HB 435: Building Code Amendments - Utah

Amended 2/19/2025 11:02:865 → Substitute #1 · 3 edits

MINOR

The bill was amended to change the scope of high tunnel exemptions from county-level to municipal-level regulation, and to add a new municipal exemption provision. The original bill only exempted high tunnels from county building codes, while the substitute version now exempts them from both county and municipal building codes. This expands the protection for high tunnel structures across more jurisdictions.

Scope change

The bill's scope expanded from applying only to county building codes to also applying to municipal building codes, increasing the number of jurisdictions where high tunnels are exempt from permit requirements.

SCOPE

Changed the Utah Code section number from 17-27a-536 to 10-9a-525 for the municipal exemption provision, creating a new section that exempts high tunnels from municipal building codes in addition to county building codes.

REQUIREMENT

Added a new Section 1 that amends 10-9a-525 to provide high tunnel exemptions from municipal building codes, expanding the original bill which only covered county exemptions.

DEFINITION

The definition of high tunnel remained substantively unchanged, but was reorganized into two separate code sections (one for county, one for municipal) rather than being contained in a single section.

Amended Excerpts 2/19/2025 11:02:865 → Amended 2/19/2025 11:02:865 · 4 edits

MODERATE

This bill amends Utah's County Land Use, Development, and Management Act to create a specific exemption for high tunnel structures from county building regulations. The changes clarify the definition of a high tunnel and explicitly state that no building permit is required for their construction.

Scope change

The bill expands regulatory exemptions by adding high tunnels to structures that are exempt from county building codes and permit requirements.

DEFINITION

Added a specific definition for 'high tunnel' describing it as a non-permanent structure used for growing, keeping, storing, selling, or sheltering agricultural commodities with specific frame and covering materials.

REQUIREMENT

Added explicit exemption stating that county building codes do not apply to high tunnels.

Added explicit exemption stating that no building permit is required for constructing a high tunnel.

TIMELINE

Added effective date of May 7, 2025 for the new provisions.

Enrolled → Amended Excerpts 2/19/2025 11:02:865 · 3 edits

MINOR

This bill amends Utah's high tunnel regulations to exempt these structures from both municipal and county building codes. The changes clarify the definition of high tunnels and remove permit requirements, making it easier for farmers to use these agricultural structures without regulatory hurdles.

Scope change

The bill expands the exemption from municipal building codes to also include county building codes, broadening the scope of structures exempt from regulation.

REQUIREMENT

Removed requirement for building permits for high tunnel construction

SCOPE

Added exemption from county building code regulations for high tunnels

DEFINITION

Updated definition of high tunnel to specify structural materials and floor types

Introduced → Enrolled · 4 edits · Mar 27, 2025

MODERATE

The bill was amended to change the scope of high tunnel exemptions from county-level to municipal-level regulation, and to update the Senate sponsor name. The substantive policy regarding high tunnel definitions and exemptions remains unchanged.

Scope change

The bill's scope was modified to exempt high tunnels from municipal building codes rather than county building codes, and to add growing of agricultural commodities to the list of permissible uses.

SCOPE

The exemption for high tunnels was changed from county building regulation to municipal building regulation.

The definition of high tunnel was updated to include 'growing' of agricultural commodities as a permissible use.

TECHNICAL

The Senate Sponsor name was changed from 'LONG TITLE' to 'Michael K. McKell'.

The affected Utah Code section was changed from 17-27a-536 to 10-9a-525 for the high tunnel exemption provision.

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