Geologic hazards addressed by lawmakers

A bill giving cities authority to make zoning decisions in geologic hazard areas was approved by a House committee on Tuesday.

"This resolves and prohibits the perceived practices among the development community that some government groups are zoning simply to prohibit growth and trying to zone people out of their property rights," said the sponsor of HB153, Rep. Michael Morley, R-Spanish Fork.

Geologic hazards include a surface fault rupture, shallow groundwater, liquefaction, a landslide, debris flow, unstable soil, a rock fall, or any geologic condition that presents a risk to life or substantial loss or damage to property, according to the bill. Current law doesn't define a geologic hazard.

The state is trying to figure out how to deal with hazards, especially after several damaging landslides in Cedar Hills, Provo, Mountain Green, South Weber and Layton destroyed homes, forced evacuations and injured at least one person during 2005 and 2006. Gov. Jon Huntsman Jr. even set up a statewide Geologic Hazards Working Group in April 2006 to tackle the issue.

"We're just getting our arms around the problem," said Jodi Hoffman of the Utah League of Cities and Towns. "Unfortunately for some homeowners, it's too late."

HB153 encourages local municipalities to enact zoning ordinances in flood plains or potential geologic hazard areas.

"The main focus of the bill is to create or put some science into the zoning of geological hazards and require there be some kind of science involved should there be studies," Morley said.

If a developer wants to appeal a zoning decision in the geologic hazard area, both the developer and the city would individually appoint a representative to an appeal board, as well as work together to appoint a third member.

The appeal board ends "this battle of the experts," said Chris Gamvroulas, president of Ivory Development. Instead, there would be "a neutral disinterested party, someone who can take the emotion from the city side and landowner side out."

Morley said the new process, "will help over the long run in avoiding costly litigation."

"Your bill on the surface looks like it goes a long ways to cure some of the problems we've had in the past," said Rep. Gage Froerer, R-Huntsville.

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