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20007-08 Resolution 1 Land Use Issues

Adopted -- Tuesday, September 11, 2007
Sheraton Hotel -- Salt Lake City
3:00 -- 4:00 p.m.

Resolution 2007-01

2007 Utah League of Cities and Towns Resolution -- Land Use Regulation

Whereas: Elected municipal officials have the responsibility to implement land use policies that effectively balance competing needs of property owners, with maintaining property values;

Whereas: Municipal officials must have flexibility to deal with differing circumstances for which land use regulations are required.

Whereas: To retain this flexibility, the Land Use Management and Development Act (LUDMA) must remain enabling legislation and must not set specific rigid standards with which all local jurisdictions must comply.

Whereas: Repeated legislative effort to make LUDMA more rigid and controlling has created uncertainty in local jurisdictions providing an incentive not to implement innovations available in LUDMA.

Whereas: Municipal officials desire to stay current and well informed, with a thorough understanding of the laws regulating property values and property rights

Now Therefore Let It Be Resolved: The Utah League of Cities and Towns' position on legislative efforts to amend the Municipal Land Use Management and Development Act (LUDMA) is as follows:

1. The League of Cities and Towns strongly opposes any legislation attempting to take away or limit the authority of local elected officials to make land use decisions within their jurisdictions. Formulation and implementation of land use regulations need to remain with local government officials.
2. One size does not fit many. Each jurisdiction must be allowed to adapt land use policy to its locale and its culture. State enabling legislation (LUDMA) needs to remain flexible allowing local governments to adjust to local circumstances.
3. The League of Cities and Towns, in conjunction with the development community, believes that property rights thrive on certainty. Constant changes in land use legislation undermine property values statewide.
4. The Utah League of Cities and Towns, together with all other sectors of state and local government, in participation with the development community, will benefit from coordinated, professional, training regarding land use laws, private property rights and recent developments in state law.
5. The Utah Real Estate Market remains healthy, but is part of a national system of lending and market forces that have presented challenges to the robust development opportunities that have preceded us.
6. The municipal land use and development communities must work together to sustain healthy economic growth and development into the future.
7. As such, the League of Cities and Towns continues to support the premise that LUDMA should not be amended or supplemented in any respect without a concerted effort among stakeholders to achieve a consensus-based bill.