Current through the 2024 Fourth Special Session
Section 10-9a-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 for:(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: (ii) drainage, sanitary, and other facilities and resources;(d) the use of energy conservation and solar and clean energy resources;(e) the protection of urban development;(f) if the municipality is a town, the protection or promotion of moderate income housing;(g) the protection and promotion of air quality;(h) historic preservation;(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(3)(a) The general plan of a specified municipality, as defined in Section 10-9a-408, shall include a moderate income housing element that meets the requirements of Subsection 10-9a-403(2)(a)(iii).(b)(i) This Subsection (3)(b) applies to a municipality that is not a specified municipality as of January 1, 2023.(ii) As of January 1, if a municipality described in Subsection (3)(b)(i) changes from one class to another or grows in population to qualify as a specified municipality as defined in Section 10-9a-408, the municipality shall amend the municipality's general plan to comply with Subsection (3)(a) on or before August 1 of the first calendar year beginning on January 1 in which the municipality qualifies as a specified municipality.(4) Subject to Subsection 10-9a-403(2), the municipality may determine the comprehensiveness, extent, and format of the general plan.(5) 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 10-9a-403 shall amend the municipality's general plan to comply with Section 10-9a-403.Amended by Chapter 53, 2024 General Session ,§ 1, eff. 5/1/2024.Amended by Chapter 88, 2023 General Session ,§ 1, eff. 3/13/2023.Amended by Chapter 406, 2022 General Session ,§ 2, eff. 6/1/2022.Amended by Chapter 282, 2022 General Session ,§ 1, eff. 5/4/2022.Amended by Chapter 3, 2021SP1 General Session ,§ 3, eff. 5/28/2021.Amended by Chapter 333, 2021 General Session ,§ 2, eff. 5/5/2021.Amended by Chapter 64, 2021 General Session ,§ 3, eff. 5/5/2021.Amended by Chapter 327, 2019 General Session ,§ 2, eff. 5/14/2019.Amended by Chapter 136, 2019 General Session ,§ 6, eff. 5/14/2019.Amended by Chapter 218, 2018 General Session ,§ 1, eff. 5/8/2018.Renumbered and Amended by Chapter 254, 2005 General Session.