7 LONG TITLE
8 General Description:
9 This bill addresses municipal annexation of unincorporated islands.
10 Highlighted Provisions:
11 This bill:
12 ▸ clarifies provisions regarding municipal annexation of certain unincorporated
14 ▸ modifies annexation procedures to allow a municipality to annex certain
15 unincorporated islands without allowing or considering protests under certain
17 ▸ provides for a recommendation of annexation from a county legislative body; and
18 ▸ makes technical and conforming changes.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 10-2-402, as last amended by Laws of Utah 2015, Chapters 352 and 462
26 10-2-418, as last amended by Laws of Utah 2015, Chapter 352
27 10-2a-402, as enacted by Laws of Utah 2015, Chapter 352
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 10-2-402 is amended to read:
31 10-2-402. Annexation -- Limitations.
32 (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be
33 annexed to the municipality as provided in this part.
34 (b) An unincorporated area may not be annexed to a municipality unless:
35 (i) it is a contiguous area;
36 (ii) it is contiguous to the municipality;
37 (iii) annexation will not leave or create an unincorporated island or unincorporated
39 (A) except as provided in Subsection [
40 (B) unless the county and municipality have otherwise agreed; and
41 (iv) for an area located in a specified county with respect to an annexation that occurs
42 after December 31, 2002, the area is within the proposed annexing municipality's expansion
44 (2) Except as provided in Section 10-2-418, a municipality may not annex an
45 unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation.
46 (3) (a) An annexation under this part may not include part of a parcel of real property
47 and exclude part of that same parcel unless the owner of that parcel has signed the annexation
48 petition under Section 10-2-403.
49 (b) A piece of real property that has more than one parcel number is considered to be a
50 single parcel for purposes of Subsection (3)(a) if owned by the same owner.
51 (4) A municipality may not annex an unincorporated area in a specified county for the
52 sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to
53 annex the same or a related area unless the municipality has the ability and intent to benefit the
54 annexed area by providing municipal services to the annexed area.
55 (5) The legislative body of a specified county may not approve urban development
56 within a municipality's expansion area unless:
57 (a) the county notifies the municipality of the proposed development; and
58 (b) (i) the municipality consents in writing to the development; or
59 (ii) (A) within 90 days after the county's notification of the proposed development, the
60 municipality submits to the county a written objection to the county's approval of the proposed
61 development; and
62 (B) the county responds in writing to the municipality's objections.
63 (6) (a) An annexation petition may not be filed under this part proposing the
64 annexation of an area located in a county that is not the county in which the proposed annexing
65 municipality is located unless the legislative body of the county in which the area is located has
66 adopted a resolution approving the proposed annexation.
67 (b) Each county legislative body that declines to adopt a resolution approving a
68 proposed annexation described in Subsection (6)(a) shall provide a written explanation of its
69 reasons for declining to approve the proposed annexation.
70 (7) (a) As used in this Subsection (7), "airport" means an area that the Federal Aviation
71 Administration has, by a record of decision, approved for the construction or operation of a
72 Class I, II, or III commercial service airport, as designated by the Federal Aviation
73 Administration in 14 C.F.R. Part 139.
74 (b) A municipality may not annex an unincorporated area within 5,000 feet of the
75 center line of any runway of an airport operated or to be constructed and operated by another
76 municipality unless the legislative body of the other municipality adopts a resolution
77 consenting to the annexation.
78 (c) A municipality that operates or intends to construct and operate an airport and does
79 not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b)
80 may not deny an annexation petition proposing the annexation of that same area to that
82 (8) (a) A municipality may not annex an unincorporated area located within a project
83 area described in a project area plan adopted by the military installation development authority
84 under Title 63H, Chapter 1, Military Installation Development Authority Act, without the
85 authority's approval.
86 (b) (i) Except as provided in Subsection (8)(b)(ii), the Military Installation
87 Development Authority may petition for annexation of a project area and contiguous
88 surrounding land to a municipality as if it was the sole private property owner of the project
89 area and surrounding land, if the area to be annexed is entirely contained within the boundaries
90 of a military installation.
91 (ii) Before petitioning for annexation under Subsection (8)(b)(i), the Military
92 Installation Development Authority shall provide the military installation with a copy of the
93 petition for annexation. The military installation may object to the petition for annexation
94 within 14 days of receipt of the copy of the annexation petition. If the military installation
95 objects under this Subsection (8)(b)(ii), the Military Installation Development Authority may
96 not petition for the annexation as if it was the sole private property owner.
97 (iii) If any portion of an area annexed under a petition for annexation filed by a
98 Military Installation Development Authority is located in a specified county:
99 (A) the annexation process shall follow the requirements for a specified county; and
100 (B) the provisions of Subsection 10-2-402(6) do not apply.
101 Section 2. Section 10-2-418 is amended to read:
102 10-2-418. Annexation of an island or peninsula without a petition -- Notice --
104 (1) [
105 accordance with this section of an area located within a county of the first class,
106 "municipal-type services" [
107 provided by a municipality pursuant to a contract that the municipality has with another
108 political subdivision as "political subdivision" is defined in Section 17B-1-102.
109 (2) [
110 unincorporated area under this section without an annexation petition if:
112 within or unincorporated peninsulas contiguous to the municipality;
116 services; and
118 the area for more than one year;
120 within or unincorporated peninsulas contiguous to the municipality, each of which has fewer
121 than 800 residents; and
123 for at least one year; [
126 the municipality; and
128 more than 50 acres; and
130 and the municipality agree that the area should be included within the municipality[
131 (d) (i) the area to be annexed consists Ŝ→ only ←Ŝ of one or more unincorporated islands
131a in a
132 county of the second class;
133 (ii) the area to be annexed is located in the expansion area of a municipality; and
134 (iii) the county legislative body in which the municipality is located provides notice to
135 each property owner within the area to be annexed that:
136 (A) the county legislative body will hold a public hearing, no less than 15 days after the
137 day on which the county legislative body provides the notice; and
138 (B) after the public hearing the county legislative body may make a recommendation of
139 annexation to the municipality whose expansion area includes the area to be annexed.
141 portion of an unincorporated island or unincorporated peninsula under this section, leaving
142 unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:
144 legislative body determines that not annexing the entire unincorporated island or
145 unincorporated peninsula is in the municipality's best interest; and
148 complies with the requirement of Subsection [
151 the first class.
152 (b) A county of the first class shall agree to [
153 private property owners within the area to be annexed [
156 accordance with Subsection (4)(d), to the recorder of the annexing municipality.
157 (c) For purposes of Subsection [
158 is property owners who own:
159 (i) the majority of the total private land area within the area proposed for annexation;
161 (ii) private real property equal to at least one half the value of private real property
162 within the area proposed for annexation.
163 (d) [
164 consent on a form which includes language in substantially the following form:
165 "Notice: If this written consent is used to proceed with an annexation of your property
166 in accordance with Utah Code Section 10-2-418, no public election is required by law to
167 approve the annexation. If you sign this consent and later decide you do not want to support
168 the annexation of your property, you may withdraw your signature by submitting a signed,
169 written withdrawal with the recorder or clerk of [name of annexing municipality]. If you
170 choose to withdraw your signature, you must do so no later than the close of the public hearing
171 on the annexation conducted in accordance with Utah Code Subsection [
173 (e) A private property owner may withdraw the property owner's signature indicating
174 consent by submitting a signed, written withdrawal with the recorder or clerk no later than the
175 close of the public hearing held in accordance with Subsection [
177 this section shall:
179 the area, describing the area proposed to be annexed;
182 general circulation within the municipality and the area proposed for annexation; or
184 Subsection [
185 within those areas that are most likely to give notice to the residents of those areas; and
189 (i) the board of each local district and special service district whose boundaries
190 contain some or all of the area proposed for annexation; and [
191 (ii) the legislative body of the county in which the area proposed for annexation is
192 located; and
194 the adoption of the resolution under Subsection [
195 (6) The legislative body of the annexing municipality shall ensure that:
197 (i) [
198 its intent to annex the area proposed for annexation;
199 (ii) [
201 (iii) [
202 (iv) except for an annexation that meets the property owner consent requirements of
203 Subsection [
204 Subsection (7)(c), states in conspicuous and plain terms that the municipal legislative body will
205 annex the area unless, at or before the public hearing under Subsection [
206 written protests to the annexation are filed by the owners of private real property that:
207 (A) is located within the area proposed for annexation;
208 (B) covers a majority of the total private land area within the entire area proposed for
209 annexation; and
210 (C) is equal in value to at least 1/2 the value of all private real property within the
211 entire area proposed for annexation[
214 resolution under Subsection [
216 conclusion of the public hearing under Subsection [
217 body may adopt an ordinance approving the annexation of the area proposed for annexation
218 under this section unless, at or before the hearing, written protests to the annexation have been
219 filed with the [
220 municipality by the owners of private real property that:
221 (i) is located within the area proposed for annexation;
222 (ii) covers a majority of the total private land area within the entire area proposed for
223 annexation; and
224 (iii) is equal in value to at least 1/2 the value of all private real property within the
225 entire area proposed for annexation.
226 (b) (i) [
227 under Subsection [
228 annexation of the area proposed for annexation under this section without allowing or
229 considering protests under Subsection [
230 private land area within the entire area proposed for annexation, representing at least 75% of
231 the value of the private real property within the entire area proposed for annexation, have
232 consented in writing to the annexation.
233 (ii) Upon the effective date under Section 10-2-425 of an annexation approved by an
234 ordinance adopted under Subsection [
235 conclusively presumed to be validly annexed.
236 (c) (i) Notwithstanding Subsection (7)(a), upon conclusion of the public hearing under
237 Subsection (5)(d), a municipality may adopt an ordinance approving the annexation of an area
238 that the county legislative body proposes for annexation under this section without allowing or
239 considering protests under Subsection (7)(a) if the county legislative body has formally
240 recommended annexation to the annexing municipality and has made a formal finding that:
241 (A) the area to be annexed can be more efficiently served by the municipality than by
242 the county;
243 (B) the area to be annexed is not likely to be naturally annexed by the municipality in
244 the future as the result of urban development;
245 (C) annexation of the area is likely to facilitate the consolidation of overlapping
246 functions of local government; and
247 (D) annexation of the area is likely to result in an equitable distribution of community
248 resources and obligations.
249 (ii) The county legislative body may base the finding required in Subsection
250 (7)(c)(i)(B) on:
251 (A) existing development in the area;
252 (B) natural or other conditions that may limit the future development of the area; or
253 (C) other factors that the county legislative body considers relevant.
254 (iii) A county legislative body may make the recommendation for annexation required
255 in Subsection (7)(c)(i) for only a portion of an unincorporated island if, as a result of
256 information provided at the public hearing, the county legislative body makes a formal finding
257 that it would be equitable to leave a portion of the island unincorporated.
258 (iv) If a county legislative body has made a recommendation of annexation under
259 Subsection (7)(c)(i):
260 (A) the relevant municipality is not required to proceed with the recommended
261 annexation; and
262 (B) if the relevant municipality proceeds with annexation, the municipality shall annex
263 the entire area that the county legislative body recommended for annexation.
264 (v) Upon the effective date under Section 10-2-425 of an annexation approved by an
265 ordinance adopted under Subsection (7)(c)(i), the area annexed is conclusively presumed to be
266 validly annexed.
268 are timely filed that comply with Subsection [
269 not adopt an ordinance approving the annexation of the area proposed for annexation, and the
270 annexation proceedings under this section shall be considered terminated.
271 (b) Subsection [
272 legislative body from excluding from a proposed annexation under Subsection [
273 (2)(b) the property within an unincorporated island regarding which protests have been filed
274 and proceeding under Subsection [
275 the unincorporated island.
276 Section 3. Section 10-2a-402 is amended to read:
277 10-2a-402. Application.
278 (1) The provisions of this part:
281 (i) located in a county of the first class; and
282 (ii) established before January 1, 2015; and
285 (b) do not apply to a planning advisory area, as defined in Section 17-27a-103, or any
286 other unincorporated area located outside of a county of the first or second class.
287 (2) (a) The provisions of Part 2, Incorporation of a City, and Part 3, Incorporation of a
288 Town, apply to an unincorporated area described in Subsection (1) for an incorporation as a
289 city after November 3, 2015.
290 (b) The provisions of Chapter 2, Part 4, Annexation[
291 island that is not annexed at an election under this part for purposes of annexation on or after
292 November 4, 2015.
Legislative Review Note
Office of Legislative Research and General Counsel