H.B. 340

1

MUNICIPAL ANNEXATION AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen D. Clark
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the Utah Municipal Code relating to municipal annexations.
10 Highlighted Provisions:
11 This bill:
12 . provides that an area separated from a municipality only by a body of water is to be
13 considered contiguous to the municipality for annexation purposes if the area and
14 the municipality are in the same county; and
15 . makes a conforming amendment to accommodate an annexation that results from
16 application of the provision under which an area is considered contiguous to a
17 municipality even if separated by a body of water.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 10-2-402, as last amended by Laws of Utah 2007, Chapter 378
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 10-2-402 is amended to read:

28 10-2-402. Annexation -- Limitations.
29 (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be
30 annexed to the municipality as provided in this part.
31 (b) An unincorporated area may not be annexed to a municipality unless:
32 (i) it is a contiguous area;
33 (ii) it is contiguous to the municipality;
34 (iii) except as provided in Subsection 10-2-418 (1)(b) or with respect to an annexation
35 that results from application of Subsection (1)(c), annexation will not leave or create an
36 unincorporated island or peninsula; and
37 (iv) for an area located in a specified county with respect to an annexation that occurs
38 after December 31, 2002, the area is within the proposed annexing municipality's expansion
39 area.
40 (c) An area located in the same county as a municipality and separated from the
41 municipality only by a body of water shall be considered to be contiguous to the municipality
42 for purposes of Subsections (1)(a) and (b).
43 (2) Except as provided in Section 10-2-418 , a municipality may not annex an
44 unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation.
45 (3) An annexation under this part may not include part of a parcel of real property and
46 exclude part of that same parcel unless the owner of that parcel has signed the annexation
47 petition under Section 10-2-403 .
48 (4) A municipality may not annex an unincorporated area in a specified county for the
49 sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to
50 annex the same or a related area unless the municipality has the ability and intent to benefit the
51 annexed area by providing municipal services to the annexed area.
52 (5) The legislative body of a specified county may not approve urban development
53 within a municipality's expansion area unless:
54 (a) the county notifies the municipality of the proposed development; and
55 (b) (i) the municipality consents in writing to the development; or
56 (ii) (A) within 90 days after the county's notification of the proposed development, the
57 municipality submits to the county a written objection to the county's approval of the proposed
58 development; and

59 (B) the county responds in writing to the municipality's objections.
60 (6) (a) An annexation petition may not be filed under this part proposing the
61 annexation of an area located in a county that is not the county in which the proposed annexing
62 municipality is located unless the legislative body of the county in which the area is located has
63 adopted a resolution approving the proposed annexation.
64 (b) Each county legislative body that declines to adopt a resolution approving a
65 proposed annexation described in Subsection (6)(a) shall provide a written explanation of its
66 reasons for declining to approve the proposed annexation.
67 (7) (a) As used in this Subsection (7):
68 (i) "Airport" means an area that the Federal Aviation Administration has, by a record of
69 decision, approved for the construction of a Class I, II, or III commercial service airport, as
70 designated by the Federal Aviation Administration in 14 C.F.R. Part 139.
71 (ii) "Conical surface area" has the same meaning as defined in 14 C.F.R. 77, Objects
72 Affecting Navigable Airspace.
73 (b) A municipality may not annex an unincorporated area within the conical surface
74 area of an airport operated or to be constructed and operated by another municipality unless the
75 legislative body of the other municipality adopts a resolution consenting to the annexation.
76 (c) A municipality that operates or intends to construct and operate an airport and does
77 not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b)
78 may not deny an annexation petition proposing the annexation of that same area to that
79 municipality.




Legislative Review Note
as of 1-24-08 3:29 PM

Office of Legislative Research and General Counsel