10-2-407. Protest to annexation petition -- Township planning commission
recommendation -- Petition requirements -- Disposition of petition if no protest filed.
(1) (a) A protest to an annexation petition under Section 10-2-403 may be filed by:
(i) the legislative body or governing board of an affected entity; or
(ii) for a proposed annexation of an area within a county of the first class, the owners of
private real property that:
(A) is located in the unincorporated area within 1/2 mile of the area proposed for
annexation;
(B) covers at least 25% of the private land area located in the unincorporated area within
1/2 mile of the area proposed for annexation; and
(C) is equal in value to at least 15% of all real property located in the unincorporated area
within 1/2 mile of the area proposed for annexation.
(b) (i) A planning commission of a township located in a county of the first class may
recommend to the legislative body of the county in which the township is located that the county
legislative body file a protest against a proposed annexation under this part of an area located
within the township.
(ii) (A) The township planning commission shall communicate each recommendation
under Subsection (1)(b)(i) in writing to the county legislative body within 30 days after the city
recorder or town clerk's certification of the annexation petition under Subsection 10-2-405(2)
(c)(i).
(B) At the time the recommendation is communicated to the county legislative body
under Subsection (1)(b)(ii)(A), the township planning commission shall mail or deliver a copy of
the recommendation to the legislative body of the proposed annexing municipality and to the
contact sponsor.
(2) (a) Each protest under Subsection (1)(a) shall:
(i) be filed:
(A) no later than 30 days after the municipal legislative body's receipt of the notice of
certification under Subsection 10-2-405(2)(c)(i); and
(B) (I) in a county that has already created a commission under Section 10-2-409, with
the commission; or
(II) in a county that has not yet created a commission under Section 10-2-409, with the
clerk of the county in which the area proposed for annexation is located; and
(ii) state each reason for the protest of the annexation petition and, if the area proposed to
be annexed is located in a specified county, justification for the protest under the standards
established in this chapter;
(iii) if the area proposed to be annexed is located in a specified county, contain other
information that the commission by rule requires or that the party filing the protest considers
pertinent; and
(iv) the name and address of a contact person who is to receive notices sent by the
commission with respect to the protest proceedings.
(b) The party filing a protest under this section shall on the same date deliver or mail a
copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
(c) Each clerk who receives a protest under Subsection (2)(a)(i)(B)(II) shall:
(i) immediately notify the county legislative body of the protest; and
(ii) deliver the protest to the boundary commission within five days after:
(A) receipt of the protest, if the boundary commission has previously been created; or
(B) creation of the boundary commission under Subsection 10-2-409(1)(b), if the
boundary commission has not previously been created.
(d) Each protest of a proposed annexation of an area located in a county of the first class
under Subsection (1)(a)(ii) shall, in addition to the requirements of Subsections (2)(a) and (b):
(i) indicate the typed or printed name and current residence address of each owner
signing the protest; and
(ii) designate one of the signers of the protest as the contact person and state the mailing
address of the contact person.
(3) (a) (i) If a protest is filed under this section:
(A) the municipal legislative body may, at its next regular meeting after expiration of the
deadline under Subsection (2)(a)(i)(A), deny the annexation petition; or
(B) if the municipal legislative body does not deny the annexation petition under
Subsection (3)(a)(i)(A), the municipal legislative body may take no further action on the
annexation petition until after receipt of the commission's notice of its decision on the protest
under Section 10-2-416.
(ii) If a municipal legislative body denies an annexation petition under Subsection
(3)(a)(i)(A), the municipal legislative body shall, within five days after the denial, send notice of
the denial in writing to:
(A) the contact sponsor of the annexation petition;
(B) the commission;
(C) each entity that filed a protest;
(D) if a protest was filed under Subsection (1)(a)(ii) for a proposed annexation of an area
located in a county of the first class, the contact person; and
(E) if any of the area proposed for annexation is within a township, the legislative body
of the county in which the township is located.
(b) (i) If no timely protest is filed under this section, the municipal legislative body may,
subject to Subsection (3)(b)(ii), approve the petition.
(ii) Before approving an annexation petition under Subsection (3)(b)(i), the municipal
legislative body shall:
(A) hold a public hearing; and
(B) at least seven days before the public hearing under Subsection (3)(b)(ii)(A):
(I) (Aa) publish notice of the hearing in a newspaper of general circulation within the
municipality and the area proposed for annexation; or
(Bb) if there is no newspaper of general circulation in those areas, post written notices of
the hearing in conspicuous places within those areas that are most likely to give notice to
residents within those areas; and
(II) publish notice of the hearing in accordance with Section 45-1-101.
(iii) Within ten days after approving an annexation under Subsection (3)(b)(i) of an area
that is partly or entirely within a township, the municipal legislative body shall send notice of the
approval to the legislative body of the county in which the township is located.
Amended by Chapter 205, 2009 General Session
Amended by Chapter 388, 2009 General Session
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Last revised: Thursday, May 28, 2009