According to the Utah Department of Commerce, the ability to develop land for profit is one of the “most important rights” associated with property ownership. In its 2026 Strategic Economic Development Plan, the Governor’s Office of Economic Development also noted that a key goal was to “ensure local incentives” for zoning and infrastructure. This could be an excellent time to take advantage of development opportunities in the Beehive State, and an experienced land use lawyer in Utah may be able to help with the land use approval process.
Established in 1986, Snow Jensen & Reece, P.C. has developed strong connections with the real estate development world in Utah. Senior Shareholder V. Lowry Snow is the co-chair of the Point of the Mountain Land Authority, which administers the development of a 700-acre site. Shareholder Lewis Reece is both a lawyer and a real estate developer with unique industry insights. Expand on the land use discussion by reaching out to Snow Jensen & Reece, P.C. at (435) 628-3688. We serve developers and communities throughout Cedar City and St. George.
The Key Steps of Land Use Approval Include Research, Application, a Hearing, Appeals, Permits, Construction, and Closeout
The seven main phases of the land use approval process in Utah revolve around research, the actual application, a public hearing, a subsequent appeals process (if necessary), obtaining permits, construction, and closeout. The overall process follows an outline established by SB 1008, a new bill passed in 2025 that recodified the Land Use, Development, and Management Act (LUDMA). One version of LUDMA applies to municipal land use, while the other applies to county land use, albeit with very minor differences. The new law ensures a final decision within 45 days, a streamlined process compared to earlier, more time-consuming practices. However, there are also many steps and requirements to be aware of, something that Snow Jensen & Reece, P.C. may be able to help with.
Summary of the Land Use Approval Process
The Utah land use approval process generally involves seven phases: research, application, public hearing when required, appeals when necessary, permits, construction, and closeout. Research and Application: Developers typically begin by verifying zoning, surveying the property, assessing environmental concerns, identifying easements, and submitting a complete application that complies with applicable ordinances and requirements.
Hearings, Appeals, and Permits: Depending on the project, a public hearing may be required, while an adverse decision can lead to an appeal; approved projects must also obtain the necessary construction permits before work begins. Construction and Closeout: Development must generally follow approved plans and permits, while the final phase can include inspections, issuance of a Certificate of Occupancy, and completion of applicable cash bond requirements.
Step One: The Research Phase
The land use approval process should begin with research and due diligence. This involves verification of existing zoning, mapping and surveying, assessing environmental concerns, locating easements, and much more. An experienced land use lawyer can guide developers through this process. Without adequate due diligence and research, it is all too easy to make a serious mistake that could affect the later phases of the land use approval process.
Step Two: The Application Phase
LUDMA ensures that once a developer submits a valid application, the local municipality cannot suddenly pass new bylaws that make that project impossible. As long as the application complies with existing ordinances and includes the necessary fees, the project is “locked in.” City staff only have a certain amount of time to review an application and search for errors. I
Step Three: The Hearing Phase (If Necessary)
Larger, more complex development projects will likely require public hearings with both government officials and members of the public present. However, the 2025 recodification of LUDMA has eliminated the need for public hearings in some cases. If a land use application involves a more straightforward subdivision, the local municipality may be prohibited from holding a public hearing. Instead, administrators may simply run through a checklist before giving approval. If a public hearing is necessary, it is one of the most important phases of the land approval process. One has to remember that average members of the public have considerable power in this scenario.
Step Four: The Appeals Phase (If Necessary)
Ideally, the application will end in approval, and the appeals phase will be completely unnecessary. However, an appeal could be necessary if a developer receives a negative decision. After a decision of this nature, the applicant may need to spend a few days exploring alternative solutions before filing a formal appeal. Next, an appellate hearing may be necessary. This hearing occurs in private, and the applicant must establish that the original decision was incorrect.
Step Five: The Permit Phase
Even after approval, the overall land use process is not yet complete. Next, the developer must obtain the necessary permits for the proposed project. This stage requires the submission of an application ot the Building Department, which must include technical construction information about electrical grids, blueprints, HVAC details, and plumbing schematics. At the end of this process, the developer should receive formal approval and a permit to begin construction.
Step Six: The Construction Phase
As the name implies, the construction phase involves the transition from concept to reality. During this process, it is incredibly important to stick to the initial permit and avoid deviating from existing guidelines in any way. If it becomes necessary to make an adjustment partway through construction, the developer must submit a formal amendment and receive approval from the City once again.
Step Seven: The Closeout Phase
The last phase of the land use process is “closeout.” A key part of this phase is the final inspection, which involves numerous inspectors touring the site together and giving their final approval. At this point, any minor defects may be flagged by inspectors. At the end of this process, the developer should receive a “Certificate of Occupancy” (CO). Finally, the developer should navigate the cash bond process to receive the performance cash, held as collateral by the City until completion.
Learn More About the Land Use Approval Process With Snow Jensen & Reece, P.C.
While the land use approval process can be time-consuming and stressful, the 2025 recodification provides property owners and developers with many key protections. The new version of LUDMA can also streamline the land use approval process in many ways. In order to follow the key steps of this process in accordance with the latest Utah guidelines and requirements, it may help to work with an experienced land use attorney in Utah. Snow Jensen & Reece, P.C. has achieved a Martindale-Hubbell rating of “AV-Preeminent,” the highest-possible peer-review designation. A conversation with Snow Jensen & Reece, P.C. (435-628-3688) may provide further insights. We serve property owners and developers throughout southern and central Utah.
Frequently Asked Questions About the Land Use Approval Process
Learn more about land use laws in Utah with these common FAQs.
What Are The Main Steps In The Utah Land Use Approval Process?
The seven primary phases are research, application, hearing when necessary, appeals when necessary, permitting, construction, and closeout. Each phase involves distinct requirements that can affect the timing and progress of a development project.
What Happens During The Research Phase Of Land Use Approval?
The research phase generally involves reviewing existing zoning, mapping, and surveying the property, evaluating environmental concerns, and identifying easements or other restrictions. Thorough due diligence can help identify potential issues before an application is submitted.
What Happens After A Land Use Application Is Submitted?
A valid application that complies with applicable ordinances and includes the required fees receives certain protections under Utah’s Land Use, Development, and Management Act (LUDMA). The local government must review the application within the applicable statutory framework and identify relevant errors or deficiencies.
Does Every Land Use Project Require A Public Hearing?
No. Certain straightforward land use applications may not require a public hearing under the recodified LUDMA framework. More complex development projects may still involve public hearings before government officials and members of the public.
What Happens If A Land Use Application Is Denied?
An applicant may have the option to appeal an adverse land use decision. The applicable procedures, deadlines, and standards depend on the type of decision and the relevant local government requirements.
What Permits Are Required After Land Use Approval?
Land use approval does not necessarily authorize construction by itself. Developers may need to submit technical construction information, including plans concerning electrical systems, HVAC, plumbing, and other project components, before receiving the permits required to begin construction.
Can A Developer Change An Approved Project During Construction?
Changes to an approved project may require a formal amendment and additional approval from the applicable local government. Proceeding with material changes without the required approval could create complications during construction or final inspection.
What Happens During The Closeout Phase Of Land Development?
Closeout generally includes final inspections and resolution of any remaining deficiencies. Once applicable requirements are satisfied, a Certificate of Occupancy may be issued, and the developer may also complete the process for obtaining the return of performance cash held as collateral.