10-2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities
Title 10 > 10-2
Sections (60)
Classification of Municipalities
10-2-301 - Classification of municipalities according to population.
(1) Each municipality shall be classified according to its population, as provided in this section.
(2) A municipality with a population of 100,000 or more is a city of the first class.A municipality with a population of 65,000 or more but less than 100,000 is a city of the second class.A municipality with a population of 30,000 or more but less than 65,000 is a city of the third class.A municipality with a population of 10,000 or more but less than 30,000 is a city of the fourth class.A municipality with a population of 1,000 or more but less than 10,000 is a city of the fifth class.A municipality with a population under 1,000 is a town.
Amended by Chapter 292, 2003 General Session
10-2-302 - Change of class of municipality.
(1) Each municipality shall retain its classification under Section 10-2-301 until changed as provided in this section or Subsection 67-Ch67_1a|67-1a-2].
(2) If a municipality’s population, as determined by the lieutenant governor under Subsection 67-Ch67_1a|67-1a-2], indicates that the municipality’s population has decreased below the limit for its current class, the legislative body of the municipality may petition the lieutenant governor to prepare a certificate indicating the class in which the municipality belongs based on the decreased population figure.
(3) A municipality’s change in class is effective on the date of the lieutenant governor’s certificate under Subsection 67-Ch67_1a|67-1a-2].
Amended by Chapter 438, 2024 General Session
10-2-303 - Effect of change in class.
(1) If a municipality changes from one class to another: all property, property rights, and other rights that belonged to or were vested in the municipality at the time of the change shall belong to and be vested in it after the change;no contract, claim, or right of the municipality or demand or liability against it shall be altered or affected in any way by the change;each ordinance, order, and resolution in force in the municipality when it changes classes shall, to the extent that it is not inconsistent with law, not be affected by the change and shall remain in effect until repealed or amended;the change may not affect the identity of the municipality;each municipal officer in office at the time of the change shall continue as an officer until that officer’s term expires and a successor is duly elected and qualified; andthe municipality maintains after the change in class the same form of government that it had immediately before the change.
(2) A change in class does not affect an action at law, prosecution, business, or work of the municipality changing classes, and proceedings shall continue and may be conducted and proceed as if no change in class had occurred.Notwithstanding Subsection (2)(a), if the law applicable to a municipality under the new class provides the municipality a different remedy with respect to a right that it possessed at the time of the change, the remedy shall be cumulative to the remedy applicable before the change in class.
Amended by Chapter 378, 2010 General Session
10-2-306 - Judicial notice taken of existence and class.
All courts in this state shall take judicial notice of the existence and classification of any municipality.
Enacted by Chapter 48, 1977 General Session
Restriction of Municipal Limits
10-2-501 - Municipal disconnection — Definitions — Request for disconnection — Requirements upon filing request — Notice.
(1) As used in this part “petitioner” means: one or more persons who:own title to real property within the area proposed for disconnection; andsign a request for disconnection proposing to disconnect the area proposed for disconnection from the municipality; orthe mayor of the municipality within which the area proposed for disconnection is located who signs a request for disconnection proposing to disconnect the area proposed for disconnection from the municipality.
(2) A petitioner proposing to disconnect an area within and lying on the borders of a municipality shall file with that municipality’s legislative body a request for disconnection.Each request for disconnection shall:contain the names, addresses, and signatures of the owners of more than 50% of any private real property in the area proposed for disconnection;give the reasons for the proposed disconnection;include a map or plat of the territory proposed for disconnection; anddesignate between one and five persons with authority to act on the petitioner’s behalf in the proceedings.
(3) Upon receiving a request for disconnection, a municipal legislative body shall publish notice of the request: in accordance with the legal notice requirements described in Section 45-1-101, for three weeks before the day of the public hearing described in Section 10-2-502.5; andfor the area proposed to be disconnected, as a class B notice under Section 63G-30-102, for at least three weeks before the day of the public hearing described in Section 10-2-502.5.
(4) A municipal legislative body may bill the petitioner for the cost of preparing, printing, and publishing the notice required under Subsection (3).
Amended by Chapter 435, 2023 General Session
10-2-502.5 - Hearing on request for disconnection — Notice — Determination by municipal legislative body — Petition in district court.
.5(1) No sooner than three weeks after notice is provided under Subsection 10-2-501(3), the legislative body of the municipality in which the area proposed for disconnection is located shall hold a public hearing.
.5(2) The municipal legislative body shall provide notice of the public hearing: at least seven days before the hearing date, in writing to the petitioner and to the legislative body of the county in which the area proposed for disconnection is located; andfor the municipality, as a class B notice under Section 63G-30-102, for at least 10 days before the hearing date.
.5(3) In the public hearing, any person may speak and submit documents regarding the disconnection proposal.
.5(4) Within 45 calendar days of the hearing, the municipal legislative body shall: determine whether to grant the request for disconnection; andif the municipality determines to grant the request, adopt an ordinance approving disconnection of the area from the municipality.
.5(5) A petition against the municipality challenging the municipal legislative body’s determination under Subsection (4) may be filed in district court by:the petitioner; orthe county in which the area proposed for disconnection is located.Each petition under Subsection (5)(a) shall include a copy of the request for disconnection.
Amended by Chapter 435, 2023 General Session
10-2-502.7 - Court action.
.7(1) After the filing of a petition under Section 10-2-502.5 and a response to the petition, the court shall, upon request of a party or upon its own motion, conduct a court hearing.
.7(2) At the hearing, the court shall hear evidence regarding the viability of the disconnection proposal.
.7(3) The burden of proof is on the petitioner to prove, by a preponderance of the evidence: the viability of the disconnection;that justice and equity require that the territory be disconnected from the municipality;that the proposed disconnection will not:leave the municipality with an area within its boundaries for which the cost, requirements, or other burdens of providing municipal services would materially increase over previous years;make it economically or practically unfeasible for the municipality to continue to function as a municipality; orleave or create one or more islands or peninsulas of unincorporated territory; andthat the county in which the area proposed for disconnection is located is capable, in a cost-effective manner and without materially increasing the county’s costs of providing municipal services, of providing to the area the services that the municipality will no longer provide to the area due to the disconnection.
.7(4) In determining whether the petitioner has met the petitioner’s burden of proof with respect to Subsections (3)(c)(i) and (ii), the court shall consider all relevant factors, including the effect of the proposed disconnection on: the municipality or community as a whole;adjoining property owners;existing or projected streets or public ways;water mains and water services;sewer mains and sewer services;law enforcement;zoning; andother municipal services.
.7(5) The court’s order either ordering or rejecting disconnection shall be in writing with findings and reasons.
Amended by Chapter 406, 2016 General Session
10-2-506 - Taxes to meet municipal obligations.
(1) If the court orders a disconnection of territory from a municipality, the court shall also order the county legislative body to levy taxes on the property within the disconnected territory that may be required to pay the territory’s proportionate share of the municipal obligations accrued while the territory was part of the municipality.
(2) Any tax levy ordered by the court under Subsection (1) shall be collected by the county treasurer in the same manner as though the disconnected territory were a municipality.
(3) The county treasurer shall pay to those entities named by the court the revenue received from that tax levy.
Amended by Chapter 132, 1996 General Session
10-2-507 - Disconnection ordinance or decree — Filing of notice and plat — Recording requirements — Effective date of disconnection — Costs of disconnection.
(1) As used in this section, “disconnection action” means: the municipal legislative body’s adoption of an ordinance under Subsection 10-2-502.5(4)(b) approving disconnection; orthe entry of a court order under Section 10-2-502.7 ordering disconnection.
(2) The municipal legislative body shall: within 30 days after the disconnection action, file with the lieutenant governor:a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); anda copy of an approved final local entity plat, as defined in Section 67-1a-6.5; andupon the lieutenant governor’s issuance of a certificate of disconnection under Section 67-1a-6.5:if the disconnected area is located within the boundary of a single county, submit to the recorder of that county: the original:notice of an impending boundary action;certificate of disconnection; andapproved final local entity plat; anda certified copy of the ordinance approving the disconnection or court order ordering disconnection; orif the disconnected area is located within the boundaries of more than a single county: submit to the recorder of one of those counties:the original of the documents listed in Subsections (2)(b)(i)(A)(I), (II), and (III); anda certified copy of the ordinance approving the disconnection or the court order ordering disconnection; andsubmit to the recorder of each other county:a certified copy of the documents listed in Subsections (2)(b)(i)(A)(I), (II), and (III); anda certified copy of the ordinance approving the disconnection or the court order ordering disconnection.
(3) The disconnection is effective upon the lieutenant governor’s issuance of a certificate of disconnection under Section 67-1a-6.5.
(4) The effective date of a disconnection for purposes of assessing property within the disconnected territory is governed by Section 59-2-305.5.Until the documents listed in Subsection (2)(b) are recorded in the office of the recorder of each county in which the property is located, a county in which the disconnected territory is located may not:except as provided in Section 10-2-506, levy or collect a property tax on property within the disconnected territory unless the county was levying and collecting the tax immediately before disconnection;levy or collect an assessment on property within the disconnected territory unless the county was levying and collecting the assessment immediately before disconnection; orcharge or collect a fee for service provided to property within the disconnected territory unless the county was charging and collecting the fee immediately before disconnection.
(5) Any cost incurred by the municipality in complying with this section may be charged against the disconnected territory.
Amended by Chapter 350, 2009 General Session
10-2-509 - Costs.
Each party to the court action for disconnection shall pay its own witnesses and the petitioner shall pay all other costs.
Amended by Chapter 406, 2016 General Session
10-2-510 - Boundary adjustment procedure not affected.
This part may not be construed to abrogate, modify, or replace the boundary adjustment procedure provided in Section 10-2-903 .
Amended by Chapter 399, 2025 General Session
Consolidation of Municipalities
10-2-601 - Consolidation of two or more municipalities — Certification of petition signatures — Removal of signature.
(1) The process for consolidating municipalities shall begin by filing with the county legislative bodies of the respective counties in which the municipalities are located: resolutions passed by the governing bodies of the municipalities which state their intention and desire to form a consolidated municipality; orpetitions signed by at least 10% of the registered voters in each of the municipalities to be included with the boundaries of the consolidated municipality.
(2) Within three business days after the day on which a county legislative body receives a petition under Subsection (1)(b), the county legislative body shall provide the petition to the county clerk.Within 14 days after the day on which a county clerk receives a petition from the county legislative body under Subsection (2)(a), the county clerk shall:use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (1)(b);certify on the petition whether each name is that of a registered voter in one of the municipalities to be included within the boundaries of the consolidated municipality; anddeliver the certified petition to the county legislative body.
(3) A voter who signs a petition under this section may have the voter’s signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the voter’s signature be removed.A statement described in Subsection (3)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual’s signature from a petition after receiving a timely, valid statement requesting removal of the signature.
Amended by Chapter 116, 2023 General Session
10-2-602 - Contents of resolution or petition.
(1) The resolution of the governing body or the petition of the electors shall include:a statement fully describing each of the areas to be included within the consolidated municipality;the name of the proposed consolidated municipality; andthe names of the municipalities to be consolidated.
(2) The resolution or petition shall state the population of each of the municipalities within the area of the proposed consolidated municipality and the total population of the proposed consolidated municipality.The population for each municipality under Subsection (2)(a) shall be derived from:the estimate of the Utah Population Committee created in Section 63C-20-103; orif the Utah Population Committee estimate is not available, the most recent official census or census estimate of the United States Bureau of the Census.
Amended by Chapter 400, 2025 General Session
10-2-603 - Plan of consolidation.
(1) The resolution for consolidation shall have attached a plan approved by the governing bodies, properly executed by the mayors and attested by the recorders setting forth the nature of the obligations, assets, and liabilities of the municipalities to be included within the proposed consolidated municipality.
(2) The plan shall include a list of every public utility or property on which any debt is owed or due, all or any part of which is payable from the revenues of the utility or property, or from taxes which have been levied and which are outstanding at the time the proposed consolidation is to become effective.
(3) The plan shall also specify the rights, duties, and obligations of the proposed consolidated municipality.
Amended by Chapter 354, 2025 General Session
10-2-604 - Duty of county legislative body when petition is by electors.
When the petition for consolidation is properly presented by the electors, the county legislative bodies and officers of each of the respective municipalities shall, within 15 days after the filing of the petition with the county legislative bodies, cause to be filed with the county legislative bodies a plan of consolidation containing the same information as is required in Section 10-2-603 .
Amended by Chapter 227, 1993 General Session
10-2-605 - Effect of plan of consolidation.
(1) The plan of consolidation shall be subordinate in all respects to the contract rights of all holders of any securities or obligations of the municipality outstanding at the effective date of the consolidation.
(2) The plan shall be available to the public for inspection and copying.
(3) The plan may extend for a period of up to 20 years, except that those provisions necessary for the protection of the holders of any securities or other obligations of any municipalities being consolidated shall extend for such longer time as may be necessary to ensure the payment of the securities and obligations.
(4) Any person may enforce the provisions and terms of the plan during the period in which the plan is effective.
(5) After the expiration of the period of the plan, the rights, duties and obligations stated in the plan shall be governed by the laws of the State of Utah and not by the plan.
(6) The plan shall be effective only if the consolidation is approved by the voters of the respective municipalities to be consolidated.
Amended by Chapter 354, 2025 General Session
10-2-606 - Public hearings.
(1) The governing body of each municipality in its plan for consolidation shall set a time and place for a public hearing or public hearings which shall be held at least 10 days after the plan of consolidation and the dates of the public hearing have been submitted to the county legislative bodies.
(2) The public hearing may be held jointly or separately by the governing bodies of each municipality to be consolidated.
(3) Any interested person may be heard on any aspect of the proposed consolidation.
(4) One or more certified copies of the plan of consolidation shall be available in the recorder’s office of each municipality at least five days prior to the hearing.
Amended by Chapter 354, 2025 General Session
10-2-607 - Notice of election.
If the county legislative bodies find that the resolution or petition for consolidation and their attachments substantially conform with the requirements of this part, the county legislative bodies shall, for at least four weeks before the day of the election, publish notice of the election for consolidation, as a class A notice under Section 63G-30-102 , for each municipality that would become part of the consolidated municipality.
Amended by Chapter 435, 2023 General Session
10-2-608 - Contents of notice.
The notice required in the preceding section shall contain a summary of:
(1) the contents of the resolutions or petitions for consolidation;
(2) the consolidation plan;
(3) where the resolutions or petitions and consolidation plan can be found;
(4) the time and place where public hearings on the question of consolidation will be held and shall state that any interested person may be heard on the question of consolidation and on the plan for consolidation;
(5) a description of the territory and the names of the municipalities which will be included within the proposed consolidated municipality which descriptions may be by any means which describe the territories involved;
(6) the time and place or places at which the election for consolidation shall be held; and
(7) the form of the ballot to be used in the election to determine the question of consolidation which shall read substantially as follows:______________________________________________________________________________Shall the municipality of ________YESbe consolidated with themunicipality (or municipalities) of ________NO______________________________________________________________________________The voters shall mark their ballots with a cross (x) opposite the words “yes” or “no.”
Enacted by Chapter 48, 1977 General Session
10-2-609 - Election on consolidation.
The election on consolidation shall be held as nearly as possible in the same manner as a general election.
Enacted by Chapter 48, 1977 General Session
10-2-610 - Canvass of election — Notice of results — Filing of notice and plat — Recording requirements.
(1) The legislative body of each county in which a proposed consolidating municipality is located shall canvass the results of the election or elections in the same manner as for general elections and shall certify the results of the election to the county clerk or clerks.
(2) If a majority of the ballots cast at the election on consolidation in each municipality are for consolidation, the county clerk or clerks shall immediately, on receiving notice of the results of the canvass under Subsection (1), give notice of the result by publication in the same manner and for the same time as provided in Section 10-2-608.
(3) The mayors of the municipalities to be consolidated shall: within 30 days after the canvass of an election at which voters approve consolidation, file with the lieutenant governor:a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); anda copy of an approved final local entity plat, as defined in Section 67-1a-6.5; andupon the lieutenant governor’s issuance of a certificate of consolidation under Section 67-1a-6.5:if the consolidated municipality is located within the boundary of a single county, submit to the recorder of that county the original: notice of an impending boundary action;certificate of consolidation; andapproved final local entity plat; orif the consolidated municipality is located within the boundaries of more than a single county, submit the original of the documents listed in Subsections (3)(b)(i)(A), (B), and (C) to the recorder of one of those counties and a certified copy of those documents to the recorder of each other county.
Amended by Chapter 350, 2009 General Session
10-2-611 - When consolidation effective — Disincorporation of original municipalities — Effective date for assessment purposes.
(1) Upon the lieutenant governor’s issuance of a certificate of consolidation under Section 67-1a-6.5: the consolidation is effective; andthe original municipalities involved in the consolidation are disincorporated.
(2) The effective date of a consolidation of municipalities for purposes of assessing property within the consolidated municipality is governed by Section 59-2-305.5.Until the documents listed in Subsection 10-2-610(3)(b) are recorded in the office of the recorder of each county in which the property is located, a consolidated municipality may not:levy or collect a property tax on property within the consolidated municipality;levy or collect an assessment on property within the consolidated municipality; orcharge or collect a fee for service provided to property within the consolidated municipality.
Amended by Chapter 350, 2009 General Session
10-2-612 - New municipality — Ownership of property — Indebtedness of original municipalities.
(1) Any consolidated municipality shall be deemed to be a continuation of the merged municipalities, except as herein expressly provided, and shall own all of the assets, property, records, seals, equipment, and be responsible for the liabilities of each and all of the municipalities dissolved by the consolidation.
(2) The new municipality shall require the inhabitants of an original municipality included in the consolidation, by special tax levy, to satisfy any indebtedness incurred by the original municipalities provided inhabitants residing in other parts of the consolidated municipality did not or do not benefit by the revenue or services obtained by the expenditures causing the indebtedness.
(3) The governing body of the consolidated municipality shall be subject to the terms of the consolidation plan.
Amended by Chapter 354, 2025 General Session
10-2-613 - Governing body until next election.
(1) Until the next regular municipal election, the elected officials of the municipalities consolidated into the consolidated municipality shall constitute the governing body of the municipality.
(2) The governing body shall elect one of their members to serve as mayor of the municipality and may appoint such other officers as deemed necessary to carry out the business of the municipality.
Amended by Chapter 354, 2025 General Session
10-2-614 - Ordinances, resolutions, and orders.
(1) All ordinances, resolutions and orders, in force in any of the municipalities when it is consolidated, shall remain in full force and effect within the respective areas of the municipalities which existed prior to consolidation insofar as the ordinances, resolutions and orders are not repugnant to law, until repealed or amended, but may not in any case exceed three years.
(2) The governing body of the new municipality shall as soon as possible adopt new ordinances, resolutions and orders for the uniform governance of the new municipality.
Amended by Chapter 354, 2025 General Session
Dissolution of Municipalities
10-2-701 - Petition for disincorporation — Validity — Certification of petition signatures — Removal of signature — District court order for election.
(1) Disincorporation of a municipality shall be initiated upon petition.
(2) The petition shall bear signatures equal in number to 25% of all votes cast from the municipality at the last congressional election.
(3) No signature is valid, for purposes of this section, unless it is that of a registered voter who is a resident of the municipality proposed for disincorporation.
(4) The petition containing the specified number of signatures shall be filed with the county clerk for validation by that officer.
(5) Within 21 days after the day on which the county clerk receives a petition, the county clerk shall: use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (2); andcertify on the petition whether each name is that of a registered voter from the municipality.
(6) A voter who signs a petition under this section may have the voter’s signature removed from the petition by, no later than three business days after the day on which the petition is filed with the county clerk, submitting to the county clerk a statement requesting that the voter’s signature be removed.A statement described in Subsection (6)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual’s signature from a petition after receiving a timely, valid statement requesting removal of the signature.
(7) If the county clerk finds the petition valid, the clerk shall file the original with the district court and furnish a copy to the governing body of the municipality.
(8) The district court, upon determining that the petition comports with Section 10-2-701.5 and that it does not offend Section 10-2-710 and is otherwise complete, shall order that the question of dissolution be placed before the voters of the municipality.
Amended by Chapter 116, 2023 General Session
10-2-701.5 - Form of petition.
A petition for municipal disincorporation shall substantially comply with, and be circulated in, the following form: PETITION FOR MUNICIPAL DISINCORPORATION To the Honorable District Court of ____ County, Utah: We, the undersigned citizens and legal voters of the State of Utah, and residents of ____ City, Utah, respectfully petition the Court to submit a proposal to disincorporate ____ City, Utah, to the legal voters resident within said city for their approval or rejection at a special election ordered held by the court for that purpose; and each signator for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Utah; I am a resident of ____ City, Utah, and my residence and post office address are correctly written after my name.
Enacted by Chapter 55, 1981 General Session
10-2-702 - District court to examine petition — Set date for election.
If the court determines that the petition is complete, the court shall set a date for the election to determine the question of dissolution which date shall be at least 60 but not more than 90 days after the petition is filed with the court.
Amended by Chapter 55, 1981 General Session
10-2-703 - Providing notice of election.
(1) Immediately after setting the date for the election, the court shall order for notice to be provided of the: petition; anddate the election is to be held to determine the question of dissolution.
(2) The notice described in Subsection (1) shall be provided for the municipality, as a class A notice under Section 63G-30-102, for at least one month before the day of the election.
Amended by Chapter 435, 2023 General Session
10-2-704 - Form of ballot.
The form of the ballot used to vote on the issue of dissolution shall be separate from any other ballot and shall read substantially as follows: ______________________________________________________________________________ Shall the municipality of Yes(insert name) be dissolved?No____________________________________________________________ The voters shall mark their ballots with a cross (x) opposite the word “yes” or “no”.
Enacted by Chapter 48, 1977 General Session
10-2-705 - Judgment — Determination of claims.
(1) The vote shall be taken and canvassed in the same manner as in other municipal elections, and return thereof made to the district court.
(2) If the district court finds that a majority of the votes cast favored dissolution, a judgment shall be entered approving the dissolution of the municipality and, upon dissolution, the corporate powers of such municipality shall cease, and the court shall cause notice to be given in a manner to be prescribed by it, requiring all claims against the municipality to be filed in the court within a time fixed in the notice, not exceeding six months, and all claims not so filed shall be forever barred.
(3) At the expiration of the time so fixed the court shall adjudicate claims so filed, which shall be treated as denied, and any citizen of the municipality at the time the vote was taken may appear and defend against any claim so filed, or the court may in its discretion appoint some person for that purpose.
Amended by Chapter 354, 2025 General Session
10-2-706 - Taxes to meet municipal obligations.
(1) The court shall have power to wind down the affairs of the municipality, to dispose of its property as provided by law, and to make provisions for the payment of all indebtedness thereof and for the performance of its contracts and obligations, and shall order such taxes levied from time to time as may be requisite therefore, which the county legislative body shall levy against the property within the municipality.
(2) The taxes shall be collected by the county treasurer in the manner for collecting other property taxes and shall be paid out under the orders of the court, and the surplus, if any, shall be paid into the school fund for the district in which the taxes were levied.
(3) All municipal property remaining after the winding down of the affairs of the municipality, shall be transferred to the board of education of such school district, which board hereby is empowered to enforce all claims for the same and to have the use of all property so vesting.
Amended by Chapter 354, 2025 General Session
10-2-707 - Disposition of records.
(1) The books, documents, records, papers, and seal of any dissolved municipality shall be deposited with the county clerk for safekeeping and reference.
(2) All court records of justice court judges shall be deposited with a justice court judge of the county to be designated by the court, and other records with the district court.
(3) The courts respectively have authority to execute and complete all unfinished business standing on the same.
Amended by Chapter 354, 2025 General Session
10-2-708 - Notice of disincorporation.
When a municipality has been dissolved, the clerk of the court shall provide notice of the dissolution for the county, as a class B notice under Section 63G-30-102 , for at least four weeks.
Amended by Chapter 435, 2023 General Session
10-2-709 - Expenses of election.
The expenses of the election, of winding down the affairs and of dissolving the municipality, shall be the obligation of the municipality and shall be paid by it.
Enacted by Chapter 48, 1977 General Session
10-2-710 - Limitation on jurisdiction of court to consider disincorporation petition.
A court may not consider a petition seeking disincorporation of a municipality or to order an election based upon the submission of such a petition if:
(1) the disincorporation petition is filed with the court less than two years after the official date of incorporation of the municipality which the petition seeks to dissolve; or
(2) the disincorporation petition is filed with the court less than two years after the date of an election held to decide the question of dissolution of the municipality which the petition seeks to dissolve.
Amended by Chapter 158, 2024 General Session
10-2-711 - Dissolution by the county legislative body.
(1) A municipality having fewer than 50 residents may be dissolved on application to the district court by the county legislative body of the county where the municipality is located.The population for each municipality under Subsection (1)(a) shall be derived from:the estimate of the Utah Population Committee created in Section 63C-20-103; orif the Utah Population Committee estimate is not available, the most recent official census or census estimate of the United States Bureau of the Census.
(2) Notice of the application shall be served on the municipality in the manner prescribed by law or by publication in the manner provided by law if the municipal authorities cannot be served.
(3) The district court may enter an order approving the dissolution of the municipality on a finding that the existence of the municipality serves no valid municipal purpose, its existence is a sham, or on a clear and convincing showing that the best interests of the community would be served by the dissolution.
(4) If the municipality is dissolved, the district court shall wind down the affairs and dissolve the municipality as quickly as possible in the same manner as is provided in Part 7, Dissolution of Municipalities.
Amended by Chapter 400, 2025 General Session
10-2-712 - Power of court — Articles of dissolution — Notice to lieutenant governor — Recording requirements — Effective date of dissolution.
(1) The district court may: enforce compliance with any order issued to give effect to this part by proceedings for contempt; andappoint any person to assist it in carrying out the provisions of this part.
(2) Upon entering an order approving the dissolution of a municipality, the district court shall file with the lieutenant governor:a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); anda certified copy of the court order approving the dissolution.Upon the lieutenant governor’s issuance of a certificate of dissolution under Section 67-1a-6.5:the municipality is dissolved; andthe court shall: if the dissolved municipality was located within the boundary of a single county, submit to the recorder of that county:a certified copy of the court order approving dissolution of the municipality; andthe original certificate of dissolution; orif the dissolved municipality was located within the boundaries of more than a single county: submit to the recorder of one of those counties: a certified copy of the court order approving dissolution of the municipality; andthe original certificate of dissolution; andsubmit to the recorder of each other county: a certified copy of the court order approving dissolution of the municipality; anda certified copy of the certificate of dissolution.
(3) The effective date of a dissolution of a municipality for purposes of assessing property within the dissolved municipality is governed by Section 59-2-305.5.Until the documents listed in Subsection (2)(b)(ii) are recorded in the office of the recorder of each county in which the property is located, a county in which a dissolved municipality is located may not:levy or collect a property tax on property within the former boundary of the dissolved municipality unless the county was levying and collecting the tax immediately before dissolution;levy or collect an assessment on property within the former boundary of the dissolved municipality unless the county was levying and collecting the assessment immediately before dissolution; orcharge or collect a fee for service provided to property within the former boundary of the dissolved municipality unless the county was levying and collecting the fee immediately before dissolution.
Amended by Chapter 350, 2009 General Session
Annexation
10-2-801 - Definitions.
(1) “Affected area” means an annexed area or area proposed for annexation.
(2) “Affected entity” means:a county of the first or second class in whose unincorporated area the area proposed for annexation is located;a county of the third, fourth, fifth, or sixth class in whose unincorporated area the area proposed for annexation is located, if the area includes residents or commercial or industrial development;a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, whose boundary includes any part of an area proposed for annexation;a school district whose boundary includes any part of an area proposed for annexation, if the boundary is proposed to be adjusted as a result of the annexation; anda municipality whose boundaries are within 1/2 mile of an area proposed for annexation.
(3) “Annexation action” means:the enactment of an ordinance annexing an unincorporated area;the enactment of an ordinance approving a boundary adjustment by each of the municipalities involved in the boundary adjustment; oran automatic annexation that occurs on July 1, 2027, under Subsection 10-2-814(2)(b).
(4) “Annexation petition” means a petition under Section 10-2-806 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality.
(5) “Annexing municipality” means:the municipality that annexes an unincorporated area; orthe municipality to which an unincorporated island is automatically annexed under Section 10-2-814.
(6) “Applicable legislative body” means:the legislative body of each municipality that enacts an ordinance under this part approving the annexation of an unincorporated area or the adjustment of a boundary; orthe legislative body of a municipality to which an unincorporated island is automatically annexed under Section 10-2-814.
(7) “Expansion area” means the unincorporated area that is identified in an annexation policy plan under Section 10-2-803 as the area that the municipality anticipates annexing in the future.
(8) “Feasibility consultant” means a person or firm with expertise in the processes and economics of local government.
(9) “Mining protection area” means the same as that term is defined in Section 17-41-101.
(10) “Municipal records officer” means a:city recorder; ortown clerk.
(11) “Municipal selection committee” means a committee in each county composed of the mayor of each municipality within that county.
(12) “Owner of real property” means:the record title owner according to the records of the county recorder on the date of the filing of the petition or protest; orthe lessee of military land, as defined in Section 63H-1-102, if the area proposed for annexation includes military land that is within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act.
(13) “Private,” with respect to real property, means not owned by: the United States or any agency of the federal government;the state;a county;a municipality;a school district;a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts;a special service district under Title 17D, Chapter 1, Special Service District Act; orany other political subdivision or governmental entity of the state.
(14) “Rural real property” means a group of contiguous tax parcels, or a single tax parcel, that:are under common ownership;consist of no less than 1,000 total acres;are zoned for manufacturing or agricultural purposes; anddo not have a residential unit density greater than one unit per acre.”Rural real property” includes any portion of private real property, if the private real property:qualifies as rural real property under Subsection (14)(a); andconsists of more than 1,500 total acres.
(15) “Specified county” means a county of the second, third, fourth, fifth, or sixth class.
(16) “Unincorporated peninsula” means an unincorporated area:that is part of a larger unincorporated area;that extends from the rest of the unincorporated area of which it is a part;that is surrounded by land that is within a municipality, except where the area connects to and extends from the rest of the unincorporated area of which it is a part; andwhose width, at any point where a straight line may be drawn from a place where it borders a municipality to another place where it borders a municipality, is no more than 25% of the boundary of the area where it borders a municipality.
(17) “Urban development” means:a housing development with more than 15 residential units and an average density greater than one residential unit per acre; ora commercial or industrial development for which cost projections exceed $750,000 for all phases.
Renumbered and Amended by Chapter 399, 2025 General Session
10-2-802 - Valuation of private real property — Determining consent to petition or protest by owners of real property.
(1) For purposes of this part and Part 9, Municipal Boundary Adjustments, the value of private real property shall be determined according to the last assessment roll for county taxes before the filing of the petition or protest.
(2) For purposes of each provision of this part and Part 9, Municipal Boundary Adjustments, that require an owner of private real property covering a percentage or majority of the total private land area within an area to sign a petition or protest:a parcel of real property may not be included in the calculation of the required percentage or majority unless the petition or protest is signed by:except as provided in Subsection 10-Ch10_2|(2)(a)], owners of real property representing a majority ownership interest in that parcel; orif the parcel is owned by joint tenants or tenants in the entirety, 50% of the number of owners of real property within that parcel; andsubject to Subsection (2)(b), a duly appointed personal representative may sign a petition or protest on behalf of a deceased owner of real property.
Enacted by Chapter 399, 2025 General Session
10-2-803 - Annexation policy plan.
(1) Except as provided in Subsection (9), before a municipality may annex an unincorporated area:the municipality’s planning commission shall prepare and recommend to the legislative body an annexation policy plan, as described in Subsections (2) through (4); anda municipal legislative body shall adopt a recommended annexation policy plan, as described in Subsection (6).
(2) Each proposed annexation policy plan shall include:a map of the expansion area which may include territory located outside the county in which the municipality is located;a statement of the specific criteria that will guide the municipality’s decision whether or not to grant future annexation petitions, addressing matters relevant to those criteria including:the character of the community;the need for municipal services in developed and undeveloped unincorporated areas;the municipality’s plans for extension of municipal services;how the services will be financed;an estimate of the tax consequences to residents both currently within the municipal boundaries and in the expansion area; andthe interests of all affected entities; andjustification for excluding from the expansion area any area containing urban development within 1/2 mile of the municipality’s boundary; andIn addition to the requirements described in Subsection (2)(a), a recommended annexation policy plan shall also include a statement addressing any comments made by affected entities at or within 10 days after the public meeting described in Subsection (4)(d).
(3) In preparing a proposed annexation policy plan, the planning commission shall:attempt to avoid gaps between or overlaps with the expansion areas of other municipalities;consider population growth projections for the municipality and adjoining areas for the next 20 years;consider current and projected costs of infrastructure, urban services, and public facilities necessary:to facilitate full development of the area within the municipality; andto expand the infrastructure, services, and facilities into the area being considered for inclusion in the expansion area;consider, in conjunction with the municipality’s general plan, the need over the next 20 years for additional land suitable for residential, commercial, and industrial development;consider the reasons for including agricultural lands, forests, recreational areas, and wildlife management areas in the municipality; andbe guided by the principles set forth in Subsection 10-2-806(5).
(4) Before presenting a recommended annexation policy plan to a municipal legislative body, the planning commission shall:prepare a proposed annexation policy plan, as described in Subsections (2)(a) and (3);hold a public meeting to allow affected entities to examine the proposed annexation policy plan and to provide comments on the proposed annexation policy plan;provide notice of the public meeting under Subsection (4)(b):as a class A notice, as described in Section 63G-30-102; andto each affected entity at least 14 days before the day of the meeting;accept and consider any additional written comments from affected entities for 10 days following the public meeting under Subsection (4)(b);if the planning commission receives comments from affected entities under Subsection 10-Ch10_2|(4)] or written comments under (4)(d):if appropriate, make modifications to the proposed annexation policy plan; andmodify the proposed annexation policy plan to include the statement required by Subsection (2)(b);hold a public hearing on the proposed annexation policy plan, including any new modifications to the proposed annexation policy plan under Subsection (4)(e);provide notice of the public hearing described in Subsection (4)(f):as class A notice, as described in Section 63G-30-102; andto each affected entity at least 14 days before the day of the hearing;make any final modifications to the proposed annexation policy plan, as appropriate, based on public input provided at the public hearing; andsubmit the planning commission’s recommended annexation policy plan to the municipal legislative body.
(5) A municipal legislative body may reject a recommended annexation plan or adopt a recommended annexation plan as described in Subsection (6).
(6) To adopt a recommended annexation plan, a municipal body shall:hold a public hearing on the annexation policy plan recommended by the planning commission;provide notice of the public hearing described in Subsection (6)(a):as class A notice, as described in Section 63G-30-102; andto each affected entity at least 14 days before the day of the hearing;after the public hearing, make modifications to the recommended annexation policy plan, as appropriate; andadopt the recommended annexation policy plan, with or without modifications.
(7) Within 30 days after adopting a recommended or modified annexation policy plan, the municipal legislative body shall submit a copy of the adopted annexation policy plan to the legislative body of each county in which any of the municipality’s expansion area is located.
(8) Nothing in this chapter may be construed to prohibit or restrict two or more municipalities from negotiating and cooperating with respect to defining each municipality’s expansion area under an annexation policy plan.
(9) This section does not apply to a municipality engaged in an automatic annexation under Section 10-2-814.A municipality is not required to comply with the provisions of this section for an annexation petition that is pending on May 7, 2025.
Renumbered and Amended by Chapter 399, 2025 General Session
10-2-804 - Annexation — Limitations.
(1) A contiguous, unincorporated area that is contiguous to a municipality may be annexed to the municipality as provided in this part.
(2) Except as provided in Subsection (3), a municipality may not annex an unincorporated area unless:the unincorporated area is a contiguous area;the unincorporated area is contiguous to the municipality;annexation will not leave or create an unincorporated island or unincorporated peninsula:except as provided in Subsection 10-2-812(2);except where an unincorporated island or peninsula existed before the annexation, if the annexation will reduce the size of the unincorporated island or peninsula; orunless the county and municipality have otherwise agreed; andthe area is within the proposed annexing municipality’s expansion area, as specified in an annexation policy plan adopted as described in Section 10-2-803.
(3) A municipality may annex an unincorporated area within a specified county that does not meet the requirements of Subsection (2), leaving or creating an unincorporated island or unincorporated peninsula, if:the area is within the annexing municipality’s expansion area;the county in which the area is located and the annexing municipality agree to the annexation;the area is not within the area of another municipality’s annexation policy plan, unless the other municipality agrees to the annexation; andthe annexation is for the purpose of providing municipal services to the area.
(4) Except as provided in Section 10-2-812, a municipality may not annex an unincorporated area unless a petition under Section 10-2-806 is filed requesting annexation.
(5) An annexation under this part may not include part of a parcel of real property and exclude part of that same parcel unless the owner of that parcel has signed the annexation petition under Section 10-2-806.A piece of real property that has more than one parcel number is considered to be a single parcel for purposes of Subsection (5)(a) if owned by the same owner.
(6) A municipality may not annex an unincorporated area for the sole purpose of acquiring municipal revenue or to hinder the capacity of another municipality to annex the same or a related area unless the annexing municipality has the ability and intent to benefit the annexed area by providing municipal services to the annexed area.
(7) As used in this Subsection (7), “airport” means an area that the Federal Aviation Administration has, by a record of decision, approved for the construction or operation of a Class I, II, or III commercial service airport, as designated by the Federal Aviation Administration in 14 C.F.R. Part 139.A municipality may not annex an unincorporated area within 5,000 feet of the center line of any runway of an airport operated or to be constructed and operated by another municipality unless the legislative body of the other municipality adopts a resolution consenting to the annexation.A municipality that operates or intends to construct and operate an airport and does not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b) may not deny an annexation petition proposing the annexation of that same area to that municipality.
(8) As used in this Subsection (8): “Authority” means the same as that term is defined in Section 63H-1-102.”Project area” means the same as that term is defined in Section 63H-1-102.A municipality may not annex an unincorporated area located within a project area without the authority’s approval.The authority may petition for annexation of the following areas to a municipality as if the authority was the sole private property owner within the area:an area within a project area;an area that is contiguous to a project area and within the boundaries of a military installation;an area owned by the authority; andan area that is contiguous to an area owned by the authority that the authority plans to add to an existing project area.
(9) Except as provided in Subsection (9)(b), a municipality may not annex an unincorporated area if:the unincorporated area is proposed for incorporation in:a feasibility study conducted under Section 10-2a-205; ora supplemental feasibility study conducted under Section 10-2a-206; andthe county clerk completes the second public hearing on the proposed incorporation under Subsection 10-2a-207(4).If an unincorporated area proposed for incorporation, as described in Subsection (9)(a)(i), does not incorporate within three years from the day on which the county clerk completes the second public hearing on the proposed municipality, a municipality may annex the unincorporated area.
Renumbered and Amended by Chapter 399, 2025 General Session
10-2-805 - Cross-county annexation — Requirements.
(1) As used in this section:“Affected county” means the county in which an area proposed for cross-county annexation is located.”Affected municipality” means a municipality:located in an affected county; andwhose expansion area includes the area proposed for cross-county annexation.”Applicant” means a person intending to file an annexation petition proposing a cross-county annexation.”Cross-county annexation” means the annexation of an area located in a county that is not the county in which the proposed annexing municipality is located.”Specified public utility” means the same as that term is defined in Section 10-20-102.
(2) An applicant may not file a petition under Section 10-2-806 that proposes a cross-county annexation unless:the applicant sends a written notice of intent to file a petition proposing a cross-county annexation to the legislative body of each affected municipality describing:the area proposed for cross-county annexation; andthe proposed annexing municipality;the proposed annexing municipality adopts or amends the municipality’s annexation policy plan under Section 10-2-803 to include the area proposed for cross-county annexation within the proposed annexing municipality’s expansion area;the applicant files a request to approve the proposed cross-county annexation with the legislative body of the affected county:no sooner than 90 days after the day on which the applicant sends the written notice described in Subsection (2)(a) to each affected municipality; andno later than 180 days after the day on which the applicant sends the written notice described in Subsection (2)(a) to each affected municipality;a feasibility consultant conducts a feasibility study in accordance with Subsection (3), unless the feasibility study is waived under Subsection (3)(b); andthe legislative body of the affected county:holds a public hearing in accordance with Subsection (4); andadopts the resolution described in Subsection (4)(a)(iii)(A).
(3) Within 60 days after the day on which a legislative body of an affected county receives the request described in Subsection (2)(c), or within a time period longer than 60 days if agreed to by the legislative body of the affected county and the applicant, the legislative body of the affected county and the applicant shall jointly select and engage a feasibility consultant to:conduct a feasibility study on the proposed cross-county annexation; andsubmit written results of the feasibility study to the legislative body of the affected county and the applicant no later than 90 days after the day on which the feasibility consultant is engaged to conduct the feasibility study.The legislative body of the affected county may waive the requirement for a feasibility study under Subsection (3)(a).The feasibility study under Subsection (3)(a) shall determine:whether the proposed cross-county annexation eliminates, leaves, or creates an unincorporated island or unincorporated peninsula;the fiscal impact of the proposed cross-county annexation on:the affected county;affected municipalities;specified public utilities that serve the area proposed for cross-county annexation; andaffected entities;the estimated cost that the proposed annexing municipality would incur to provide governmental services in the area proposed for cross-county annexation during the current fiscal year;the estimated revenue that the proposed annexing municipality would receive from the area proposed for cross-county annexation during the current fiscal year; andeach entity that has provided municipal-type services in the area proposed for cross-county annexation;the methods under which each entity described in Subsection (3)(c)(v)(A) has provided municipal-type services in the area proposed for cross-county annexation; andthe feasibility of the proposed annexing municipality providing municipal-type services in the area proposed for cross-county annexation.For purposes of Subsection (3)(c)(iv), the feasibility consultant shall assume that the ad valorem property tax rate on property within the area proposed for cross-county annexation is the same property tax rate that the proposed annexing municipality currently imposes on property within the municipality.The applicant and the affected county shall share equally the feasibility consultant fees and expenses.
(4) A legislative body of an affected county shall hold, within 30 days after the day on which the legislative body receives the written results of the feasibility study under Subsection (3)(a) or waives the requirement for a feasibility study under Subsection (3)(b), a public hearing to:determine whether the requirements described in Subsections (2)(a) and (b) have been met;consider the results of the feasibility study under Subsection (3)(a), unless the feasibility study is waived under Subsection (3)(b); andadopt a resolution approving the proposed cross-county annexation; oradopt a resolution rejecting the proposed cross-county annexation.The legislative body of the affected county shall send, at least 15 days before the day on which the public hearing described in Subsection (4)(a) occurs, written notice of the public hearing to:the applicant;each residence within, and to each owner of real property located within:the area proposed for cross-county annexation; and300 feet of the area proposed for cross-county annexation;the legislative body of:the proposed annexing municipality; andthe county in which the proposed annexing municipality is located;each specified public utility that serves the area proposed for cross-county annexation;each affected municipality; andeach affected entity.At the public hearing described in Subsection (4)(a), the legislative body of the affected county shall allow the individuals present to speak to the proposed cross-county annexation.A legislative body of an affected county may not adopt a resolution rejecting a proposed cross-county annexation under this section unless the legislative body determines that:the requirements described in Subsections (2)(a) and (b) have not been met; orthe results of the feasibility study under Subsection (3)(a) show that:the proposed cross-county annexation would impose a substantial burden on the affected county;the estimated revenue under Subsection (3)(c)(iv) exceeds the estimated cost to provide governmental services under Subsection (3)(c)(iii) by more than 5%; orit would not be feasible for the proposed annexing municipality to provide municipal-type services in the area proposed for cross-county annexation.A legislative body of an affected county that adopts a resolution rejecting a proposed cross-county annexation under this section shall provide to the applicant a written explanation of the legislative body’s decision.A legislative body of an affected county may adopt a resolution approving a proposed cross-county annexation under this section regardless of the results of a feasibility study under Subsection (3)(a).
(5) A party adversely affected by a legislative body of an affected county’s decision under Subsection (4)(a) may, within 30 days after the day on which the legislative body adopts a resolution approving or rejecting a cross-county annexation, file a petition for review of the decision in the district court with jurisdiction in the affected county.The district court shall defer to the legislative body of the affected county’s decision under Subsection (4)(a) unless the court determines that the decision is arbitrary, capricious, or unlawful.
(6) Section 10-2-812 does not apply to a cross-county annexation unless consented to by all affected counties.
Amended by Chapter 16, 2025 Special Session 1
10-2-806 - Annexation petition — Requirements — Notice required before filing.
(1) Except as provided in Section 10-2-812 and except for an automatic annexation under Section 10-2-814, the process to annex an unincorporated area to a municipality is initiated by a petition as provided in this section.
(2) Before filing a petition under Subsection (1), the person intending to file a petition shall:file with the municipal records officer of the proposed annexing municipality a notice of intent to file a petition; andsend a copy of the notice of intent to file a petition to each affected entity.Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the area that is proposed to be annexed.Subject to Subsection (2)(b)(ii), the county in which the area proposed to be annexed is located shall:mail the notice described in Subsection (2)(b)(iii) to:each owner of real property located within the area proposed to be annexed; andeach owner of real property located within 300 feet of the area proposed to be annexed; andsend to the proposed annexing municipality a copy of the notice and a certificate indicating that the notice has been mailed as required under Subsection (2)(b)(i)(A).The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20 days after receiving from the person who filed the notice of intent:a written request to mail the required notice; andpayment of an amount equal to the county’s expected actual cost of mailing the notice.Each notice required under Subsection (2)(b)(i)(A) shall:be in writing;state, in bold and conspicuous terms, substantially the following:“Attention: Your property may be affected by a proposed annexation.Records show that you own property within an area that is intended to be included in a proposed annexation to (state the name of the proposed annexing municipality) or that is within 300 feet of that area. If your property is within the area proposed for annexation, you may be asked to sign a petition supporting the annexation. You may choose whether to sign the petition. By signing the petition, you indicate your support of the proposed annexation. If you sign the petition but later change your mind about supporting the annexation, you may withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk of (state the name of the proposed annexing municipality) within 30 days after (state the name of the proposed annexing municipality) receives notice that the petition has been certified.There will be no public election on the proposed annexation because Utah law does not provide for an annexation to be approved by voters at a public election. Signing or not signing the annexation petition is the method under Utah law for the owners of property within the area proposed for annexation to demonstrate their support of or opposition to the proposed annexation.You may obtain more information on the proposed annexation by contacting (state the name, mailing address, telephone number, and email address of the official or employee of the proposed annexing municipality designated to respond to questions about the proposed annexation), (state the name, mailing address, telephone number, and email address of the county official or employee designated to respond to questions about the proposed annexation), or (state the name, mailing address, telephone number, and email address of the person who filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the notice of intent, one of those persons). Once filed, the annexation petition will be available for inspection and copying at the office of (state the name of the proposed annexing municipality) located at (state the address of the municipal offices of the proposed annexing municipality).”; andbe accompanied by an accurate map identifying the area proposed for annexation.A county may not mail with the notice required under Subsection (2)(b)(i)(A) any other information or materials related or unrelated to the proposed annexation.After receiving the certificate from the county as provided in Subsection (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person who filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation petition for the annexation proposed in the notice of intent.An annexation petition provided by the proposed annexing municipality may be duplicated for circulation for signatures.
(3) Each petition under Subsection (1) shall:be filed with the municipal records officer of the proposed annexing municipality;contain the signatures of, if all the real property within the area proposed for annexation is owned by a public entity other than the federal government, the owners of all the publicly owned real property, or the owners of private real property that:is located within the area proposed for annexation;subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area within the area proposed for annexation;covers 100% of all of the rural real property within the area proposed for annexation; andcovers 100% of all of the private land area within the area proposed for annexation if the area is within a migratory bird production area created under Title 23A, Chapter 13, Migratory Bird Production Area; andis equal in value to at least 1/3 of the value of all private real property within the area proposed for annexation;be accompanied by:an accurate and recordable map, prepared by a licensed surveyor in accordance with Section 17-73-507, of the area proposed for annexation; anda copy of the notice sent to affected entities as required under Subsection (2)(a)(i)(B) and a list of the affected entities to which notice was sent;contain on each signature page a notice in bold and conspicuous terms that states substantially the following:“Notice: There will be no public election on the annexation proposed by this petition because Utah law does not provide for an annexation to be approved by voters at a public election. If you sign this petition and later decide that you do not support the petition, you may withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk of (state the name of the proposed annexing municipality). If you choose to withdraw your signature, you shall do so no later than 30 days after (state the name of the proposed annexing municipality) receives notice that the petition has been certified.”;if the petition proposes a cross-county annexation, as defined in Section 10-2-805, be accompanied by a copy of the resolution described in Subsection 10-2-805(4)(a)(iii)(A); anddesignate up to five of the signers of the petition as sponsors, one of whom shall be designated as the contact sponsor, and indicate the mailing address of each sponsor.
(4) A petition under Subsection (1) may not propose the annexation of all or part of an area proposed for annexation to a municipality in a previously filed petition that has not been denied, rejected, or granted.
(5) If practicable and feasible, the boundaries of an area proposed for annexation shall be drawn:along the boundaries of existing special districts and special service districts for sewer, water, and other services, along the boundaries of school districts whose boundaries follow city boundaries or school districts adjacent to school districts whose boundaries follow city boundaries, and along the boundaries of other taxing entities;to eliminate islands and peninsulas of territory that is not receiving municipal-type services;to facilitate the consolidation of overlapping functions of local government;to promote the efficient delivery of services; andto encourage the equitable distribution of community resources and obligations.
(6) On the date of filing, the petition contact sponsor shall deliver or mail a copy of the petition to the county clerk of the county in which the area proposed for annexation is located.
(7) A property owner who signs an annexation petition may withdraw the owner’s signature by filing a written withdrawal, signed by the property owner, with the municipal records officer no later than 30 days after the municipal legislative body’s receipt of the notice of certification under Subsection 10-2-807(2)(c)(i).
Amended by Chapter 16, 2025 Special Session 1
10-2-807 - Acceptance or denial of an annexation petition — Petition certification process — Modified petition.
(1) A municipal legislative body may:subject to Subsection (1)(a)(ii), deny a petition filed under Section 10-2-806; oraccept the petition for further consideration under this part.A petition shall be considered to have been accepted for further consideration under this part if a municipal legislative body fails to deny or accept the petition under Subsection (1)(a)(i):in the case of a city of the first or second class, within 14 days after the petition is filed; orin the case of a city of the third, fourth, or fifth class or a town, at the next regularly scheduled meeting of the municipal legislative body that is at least 14 days after the date the petition was filed.If a municipal legislative body denies a petition under Subsection (1)(a)(i), it shall, within five days after the denial, mail written notice of the denial to:the contact sponsor; andthe county clerk of the county in which the area proposed for annexation is located.
(2) If the municipal legislative body accepts a petition under Subsection (1)(a)(i)(B) or is considered to have accepted the petition under Subsection (1)(a)(ii), the municipal records officer shall, within 30 days after the day of acceptance:obtain from the assessor, clerk, surveyor, and recorder of the county in which the area proposed for annexation is located the records the municipal records officer needs to determine whether the petition meets the requirements of Subsections 10-2-806(3) and (4);with the assistance of the municipal attorney, determine whether the petition meets the requirements of Subsections 10-2-806(3) and (4); andif the municipal records officer determines that the petition meets the requirements described in Subsection 10-Ch10_2|(2)], certify the petition and mail or deliver written notification to: the municipal legislative body;the contact sponsor; andthe county legislative body; orif the municipal records officer determines that the petition fails to meet a requirement described in Subsection (2)(b), reject the petition and mail or deliver written notification of the rejection and the reasons for the rejection to: the municipal legislative body;the contact sponsor; andthe county legislative body.
(3) The day the municipal records officer mails or delivers written notification of the certification, as described in Subsection (2)(c)(i), is the day of certification.
(4) If the municipal records officer rejects a petition under Subsection (2)(c)(ii), the petition sponsor may modify the petition to correct the deficiencies for which it was rejected and refile the petition with the municipal records officer.A signature on an annexation petition filed under Section 10-2-806 may be used toward fulfilling the signature requirement of Subsection 10-2-806(2)(b) for the petition as modified under Subsection (4)(a)(i).If a petition is refiled under Subsection (4)(a) after having been rejected by the municipal records officer under Subsection (2)(c)(ii), the refiled petition shall be treated as a newly filed petition under Subsection 10-2-806(1).
(5) Any vote by a municipal legislative body to deny a petition under this part may be recalled and set for reconsideration by a majority of the voting members of the municipal legislative body.
(6) Each county assessor, clerk, surveyor, and recorder shall provide copies of records that a municipal records officer requests under Subsection (2)(a).
Renumbered and Amended by Chapter 399, 2025 General Session
10-2-808 - Notice of certification — Providing notice of petition.
(1) After the day of certification as described in Subsection 10-2-807(3) and within the time described in Subsection (1)(b), the municipal legislative body shall provide notice:for the area proposed for annexation and any unincorporated area within 1/2 mile of the area proposed for annexation, as a class B notice under Section 63G-30-102; andby mailing written notice to each affected entity.The municipal legislative body shall provide the notice:described in Subsection (1)(a)(i) no later than 10 days after the day of certification; anddescribed in Subsection (1)(a)(ii) no later than 20 days after the day of certification.
(2) The notice described in Subsection (1) shall:state that a petition has been filed with the municipality proposing the annexation of an area to the municipality;state the day of certification;describe the area proposed for annexation in the annexation petition;state that the complete annexation petition is available for inspection and copying at the office of the municipal records officer;state in conspicuous and plain terms that the municipality may grant the petition and annex the area described in the petition unless, no later than 30 days after the day of certification:a written protest to the annexation petition is filed with the boundary commission; anda copy of the written protest is delivered to the municipal records officer of the proposed annexing municipality;state the address of the boundary commission where a protest to the annexation petition may be filed; orif a boundary commission has not yet been created in the county, the address of the county clerk, where a protest to the annexation petition may be filed;provide brief instructions on how to file a protest to the annexation petition or a link to a webpage that contains instructions on how to file a protest to the annexation petition;state that the area proposed for annexation to the municipality will also automatically be annexed to a special district providing fire protection, paramedic, and emergency services or a special district providing law enforcement service, as the case may be, as provided in Section 17B-1-416, if:the proposed annexing municipality is entirely within the boundaries of a special district:that provides fire protection, paramedic, and emergency services or law enforcement service, respectively; andin the creation of which an election was not required because of Subsection 17B-1-214(3)(c); andthe area proposed to be annexed to the municipality is not already within the boundaries of the special district; andstate that the area proposed for annexation to the municipality will be automatically withdrawn from a special district providing fire protection, paramedic, and emergency services or a special district providing law enforcement service, as the case may be, as provided in Subsection 17B-1-502(2), if:the petition proposes the annexation of an area that is within the boundaries of a special district:that provides fire protection, paramedic, and emergency services or law enforcement service, respectively; andin the creation of which an election was not required because of Subsection 17B-1-214(3)(c); andthe proposed annexing municipality is not within the boundaries of the special district.
(3) The statement required by Subsection (2)(e) shall state the deadline for filing a written protest in terms of the actual date, not by reference to the statutory citation.
Renumbered and Amended by Chapter 399, 2025 General Session
10-2-809 - Boundary commission — Creation — Members — Terms — Chair — Boundary commission quorum — Municipal selection committee.
(1) The legislative body of each county:may create a boundary commission on its own initiative at any time; andshall create a boundary commission within 30 days of the filing of a protest under Section 10-2-810.
(2) A boundary commission shall hear and decide, according to the provisions of this part, any protest filed under Section 10-2-810 with respect to an area that is located within the boundary commission’s county.
(3) Each boundary commission shall be composed of:in a county with two or more municipalities:two members who are elected county officers, appointed by:in a county operating under a form of government in which the executive and legislative functions are separated, the county executive with the advice and consent of the county legislative body; orin a county operating under a form of government in which the executive and legislative functions of the governing body are not separated, the county legislative body;two members who are elected municipal officers from separate municipalities within the county, appointed by the municipal selection committee described in Subsection (13); andthree members who are residents of the county, none of whom is a county or municipal elected officer, appointed by the four other members of the boundary commission; andin a county with only one municipality:two members who are county elected officers, appointed by the county legislative body;one member who is a municipal elected officer, appointed by the governing body of the municipality; andtwo members who are residents of the county, neither of whom is a county or municipal elected officer, appointed by the other three members of the boundary commission.
(4) At the expiration of the term of each member appointed under this section, the member’s successor shall be appointed by the same body that appointed the member whose term is expiring, as provided in this section.
(5) Except as provided in Subsection (5)(b), the term of each member of a boundary commission:is approximately four years; andbegins and expires on the first Monday of January of the applicable year.Notwithstanding Subsection (5)(a), the terms of the first members of a boundary commission shall be staggered by lot so that:on a seven-member commission described in Subsection (3)(a), the term of one member is approximately one year, the term of two members is approximately two years, the term of two members is approximately three years, and the term of two members is approximately four years; andon a five-member commission described in Subsection (3)(b), the term of two members is approximately two years and the term of the other three members is approximately four years.A vacancy on a boundary commission shall be filled for the remaining unexpired term in the same manner that the predecessor member was appointed, as described in Subsection (3).
(6) The members of a boundary commission shall elect a chair from the eligible membership of the boundary commission.A member of a boundary commission is eligible to serve as chair if the member has at least two years remaining in the member’s term.The term of a boundary commission chair is two years from the day on which the chair is elected.
(7) A majority of the members of the boundary commission constitutes a quorum.Boundary commission action requires a majority vote of the members of the boundary commission.
(8) A member of the boundary commission is disqualified from hearing and deciding a protest if the boundary commission member owns any property within the area proposed for annexation that is the subject of the protest.In the event a member of the boundary commission is disqualified as described in Subsection (8)(a), the body that appointed the disqualified member of the boundary commission shall appoint an alternate member of the boundary commission to hear and decide the protest.
(9) In considering a protest filed under Section 10-2-810, the boundary commission may:adopt and enforce rules of procedure for the orderly and fair conduct of boundary commission proceedings;authorize a member of the boundary commission to administer oaths, if necessary in the performance of the boundary commission’s duties;employ staff or retain professional or consulting services reasonably necessary to enable the commission to carry out the boundary commission’s duties;incur reasonable and necessary expenses in order to carry out the boundary commission’s duties; andrequest any additional information from the sponsor of the protest that the boundary commission considers necessary to make a determination.
(10) The legislative body of each county shall, with respect to the boundary commission in that county:furnish the boundary commission with any necessary office space, equipment, and supplies;pay necessary operating expenses incurred by the boundary commission; andreimburse the reasonable and necessary expenses incurred by each member appointed under Subsection (2), unless otherwise provided by interlocal agreement.
(11) Each county legislative body or municipal legislative body shall reimburse the reasonable and necessary expenses incurred by a boundary commission member who is a county or municipal elected officer, respectively.
(12) The boundary commission may request, and a relevant county or municipality shall provide, records, information, or any other relevant material necessary to enable the boundary commission to hear and decide a protest.
(13) A municipal selection committee consists of the municipal executive of each municipality in the county.In a county with an odd number of municipalities, a majority of the members of a municipal selection committee constitutes a quorum.In a county with an even number of municipalities, half of the members of the municipal selection committee constitutes a quorum.A legislative body that creates a boundary commission described in Subsection (3)(a) shall, at the same time the legislative body creates the boundary commission as described in Subsection (1), notify the municipal selection committee of the obligation to select the members described in Subsection (3)(a)(ii).
Renumbered and Amended by Chapter 399, 2025 General Session
10-2-810 - Protest to annexation petition — Planning advisory area planning commission recommendation — Petition requirements — Disposition of petition if no protest filed — Public hearing and notice.
(1) A protest to an annexation petition under Section 10-2-806 may only be filed by:the legislative body or governing board of an affected entity;an owner of rural real property located within the area proposed for annexation; oran owner of private real property located in a mining protection area.
(2) Each protest under Subsection (1) shall:be filed with the county clerk of the county in which the area proposed for annexation is located;state each reason for the protest of the annexation petition and justification for the protest under the standards established in this part;contain any information that the county boundary commission requires or the party filing the protest considers relevant to the protest; andcontain the name and address of a contact person who is to receive notices sent by the boundary commission with respect to the protest proceedings.
(3) The party filing a protest under this section shall on the same date deliver or mail a copy of the protest to the municipal records officer of the proposed annexing municipality.
(4) Each county clerk who receives a protest under Subsection (2)(a) shall:immediately notify the county legislative body of the protest; anddeliver the protest to the boundary commission within five days after:receipt of the protest, if the boundary commission has previously been created; orcreation of the boundary commission under Section 10-2-809, if the boundary commission has not previously been created.
(5) If a protest is filed under this section:the municipal legislative body may, at the next regular municipal legislative meeting occurring within 30 days of the day of certification, as described in Subsection 10-2-807(3), deny the annexation petition; orif the municipal legislative body does not deny the annexation petition under Subsection (5)(a)(i), the municipal legislative body may not take further action on the annexation petition until after receipt of the boundary commission’s notice of its decision on the protest under Section 10-2-811.If a municipal legislative body denies an annexation petition under Subsection (5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of the denial in writing to:the contact sponsor of the annexation petition;the boundary commission; andeach entity that filed a protest.
(6) A protest may not be filed later than 30 days after the day of certification, as described in Subsection 10-2-807(3).If no timely protest is filed under this section, the municipal legislative body may, subject to Subsection (7), approve the annexation petition.
(7) Before approving an annexation petition under Subsection (6), the municipal legislative body shall: hold a public hearing; andprovide notice of the public hearing by publishing the notice for the municipality and the area proposed for annexation, as a class B notice under Section 63G-30-102, for at least seven days before the date of the public hearing.
Renumbered and Amended by Chapter 399, 2025 General Session
10-2-811 - Public hearing of protest — Notice — Decision — Municipal legislative action — Judicial review.
(1) Except as provided in Subsection (1)(b), the boundary commission for each county shall hear and decide, according to the provisions of this part, each protest timely filed under Section 10-2-810.If the municipal legislative body has already denied the petition for annexation that is the subject of the protest under Subsection 10-2-810(5)(a), the boundary commission shall take no further action on the protest.
(2) In regard to a protest described in Subsection 10-Ch10_2|(1)], the boundary commission shall:schedule a public hearing on the protest no later than 30 days from the day on which the time for filing a protest expired; andexcept as provided in Subsection (5), hold the public hearing on the protest.
(3) At least 14 days before the day of a hearing described in Subsection (2), the boundary commission shall provide notice of the public hearing:by posting one notice, and at least one additional notice per 2,000 residents within the area proposed for annexation, in places reasonably likely to give notice of the public hearing; andby mailing notice to each resident within, and each owner of property located within, the area proposed for annexation;by posting notice on the Utah Public Notice Website, created in Section 63A-16-601, for 14 days before the day of the public hearing;if the annexing municipality has a website, by providing notice to the municipal records officer to post on the municipality’s website for 14 days before the day of the public hearing; andby posting notice on the county’s website for 14 days before the day of the public hearing.
(4) Each notice described in Subsection (3) shall:state the date, time, and place of the hearing;briefly summarize the nature of the protest; andstate that a copy of the protest is on file at: the boundary commission’s office, if the boundary commission has a physical office; orthe county recorder’s office.
(5) The boundary commission may postpone a scheduled public hearing, but no postponed hearing may be held later than 60 days after the original hearing date.
(6) In considering a protest, the boundary commission shall consider whether the proposed annexation:complies with the requirements of:Section 10-2-804;Section 10-2-806; andthe annexation policy plan of the proposed annexing municipality, as described in Section 10-2-803;conflicts with the annexation policy plan of another municipality; andif the proposed annexation includes urban development, will have an adverse tax consequence on the remaining unincorporated area of the county.
(7) After the public hearing required by this section, the boundary commission:shall, within 30 days, issue a written decision on the protest filed under Section 10-2-810;shall send a copy of the written decision described in Subsection (7)(a) to:the legislative body of the county in which the area proposed for annexation is located;the legislative body of the proposed annexing municipality;the sponsor of the annexation petition; andthe contact person for the protest; andmay:recommend approval of the proposed annexation, either with or without conditions; orrecommend denying the proposed annexation.
(8) The boundary commission shall record each public hearing under this section by electronic means.The record of a boundary commission proceeding includes: the transcription of the recording under Subsection (8)(a);the feasibility study, if applicable;information received at the hearing; andthe written decision of the boundary commission.
(9) Except as provided in Subsection (12), upon receipt of the boundary commission’s written decision under Subsection (7), the legislative body of the annexing municipality shall take action no earlier than 30 days after but no later than 60 days after receipt of the boundary commission’s written decision to:deny the annexation petition; orsubject to Subsection (10), approve the annexation petition, with or without any conditions recommended by the boundary commission.
(10) A municipal legislative body shall exclude from an annexation:rural real property, unless the owner of the rural real property has signed the annexation petition or otherwise gives written consent to the inclusion of the owner’s property to the annexation; andprivate real property located within a mining protection area, unless the owner of the private property located in the mining protection area has signed the annexation petition or otherwise gives written consent to the inclusion of the owner’s property to the annexation.
(11) As used in this subsection, “party” means:an annexing municipality;the contact sponsor of an annexation petition; orthe contact person for a protest.A party may seek review of a boundary commission’s written decision in the state district court with jurisdiction over the county in which the boundary commission is established by filing a petition for review of the written decision within 20 days of receiving the boundary commission’s written decision.A party that files a petition for review under Subsection (11)(b) shall provide notice of the filing to the legislative body of the annexing municipality, unless the annexing municipality is the party that filed a petition for review.The district court shall consider the record described in Subsection (8)(b) and affirm the boundary commission’s written decision unless the court determines the boundary commission’s written decision is arbitrary or capricious.
(12) The legislative body of an annexing municipality is excused from complying with the requirements of Subsection (9) until judicial review is concluded.
Renumbered and Amended by Chapter 399, 2025 General Session
10-2-812 - Annexation of an island or peninsula without a petition — Notice — Hearing.
(1) Notwithstanding Subsection 10-2-804(4), a municipality may annex an unincorporated area under this section without an annexation petition if:for an unincorporated area within the expansion area of more than one municipality, each municipality agrees to the annexation; andthe area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality;the majority of each island or peninsula consists of residential or commercial development;the area proposed for annexation requires the delivery of municipal-type services; andthe municipality has provided most or all of the municipal-type services to the area for more than one year;the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; andthe municipality has provided one or more municipal-type services to the area for at least one year;the area consists of:an unincorporated island within or an unincorporated peninsula contiguous to the municipality; andno more than 50 acres; orthe area to be annexed consists only of one or more unincorporated islands in a county of the second class;the area to be annexed is located in the expansion area of a municipality; andthe county legislative body in which the municipality is located provides notice to each property owner within the area to be annexed that the county legislative body will hold a public hearing, no less than 15 days after the day on which the county legislative body provides the notice, and may make a recommendation of annexation to the municipality whose expansion area includes the area to be annexed after the public hearing.
(2) Notwithstanding Subsection 10-2-804(2)(c), a municipality may annex a portion of an unincorporated island or unincorporated peninsula under this section, leaving unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:in adopting the resolution under Subsection (3)(a) the municipal legislative body determines that not annexing the entire unincorporated island or unincorporated peninsula is in the municipality’s best interest; andfor an annexation of one or more unincorporated islands under Subsection (1)(b), the entire island of unincorporated area, of which a portion is being annexed, complies with the requirement of Subsection (1)(b)(ii) relating to the number of residents.
(3) The legislative body of each municipality intending to annex an area under this section shall:adopt a resolution indicating the municipal legislative body’s intent to annex the area, describing the area proposed to be annexed; andhold a public hearing on the proposed annexation no earlier than 30 days after the adoption of the resolution described in Subsection (3)(a).
(4) A legislative body described in Subsection (3) shall provide notice of a public hearing described in Subsection (3)(b):for at least three weeks before the day of the public hearing, for the municipality and the area proposed for annexation, as a class B notice under Section 63G-30-102; andby sending written notice to:the board of each special district and special service district whose boundaries contain some or all of the area proposed for annexation; andthe legislative body of the county in which the area proposed for annexation is located.
(5) The legislative body of the annexing municipality shall ensure that:each notice described in Subsection (4):states that the municipal legislative body has adopted a resolution indicating the municipality’s intent to annex the area proposed for annexation;states the date, time, and place of the public hearing described in Subsection (3)(b);describes the area proposed for annexation; andexcept for an annexation that meets the requirements of Subsection (6)(b) or (c), states in conspicuous and plain terms that the municipal legislative body will annex the area unless, at or before the public hearing described in Subsection (3)(b), written protests to the annexation are filed by the owners of private real property that:is located within the area proposed for annexation;covers a majority of the total private land area within the entire area proposed for annexation; andis equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation; andthe first publication of the notice described in Subsection (4)(a) occurs within 14 days after the day on which the municipal legislative body adopts a resolution under Subsection (3)(a).
(6) Except as provided in Subsections (6)(b)(i) and (6)(c)(i), upon conclusion of the public hearing described in Subsection (3)(b), the municipal legislative body may adopt an ordinance approving the annexation of the area proposed for annexation under this section unless, at or before the hearing, written protests to the annexation have been filed with the recorder or clerk of the municipality by the owners of private real property that:is located within the area proposed for annexation;covers a majority of the total private land area within the entire area proposed for annexation; andis equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation.Notwithstanding Subsection (6)(a), upon conclusion of the public hearing described in Subsection (3)(b), a municipality may adopt an ordinance approving the annexation of the area proposed for annexation under this section without allowing or considering protests under Subsection (6)(a) if the owners of at least 75% of the total private land area within the entire area proposed for annexation, representing at least 75% of the value of the private real property within the entire area proposed for annexation, have consented in writing to the annexation.Upon the effective date under Section 10-2-813 of an annexation approved by an ordinance adopted under Subsection (6)(b)(i), the area annexed is conclusively presumed to be validly annexed.Notwithstanding Subsection (6)(a), upon conclusion of the public hearing described in Subsection (3)(b), a municipality may adopt an ordinance approving the annexation of an area that the county legislative body proposes for annexation under this section without allowing or considering protests under Subsection (6)(a) if the county legislative body has formally recommended annexation to the annexing municipality and has made a formal finding that:the area to be annexed can be more efficiently served by the municipality than by the county;the area to be annexed is not likely to be naturally annexed by the municipality in the future as the result of urban development;annexation of the area is likely to facilitate the consolidation of overlapping functions of local government; andannexation of the area is likely to result in an equitable distribution of community resources and obligations.The county legislative body may base the finding required in Subsection (6)(c)(i)(B) on:existing development in the area;natural or other conditions that may limit the future development of the area; orother factors that the county legislative body considers relevant.A county legislative body may make the recommendation for annexation required in Subsection (6)(c)(i) for only a portion of an unincorporated island if, as a result of information provided at the public hearing, the county legislative body makes a formal finding that it would be equitable to leave a portion of the island unincorporated.If a county legislative body has made a recommendation of annexation under Subsection (6)(c)(i):the relevant municipality is not required to proceed with the recommended annexation; andif the relevant municipality proceeds with annexation, the municipality shall annex the entire area that the county legislative body recommended for annexation.Upon the effective date under Section 10-2-813 of an annexation approved by an ordinance adopted under Subsection (6)(c)(i), the area annexed is conclusively presumed to be validly annexed.
(7) Except as provided in Subsections (6)(b)(i) and (6)(c)(i), if protests are timely filed under Subsection (6)(a), the municipal legislative body may not adopt an ordinance approving the annexation of the area proposed for annexation, and the annexation proceedings under this section shall be considered terminated.Subsection (7)(a) does not prohibit the municipal legislative body from excluding from a proposed annexation under Subsection (1)(b) the property within an unincorporated island regarding which protests have been filed and proceeding under Subsection (2) to annex some or all of the remaining portion of the unincorporated island.
(8) Nothing in this section prohibits a municipal legislative body from excluding from a proposed annexation any property that is the subject of a protest, or excluding from a proposed annexation any property for any other reason, and proceeding with the annexation of the non-excluded property if:the non-excluded property complies with Subsection (1); andthe requirements of Subsection (2) are met.
Renumbered and Amended by Chapter 399, 2025 General Session
10-2-813 - Filing of notice and plat — Recording and notice requirements — Effective date of annexation or boundary adjustment.
(1) An applicable legislative body shall:within 60 days after an annexation action, file with the lieutenant governor:a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-Ch67_1a|67-1a-6.5];a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; andif applicable, a copy of a resolution under Subsection 10-2-814(2)(a)(ii);upon the lieutenant governor’s issuance of a certificate of annexation or boundary adjustment, as the case may be, under Section 67-1a-6.5:if the annexed area or area subject to the boundary adjustment is located within the boundary of a single county, submit to the recorder of that county the original notice of an impending boundary action, the original certificate of annexation or boundary adjustment, the original approved final local entity plat, and a certified copy of the ordinance approving the annexation or boundary adjustment; orif the annexed area or area subject to the boundary adjustment is located within the boundaries of more than a single county:submit to the recorder of one of the affected counties the original notice of impending boundary action, the original certificate of annexation or boundary adjustment, and the original approved final local entity plat;submit to the recorder of each other affected county a certified copy of the documents listed in Subsection (1)(b)(ii)(A); andsubmit a certified copy of the ordinance approving the annexation or boundary adjustment to each county described in Subsections (1)(b)(ii)(A) and (B); andconcurrently with Subsection (1)(b):send notice of the annexation or boundary adjustment to each affected entity; andin accordance with Section 53-2d-514, file with the Bureau of Emergency Medical Services:a certified copy of the ordinance approving the annexation of an unincorporated area or the adjustment of a boundary, if applicable; anda copy of the approved final local entity plat.
(2) If an annexation under this part or a boundary adjustment under Part 9, Municipal Boundary Adjustments, also causes an automatic annexation to a special district under Section 17B-1-416 or an automatic withdrawal from a special district under Subsection 17B-1-502(2), the municipal legislative body shall, as soon as practicable after the lieutenant governor issues a certificate of annexation or boundary adjustment under Section 67-1a-6.5, send notice of the annexation or boundary adjustment to the special district to which the annexed area is automatically annexed or from which the annexed area is automatically withdrawn.
(3) Each notice required under Subsection (1) relating to an annexation or boundary adjustment shall state the effective date of the annexation or boundary adjustment, as determined under Subsection (4).
(4) An annexation under this part or a boundary adjustment under Part 9, Municipal Boundary Adjustments, is completed and takes effect:for the annexation of or boundary adjustment affecting an area located in a county of the first class, except for an annexation under Section 10-2-812:July 1 following the lieutenant governor’s issuance under Section 67-1a-6.5 of a certificate of annexation or boundary adjustment if:the certificate is issued during the preceding November 1 through April 30; andthe requirements of Subsection (1) are met before that July 1; orJanuary 1 following the lieutenant governor’s issuance under Section 67-1a-6.5 of a certificate of annexation or boundary adjustment if:the certificate is issued during the preceding May 1 through October 31; andthe requirements of Subsection (1) are met before that January 1; andsubject to Subsection (5), for all other annexations and boundary adjustments, the date of the lieutenant governor’s issuance, under Section 67-1a-6.5, of a certificate of annexation or boundary adjustment.
(5) The effective date of an annexation or boundary adjustment for purposes of assessing property within an affected area is governed by Section 59-2-305.5.Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the recorder of each county in which the property is located, a municipality may not:levy or collect a property tax on property within an affected area;levy or collect an assessment on property within an affected area; orcharge or collect a fee for service provided to property within an affected area, unless the municipality was charging and collecting the fee within that area immediately before annexation.
Renumbered and Amended by Chapter 399, 2025 General Session
10-2-814 - Automatic annexations in a county of the first class.
(1) As used in this section:“Most populous bordering municipality” means the municipality with the highest population of any municipality that shares a common border with an unincorporated island.”Unincorporated island” means an area that is:within a county of the first class;not within a municipality; andcompletely surrounded by land that is within one or more municipalities within the county of the first class.
(2) Notwithstanding any other provision of this part, on July 1, 2027, an unincorporated island is automatically annexed to:the most populous bordering municipality, except as provided in Subsection (2)(a)(ii); ora municipality other than the most populous bordering municipality if:the other municipality shares a common border with the unincorporated island; andthe other municipality and the most populous bordering municipality each adopt a resolution agreeing that the unincorporated island should be annexed to the other municipality.The effective date of an annexation under Subsection (2)(a) is governed by Section 10-2-813.
Renumbered and Amended by Chapter 399, 2025 General Session
10-2-815 - Conclusive presumption of annexation.
An area annexed to a municipality under this part shall be conclusively presumed to have been validly annexed if:
(1) the municipality has levied and the taxpayers within the area have paid property taxes for more than one year after annexation; and
(2) no resident of the area has contested the annexation in a court of proper jurisdiction during the year following annexation.
Renumbered and Amended by Chapter 399, 2025 General Session
10-2-816 - Bonds not affected by annexations — Payment of property taxes.
(1) An annexation under this part may not jeopardize or endanger any general obligation or revenue bond.
(2) A bondholder may require the payment of property taxes from any area that:was included in the taxable value of the municipality or other governmental entity issuing the bond at the time the bond was issued; andis no longer within the boundaries of the municipality or other governmental entity issuing the bond due to an annexation.
Renumbered and Amended by Chapter 399, 2025 General Session
10-2-817 - Electric utility service in annexed area — Reimbursement for value of facilities — Liability — Arbitration.
(1) As used in this section:“Commission” means the Public Service Commission established in Section 54-1-1.”Current replacement cost” means the cost the transferring party would incur to construct the facility at the time of transfer using the transferring party’s:standard estimating rates and standard construction methodologies for the facility; andstandard estimating process.”Depreciation” means an amount calculated:based on:the life and depreciation mortality curve most recently set for the type of facility in the depreciation rates set by the commission or other governing regulatory authority for the electrical corporation; ora straight-line depreciation rate that represents the expended life if agreed to by the transferring and receiving parties; andto include the gross salvage value of the type of facility based on the latest depreciation life approved by the commission or other governing regulatory authority for the electrical corporation, with a floor at the gross salvage value of the asset and in no case less than zero.”Electrical corporation” means:an entity as defined in Section 54-2-1; oran improvement district system described in Subsection 17B-2a-403(1)(a)(iv).”Facility” means electric equipment or infrastructure used to serve an electric customer, above ground or underground, including:a power line, transformer, switch gear, pole, wire, guy anchor, conductor, cable, or other related equipment; ora right-of-way, easement, or any other real property interest or legal right or interest used to operate and maintain the electric equipment or infrastructure.”Facility transfer” means the transfer of a facility from a transferring party to a receiving party in accordance with Subsection (3).”Lost or stranded facility” means a facility that is currently used by a transferring party that will no longer be used, whether in whole or in part, as a result of a facility transfer.”Receiving party” means a municipality or electrical corporation to whom a facility is transferred.”Transferring party” means a municipality or electrical corporation that transfers a facility.
(2) If an electric customer in an area being annexed by a municipality receives electric service from an electrical corporation that is not an improvement district system described in Subsection 17B-2a-403(1)(a)(iv), the municipality may not, without the agreement of the electrical corporation, furnish municipal electric service to any electric customer in the annexed area until the municipality has reimbursed the electrical corporation for the value of each facility used to serve any electric customer within the annexed area, including the value of any facility owned by a wholesale electric cooperative affiliated with the electrical corporation, dedicated to provide service to the annexed area.If an electric customer in an area being annexed by a municipality receives electric service from an electrical corporation that is an improvement district system described in Subsection 17B-2a-403(1)(a)(iv), the municipality may not, without the agreement of the electrical corporation, furnish municipal electric service to the electric customer until the municipality has reimbursed the electric corporation for the value of the facility used to serve the electric customer within the annexed area.
(3) The following procedures apply if a municipality transfers a facility to an electrical corporation in accordance with Section 10-8-14 or if an electrical corporation transfers a facility to a municipality in accordance with Subsection (2), Section 54-3-30, or 54-3-31:the transferring party shall provide a written estimate of the transferring party’s cost of preparing the inventory required in Subsection (3)(c) to the receiving party no later than 60 days after the date of notice from the receiving party;the receiving party shall pay the estimated cost of preparing the inventory to the transferring party no later than 60 days after the day that the receiving party receives the written estimate; orif the actual cost of preparing the inventory differs from the estimated cost, the transferring party shall include the difference between the actual cost and the estimated cost in the reimbursement described in Subsection (5);except as provided in Subsection (3)(f), the transferring party shall prepare, in accordance with Subsection (4), and deliver the inventory to the receiving party no later than 180 days after the day that the transferring party receives the payment specified in Subsection (3)(b);at any time, the parties may by agreement correct or update the inventory; orif the parties are unable to reach an agreement on an updated inventory, they shall:proceed with the facility transfer and reimbursement based on the inventory as submitted in accordance with Subsection (3)(c); andresolve their dispute as provided in Subsection (6);except as provided in Subsection (3)(f), the parties shall complete each facility transfer and reimbursement contemplated by this Subsection (3) no later than 180 days after the date that the transferring party delivers the inventory to the receiving party in accordance with Subsection (3)(c); andthe periods specified in Subsections (3)(c) and (e) may be extended for up to an additional 90 days by agreement of the parties.
(4) The inventory prepared by a transferring party in accordance with Subsection (3)(c) shall include an identification of each facility to be transferred and the amount of reimbursement as provided in Subsection (5).The transferring party may not include in the inventory a facility that the transferring party removed from service for at least 36 consecutive months prior to the date of the inventory, unless the facility was taken out of service as a result of an action by the receiving party.
(5) Unless otherwise agreed by the parties, the reimbursement for the transfer of each facility shall include:the cost of preparing the inventory as provided in Subsection (3)(b);subject to Subsection (5)(b)(i), the value of each transferred facility calculated by the current replacement cost of the facility less depreciation based on facility age;the cost incurred by the transferring party for:the physical separation of each facility from its system, including the cost of any facility constructed or installed that is necessary for the transferring party to continue to provide reliable electric service to its remaining customers;administrative, engineering, and record keeping expenses incurred by the transferring party for the transfer of each facility to the receiving party, including any difference between the actual cost of preparing the inventory and the estimated cost of preparing the inventory; andreimbursement for any tax consequences to the transferring party resulting from each facility transfer;the value of each lost or stranded facility of the transferring party based on the valuation formula described in Subsection (5)(a)(ii) or as otherwise agreed by the parties;the diminished value of each transferring party facility that will not be transferred based on the percentage of the facility that will no longer be used as a result of the facility transfer; andthe transferring party’s book value of a right-of-way or easement transferred with each facility.The receiving party may review the estimation of the current replacement costs of each facility, including the wage rates, material costs, overhead assumptions, and other pricing used to establish the estimation of the current replacement costs of the facility.Prior to reviewing the estimation, the receiving party shall enter into a nondisclosure agreement acceptable to the transferring party.The nondisclosure agreement shall restrict the use of the information provided by the transferring party solely for the purpose of reviewing the estimation of the current replacement cost and preserve the confidentiality of the information to prevent any effect on a competitive bid received by either party.If the age of a facility may be readily determined by the transferring party, the transferring party shall use that age to determine the facility’s depreciation.If the age of a facility cannot be readily determined, the transferring party shall estimate the age of the facility based on the average remaining life approved for the same type of facility in the most current depreciation rates set by the commission or other governing regulatory authority for the electrical corporation.A transferring party that transfers a facility in accordance with this section shall, upon delivery of a document conveying title to the receiving party, transfer the facility without any express or implied warranties.A receiving party that receives a facility in accordance with this section shall, upon receipt of a document conveying title, accept the facility in its existing condition and assume any and all liability, fault, risk, or potential loss arising from or related to the facility.Notwithstanding Subsection (5)(c)(i), if, within six months after the date that any oil filled equipment is transferred, the receiving party discovers that a transferred oil filled equipment contains polychlorinated biphenyl, the transferring party shall reimburse the receiving party for the cost of testing and disposal of that oil filled equipment.
(6) If the parties cannot agree on each facility to be transferred or the respective reimbursement amount, the parties shall:proceed with the facility transfer and the reimbursement based on the inventory as submitted by the transferring party in accordance with Subsection (3)(c) and in accordance with the schedule provided in Subsection (3)(e); andsubmit the dispute for mediation or arbitration.The parties shall share equally in the costs of mediation or arbitration.If the parties are unable to resolve the dispute through mediation or arbitration, either party may bring an action in the state court of jurisdiction.The arbitrator, or state court if the parties cannot agree on arbitration, shall determine each facility to be transferred and the amount to be reimbursed in accordance with Subsection (5).If the arbitrator or state court determines that:a transferring party transferred a facility that should not have been transferred, the receiving party shall return the facility;a party did not transfer a facility that should have been transferred, the party that should have transferred the facility shall transfer the facility to the party to whom the facility should have been transferred;the amount reimbursed by the receiving party is insufficient, the receiving party shall pay the difference to the transferring party; orthe amount reimbursed by the receiving party is more than the amount that should have been reimbursed, the transferring party shall pay the difference to the receiving party.
(7) Unless otherwise agreed upon in writing by the parties:a party shall transfer a facility to be transferred in accordance with Subsection (6)(e) no later than 60 days after the day that the arbitrator or court issues a determination unless the parties mutually agree to a longer time to complete the transfer; anda party shall:pay an amount required to be paid in accordance with Subsection (6)(e) no later than 30 days after the day that the arbitrator or court issues a determination; andinclude interest in the payment at the overall rate of return on the rate base most recently authorized by the commission or other governing regulatory agency for the electrical corporation from the date the reimbursement was originally paid until the difference is paid.
(8) Nothing in this section limits the availability of other damages under law arising by virtue of an agreement between the municipality and the electrical corporation.Notwithstanding Subsection (8)(a), a party described in this section is not entitled to an award for:damages that are indirect, incidental, punitive, exemplary, or consequential;lost profits; orother business interruption damages.
(9) Nothing in this section or Section 10-8-14, 54-3-30, or 54-3-31 applies to a transfer of facilities from an electrical corporation to a municipality in accordance with a decision by a municipality that did not previously provide electric service and seeks to commence providing electric service to a customer currently served by an electrical corporation within the municipal boundary.
(10) The provisions of this section apply to any annexation under this part.
Renumbered and Amended by Chapter 399, 2025 General Session
Municipal Boundary Adjustments
10-2-901 - Definitions.
(1) “Affected area” means any area that, as a result of the boundary adjustment, is moved from within the boundary of one municipality to within the boundary of another municipality.
(2) “Annexing municipality” means a municipality whose boundary includes an affected area as a result of a boundary adjustment.
(3) “Municipal records officer” means the same as that term is defined in Section 10-2-801.
(4) “Owner of real property” means the same as that term is defined in Section 10-2-801.
Enacted by Chapter 399, 2025 General Session
10-2-902 - Valuation of private real property — Determining consent to petition or protest by owners of real property.
(1) For purposes of implementing the provisions of this part, the value of private real property shall be determined according to the provisions of Section 10-2-802.
(2) For purposes of implementing the provisions of this part requiring an owner of private real property to sign a petition or protest, determining the appropriate individual to sign the petition or protest shall be determined according to the provisions of Section 10-2-802.
Enacted by Chapter 399, 2025 General Session
10-2-903 - Municipal boundary adjustment — Notice and hearing — Protest.
(1) The legislative bodies of two or more municipalities having common boundaries may adjust the common boundaries as provided in this section.
(2) The legislative body of each municipality intending to adjust a boundary that is common with another municipality shall:adopt a resolution indicating the intent of the municipal legislative body to adjust a common boundary; andhold a public hearing on the proposed adjustment no less than 60 days after the adoption of the resolution under Subsection (2)(a).
(3) A legislative body described in Subsection (2) shall provide notice of a public hearing described in Subsection (2)(b):for the municipality, as a class B notice under Section 63G-30-102, for at least three weeks before the day of the public hearing; andif the proposed boundary adjustment may cause any part of real property owned by the state to be within the geographic boundary of a different local governmental entity than before the adjustment, by providing written notice, at least 50 days before the day of the public hearing, to:the title holder of any state-owned real property described in this Subsection (3)(b); andthe Utah State Developmental Center Board, created under Section 26B-1-429, if any state-owned real property described in this Subsection (3)(b) is associated with the Utah State Developmental Center.
(4) The notice described in Subsection (3) shall:state that the municipal legislative body has adopted a resolution indicating the municipal legislative body’s intent to adjust a boundary that the municipality has in common with another municipality;describe the area proposed to be adjusted;state the date, time, and place of the public hearing described in Subsection (2)(b);state in conspicuous and plain terms that the municipal legislative body will adjust the boundaries unless, at or before the public hearing described in Subsection (2)(b), a written protest to the adjustment is filed by:an owner of private real property that:is located within the area proposed for adjustment;covers at least 25% of the total private land area within the area proposed for adjustment; andis equal in value to at least 15% of the value of all private real property within the area proposed for adjustment; ora title holder of state-owned real property described in Subsection (3)(b);state that the area that is the subject of the boundary adjustment will, because of the boundary adjustment, be automatically annexed to a special district providing fire protection, paramedic, and emergency services or a special district providing law enforcement service, as the case may be, as provided in Section 17B-1-416, if:the municipality to which the area is being added because of the boundary adjustment is entirely within the boundaries of a special district:that provides fire protection, paramedic, and emergency services or law enforcement service, respectively; andin the creation of which an election was not required because of Subsection 17B-1-214(3)(c); andthe municipality from which the area is being taken because of the boundary adjustment is not within the boundaries of the special district; andstate that the area proposed for annexation to the municipality will be automatically withdrawn from a special district providing fire protection, paramedic, and emergency services, as provided in Subsection 17B-1-502(2), if:the municipality to which the area is being added because of the boundary adjustment is not within the boundaries of a special district:that provides fire protection, paramedic, and emergency services; andin the creation of which an election was not required because of Subsection 17B-1-214(3)(c); andthe municipality from which the area is being taken because of the boundary adjustment is entirely within the boundaries of the special district.
(5) Upon conclusion of the public hearing described in Subsection (2)(b), the municipal legislative body may adopt an ordinance approving the adjustment of the common boundary unless, at or before the hearing described in Subsection (2)(b), a written protest to the adjustment is filed with the municipal records officer by a person described in Subsection (3)(b)(i) or (ii).
(6) The municipal legislative body of an annexing municipality shall, in regards to an affected area, comply with the requirements of Section 10-2-813 in regards to the filing of notice and plat and recording a boundary adjustment as if the boundary adjustment were an annexation.
(7) An ordinance adopted under Subsection (5) becomes effective when each municipality involved in the boundary adjustment has adopted an ordinance under Subsection (5).The effective date of a boundary adjustment under this section is governed by Section 10-2-813.
Renumbered and Amended by Chapter 399, 2025 General Session
10-2-904 - Bonds not affected by municipal boundary adjustment — Payment of property taxes.
(1) A boundary adjustment under this part may not jeopardize or endanger any general obligation or revenue bond.
(2) A bondholder may require the payment of property taxes from any area that:was included in the taxable value of the municipality or other governmental entity issuing the bond at the time the bond was issued; andis no longer within the boundaries of the municipality or other governmental entity issuing the bond due to a boundary adjustment.
Enacted by Chapter 399, 2025 General Session
10-2-905 - Municipal boundary adjustment effect on local districts and special service districts.
17B-1-416 and Subsection 17B-1-502(2), the adjustment of a boundary shared by municipalities does not affect the boundaries of:
(1) a local district under Title 17B, Limited Purpose Local Government Entities — Special Districts; or
(2) a special service district under Title 17D, Chapter 1, Special Service District Act.
Amended by Chapter 11, 2025 Special Session 1