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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to municipal annexation.
10 Highlighted Provisions:
11 This bill:
12 ▸ repeals provisions that allow a municipality to annex certain unincorporated areas
13 without an annexation petition; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 10-2-402, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 15
22 10-2-418, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 15
23 17B-1-503, as last amended by Laws of Utah 2020, Chapter 208
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 10-2-402 is amended to read:
27 10-2-402. Annexation -- Limitations.
28 (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be
29 annexed to the municipality as provided in this part.
30 (b) Except as provided in Subsection (1)(c), an unincorporated area may not be annexed
31 to a municipality unless:
32 (i) it is a contiguous area;
33 (ii) it is contiguous to the municipality;
34 (iii) annexation will not leave or create an unincorporated island or unincorporated
35 peninsula:
36 (A) except as provided in Subsection 10-2-418(3) [
37 (B) unless the county and municipality have otherwise agreed; and
38 (iv) for an area located in a specified county with respect to an annexation that occurs
39 after December 31, 2002, the area is within the proposed annexing municipality's expansion area.
40 (c) A municipality may annex an unincorporated area within a specified county that does
41 not meet the requirements of Subsection (1)(b), leaving or creating an unincorporated island or
42 unincorporated peninsula, if:
43 (i) the area is within the annexing municipality's expansion area;
44 (ii) the specified county in which the area is located and the annexing municipality agree
45 to the annexation;
46 (iii) the area is not within the area of another municipality's annexation policy plan, unless
47 the other municipality agrees to the annexation; and
48 (iv) the annexation is for the purpose of providing municipal services to the area.
49 (2) Except as provided in Section 10-2-418, a municipality may not annex an
50 unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation.
51 (3) (a) An annexation under this part may not include part of a parcel of real property and
52 exclude part of that same parcel unless the owner of that parcel has signed the annexation petition
53 under Section 10-2-403.
54 (b) A piece of real property that has more than one parcel number is considered to be a
55 single parcel for purposes of Subsection (3)(a) if owned by the same owner.
56 (4) A municipality may not annex an unincorporated area in a specified county for the
57 sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to
58 annex the same or a related area unless the municipality has the ability and intent to benefit the
59 annexed area by providing municipal services to the annexed area.
60 (5) (a) As used in this subsection, "expansion area urban development" means:
61 (i) for a specified county, urban development within a city or town's expansion area; or
62 (ii) for a county of the first class, urban development within a city or town's expansion
63 area that:
64 (A) consists of 50 or more acres;
65 (B) requires the county to change the zoning designation of the land on which the urban
66 development is located; and
67 (C) does not include commercial or industrial development that is located within a mining
68 protection area as defined in Section 17-41-101, regardless of whether the commercial or
69 industrial development is for a mining use as defined in Section 17-41-101.
70 (b) A county legislative body may not approve expansion area urban development unless:
71 (i) the county notifies the city or town of the proposed development; and
72 (ii) (A) the city or town consents in writing to the development;
73 (B) within 90 days after the county's notification of the proposed development, the city or
74 town submits to the county a written objection to the county's approval of the proposed
75 development and the county responds in writing to the city or town's objection; or
76 (C) the city or town fails to respond to the county's notification of the proposed
77 development within 90 days after the day on which the county provides the notice.
78 (6) (a) An annexation petition may not be filed under this part proposing the annexation of
79 an area located in a county that is not the county in which the proposed annexing municipality is
80 located unless the legislative body of the county in which the area is located has adopted a
81 resolution approving the proposed annexation.
82 (b) Each county legislative body that declines to adopt a resolution approving a proposed
83 annexation described in Subsection (6)(a) shall provide a written explanation of its reasons for
84 declining to approve the proposed annexation.
85 (7) (a) As used in this Subsection (7), "airport" means an area that the Federal Aviation
86 Administration has, by a record of decision, approved for the construction or operation of a Class
87 I, II, or III commercial service airport, as designated by the Federal Aviation Administration in 14
88 C.F.R. Part 139.
89 (b) A municipality may not annex an unincorporated area within 5,000 feet of the center
90 line of any runway of an airport operated or to be constructed and operated by another
91 municipality unless the legislative body of the other municipality adopts a resolution consenting to
92 the annexation.
93 (c) A municipality that operates or intends to construct and operate an airport and does
94 not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b) may
95 not deny an annexation petition proposing the annexation of that same area to that municipality.
96 (8) (a) As used in this subsection, "project area" means a project area as defined in
97 Section 63H-1-102 that is in a project area plan as defined in Section 63H-1-102 adopted by the
98 Military Installation Development Authority under Title 63H, Chapter 1, Military Installation
99 Development Authority Act.
100 (b) A municipality may not annex an unincorporated area located within a project area
101 without the authority's approval.
102 (c) (i) Except as provided in Subsection (8)(c)(ii), the Military Installation Development
103 Authority may petition for annexation of the following areas to a municipality as if it was the sole
104 private property owner within the area:
105 (A) an area within a project area;
106 (B) an area that is contiguous to a project area and within the boundaries of a military
107 installation;
108 (C) an area owned by the Military Installation Development Authority; and
109 (D) an area that is contiguous to an area owned by the Military Installation Development
110 Authority that the Military Installation Development Authority plans to add to an existing project
111 area.
112 (ii) If any portion of an area annexed under a petition for annexation filed by the Military
113 Installation Development Authority is located in a specified county:
114 (A) the annexation process shall follow the requirements for a specified county; and
115 (B) the provisions of Subsection 10-2-402(6) do not apply.
116 Section 2. Section 10-2-418 is amended to read:
117 10-2-418. Annexation of an island or peninsula without a petition -- Notice --
118 Hearing.
119 (1) As used in Subsection (2)(b)(ii), for purposes of an annexation conducted in
120 accordance with this section of an area located within a county of the first class, "municipal-type
121 services" does not include a service provided by a municipality pursuant to a contract that the
122 municipality has with another political subdivision as "political subdivision" is defined in Section
123 17B-1-102.
124 (2) Notwithstanding Subsection 10-2-402(2), a municipality may annex an unincorporated
125 area under this section without an annexation petition if:
126 (a) for an unincorporated area within the expansion area of more than one municipality,
127 each municipality agrees to the annexation; and
128 (b) (i) (A) the area to be annexed consists of one or more unincorporated islands within
129 or unincorporated peninsulas contiguous to the municipality;
130 (B) the majority of each island or peninsula consists of residential or commercial
131 development;
132 (C) the area proposed for annexation requires the delivery of municipal-type services;
133 and
134 (D) the municipality has provided most or all of the municipal-type services to the area
135 for more than one year;
136 (ii) (A) the area to be annexed consists of one or more unincorporated islands within or
137 unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
138 residents; and
139 (B) the municipality has provided one or more municipal-type services to the area for at
140 least one year;
141 (iii) the area consists of:
142 (A) an unincorporated island within or an unincorporated peninsula contiguous to the
143 municipality; and
144 (B) for an area outside of the county of the first class proposed for annexation, no more
145 than 50 acres; or
146 (iv) (A) the area to be annexed consists only of one or more unincorporated islands in a
147 county of the second class;
148 (B) the area to be annexed is located in the expansion area of a municipality; and
149 (C) the county legislative body in which the municipality is located provides notice to each
150 property owner within the area to be annexed that the county legislative body will hold a public
151 hearing, no less than 15 days after the day on which the county legislative body provides the
152 notice, and may make a recommendation of annexation to the municipality whose expansion area
153 includes the area to be annexed after the public hearing.
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170 portion of an unincorporated island or unincorporated peninsula under this section, leaving
171 unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:
172 (a) in adopting the resolution under Subsection [
173 determines that not annexing the entire unincorporated island or unincorporated peninsula is in the
174 municipality's best interest; and
175 (b) for an annexation of one or more unincorporated islands under Subsection (2)(b), the
176 entire island of unincorporated area, of which a portion is being annexed, complies with the
177 requirement of Subsection (2)(b)(ii) relating to the number of residents.
178 [
179 class.
180 (b) A county of the first class shall agree to an annexation if the majority of private
181 property owners within the area to be annexed give written consent to the annexation, in
182 accordance with Subsection [
183 (c) For purposes of Subsection [
184 property owners who own:
185 (i) the majority of the total private land area within the area proposed for annexation; and
186 (ii) private real property equal to at least 1/2 the value of private real property within the
187 area proposed for annexation.
188 (d) A property owner consenting to annexation shall indicate the property owner's
189 consent on a form which includes language in substantially the following form:
190 "Notice: If this written consent is used to proceed with an annexation of your property in
191 accordance with Utah Code Section 10-2-418, no public election is required by law to approve the
192 annexation. If you sign this consent and later decide you do not want to support the annexation of
193 your property, you may withdraw your signature by submitting a signed, written withdrawal with
194 the recorder or clerk of [name of annexing municipality]. If you choose to withdraw your
195 signature, you must do so no later than the close of the public hearing on the annexation conducted
196 in accordance with Utah Code Subsection 10-2-418[
197 (e) A private property owner may withdraw the property owner's signature indicating
198 consent by submitting a signed, written withdrawal with the recorder or clerk no later than the
199 close of the public hearing held in accordance with Subsection [
200 [
201 section shall:
202 (a) adopt a resolution indicating the municipal legislative body's intent to annex the area,
203 describing the area proposed to be annexed; and
204 (b) hold a public hearing on the proposed annexation no earlier than 30 days after the
205 adoption of the resolution described in Subsection [
206 [
207 public hearing described in Subsection [
208 (a) (i) at least once a week for three successive weeks before the public hearing in a
209 newspaper of general circulation within the municipality and the area proposed for annexation;
210 (ii) if there is no newspaper of general circulation in the combined area described in
211 Subsection [
212 notice, and at least one additional notice per 2,000 population in the combined area, in places
213 within the combined area that are most likely to give notice to the residents within, and the owners
214 of real property located within, the combined area; or
215 (iii) at least three weeks before the day of the public hearing, by mailing notice to each
216 residence within, and each owner of real property located within, the combined area described in
217 Subsection [
218 (b) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks
219 before the day of the public hearing;
220 (c) in accordance with Section 45-1-101, for three weeks before the day of the public
221 hearing;
222 (d) by sending written notice to:
223 (i) the board of each local district and special service district whose boundaries contain
224 some or all of the area proposed for annexation; and
225 (ii) the legislative body of the county in which the area proposed for annexation is located;
226 and
227 (e) if the municipality has a website, on the municipality's website for three weeks before
228 the day of the public hearing.
229 [
230 (a) each notice described in Subsection [
231 (i) states that the municipal legislative body has adopted a resolution indicating the
232 municipality's intent to annex the area proposed for annexation;
233 (ii) states the date, time, and place of the public hearing described in Subsection [
234 (5)(b);
235 (iii) describes the area proposed for annexation; and
236 (iv) except for an annexation that meets the requirements of Subsection [
237 (c), states in conspicuous and plain terms that the municipal legislative body will annex the area
238 unless, at or before the public hearing described in Subsection [
239 annexation are filed by the owners of private real property that:
240 (A) is located within the area proposed for annexation;
241 (B) covers a majority of the total private land area within the entire area proposed for
242 annexation; and
243 (C) is equal in value to at least 1/2 the value of all private real property within the entire
244 area proposed for annexation; and
245 (b) the first publication of the notice described in Subsection [
246 days after the day on which the municipal legislative body adopts a resolution under Subsection
247 [
248 [
249 conclusion of the public hearing described in Subsection [
250 may adopt an ordinance approving the annexation of the area proposed for annexation under this
251 section unless, at or before the hearing, written protests to the annexation have been filed with the
252 recorder or clerk of the municipality by the owners of private real property that:
253 (i) is located within the area proposed for annexation;
254 (ii) covers a majority of the total private land area within the entire area proposed for
255 annexation; and
256 (iii) is equal in value to at least 1/2 the value of all private real property within the entire
257 area proposed for annexation.
258 (b) (i) Notwithstanding Subsection [
259 described in Subsection [
260 annexation of the area proposed for annexation under this section without allowing or considering
261 protests under Subsection [
262 area within the entire area proposed for annexation, representing at least 75% of the value of the
263 private real property within the entire area proposed for annexation, have consented in writing to
264 the annexation[
265 [
266 (ii) Upon the effective date under Section 10-2-425 of an annexation approved by an
267 ordinance adopted under Subsection [
268 be validly annexed.
269 (c) (i) Notwithstanding Subsection [
270 described in Subsection [
271 annexation of an area that the county legislative body proposes for annexation under this section
272 without allowing or considering protests under Subsection [
273 has formally recommended annexation to the annexing municipality and has made a formal finding
274 that:
275 (A) the area to be annexed can be more efficiently served by the municipality than by the
276 county;
277 (B) the area to be annexed is not likely to be naturally annexed by the municipality in the
278 future as the result of urban development;
279 (C) annexation of the area is likely to facilitate the consolidation of overlapping functions
280 of local government; and
281 (D) annexation of the area is likely to result in an equitable distribution of community
282 resources and obligations.
283 (ii) The county legislative body may base the finding required in Subsection [
284 (8)(c)(i)(B) on:
285 (A) existing development in the area;
286 (B) natural or other conditions that may limit the future development of the area; or
287 (C) other factors that the county legislative body considers relevant.
288 (iii) A county legislative body may make the recommendation for annexation required in
289 Subsection [
290 information provided at the public hearing, the county legislative body makes a formal finding that
291 it would be equitable to leave a portion of the island unincorporated.
292 (iv) If a county legislative body has made a recommendation of annexation under
293 Subsection [
294 (A) the relevant municipality is not required to proceed with the recommended
295 annexation; and
296 (B) if the relevant municipality proceeds with annexation, the municipality shall annex the
297 entire area that the county legislative body recommended for annexation.
298 (v) Upon the effective date under Section 10-2-425 of an annexation approved by an
299 ordinance adopted under Subsection [
300 be validly annexed.
301 [
302 protests are timely filed under Subsection [
303 an ordinance approving the annexation of the area proposed for annexation, and the annexation
304 proceedings under this section shall be considered terminated.
305 (b) Subsection [
306 from a proposed annexation under Subsection (2)(b) the property within an unincorporated island
307 regarding which protests have been filed and proceeding under Subsection [
308 some or all of the remaining portion of the unincorporated island.
309 Section 3. Section 17B-1-503 is amended to read:
310 17B-1-503. Withdrawal or boundary adjustment with municipal approval.
311 (1) A municipality and a local district whose boundaries adjoin or overlap may adjust the
312 boundary of the local district to include more or less of the municipality, including the expansion
313 area identified in the annexation policy plan adopted by the municipality under Section 10-2-401.5,
314 in the local district by following the same procedural requirements as set forth in Section
315 17B-1-417 for boundary adjustments between adjoining local districts.
316 (2) (a) Notwithstanding any other provision of this title, a municipality annexing all or part
317 of an unincorporated island or peninsula under Title 10, Chapter 2, Classification, Boundaries,
318 Consolidation, and Dissolution of Municipalities, that overlaps a municipal services district
319 organized under Chapter 2a, Part 11, Municipal Services District Act, may petition to withdraw
320 the area from the municipal services district in accordance with this Subsection (2).
321 (b) For a valid withdrawal described in Subsection (2)(a):
322 (i) the annexation petition under Section 10-2-403 or a separate consent, signed by
323 owners of at least 60% of the total private land area, shall state that the signers request the area
324 to be withdrawn from the municipal services district; and
325 (ii) the legislative body of the municipality shall adopt a resolution, which may be the
326 resolution adopted in accordance with Subsection 10-2-418[
327 legislative body's intent to withdraw the area from the municipal services district.
328 (c) The board of trustees of the municipal services district shall consider the
329 municipality's petition to withdraw the area from the municipal services district within 90 days
330 after the day on which the municipal services district receives the petition.
331 (d) The board of trustees of the municipal services district:
332 (i) may hold a public hearing in accordance with the notice and public hearing provisions
333 of Section 17B-1-508;
334 (ii) shall consider information that includes any factual data presented by the municipality
335 and any owner of private real property who signed a petition or other form of consent described in
336 Subsection (2)(b)(i); and
337 (iii) identify in writing the information upon which the board of trustees relies in approving
338 or rejecting the withdrawal.
339 (e) The board of trustees of the municipal services district shall approve the withdrawal,
340 effective upon the annexation of the area into the municipality or, if the municipality has already
341 annexed the area, as soon as possible in the reasonable course of events, if the board of trustees
342 makes a finding that:
343 (i) (A) the loss of revenue to the municipal services district due to a withdrawal of the
344 area will be offset by savings associated with no longer providing municipal-type services to the
345 area; or
346 (B) if the loss of revenue will not be offset by savings resulting from no longer providing
347 municipal-type services to the area, the municipality agreeing to terms and conditions, which may
348 include terms and conditions described in Subsection 17B-1-510(5), can mitigate or eliminate the
349 loss of revenue;
350 (ii) the annexation petition under Section 10-2-403, or a separate petition meeting the
351 same signature requirements, states that the signers request the area to be withdrawn from the
352 municipal services district; or
353 (iii) the following have consented in writing to the withdrawal:
354 (A) owners of more than 60% of the total private land area; or
355 (B) owners of private land equal in assessed value to more than 60% of the assessed
356 value of all private real property within the area proposed for withdrawal have consented in
357 writing to the withdrawal.
358 (f) If the board of trustees of the municipal services district does not make any of the
359 findings described in Subsection (2)(e), the board of trustees may approve or reject the
360 withdrawal based upon information upon which the board of trustees relies and that the board of
361 trustees identifies in writing.
362 (g) (i) If a municipality annexes an island or a part of an island before May 14, 2019, the
363 legislative body of the municipality may initiate the withdrawal of the area from the municipal
364 services district by adopting a resolution that:
365 (A) requests that the area be withdrawn from the municipal services district; and
366 (B) a final local entity plat accompanies, identifying the area proposed to be withdrawn
367 from the municipal services district.
368 (ii) (A) Upon receipt of the resolution and except as provided in Subsection (2)(g)(ii)(B),
369 the board of trustees of the municipal services district shall approve the withdrawal.
370 (B) The board of trustees of the municipal services district may reject the withdrawal if
371 the rejection is based upon a good faith finding that lost revenues due to the withdrawal will
372 exceed expected cost savings resulting from no longer serving the area.
373 (h) (i) Based upon a finding described in Subsection (e) or (f):
374 (A) the board of trustees of the municipal services district shall adopt a resolution
375 approving the withdrawal; and
376 (B) the chair of the board shall sign a notice of impending boundary action, as defined in
377 Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3).
378 (ii) The annexing municipality shall deliver the following to the lieutenant governor:
379 (A) the resolution and notice of impending boundary action described in Subsection
380 (2)(g)(i);
381 (B) a copy of an approved final local entity plat as defined in Section 67-1a-6.5; and
382 (C) any other documentation required by law.
383 (i) (i) Once the lieutenant governor has issued an applicable certificate as defined in
384 Section 67-1a-6.5, the municipality shall deliver the certificate, the resolution and notice of
385 impending boundary action described in Subsection (2)(h)(i), the final local entity plat as defined in
386 Section 67-1a-6.5, and any other document required by law, to the recorder of the county in which
387 the area is located.
388 (ii) After the municipality makes the delivery described in Subsection (2)(i)(i), the area,
389 for all purposes, is no longer part of the municipal services district.
390 (j) The annexing municipality and the municipal services district may enter into an
391 interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, stating:
392 (i) the municipality's and the district's duties and responsibilities in conducting a
393 withdrawal under this Subsection (2); and
394 (ii) any other matter respecting an unincorporated island that the municipality surrounds
395 on all sides.
396 (3) After a boundary adjustment under Subsection (1) or a withdrawal under Subsection
397 (2) is complete:
398 (a) the local district shall, without interruption, provide the same service to any area added
399 to the local district as provided to other areas within the local district; and
400 (b) the municipality shall, without interruption, provide the same service that the local
401 district previously provided to any area withdrawn from the local district.
402 (4) No area within a municipality may be added to the area of a local district under this
403 section if the area is part of a local district that provides the same wholesale or retail service as
404 the first local district.