Private Lands Use Law

Our goal in this area of law is to help empower communities, individuals, neighborhood organizations and similar groups stem the tide of uncontrolled residential and commercial development that is inherently a part of urban development in a state that is growing as fast as Utah.

By 2020, the population is expected to increase to 3.2 million, and by 2050 it could more than double to about 5.0 million. Utah was the second fastest growing state in the country in 2009. In light on this fact an important question for Utahns is how the state will grow in light of scarce environmental resources. Our goal in this area is to help protect communities from intrusive, wasteful, and unnecessary development and to preserve historic sites.

Land use decisions involving zoning and/or land use ordinances, created at the local muncipal or county level, often do not consider whether the type of growth in Utah is sustainable. Local participation at this level through involvement with city councils is always an advisable way to voice your opinion on how your community should grow.

However, local opposition to a particular development or zoning decision will often not be enough to achieve a desirable outcome. Getting involved in the creation or the amendment of a city’s land use plan can help steer development at desirable levels with the goals of the community in mind. Land use actions should be consistent with the plan, but consistency with a city’s land use plan is not imperative as a legal matter.

Land use practices will either be prohibited or permitted based on a city’s land use ordinances that constitute the “legal teeth” in land use decisions. For example in Salt Lake City the listings of binding ordinances can be found on the city’s website here. We can help formulate a legal basis to challenge proposed development, zoning, or other land use changes based on compliance with a city’s land use code. An official city zoning map is also generally available that can be used to determine if a proposed zoning change or decision is consistent with the official city zoning map. There are endless scenarios for how a specific land use decision can be addressed so call us with specific questions.