(1) Subject to Subsection (2), a county may enter into a development agreement containing any term that the county considers necessary or appropriate to accomplish the purposes of this chapter, including a term relating to: (a) a master planned development; (b) a planned unit development; (c) an annexation; (d) affordable or moderate income housing with development incentives; (e) a public-private partnership; or (f) a density transfer or bonus within a development project or between development projects. (2) (a) A development agreement may not: (i) limit a county's authority in the future to: (A) enact a land use regulation; or (B) take any action allowed under Section 17-64-501; (ii) require a county to change the zoning designation of an area of land within the county in the future; or (iii) allow a use or development of land that applicable land use regulations governing the area subject to the development agreement would otherwise prohibit, unless the legislative body approves the development agreement in accordance with the same procedures for enacting a land use regulation under Section 17-79-502, including a review and recommendation from the planning commission and a public hearing. (b) A development agreement that requires the implementation of an existing land use regulation as an administrative act does not require a legislative body's approval under Section 17-79-502. (c) Subject to Subsection (2)(d), a county may require a development agreement for developing land within the unincorporated area of the county if the applicant has applied for a legislative or discretionary approval, including an approval relating to: (i) the height of a structure; (ii) a parking or setback exception; (iii) a density transfer or bonus; (iv) a development incentive; (v) a zone change; or (vi) an amendment to a prior development agreement. (d) A county may not require a development agreement as a condition for developing land within the unincorporated area of the county if: (i) the development otherwise complies with applicable statute and county ordinances; (ii) the development is an allowed or permitted use; or (iii) the county's land use regulations otherwise establish all applicable standards for development on the land. (e) A county may submit to a county recorder's office for recording: (i) a fully executed agreement; or (ii) a document related to: (A) code enforcement; (B) a special assessment area; (C) a local historic district boundary; or (D) the memorializing or enforcement of an agreed upon restriction, incentive, or covenant. (f) Subject to Subsection (2)(e), a county may not cause to be recorded against private real property a document that imposes development requirements, development regulations, or development controls on the property. (g) To the extent that a development agreement does not specifically address a matter or concern related to land use or development, the matter or concern is governed by: (i) this chapter; and (ii) any applicable land use regulations. Renumbered and Amended by Chapter 14, 2025 Special Session 1
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