Chief Sponsor: John R. Westwood

Senate Sponsor: Evan J. Vickers


8     General Description:
9          This bill amends provisions governing the annexation of an unincorporated area.
10     Highlighted Provisions:
11          This bill:
12          ▸     authorizes, in certain circumstances, an annexation that leaves or creates an
13     unincorporated island or peninsula.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          10-2-402, as last amended by Laws of Utah 2011, Chapter 234

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 10-2-402 is amended to read:
24          10-2-402. Annexation -- Limitations.
25          (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be
26     annexed to the municipality as provided in this part.
27          (b) An unincorporated area may not be annexed to a municipality unless:

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

59     adopted a resolution approving the proposed annexation.
60          (b) Each county legislative body that declines to adopt a resolution approving a
61     proposed annexation described in Subsection (6)(a) shall provide a written explanation of its
62     reasons for declining to approve the proposed annexation.
63          (7) (a) As used in this Subsection (7), "airport" means an area that the Federal Aviation
64     Administration has, by a record of decision, approved for the construction or operation of a
65     Class I, II, or III commercial service airport, as designated by the Federal Aviation
66     Administration in 14 C.F.R. Part 139.
67          (b) A municipality may not annex an unincorporated area within 5,000 feet of the
68     center line of any runway of an airport operated or to be constructed and operated by another
69     municipality unless the legislative body of the other municipality adopts a resolution
70     consenting to the annexation.
71          (c) A municipality that operates or intends to construct and operate an airport and does
72     not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b)
73     may not deny an annexation petition proposing the annexation of that same area to that
74     municipality.
75          (8) An annexation petition may not be filed if it proposes the annexation of an area that
76     is within a proposed township in a petition to establish a township under Subsection
77     17-27a-306(1)(c) that has been certified under Subsection 17-27a-306(1)(f), until after the
78     canvass of an election on the proposed township under Subsection 17-27a-306(1)(h).
79          (9) (a) A municipality may not annex an unincorporated area located within a project
80     area described in a project area plan adopted by the military installation development authority
81     under Title 63H, Chapter 1, Military Installation Development Authority Act, without the
82     authority's approval.
83          (b) (i) Except as provided in Subsection (9)(b)(ii), the Military Installation
84     Development Authority may petition for annexation of a project area and contiguous
85     surrounding land to a municipality as if it was the sole private property owner of the project
86     area and surrounding land, if the area to be annexed is entirely contained within the boundaries
87     of a military installation.
88          (ii) Before petitioning for annexation under Subsection (9)(b)(i), the Military
89     Installation Development Authority shall provide the military installation with a copy of the

90     petition for annexation. The military installation may object to the petition for annexation
91     within 14 days of receipt of the copy of the annexation petition. If the military installation
92     objects under this Subsection (9)(b)(ii), the Military Installation Development Authority may
93     not petition for the annexation as if it was the sole private property owner.
94          (iii) If any portion of an area annexed under a petition for annexation filed by a
95     Military Installation Development Authority is located in a specified county:
96          (A) the annexation process shall follow the requirements for a specified county; and
97          (B) the provisions of Subsection 10-2-402(6) do not apply.

Legislative Review Note
     as of 12-8-14 1:21 PM

Office of Legislative Research and General Counsel