Opinion · Op-ed
Time for Town Council to Rethink Public Hearings
At the last Town Council meeting there was one Legislative item, and ten Administrative action items. Of those 11 items, 2 were marked as Public Hearing. At the discretion of Council, all 11 could have been. The two that were public hearing items were mandated by law to be so. If an agenda item is labeled as a public hearing, it means the public is invited to speak and share comments directly with the Council before a decision is made.
When a citizen submits a letter about an agenda item, when Council recognizes that an issue is of broad public interest, or when a decision directly affects a specific neighborhood, logic and transparency suggest that these items should be designated as public hearings. At the last meeting, this would have included the Barker River Park Expansion Project; the proposed removal of a streetlamp (for which at least three attendees wished to comment but were not allowed because it was not classified as a public hearing); the ongoing series of modifications related to Red Hawk; the amendment of the Utility User rates; the issuance of an RFP for the land on Trapper Circle; and potentially the adoption of a demolition permit.
If no one is there to comment when it is designated public hearing, the extra time required is less than a minute per item. Why not err on the side of inclusion and transparency?
To be absolutely clear, Springdale can designate an agenda item as a public hearing even when state law does not require one.
Here’s how it works in Utah:
1. Utah Law Sets the Minimum Requirements — Not the Maximum
Utah statutes (LUDMA, Utah Code §10-9a) specify when a public hearing is required (e.g., general plan changes, zoning amendments, annexations, budgets).
But nothing in LUDMA prohibits a town from holding additional public hearings at its own discretion.
Municipalities may always choose:
- to hold voluntary public hearings,
- to take public comment on items that normally wouldn’t require a hearing,
- or to adopt a rule that certain types of actions will get a public hearing even if state law is silent.
2. The Town Council Has Broad Procedural Flexibility
Under Utah Code:
- Municipal councils set their own rules of order (§10-3-606).
- They may structure meetings and public comment procedures however they see fit, as long as they comply with the Utah Open and Public Meetings Act (OPMA).
Nothing in OPMA prevents other agenda items being made “public hearing” items..
3. Many Utah Towns Do This Already
Small towns often designate public hearings for:
- controversial development proposals
- large expenditures
- grants
- policies where they want public buy-in
- things the planning commission has heard but the council wants to hear again
Even when a hearing isn’t required, councils use them for transparency and community engagement.
4. Exception: Public Hearings Cannot Replace Quasi-Judicial Due Process
One limitation:
If the council is acting in a quasi-judicial role (e.g., an appeal board), they cannot turn it into a free-for-all hearing — only parties with standing may testify.
But this almost never applies to standard council agenda items.
Conclusion
✔ Yes. Springdale can hold optional public hearings for any agenda item.
✔ They simply must provide proper notice if they advertise something as a public hearing.
Springdale already sends out the agenda on the Friday before the meeting. All they need do is designate items as public hearing.
✔ Doing so is fully legal and common. (well, not so common in Springdale)
In summary, state law requires public hearings for specific actions—such as zoning changes, general plan updates, and the annual budget. However, the Town Council can also choose to hold additional public hearings for any agenda item even when they are not required. This is often done when a topic affects many residents, involves a major project, or would benefit from hearing community perspectives before a decision is made.
Holding optional public hearings helps ensure transparency, provides more opportunity for public input, and strengthens communication between the Town and its residents. Even when a hearing isn’t legally required, the Council may designate one simply because it’s good practice and encourages broader participation.