Enrolled Copy H.B. 330
1 UNINCORPORATED AREAS AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher Senate Sponsor: Kirk A. Cullimore
2
3 LONG TITLE
4 General Description:
5 This bill modifies provisions relating to unincorporated areas of a county of the first class.
6 Highlighted Provisions:
7 This bill:
8 ▸ provides for unincorporated islands within a county of the first class to be automatically
9 annexed to an adjoining municipality;
10 ▸ allows unincorporated islands within a community council area in a county of the first
11 class to incorporate as a municipality;
12 ▸ modifies provisions relating to a feasibility study for a proposed incorporation;
13 ▸ enacts language relating to a feasibility consultant and feasibility study for a proposed
14 incorporation of a community council area;
15 ▸ enacts language regarding the effects of an incorporation of a community council area;
16 ▸ modifies a provision relating to the membership of a board of trustees of a municipal
17 services district;
18 ▸ provides for provisions relating to a community council incorporation to be repealed; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill provides a special effective date.
24 Utah Code Sections Affected:
25 AMENDS:
26 10-2-403 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapters 16, 34 and
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28 10-2-425 (Effective 05/01/24) (Superseded 07/01/24), as last amended by Laws of Utah
29 2023, Chapters 16, 327
30 10-2-425 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 16, 310
31 and 327
32 10-2a-102 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 224
33 10-2a-103 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 224
34 10-2a-201.5 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 224
35 10-2a-202 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 224
36 10-2a-204.5 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
37 Chapter 224
38 10-2a-205 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapters 16, 224
39 10-2a-210 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapters 16, 224
40 and 435
41 10-2a-403 (Effective 05/01/24), as enacted by Laws of Utah 2015, Chapter 352 and further
42 amended by Revisor Instructions, Laws of Utah 2015, Chapter 352
43 17B-1-414 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 15
44 17B-1-512 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 15
45 17B-2a-1106 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 15
46 63I-2-210 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 501
47 ENACTS:
48 10-2-429 (Effective 05/01/24), as Utah Code Annotated 1953
49 10-2a-107 (Effective 05/01/24), as Utah Code Annotated 1953
50 10-2a-205.5 (Effective 05/01/24), as Utah Code Annotated 1953
51
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 10-2-403 is amended to read:
54 10-2-403 (Effective 05/01/24). Annexation petition -- Requirements -- Notice
55 required before filing.
56 (1) Except as provided in Section 10-2-418 and except for an automatic annexation under
57 Section 10-2-429, the process to annex an unincorporated area to a municipality is
58 initiated by a petition as provided in this section.
59 (2) (a) (i) Before filing a petition under Subsection (1), the person or persons
60 intending to file a petition shall:
61 (A) file with the city recorder or town clerk of the proposed annexing municipality
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62 a notice of intent to file a petition; and
63 (B) send a copy of the notice of intent to each affected entity.
64 (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of
65 the area that is proposed to be annexed.
66 (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
67 annexed is located shall:
68 (A) mail the notice described in Subsection (2)(b)(iii) to:
69 (I) each owner of real property located within the area proposed to be annexed;
70 and
71 (II) each owner of real property located within 300 feet of the area proposed to
72 be annexed; and
73 (B) send to the proposed annexing municipality a copy of the notice and a
74 certificate indicating that the notice has been mailed as required under
75 Subsection (2)(b)(i)(A).
76 (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
77 days after receiving from the person or persons who filed the notice of intent:
78 (A) a written request to mail the required notice; and
79 (B) payment of an amount equal to the county's expected actual cost of mailing
80 the notice.
81 (iii) Each notice required under Subsection (2)(b)(i)(A) shall:
82 (A) be in writing;
83 (B) state, in bold and conspicuous terms, substantially the following:
84 "Attention: Your property may be affected by a proposed annexation.
85 Records show that you own property within an area that is intended to be included in a
86 proposed annexation to (state the name of the proposed annexing municipality) or that is
87 within 300 feet of that area. If your property is within the area proposed for annexation, you
88 may be asked to sign a petition supporting the annexation. You may choose whether to sign
89 the petition. By signing the petition, you indicate your support of the proposed annexation. If
90 you sign the petition but later change your mind about supporting the annexation, you may
91 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
92 of (state the name of the proposed annexing municipality) within 30 days after (state the name
93 of the proposed annexing municipality) receives notice that the petition has been certified.
94 There will be no public election on the proposed annexation because Utah law does not
95 provide for an annexation to be approved by voters at a public election. Signing or not signing
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96 the annexation petition is the method under Utah law for the owners of property within the
97 area proposed for annexation to demonstrate their support of or opposition to the proposed
98 annexation.
99 You may obtain more information on the proposed annexation by contacting (state the
100 name, mailing address, telephone number, and email address of the official or employee of the
101 proposed annexing municipality designated to respond to questions about the proposed
102 annexation), (state the name, mailing address, telephone number, and email address of the
103 county official or employee designated to respond to questions about the proposed
104 annexation), or (state the name, mailing address, telephone number, and email address of the
105 person who filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person
106 filed the notice of intent, one of those persons). Once filed, the annexation petition will be
107 available for inspection and copying at the office of (state the name of the proposed annexing
108 municipality) located at (state the address of the municipal offices of the proposed annexing
109 municipality)."; and
110 (C) be accompanied by an accurate map identifying the area proposed for
111 annexation.
112 (iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A)
113 any other information or materials related or unrelated to the proposed annexation.
114 (c) (i) After receiving the certificate from the county as provided in Subsection
115 (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the
116 person or persons who filed the notice of intent under Subsection (2)(a)(i)(A),
117 provide an annexation petition for the annexation proposed in the notice of intent.
118 (ii) An annexation petition provided by the proposed annexing municipality may be
119 duplicated for circulation for signatures.
120 (3) Each petition under Subsection (1) shall:
121 (a) be filed with the applicable city recorder or town clerk of the proposed annexing
122 municipality;
123 (b) contain the signatures of, if all the real property within the area proposed for
124 annexation is owned by a public entity other than the federal government, the owners
125 of all the publicly owned real property, or the owners of private real property that:
126 (i) is located within the area proposed for annexation;
127 (ii) (A) subject to Subsection (3)(b)(ii)(C), covers a majority of the private land
128 area within the area proposed for annexation;
129 (B) covers 100% of all of the rural real property within the area proposed for
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130 annexation; and
131 (C) covers 100% of all of the private land area within the area proposed for
132 annexation or a migratory bird production area created under Title 23A,
133 Chapter 13, Migratory Bird Production Area; and
134 (iii) is equal in value to at least 1/3 of the value of all private real property within the
135 area proposed for annexation;
136 (c) be accompanied by:
137 (i) an accurate and recordable map, prepared by a licensed surveyor in accordance
138 with Section 17-23-20, of the area proposed for annexation; and
139 (ii) a copy of the notice sent to affected entities as required under Subsection
140 (2)(a)(i)(B) and a list of the affected entities to which notice was sent;
141 (d) contain on each signature page a notice in bold and conspicuous terms that states
142 substantially the following:
143 "Notice:
144 • There will be no public election on the annexation proposed by this petition because Utah
145 law does not provide for an annexation to be approved by voters at a public election.
146 • If you sign this petition and later decide that you do not support the petition, you may
147 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
148 of (state the name of the proposed annexing municipality). If you choose to withdraw your
149 signature, you shall do so no later than 30 days after (state the name of the proposed annexing
150 municipality) receives notice that the petition has been certified.";
151 (e) if the petition proposes a cross-county annexation, as defined in Section 10-2-402.5,
152 be accompanied by a copy of the resolution described in Subsection 10-2-402.5
153 (4)(a)(iii)(A); and
154 (f) designate up to five of the signers of the petition as sponsors, one of whom shall be
155 designated as the contact sponsor, and indicate the mailing address of each sponsor.
156 (4) A petition under Subsection (1) may not propose the annexation of all or part of an area
157 proposed for annexation to a municipality in a previously filed petition that has not been
158 denied, rejected, or granted.
159 (5) If practicable and feasible, the boundaries of an area proposed for annexation shall be
160 drawn:
161 (a) along the boundaries of existing special districts and special service districts for
162 sewer, water, and other services, along the boundaries of school districts whose
163 boundaries follow city boundaries or school districts adjacent to school districts
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164 whose boundaries follow city boundaries, and along the boundaries of other taxing
165 entities;
166 (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
167 services;
168 (c) to facilitate the consolidation of overlapping functions of local government;
169 (d) to promote the efficient delivery of services; and
170 (e) to encourage the equitable distribution of community resources and obligations.
171 (6) On the date of filing, the petition sponsors shall deliver or mail a copy of the petition to
172 the clerk of the county in which the area proposed for annexation is located.
173 (7) A property owner who signs an annexation petition may withdraw the owner's signature
174 by filing a written withdrawal, signed by the property owner, with the city recorder or
175 town clerk no later than 30 days after the municipal legislative body's receipt of the
176 notice of certification under Subsection 10-2-405(2)(c)(i).
177 Section 2. Section 10-2-425 is amended to read:
178 10-2-425 (Effective 05/01/24) (Superseded 07/01/24). Filing of notice and plat --
179 Recording and notice requirements -- Effective date of annexation or boundary
180 adjustment.
181 (1) [The] As used in this section:
182 (a) "Annexation action" means:
183 (i) the enactment of an ordinance annexing an unincorporated area;
184 (ii) an election approving an annexation under Section 10-2a-404;
185 (iii) the enactment of an ordinance approving a boundary adjustment by each of the
186 municipalities involved in the boundary adjustment; or
187 (iv) an automatic annexation that occurs on July 1, 2027 under Subsection 10-2-429
188 (2)(a).
189 (b) "Applicable legislative body" means:
190 (i) the legislative body of each municipality that enacts an ordinance under this part
191 approving the annexation of an unincorporated area or the adjustment of a
192 boundary[, or ] ;
193 (ii) the legislative body of an eligible city, as defined in Section 10-2a-403, that
194 annexes an unincorporated island upon the results of an election held in
195 accordance with Section 10-2a-404[, ] ; or
196 (iii) the legislative body of a municipality to which an unincorporated island is
197 automatically annexed under Section 10-2-429.
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198 (2) An applicable legislative body shall:
199 (a) within 60 days after [enacting the ordinance or the day of the election or, in the case
200 of a boundary adjustment, within 60 days after each of the municipalities involved in
201 the boundary adjustment has enacted an ordinance] an annexation action, file with the
202 lieutenant governor:
203 (i) a notice of an impending boundary action, as defined in Section 67-1a-6.5, that
204 meets the requirements of Subsection 67-1a-6.5(3); [and]
205 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
206 (iii) if applicable, a copy of an agreement under Subsection 10-2-429(2)(a)(ii);
207 (b) upon the lieutenant governor's issuance of a certificate of annexation or boundary
208 adjustment, as the case may be, under Section 67-1a-6.5:
209 (i) if the annexed area or area subject to the boundary adjustment is located within the
210 boundary of a single county, submit to the recorder of that county the original
211 notice of an impending boundary action, the original certificate of annexation or
212 boundary adjustment, the original approved final local entity plat, and a certified
213 copy of the ordinance approving the annexation or boundary adjustment; or
214 (ii) if the annexed area or area subject to the boundary adjustment is located within
215 the boundaries of more than a single county:
216 (A) submit to the recorder of one of those counties the original notice of
217 impending boundary action, the original certificate of annexation or boundary
218 adjustment, and the original approved final local entity plat;
219 (B) submit to the recorder of each other county a certified copy of the documents
220 listed in Subsection [(1)(b)(ii)(A)] (2)(b)(ii)(A); and
221