As a land use authority, have you ever thought of yourself as a community therapist? While you might not have a fancy, plush couch, or be asking your applicant how they feel about their mother-in-law, land use authorities do play a crucial role in maintaining the health and well-being of our communities. Similar to therapists, land use authorities try to balance competing interests, mitigate conflicts – the only difference being land use authorities are attempting to guide appropriate and sustainable development rather than navigating personal issues and promote individual well-being.
Defining “Sensitive Lands” Regulations
While the term “sensitive lands” is often referred to more broadly as areas with significant environmental, geological, cultural, or historic value that require careful management in order to preserve their unique characteristics (i.e.,wetlands, floodplains, wildlife habitats, historical sites, and areas with steep slopes or other unique geological features that make them undesirable for development).
In Utah land use practice, the term “sensitive lands” is being used to describe “geologic hazards” (i.e., defined in §10-9a-103/§17-27a-103 of Utah State Code (as amended) as include surface fault ruptures, shallow groundwater, liquefaction, landslides, debris flow, unstable soil, rock fall, or any other geologic condition that presents a risk to life, or substantial loss of or damage to real property).
“Sensitive lands” can also mean “potential geologic hazards” (i.e., as that term is defined in §10-9a-103/§17-27a-103 of Utah State Code (as amended).
When Regulating “Sensitive Lands” Becomes Community Therapy
It’s no secret that Utah has its fair share of geologic hazards which can negatively impact life safety, health, property, and the state’s economy. Last year, 2023, was evidence that sometimes all it takes is a little extra rain and heavy snowpack to produce emergency declarations.
While the State has gone to some lengths to help land use and appeal authorities (i.e., ensuring that new subdivisions located in “sensitive lands” are exempt from certain review and approval requirements that were implemented during the 2023 General Session, and through the establishment of specific guidelines for appealing a land use authority’s decision when it comes to geologic hazards (i.e., §10-9a-703 of Utah State Code (as amended)), we shouldn’t forget that land use and appeal authorities must still use their imaginary therapy degrees to balance competing interests, successfully mediate conflicts, and more. Otherwise how else will a vibrant, resilient, and harmonious community be achieved?
Need Advice Or Want To Learn More?
Check out our online training modules here! Note: civiclinQ is able to provide free access to more than 45 different land use training module topics courtesy of funding provided by the Utah Office of the Property Rights Ombudsman from the 1% surcharge on all building permits in the State of Utah.
