Utah Code § 63N-23-706

Payment, use, and administration of tax increment from a first home investment
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zone.
(1) A municipality may receive and use tax increment and first home investment zone funds in
accordance with this part.
(2)
(a) A county that collects property tax on property located within a first home investment zone
shall, in accordance with Section 59-2-1365, distribute to the municipality any tax increment
the municipality is authorized to receive up to the maximum approved by the housing and
transit reinvestment zone committee.
(b)
(i) Except as provided in Subsection (2)(b)(ii), tax increment paid to the municipality are first
home investment zone funds and shall be administered by the municipality within which the
first home investment zone is located.
(ii) A municipality may contract with an agency, county, or a housing authority to administer
tax increment and the first home investment zone, ensure compliance with first home
investment zone requirements, and administer deed restrictions.
(iii) Before an agency may receive first home investment zone funds from the municipality, the
municipality and the agency shall enter into an interlocal agreement with terms that:
(A) are consistent with the approval of the housing and transit reinvestment zone committee;
and
(B) meet the requirements of Section 63N-23-702.
(3)

(a) A municipality and the agency shall use first home investment zone funds for the benefit of
the first home investment zone and related extraterritorial housing.
(b) If any first home investment zone funds will be used outside of the first home investment zone
there shall be a finding in the approved proposal for a first home investment zone that the use
of the first home investment zone funds outside of the first home investment zone will directly
benefit the first home investment zone or related extraterritorial homes.
(4) In accordance with Subsection 63N-23-702(4)(e), a municipality shall use the first home
investment zone funds to achieve the purposes described in Subsections 63N-23-702(1)
and (2), by paying all or part of the costs associated with the first home investment zone and
extraterritorial homes, including:
(a) project improvements;
(b) system improvements; and
(c) the costs of the municipality to create and administer the first home investment zone, which
may not exceed 2% of the total first home investment zone funds, plus the costs to complete
the gap analysis described in Section 63N-23-703.
(5) First home investment zone funds may be paid to a participant, if the agency and participant
enter into a participation agreement which requires the participant to utilize the first home
investment zone funds as allowed in this section.
(6) First home investment zone funds may be used to pay all of the costs of bonds issued by the
municipality in accordance with Title 17C, Chapter 1, Part 5, Agency Bonds, including the cost
to issue and repay the bonds including interest.
(7) A municipality may create one or more public infrastructure districts within the city under
Title 17D, Chapter 4, Public Infrastructure District Act, and pledge and utilize the first home
investment zone funds to guarantee the payment of public infrastructure bonds issued by a
public infrastructure district.
(8) A municipality, agency, or public infrastructure district that intends to receive or receives tax
increment, as defined in Section 59-36-101, shall comply with the requirements described in
Title 59, Chapter 36, Tax Increment Financing Reporting.
Renumbered and Amended by Chapter 94, 2026 General Session

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