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Washington County, UT HOA Rules: CC&R Enforcement (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

County enforces CC&Rs
No, per § 10-5-1
Conflict rule
§ 10-1-4: county yields to stricter covenants
Zoning floor
County code controls over laxer covenants
CC&R remedy
HOA board or civil district court only
County remedy scope
Title 10 violations only (§ 10-1-11)

Summary

Washington County's zoning code says flatly that the county does not enforce private restrictive covenants, and no covenant can modify the county's own zoning rules. HOA disputes over CC&Rs, architectural review, or association fines stay strictly between homeowners and their association; county staff apply only Title 10 when reviewing a permit.

These county ordinances apply to unincorporated areas of Washington County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Regardless of the zone, the county hereby reserves all rights to its claimed public access and R.S. 2477 rights-of-way. The county does not enforce private restrictive covenants, nor shall any such covenant modify the regulations herein.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-17: Code current through: Ord. 2026-1329-O, passed 8-18-2026).

Full Breakdown

S. " In practice this cuts both ways: if a subdivision's CC&Rs impose a tighter rule than the county allows, for example a lower fence height or a ban on visible RV storage, that private covenant keeps working exactly as written, but Washington County will not send a code officer to cite the violation. It is the homeowners association's board, architectural committee, or a lot owner's own civil suit in state district court that has to enforce it. Conversely, if a CC&R purports to allow a use the zoning ordinance forbids, Section 10-1-4 makes clear that Title 10 controls and the county's building inspector will apply the zoning ordinance regardless of what the covenant says.

The county's own enforcement machinery in Sections 10-1-11 and 10-1-12, nuisance abatement and enforcement by the building inspector and public works director, reaches only violations of Title 10 itself, never a purely private covenant breach.

Violations & Fines

County code enforcement, run by the building inspector and public works director under Section 10-1-12, only cites violations of the zoning ordinance; those get referred to the county attorney for abatement as a public nuisance under Section 10-1-11. A CC&R breach is not a county offense and draws no citation, fine, or stop-work order from Washington County. Enforcing a covenant is left entirely to the HOA board or to a lawsuit an aggrieved lot owner files in district court.

Frequently Asked Questions

Does Washington County enforce my HOA's CC&Rs?
No. Section 10-5-1 of the county zoning code says the county does not enforce private restrictive covenants, and no covenant can modify the county's own regulations. If your HOA cites you for a covenant violation, county building and code enforcement staff have no role; the dispute stays between you and the association, or ends up in state district court.
Can my CC&Rs be stricter than county zoning?
Yes. Section 10-1-4 says Title 10 "shall not nullify the more restrictive provisions of covenants," so an HOA can impose tighter limits, like shorter fences or paint-color review, than the zoning ordinance requires, and those private terms stay enforceable by the association even though the county itself never enforces them.
What if my CC&Rs allow something county zoning forbids?
County zoning wins. Section 10-1-4 states Title 10 "shall prevail notwithstanding" covenant provisions that are less restrictive, so a permit application that violates the zoning ordinance gets denied by the building inspector under Section 10-1-10 even if a CC&R purports to authorize the use.

Sources & Official References

Other rules in Washington County

All Washington County rules

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