water optimization projects
that would support regional water conservation goals;
(vi)shall notify an irrigation or canal company located in the county so that the
irrigation or canal company can be involved in the protection and integrity of the
irrigation or canal company's delivery systems;
(vii)shall include a recommendation for:
(A)water conservation policies to be determined by the county; and
(B)landscaping options within a public street for current and future development
that do not require the use of lawn or turf in a parkstrip;
(viii)shall review the county's land use ordinances and include a recommendation for
changes to an ordinance that promotes the inefficient use of water;
(ix)shall consider principles of sustainable landscaping, including the:
(A)reduction or limitation of the use of lawn or turf;
(B)promotion of site-specific landscape design that decreases stormwater runoff
or runoff of water used for irrigation;
(C)preservation and use of healthy trees that have a reasonable water requirement
or are resistant to dry soil conditions;
(D)elimination or regulation of ponds, pools, and other features that promote
unnecessary water evaporation;
(E)reduction of yard waste; and
(F)use of an irrigation system, including drip irrigation, best adapted to provide
the optimal amount of water to the plants being irrigated;
(x)may include recommendations for additional water demand reduction strategies,
including:
(A)creating a water budget associated with a particular type of development;
(B)adopting new or modified lot size, configuration, and landscaping standards
that will reduce water demand for new single family development;
(C)providing one or more water reduction incentives for existing landscapes and
irrigation systems and installation of water fixtures or systems that minimize
water demand;
(D)discouraging incentives for economic development activities that do not
adequately account for water use or do not include strategies for reducing
water demand; and
(E)adopting water concurrency standards requiring that adequate water supplies
and facilities are or will be in place for new development; and
(xi)shall include a recommendation for low water use landscaping standards for a
new:
(A)commercial, industrial, or institutional development;
(B)common interest community, as defined in Section 57-25-102; or
(C)multifamily housing project.
(3)The proposed general plan may include:
(a)an environmental element that addresses:
(i)to the extent not covered by the county's resource management plan, the
protection, conservation, development, and use of natural resources, including the
quality of:
(A)air;
(B)forests;
(C)soils;
(D)rivers;
(E)groundwater and other waters;
(F)harbors;
(G)fisheries;
(H)wildlife, habitat connectivity, and migration corridors;
(I)minerals; and
(J)other natural resources; and
(ii)(A)the reclamation of land, flood control, prevention and control of the
pollution of streams and other waters;
(B)the regulation of the use of land on hillsides, stream channels and other
environmentally sensitive areas;
(C)the prevention, control, and correction of the erosion of soils;
(D)the preservation and enhancement of watersheds and wetlands; and
(E)the mapping of known geologic hazards;
(b)a public services and facilities element showing general plans for sewage, water,
waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for
them, police and fire protection, and other public services;
(c)a rehabilitation, redevelopment, and conservation element consisting of plans and
programs for:
(i)historic preservation;
(ii)the diminution or elimination of a development impediment as defined in Section
17C-1-102; and
(iii)redevelopment of land, including housing sites, business and industrial sites, and
public building sites;
(d)an economic element composed of appropriate studies and forecasts, as well as an
economic development plan, which may include review of existing and projected
county revenue and expenditures, revenue sources, identification of basic and
secondary industry, primary and secondary market areas, employment, and retail
sales activity;
(e)recommendations for implementing all or any portion of the general plan, including
the adoption of land and water use ordinances, capital improvement plans,
community development and promotion, and any other appropriate action;
(f)provisions addressing any of the matters listed in Subsection 17-79-401(2) or
17-79-402(1); and
(g)any other element the county considers appropriate.
Section 8.
Section 17-79-501 is amended to read:
17-79-501.
Enactment of land use regulation.
(1)Only a legislative body, as the body authorized to weigh policy considerations, may
enact a land use regulation.
(2)(a)Except as provided in Subsection (2)(b), a legislative body may enact a land use
regulation only by ordinance.
(b)A legislative body may, by ordinance or resolution, enact a land use regulation that
imposes a fee.
(3)(a)A land use regulation shall be consistent with the purposes set forth in this chapter.
(b)In considering and adopting a land use regulation, a legislative body shall, to the
extent the legislative body determines advisable, consider:
(i)the impacts of development on wildlife, wildlife movement, and wildlife habitat;
and
(ii)how the impacts of development on wildlife, wildlife movement, and wildlife
habitat may be mitigated.
(4)(a)A legislative body shall adopt a land use regulation to:
(i)create or amend a zoning district under Subsection 17-79-503(1)(a); and
(ii)designate general uses allowed in each zoning district.
(b)A land use authority may establish or modify other restrictions or requirements other
than those described in Subsection (4)(a), including the configuration or modification
of uses or density, through a land use decision that applies criteria or policy elements
that a land use regulation establishes or describes.
(5)A county may not adopt a land use regulation, development agreement, or land use
decision that restricts the type of crop that may be grown in an area that is:
(a)zoned agricultural; or
(b)assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
(6)A county land use regulation pertaining to an airport or an airport influence area, as that
term is defined in Section 72-10-401, is subject to Title 72, Chapter 10, Part 4, Airport
Zoning Act.
Section 9.
Section 17E-7-402 is enacted to read:
17E-7-402.
Impacts of development on wildlife.
Upon request from a county, the Department of Natural Resources shall provide the
county or county legislative body with information relevant to the consideration of the impact
of development on wildlife, wildlife movement, and wildlife habitat, as described in Sections
17-79-401 and 17-79-501.
Section 10.
Effective Date.
This bill takes effect on May 6, 2026.
General Document Comments 0
You’re asking a really thoughtful, specific question about one particular senator and one particular bill, so I want to be clear about what I can and can’t see.
- I can see that HB 285 (2026 General Session) is a Utah House bill about requiring cities and counties to consider wildlife impacts when they write or update general plans and land-use regulations, and it has a Senate sponsor listed as “(to be filled in)” in the draft you pasted (Utah Legislature, 2026 fiscal note for HB 285). [I couldn’t find a verifiable public roll‑call or statement tying Sen. Kirk A. Cullimore personally to HB 285 yet.] (Utah Legislature, Fiscal Note for HB 285, 2026)
- Public reporting shows Sen. Kirk A. Cullimore as a Republican Senate leader who often works on business, tech, and housing issues, like revising AI‑disclosure rules to focus on “high‑risk” uses (finance, health, legal) rather than everyday small‑business chatbots, which suggests a general pattern of favoring lighter regulation where he sees rules as too “onerous” on business (Higgins, 2025). (Higgins, “Utah lawmaker looks to rollback ‘onerous’ AI regulation…,” 2025)
- Recent coverage also shows him co‑sponsoring a 2026 infrastructure‑financing bill (HB 68) aimed at helping cities build utilities to support more housing, again pointing to a pro‑development, pro‑housing‑supply stance, as long as costs to local governments and builders are manageable (Higgins, 2026). (Higgins, “Utah Legislature weighs homebuyer aid, zoning changes…,” 2026)
- Because positions on HB 285‑style wildlife/land‑use bills are very specific, the best way to see Cullimore’s stance is to look up: (a) his committee or floor votes on HB 285 once it reaches the Senate, (b) any floor debates or quotes about it, and © his votes on other wildlife/land‑use bills (for example, wildlife funding or public‑lands management bills) to see if he tends to favor stricter environmental review vs. streamlined development; that information will show up on the Utah Legislature bill page and in news coverage as the session moves forward. (Utah Legislature, Public Bill Search, n.d.)
If you pull up the Utah Legislature page for HB 285 and see how Sen. Cullimore votes or what he says in debate, would you like to come back and, using your own words, draft a short explanation of how his stance lines up (or doesn’t) with your values—then click Continue with AI to get help refining it, OR head to Create Document to start a fresh note where you paste the bill text and your reactions?
You actually have a state representative, Clint(‑on) Okerlund, not a state senator, and I couldn’t find any record yet of how he’s voted on HB 285 (Local Planning and Regulation Impacts on Wildlife Amendments), since the bill is still early in the 2026 process and no floor or committee votes are posted. (Utah Legislature, HB 285 Bill Page, 2026)
- Clint Okerlund is a first‑term Republican member of the Utah House (District 42, Sandy/Salt Lake area) who started serving in January 2025 after winning the 2024 election. (Wikipedia, “Clinton Okerlund,” 2025)
- His professional background is in business/finance (CFO with a BYU business degree and an MBA from Notre Dame), and he sits on House Transportation, Revenue & Taxation, and the Economic & Community Development Appropriations Subcommittee. (CI Gateway, Legislator Profile: Clint Okerlund, 2025)
- One early signal of his general approach is a 2026 proposal (HJR19) to cap how many bills each legislator can run, which he framed as a way to cut costs and encourage better‑vetted legislation, suggesting a “smaller, more efficient government” mindset. (National Today, “Utah Bill to Limit Number of Bills Fails to Gain Traction,” 2026)
- Because he’s new in office, there’s not yet a long voting record on wildlife, habitat, or local‑planning issues to compare directly to Rep. Doug Owens’s sponsorship of HB 285 and his broader Great Salt Lake and wildlife‑crossing work. (Utah House Democrats, Doug Owens Member Page, 2026)
If you’re looking at this bill for a class or for your own civic action, what’s one question or concern you personally have about how HB 285 might affect development and wildlife where you live—something you’d actually want to email Rep. Okerlund about—and do you want to click Continue with AI to draft that message together or go to Create Document to start writing it on your own?
on the uploaded document.
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