17-27a-604.  Subdivision plat approval procedure — Effect of not complying.

(1)  A person may not submit a subdivision plat to the county recorder’s office for recording unless:

Terms Used In Utah Code 17-27a-604

(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 17-27a-103
  • Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 17-27a-103
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 17-27a-103
  • Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103
  • Subdivision: includes :
    (i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
    (ii) except as provided in Subsection (70)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 17-27a-103
  • Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
  • Writing: includes :Utah Code 68-3-12.5
    • (a)  the person has complied with the requirements of Subsection 17-27a-603(6)(a);

    (b)  the plat has been approved by:

    (i)  the land use authority of the:

    (A)  county in whose unincorporated area the land described in the plat is located; or

    (B)  mountainous planning district in whose area the land described in the plat is located; and

    (ii)  other officers that the county designates in its ordinance;

    (c)  all approvals described in Subsection (1)(b) are entered in writing on the plat by designated officers; and

    (d)  if the person submitting the plat intends the plat to be or if the plat is part of a community association subject to Title 57, Chapter 8a, Community Association Act, the plat includes language conveying to the association, as that term is defined in Section 57-8a-102, all common areas, as that term is defined in Section 57-8a-102.

    • (2)  An owner of a platted lot is the owner of record sufficient to re-subdivide the lot if the owner’s platted lot is not part of a community association subject to Title 57, Chapter 8a, Community Association Act.

    (3)  A plat recorded without the signatures required under this section is void.

    (4)  A transfer of land pursuant to a void plat is voidable by the land use authority.

    Amended by Chapter 47, 2021 General Session

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