Utah's Religious Land Use Law Takes Effect

The Deseret Morning News reports that among the 233 new Utah laws that take effect on Monday is the Utah Religious Land Use Act, nicknamed the "steeple act". It requires that state and local governments have a compelling interest before they can use zoning or other land use laws to impose a substantial burden on the free exercise of religion. Even with a compelling interest, the government must use the least restrictive means available to further their interest. However, the government need not prove separately that the remedy and penalty provisions of its land use law are the least restrictive means to ensure compliance. Also the bill explicitly permits local governments to impose costs and fees reasonably necessary to mitigate the off-site impacts of development. The bill will likely have the effect of allowing churches to be built in areas zoned as residential.