LEGISLATIVE GENERAL COUNSEL H.B. 235
6 Approved for Filing: G. Harb 6
6 01-22-21 3:25 PM 6
1 ANNEXATION AMENDMENTS
2 2021 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Douglas V. Sagers
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to municipal annexation.
10 Highlighted Provisions:
11 This bill:
12 < modifies the signature requirement for an annexation petition involving rural real
13 property to require a rural real property owner's signature only when the rural real
14 property is larger than 1,500 acres and consists of two or more tax parcels; and
15 < makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 10-2-401, as last amended by Laws of Utah 2015, Chapter 352
23 10-2-403, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 15
24 10-2-407, as last amended by Laws of Utah 2019, Chapter 255
25 10-2-408, as last amended by Laws of Utah 2015, Chapter 352
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26
27 Be it enacted by the Legislature of the state of Utah:
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28 Section 1. Section 10-2-401 is amended to read:
29 10-2-401. Definitions -- Property owner provisions.
30 (1) As used in this part:
31 (a) "Affected entity" means:
32 (i) a county of the first or second class in whose unincorporated area the area proposed
33 for annexation is located;
34 (ii) a county of the third, fourth, fifth, or sixth class in whose unincorporated area the
35 area proposed for annexation is located, if the area includes residents or commercial or
36 industrial development;
37 (iii) a local district under Title 17B, Limited Purpose Local Government Entities -
38 Local Districts, or special service district under Title 17D, Chapter 1, Special Service District
39 Act, whose boundary includes any part of an area proposed for annexation;
40 (iv) a school district whose boundary includes any part of an area proposed for
41 annexation, if the boundary is proposed to be adjusted as a result of the annexation; and
42 (v) a municipality whose boundaries are within 1/2 mile of an area proposed for
43 annexation.
44 (b) "Annexation petition" means a petition under Section 10-2-403 proposing the
45 annexation to a municipality of a contiguous, unincorporated area that is contiguous to the
46 municipality.
47 (c) "Commission" means a boundary commission established under Section 10-2-409
48 for the county in which the property that is proposed for annexation is located.
49 (d) "Expansion area" means the unincorporated area that is identified in an annexation
50 policy plan under Section 10-2-401.5 as the area that the municipality anticipates annexing in
51 the future.
52 (e) "Feasibility consultant" means a person or firm with expertise in the processes and
53 economics of local government.
54 (f) "Municipal selection committee" means a committee in each county composed of
55 the mayor of each municipality within that county.
56 (g) "Planning advisory area" means the same as that term is defined in Section
57 17-27a-306.
58 (h) "Private," with respect to real property, means not owned by the United States or
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59 any agency of the federal government, the state, a county, a municipality, a school district, a
60 local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, a
61 special service district under Title 17D, Chapter 1, Special Service District Act, or any other
62 political subdivision or governmental entity of the state.
63 (i) "Rural real property" means the same as that term is defined in Section
64 17B-2a-1107.
65 [(i)] (j) "Specified county" means a county of the second, third, fourth, fifth, or sixth
66 class.
67 [(j)] (k) "Unincorporated peninsula" means an unincorporated area:
68 (i) that is part of a larger unincorporated area;
69 (ii) that extends from the rest of the unincorporated area of which [it] the
70 unincorporated area is a part;
71 (iii) that is surrounded by land that is within a municipality, except where the area
72 connects to and extends from the rest of the unincorporated area of which [it] the
73 unincorporated area is a part; and
74 (iv) whose width, at any point where a straight line may be drawn from a place where
75 [it] the unincorporated area borders a municipality to another place where [it] the
76 unincorporated area borders a municipality, is no more than 25% of the boundary of the area
77 where [it] the unincorporated area borders a municipality.
78 [(k)] (l) "Urban development" means:
79 (i) a housing development with more than 15 residential units and an average density
80 greater than one residential unit per acre; or
81 (ii) a commercial or industrial development for which cost projections exceed
82 $750,000 for all phases.
83 (2) For purposes of this part:
84 (a) the owner of real property shall be:
85 (i) except as provided in Subsection (2)(a)(ii), the record title owner according to the
86 records of the county recorder on the date of the filing of the petition or protest; or
87 (ii) the lessee of military land, as defined in Section 63H-1-102, if the area proposed
88 for annexation includes military land that is within a project area described in a project area
89 plan adopted by the military installation development authority under Title 63H, Chapter 1,
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90 Military Installation Development Authority Act; and
91 (b) the value of private real property shall be determined according to the last
92 assessment roll for county taxes before the filing of the petition or protest.
93 (3) For purposes of each provision of this part that requires the owners of private real
94 property covering a percentage or majority of the total private land area within an area to sign a
95 petition or protest:
96 (a) a parcel of real property may not be included in the calculation of the required
97 percentage or majority unless the petition or protest is signed by:
98 (i) except as provided in Subsection (3)(a)(ii), owners representing a majority
99 ownership interest in that parcel; or
100 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
101 of owners of that parcel;
102 (b) the signature of [a person] an individual signing a petition or protest in a
103 representative capacity on behalf of an owner is invalid unless:
104 (i) the [person's] individual's representative capacity and the name of the owner the
105 [person] individual represents are indicated on the petition or protest with the [person's]
106 individual's signature; and
107 (ii) the [person] individual provides documentation accompanying the petition or
108 protest that substantiates the [person's] individual's representative capacity; and
109 (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
110 petition or protest on behalf of a deceased owner.
111 Section 2. Section 10-2-403 is amended to read:
112 10-2-403. Annexation petition -- Requirements -- Notice required before filing.
113 (1) Except as provided in Section 10-2-418, the process to annex an unincorporated
114 area to a municipality is initiated by a petition as provided in this section.
115 (2) (a) (i) Before filing a petition under Subsection (1) with respect to the proposed
116 annexation of an area located in a county of the first class, the person or persons intending to
117 file a petition shall:
118 (A) file with the city recorder or town clerk of the proposed annexing municipality a
119 notice of intent to file a petition; and
120 (B) send a copy of the notice of intent to each affected entity.
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121 (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the
122 area that is proposed to be annexed.
123 (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
124 annexed is located shall:
125 (A) mail the notice described in Subsection (2)(b)(iii) to:
126 (I) each owner of real property located within the area proposed to be annexed; and
127 (II) each owner of real property located within 300 feet of the area proposed to be
128 annexed; and
129 (B) send to the proposed annexing municipality a copy of the notice and a certificate
130 indicating that the county mailed the notice [has been mailed] as required under Subsection
131 (2)(b)(i)(A).
132 (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
133 days after [receiving] the day on which the county received from the person or persons [who]
134 that filed the notice of intent:
135 (A) a written request to mail the required notice; and
136 (B) payment of an amount equal to the county's expected actual cost of mailing the
137 notice.
138 (iii) Each notice required under Subsection (2)(b)(i)(A) shall:
139 (A) be in writing;
140 (B) state, in bold and conspicuous terms, substantially the following:
141 "Attention: Your property may be affected by a proposed annexation.
142 Records show that you own property within an area that is intended to be included in a
143 proposed annexation to (state the name of the proposed annexing municipality) or that is within
144 300 feet of that area. If your property is within the area proposed for annexation, you may be
145 asked to sign a petition supporting the annexation. You may choose whether to sign the
146 petition. By signing the petition, you indicate your support of the proposed annexation. If you
147 sign the petition but later change your mind about supporting the annexation, you may
148 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
149 of (state the name of the proposed annexing municipality) within 30 days after (state the name
150 of the proposed annexing municipality) receives notice that the petition has been certified.
151 There will be no public election on the proposed annexation because Utah law does not
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152 provide for an annexation to be approved by voters at a public election. Signing or not signing
153 the annexation petition is the method under Utah law for the owners of property within the area
154 proposed for annexation to demonstrate their support of or opposition to the proposed
155 annexation.
156 You may obtain more information on the proposed annexation by contacting (state the
157 name, mailing address, telephone number, and email address of the official or employee of the
158 proposed annexing municipality designated to respond to questions about the proposed
159 annexation), (state the name, mailing address, telephone number, and email address of the
160 county official or employee designated to respond to questions about the proposed annexation),
161 or (state the name, mailing address, telephone number, and email address of the person who
162 filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the
163 notice of intent, one of those persons). Once filed, the annexation petition will be available for
164 inspection and copying at the office of (state the name of the proposed annexing municipality)
165 located at (state the address of the municipal offices of the proposed annexing municipality).";
166 and
167 (C) be accompanied by an accurate map identifying the area proposed for annexation.
168 (iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A) any
169 other information or materials related or unrelated to the proposed annexation.
170 (c) (i) After receiving the certificate from the county as provided in Subsection
171 (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or persons
172 [who] that filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation
173 petition for the annexation proposed in the notice of intent.
174 (ii) An annexation petition provided by the proposed annexing municipality may be
175 duplicated for circulation for signatures.
176 (3) Each petition under Subsection (1) shall:
177 (a) be filed with the applicable city recorder or town clerk of the proposed annexing
178 municipality;
179 (b) [contain the signatures of,] if all the real property within the area proposed for
180 annexation is owned by a public entity other than the federal government, contain the
181 signatures of the owners of all the publicly owned real property[, or the owners of private real
182 property that:];
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183 (c) contain the signatures of the owners of private real property that:
184 (i) is located within the area proposed for annexation;
185 (ii) (A) [subject to Subsection (3)(b)(ii)(C),] covers a majority of the private land area
186 within the area proposed for annexation;
187 (B) covers 100% of the rural real property [as that term is defined in Section
188 17B-2a-1107] within the area proposed for annexation, if the rural real property is larger than
189 1,500 acres and consists of two or more tax parcels; and
190 (C) covers 100% of the private land area within the area proposed for annexation, if the
191 area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture,
192 Industrial, or Critical Infrastructure Materials Protection Areas, or a migratory bird production
193 area created under Title 23, Chapter 28, Migratory Bird Production Area; and
194 (iii) is equal in value to at least 1/3 of the value of all private real property within the
195 area proposed for annexation;
196 [(c)] (d) be accompanied by:
197 (i) an accurate and recordable map, prepared by a licensed surveyor, of the area
198 proposed for annexation; and
199 (ii) a copy of the notice sent to affected entities as required under Subsection
200 (2)(a)(i)(B) and a list of the affected entities to which the person or persons intending to file a
201 petition sent notice [was sent];
202 [(d)] (e) if the area proposed to be annexed is located in a county of the first class,
203 contain on each signature page a notice in bold and conspicuous terms that states substantially
204 the following:
205 "Notice:
206 • There will be no public election on the annexation proposed by this petition because
207 Utah law does not provide for an annexation to be approved by voters at a public election.
208 • If you sign this petition and later decide that you do not support the petition, you may
209 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
210 of (state the name of the proposed annexing municipality). If you choose to withdraw your
211 signature, you shall do so no later than 30 days after (state the name of the proposed annexing
212 municipality) receives notice that the petition has been certified.";
213 [(e)] (f) if the petition proposes the annexation of an area located in a county that is not
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214 the county in which the proposed annexing municipality is located, be accompanied by a copy
215 of the resolution, required under Subsection 10-2-402(6), of the legislative body of the county
216 in which the area is located; and
217 [(f)] (g) designate up to five of the signers of the petition as sponsors, one of whom
218 shall be designated as the contact sponsor, and indicate the mailing address of each sponsor.
219 (4) A petition under Subsection (1) may not propose the annexation of all or part of an
220 area that was proposed for annexation to a municipality in a previously filed petition that has
221 not been denied, rejected, or granted.
222 (5) (a) Except as provided in Subsection (5)(b), an annexation petition under Subsection
223 (1) may not propose the annexation of an area that includes some or all of an area proposed to
224 be incorporated in a request for a feasibility study under Section 10-2a-202 if:
225 (i) the request was filed before the filing of the annexation petition; and
226 (ii) the request, or a petition under Section 10