H.B. 278 Enrolled

MUNICIPAL ANNEXATIONS ACROSS COUNTY
LINES
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: D. Gregg Buxton
This act modifies the Utah Municipal Code by requiring the consent of the legislative
body of the county in which an area proposed for annexation is located if the proposed
annexing municipality is in another county. The act requires notice to affected entities
before an annexation petition is filed. The act also repeals obsolete language.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-2-402, as last amended by Chapter 206, Laws of Utah 2001
10-2-403, as last amended by Chapter 206, Laws of Utah 2001
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-2-402 is amended to read:
10-2-402. Annexation -- Limitations.
(1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be
annexed to the municipality as provided in this part.
(b) An unincorporated area may not be annexed to a municipality unless:
(i) it is a contiguous area;
(ii) it is contiguous to the municipality;
(iii) except as provided in Subsection 10-2-418 (1)(b), annexation will not leave or
create an unincorporated island or peninsula; and
(iv) for an area located in a specified county with respect to an annexation that occurs
after December 31, 2002, the area is within the proposed annexing municipality's expansion
area.
(2) Except as provided in Section 10-2-418 , a municipality may not annex an
unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation.
(3) An annexation under this part may not include part of a parcel of real property and

exclude part of that same parcel unless the owner of that parcel has signed the annexation
petition under Section 10-2-403 .
(4) A municipality may not annex an unincorporated area in a specified county for the
sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to
annex the same or a related area unless the municipality has the ability and intent to benefit the
annexed area by providing municipal services to the annexed area.
(5) The legislative body of a specified county may not approve urban development
within a municipality's expansion area unless:
(a) the county notifies the municipality of the proposed development; and
(b) (i) the municipality consents in writing to the development; or
(ii) (A) within 90 days after the county's notification of the proposed development, the
municipality submits to the county a written objection to the county's approval of the proposed
development; and
(B) the county responds in writing to the municipality's objections.
[(6) (a) Except as provided in Subsection (6)(b), no annexation petition under this part
may be filed with a municipality located within a county of the first class on or after April 30,
2001 until after November 15, 2001, and no municipality located in a county of the first class
may accept an annexation petition under this part during that time.]
[(b) Notwithstanding Subsection (6)(a), an annexation petition may be filed with a
municipality located within a county of the first class and a municipality located in a county of
the first class may accept an annexation petition from April 30, 2001 to November 15, 2001 if
the requirements of Subsection 10-2-405 (1)(b) are met.]
[(c) Nothing in this Subsection (6) may be construed to affect an annexation proceeding
initiated by a petition filed before April 30, 2001.]
(6) (a) An annexation petition may not be filed under this part proposing the annexation
of an area located in a county that is not the county in which the proposed annexing municipality
is located unless the legislative body of the county in which the area is located has adopted a
resolution approving the proposed annexation.

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(b) Each county legislative body that declines to adopt a resolution approving a proposed
annexation described in Subsection (6)(a) shall provide a written explanation of its reasons for
declining to approve the proposed annexation.
Section 2. Section 10-2-403 is amended to read:
10-2-403. Annexation petition -- Requirements -- Notice required before filing.
(1) Except as provided in Section 10-2-418 , the process to annex an unincorporated area
to a municipality is initiated by a petition as provided in this section.
(2) Each petition under Subsection (1) shall:
(a) be filed with the city recorder or town clerk, as the case may be, of the proposed
annexing municipality;
(b) contain the signatures of:
(i) the owners of private real property that:
(A) is located within the area proposed for annexation;
(B) (I) subject to Subsection (2)(b)(i)(B)(II), covers a majority of the private land area
within the area proposed for annexation; and
(II) covers 100% of the private land area within the area proposed for annexation, if the
area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture
Protection Area; and
(C) is equal in value to at least 1/3 of the value of all private real property within the area
proposed for annexation; or
(ii) if all the real property within the area proposed for annexation is owned by a public
entity other than the federal government, the owner of all the publicly owned real property;
(c) be accompanied by:
(i) an accurate and recordable map, prepared by a licensed surveyor, of the area proposed
for annexation; and
(ii) a copy of the notice sent to affected entities as required under Subsection (6) and a
list of the affected entities to which notice was sent;
(d) if the petition proposes the annexation of an area located in a county that is not the

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county in which the proposed annexing municipality is located, be accompanied by a copy of the
resolution, required under Subsection 10-2-402 (6), of the legislative body of the county in which
the area is located; and
[(d)] (e) designate up to five of the signers of the petition as sponsors, one of whom shall
be designated as the contact sponsor, and indicate the mailing address of each sponsor.
(3) A petition under Subsection (1) may not propose the annexation of all or part of an
area proposed for annexation to a municipality in a previously filed petition that has not been
denied, rejected, or granted.
(4) A petition under Subsection (1) proposing the annexation of an area located in a
county of the first class may not propose the annexation of an area that includes some or all of an
area proposed to be incorporated in a request for a feasibility study under Section 10-2-103 or a
petition under Section 10-2-125 if:
(a) the request or petition was filed before the filing of the annexation petition; and
(b) the request, a petition under Section 10-2-109 based on that request, or a petition
under Section 10-2-125 is still pending on the date the annexation petition is filed.
(5) If practicable and feasible, the boundaries of an area proposed for annexation shall be
drawn:
(a) along the boundaries of existing special districts for sewer, water, and other services,
along the boundaries of school districts whose boundaries follow city boundaries or school
districts adjacent to school districts whose boundaries follow city boundaries, and along the
boundaries of other taxing entities;
(b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
services;
(c) to facilitate the consolidation of overlapping functions of local government;
(d) to promote the efficient delivery of services; and
(e) to encourage the equitable distribution of community resources and obligations.
(6) Before filing a petition with the city recorder or town clerk, the petition sponsors
shall send written notice to each affected entity of their intent to file a petition.

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[(6)] (7) On the date of filing, the petition sponsors shall deliver or mail a copy of the
petition to:
(a) the clerk of the county in which the area proposed for annexation is located; and
(b) the chair of the planning commission of each township in which any part of the area
proposed for annexation is located.

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