9/10/26

The Duchesne County Commission adopts Ordinance #26-432 Land Use Amendments, changing who may act as the appeal authority of land use decisions and who may act to consider variances to land use code in Duchesne County.

Ordinance #26-432 goes into effect fifteen (15) days after publication, or on Thursday, September 10, 2026.

Changes to appeal authority are as follows:

 

Land Use Authority	Appeal Authority Before	Appeal Authority After
Planning Division decisions	Planning Commission	appointed Appeal Authority
Board of Adjustment decisions	District Court	Board of Adjustment dissolved
Planning Commission decisions	County Commission	appointed Appeal Authority
Routine and Uncontested Matters variance	Board of Adjustment	appointed Appeal Authority
Subdivision exceptional conditions variance	County Commission	District Court

 

Public Hearing vs. Public Meeting

In response to S.B. 284 Local Land and Water Modifications, passed by the Utah State Legislature in 2026,  Ordinance #26-432 also changes appeal hearings from being a public hearing to a public meeting, as  defined in the Utah Open and Public Meetings Act. This change affects the noticing requirements and meeting participants for appeal hearings.

De Novo Review to Record Review

Appeals in the Duchesne County code prior to Ordinance #26-432 include both the de novo and record standards of review. Ordinance #26-432 changes all appeal standards of review to be record reviews.

Please contact Mike Gottfredson, Assistant Community Development Administrator, at (435) 738-1135, or mikeg@duchesne.utah.gov, for further questions.