Zoning 410 Procedural Irregularities
Unofficial copy. It may be out of date. Not legal or zoning advice. Zoning rules change, and only the city or county can say for sure what is allowed on a property. Confirm with the city or county planning department before you buy, sign or build.
The official Wayne County code is at https://waynecountyutah.gov/pages/planning-and-zoning.
Text pulled 2026-10-19 from this source.
Tables (like use tables) may not copy cleanly, so check any table against the official code.
Confirm anything here with Wayne County planning before you rely on it.
1) Validity of Action. No action, inaction or recommendation shall be set aside by a court due to any error (including, but not limited to, any irregularity, informality, neglect or omission) unless:
a) A procedure required by State or Federal law; was not followed and
b) In an examination of the circumstances, including the record, the court is of the opinion that the procedural error complained of was prejudicial to a substantial right of the complainant as shown by the following:
i) Had the error not occurred the decision made pursuant to the procedure would have been different, and
ii) Because of the error, the complainant suffered an injury for which relief must be given.
2) Presumption of Validity. The court shall presume that action, inaction or recommendation taken pursuant to a procedure was done in good faith and shall not presume that an error is prejudicial or that an injury occurred. The complainant shall have the burden of proof to show that an error is prejudicial or that an injury occurred.
CHAPTER 5 APPLICATIONS TO AMEND THE WAYNE COUNTY GENERAL PLAN