Frequently Asked Questions
Find answers to the most commonly asked questions at the Land Use Academy of Utah below.
The Land Use, Development, and Management Act, or LUDMA, is the state law for land use and applies to all cities, towns, and counties throughout Utah. Municipal LUDMA (for cities and towns) can be found in Title 10, Chapter 9a of the Utah State Code. County LUDMA is contained within Title 17, Chapter 27a of the Utah State Code.
Watch the LUDMA definition video to learn more.
People often use terms such as "city" or "town" interchangeably. However, there are subtle distinctions between the various definitions, some of which are specific to the type of governance, others due to the size of the community. Below are basic definitions of each name and how they apply to agencies within Utah. Click on each name link to go directly to the corresponding statute.
- Municipality: This term is generally the most broad of all and encompasses, to a certain degree, a legally organized city or town.
- City: Cities are municipalities classified by population ranging from first through fifth class, with the first class being the largest (100,000+) and the fifth class the smallest (1,000-10,000).
- Town: Towns are municipalities with a population less than 1,000.
- County: Counties are those "unincorporated" areas not within a municipality.
The State Legislature allows for significant autonomy for municipalities to conduct their local legislative business. And while there are many ways to organize, Utah generally has four different forms of local municipal government. Listed below is each form, with a condensed overview of the mayor's general duties typically of most interest to the general public. Click on each form link to go directly to the corresponding statute for a complete description of all responsibilities and regulations.
- Council-Mayor Form. The powers of municipal government in a municipality operating under the council-mayor form of government are vested in two separate, independent, and equal branches of municipal government consisting of: (1) a council composed of five or seven members; and (2) a mayor and, under the mayor's supervision, any executive or administrative departments, divisions, and offices and any executive or administrative officers provided for by statute or municipal ordinance. In this form of government, the mayor:
- is the chief executive and administrative officer of the municipality; and
- exercises the executive and administrative powers and performs or supervises the performance of the executive and administrative duties and functions of the municipality.
- The Mayor shall:
- provide to the council, at intervals provided by ordinance, a written report to the council setting forth:
- the amount of budget appropriations;
- total disbursements from the appropriations;
- the amount of indebtedness incurred or contracted against each appropriation, including disbursements and indebtedness incurred and not paid; and
- the percentage of the appropriations encumbered.
- provide to the council, at intervals provided by ordinance, a written report to the council setting forth:
- The Mayor may:
- appoint a chief administrative officer; and
- appoint one or more deputies or administrative assistants to the mayor.
- Create any other administrative office that the mayor considers necessary for good government of the municipality, and appoint a person to said office.
- Six-Member Council Form. The powers of municipal government in a municipality operating under the six-member council form of government are vested in a council consisting of six members, one of which is a mayor. In this form of government, the mayor:
- is the chief executive officer of the municipality to whom all employees of the municipality report; and
- is primarily a nonvoting member of the council (with certain exceptions); and
- is the chair of the council and presides at all council meetings; and
- exercises ceremonial functions for the municipality; and
- may not veto an ordinance, tax levy, or appropriation passed by the council; and
- may, within budget constraints, appoint one or more administrative assistants to the mayor.
- Five-Member Council Form. The powers of municipal government in a municipality operating under the five-member council form of municipal government are vested in a council consisting of five members, one of which is a mayor. In this form of government, the mayor:
- is the chief executive officer of the municipality to whom all employees of the municipality report; and
- is a regular voting member of the council; and
- is the chair of the council and presides at all council meetings; and
- exercises ceremonial functions for the municipality; and
- may not veto any ordinance, tax levy, or appropriation passed by the council.
- Metro Township Council Form. The powers of municipal government in a metro township are vested in a council consisting of five members, one of which is the mayor. The responsibilities of both the council and mayor are impacted by whether or not the metro township is included in a municipal services district. If the municipality is included in a municipal services district, then the mayor exercises all of the duties listed below.
- is a regular and voting member of the council; and
- is elected by the members of the council from among the council members; and
- is the chair of the council and presides at all council meetings; and
- exercises ceremonial functions for the municipality; and
- may not veto any ordinance, resolution, tax levy passed, or any other action taken by the council; and
- represents the metro township on the board of a municipal services district. (NOTE: If the metro township is NOT included in a municipal service district, this last bullet point does not apply.)
Both City/Town Councils and Planning Commissions are critical to the operation of a municipality. Understanding their respective roles and responsibilities is key to ensuring good governance. Listed below is a basic overview of each group. Additional details can be found in the Utah Municipal Code (Title 10).
City and Town Councils serve as the legislative decision-making body for a local agency. Such decisions include:
- General Plan and amendments
- Land use ordinances, regulations, and design standards (proposed and amending existing)
- Zoning (proposed and amending existing)
- Annexation decisions
- Adoption of fee schedules
Planning Commissions serve in an advisory role to the legislative body, and make recommendations on items such as:
- General Plan and amendments
- Land use regulations (proposed and amending existing)
- Review of certain applications to address consistency with adopted land use regulations
A General Plan details the vision and policies developed by a community that guides desired growth and development directives for that community over a period of time, typically 20-30 years.
A Land Use Ordinance is a written law duly adopted by the local legislative body that regulates land development in a community. Each community's land use laws are unique, and each community has significant flexibility within state law to adopt land use laws that fit their community's needs.
The content within a General Plan should provide the local legislative body with a foundation to establish or amend Land Use Ordinances.
The Utah State Legislature website provides a synopsis of How Ideas Become Bills, Then Law. In line with this process, passed bills become law and are codified into State Code. Local agencies (counties, cities, towns, etc.) are then responsible for ensuring content within their local municipal codes and regulatory documents reflects adopted state laws, as appropriate. Most bills that are land use-related will have statutory deadlines for implementation, allowing local agencies time to conduct their own legislative process to establish, amend, or update their local codes to address state law.
The State Legislature website includes a listing of bills from each session.
The Local Administrative Advisor (LAA) program is a first-of-its-kind state-funded program that provides administrative support to over 140 qualifying local governments in Utah that have little to no administrative staff. Assistance is available statewide with resources and staff based centrally at the Utah League of Cities and Towns (ULCT) and regionally at the Associations of Governments (AOGs).
Learn about what agencies are eligible for assistance, the types of activities the program can address, and how to connect with staff that can support your community by clicking HERE.
Recent legislation made significant revisions to the moderate-income housing element in the state code. Through this legislation, greater clarity as well as new strategies were outlined as options to be used within moderate income housing plans. The requirement for the moderate-income housing element and reporting of progress toward implementation was also amended.
Details and requirements can be found on the Housing & Community Development Division of the Workforce Services Department Moderate Income Housing Report webpage.