17-2-209. Minor adjustments to county boundaries authorized -- Public hearing --
Joint resolution of county legislative bodies -- Notice and plat to lieutenant governor --
Recording requirements -- Effective date.
(1) Counties sharing a common boundary may, in accordance with the provisions of
Subsection (2) and Article XI, Section 3, of the Utah Constitution, adjust all or part of the
common boundary to move it up to 1,000 feet from its location before the adjustment.
(2) The legislative bodies of both counties desiring to adjust a common boundary in
accordance with Subsection (1) shall:
(a) hold a joint public hearing on the proposed boundary adjustment;
(b) in addition to the regular notice required for public meetings of the county legislative
bodies, mail written notice to all real property owners of record whose property may change
counties as the result of the proposed adjustment; and
(c) adopt a joint resolution approved by both county legislative bodies approving the
proposed boundary adjustment.
(3) The legislative bodies of both counties adopting a joint resolution under Subsection
(2)(c) shall:
(a) within 15 days after adopting the joint resolution, jointly send to the lieutenant
governor:
(i) 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); and
(ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
(b) upon the lieutenant governor's issuance of a certificate of boundary adjustment under
Section 67-1a-6.5, jointly submit to the recorder of the county in which the property is located
after the boundary adjustment:
(i) the original notice of an impending boundary action;
(ii) the original certificate of boundary adjustment;
(iii) the original approved final local entity plat; and
(iv) a certified copy of the joint resolution approving the boundary adjustment.
(4) (a) As used in this Subsection (4):
(i) "Affected area" means an area that, as a result of a boundary adjustment under this
section, is moved from within the boundary of one county to within the boundary of another
county.
(ii) "Receiving county" means a county whose boundary includes an affected area as a
result of a boundary adjustment under this section.
(b) A boundary adjustment under this section takes effect on the date the lieutenant
governor issues a certificate of boundary adjustment under Section 67-1a-6.5.
(c) (i) The effective date of a boundary adjustment for purposes of assessing property
within an affected area is governed by Section 59-2-305.5.
(ii) Until the documents listed in Subsection (3)(b) are recorded in the office of the
recorder of the county in which the property is located, a receiving county may not:
(A) levy or collect a property tax on property within an affected area;
(B) levy or collect an assessment on property within an affected area; or
(C) charge or collect a fee for service provided to property within an affected area.
(5) Upon the effective date of a boundary adjustment under this section:
(a) all territory designated to be adjusted into another county becomes the territory of the
other county; and
(b) the provisions of Sections 17-2-207 and 17-2-208 apply in the same manner as with
an annexation under this part.
Renumbered and Amended by Chapter 350, 2009 General Session
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Last revised: Thursday, May 28, 2009