Representative Steve Waldrip proposes the following substitute bill:


1     
MUNICIPAL BOUNDARY MODIFICATIONS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Waldrip

5     
Senate Sponsor: Daniel McCay

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to municipal boundaries.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     prohibits a municipality from annexing an area proposed for incorporation after a
14     certain period of time;
15          ▸     establishes a procedure for filing an annexation petition proposing a cross-county
16     annexation;
17          ▸     extends certain notice requirements and signatory rights applicable to annexation to
18     all other counties;
19          ▸     allows an owner of private real property located in a mining protection area to file a
20     protest to an annexation petition;
21          ▸     requires a municipal legislative body to exclude private real property located in a
22     mining protection area from an annexation petition unless the property owner
23     consents;
24          ▸     prohibits an incorporation from excluding part of a parcel of real property unless the
25     property owner consents;

26          ▸     modifies certain landowner notification requirements for incorporation;
27          ▸     allows an owner of real property located in a mining protection area to exclude the
28     owner's property from a proposed incorporation;
29          ▸     extends the time period for certain property owners to exclude property from a
30     proposed incorporation after receiving notice of the proposed incorporation;
31          ▸     establishes a second opportunity for certain property owners to exclude property
32     from a proposed incorporation under certain circumstances;
33          ▸     allows for a feasibility study to be modified if property is subsequently annexed or
34     excluded from the proposed incorporation;
35          ▸     modifies provisions relating to the public hearings required for incorporation;
36          ▸     requires a county clerk to prepare a voter information pamphlet before an
37     incorporation election is held; and
38          ▸     makes technical and conforming changes.
39     Money Appropriated in this Bill:
40          None
41     Other Special Clauses:
42          This bill provides a special effective date.
43     Utah Code Sections Affected:
44     AMENDS:
45          10-2-401, as last amended by Laws of Utah 2015, Chapter 352
46          10-2-401.5, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 15
47          10-2-402, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 7
48          10-2-403, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 15
49          10-2-405, as last amended by Laws of Utah 2015, Chapter 352
50          10-2-407, as last amended by Laws of Utah 2019, Chapter 255
51          10-2-408, as last amended by Laws of Utah 2015, Chapter 352
52          10-2-414, as last amended by Laws of Utah 2015, Chapter 352
53          10-2a-201.5, as enacted by Laws of Utah 2019, Chapter 165
54          10-2a-203, as last amended by Laws of Utah 2019, Chapter 165
55          10-2a-206, as last amended by Laws of Utah 2019, Chapter 165
56          10-2a-207, as last amended by Laws of Utah 2019, Chapters 165, 255 and last amended

57     by Coordination Clause, Laws of Utah 2019, Chapter 165
58          10-2a-210, as last amended by Laws of Utah 2020, Chapter 22
59     ENACTS:
60          10-2-402.5, Utah Code Annotated 1953
61     

62     Be it enacted by the Legislature of the state of Utah:
63          Section 1. Section 10-2-401 is amended to read:
64          10-2-401. Definitions -- Property owner provisions.
65          (1) As used in this part:
66          (a) "Affected entity" means:
67          (i) a county of the first or second class in whose unincorporated area the area proposed
68     for annexation is located;
69          (ii) a county of the third, fourth, fifth, or sixth class in whose unincorporated area the
70     area proposed for annexation is located, if the area includes residents or commercial or
71     industrial development;
72          (iii) a local district under Title 17B, Limited Purpose Local Government Entities -
73     Local Districts, or special service district under Title 17D, Chapter 1, Special Service District
74     Act, whose boundary includes any part of an area proposed for annexation;
75          (iv) a school district whose boundary includes any part of an area proposed for
76     annexation, if the boundary is proposed to be adjusted as a result of the annexation; and
77          (v) a municipality whose boundaries are within 1/2 mile of an area proposed for
78     annexation.
79          (b) "Annexation petition" means a petition under Section 10-2-403 proposing the
80     annexation to a municipality of a contiguous, unincorporated area that is contiguous to the
81     municipality.
82          (c) "Commission" means a boundary commission established under Section 10-2-409
83     for the county in which the property that is proposed for annexation is located.
84          (d) "Expansion area" means the unincorporated area that is identified in an annexation
85     policy plan under Section 10-2-401.5 as the area that the municipality anticipates annexing in
86     the future.
87          (e) "Feasibility consultant" means a person or firm with expertise in the processes and

88     economics of local government.
89          (f) "Mining protection area" means the same as that term is defined in Section
90     17-41-101.
91          [(f)] (g) "Municipal selection committee" means a committee in each county composed
92     of the mayor of each municipality within that county.
93          [(g)] (h) "Planning advisory area" means the same as that term is defined in Section
94     17-27a-306.
95          [(h)] (i) "Private," with respect to real property, means not owned by the United States
96     or any agency of the federal government, the state, a county, a municipality, a school district, a
97     local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, a
98     special service district under Title 17D, Chapter 1, Special Service District Act, or any other
99     political subdivision or governmental entity of the state.
100          (j) "Rural real property" means the same as that term is defined in Section
101     17B-2a-1107.
102          [(i)] (k) "Specified county" means a county of the second, third, fourth, fifth, or sixth
103     class.
104          [(j)] (l) "Unincorporated peninsula" means an unincorporated area:
105          (i) that is part of a larger unincorporated area;
106          (ii) that extends from the rest of the unincorporated area of which it is a part;
107          (iii) that is surrounded by land that is within a municipality, except where the area
108     connects to and extends from the rest of the unincorporated area of which it is a part; and
109          (iv) whose width, at any point where a straight line may be drawn from a place where it
110     borders a municipality to another place where it borders a municipality, is no more than 25% of
111     the boundary of the area where it borders a municipality.
112          [(k)] (m) "Urban development" means:
113          (i) a housing development with more than 15 residential units and an average density
114     greater than one residential unit per acre; or
115          (ii) a commercial or industrial development for which cost projections exceed
116     $750,000 for all phases.
117          (2) For purposes of this part:
118          (a) the owner of real property shall be:

119          (i) except as provided in Subsection (2)(a)(ii), the record title owner according to the
120     records of the county recorder on the date of the filing of the petition or protest; or
121          (ii) the lessee of military land, as defined in Section 63H-1-102, if the area proposed
122     for annexation includes military land that is within a project area described in a project area
123     plan adopted by the military installation development authority under Title 63H, Chapter 1,
124     Military Installation Development Authority Act; and
125          (b) the value of private real property shall be determined according to the last
126     assessment roll for county taxes before the filing of the petition or protest.
127          (3) For purposes of each provision of this part that requires the owners of private real
128     property covering a percentage or majority of the total private land area within an area to sign a
129     petition or protest:
130          (a) a parcel of real property may not be included in the calculation of the required
131     percentage or majority unless the petition or protest is signed by:
132          (i) except as provided in Subsection (3)(a)(ii), owners representing a majority
133     ownership interest in that parcel; or
134          (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
135     of owners of that parcel;
136          (b) the signature of a person signing a petition or protest in a representative capacity on
137     behalf of an owner is invalid unless:
138          (i) the person's representative capacity and the name of the owner the person represents
139     are indicated on the petition or protest with the person's signature; and
140          (ii) the person provides documentation accompanying the petition or protest that
141     substantiates the person's representative capacity; and
142          (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
143     petition or protest on behalf of a deceased owner.
144          Section 2. Section 10-2-401.5 is amended to read:
145          10-2-401.5. Annexation policy plan.
146          (1) [After December 31, 2002, no] No municipality may annex an unincorporated area
147     located within a specified county unless the municipality has adopted an annexation policy plan
148     as provided in this section.
149          (2) To adopt an annexation policy plan:

150          (a) the planning commission shall:
151          (i) prepare a proposed annexation policy plan that complies with Subsection (3);
152          (ii) hold a public meeting to allow affected entities to examine the proposed annexation
153     policy plan and to provide input on it;
154          (iii) provide notice of the public meeting under Subsection (2)(a)(ii) to each affected
155     entity at least 14 days before the meeting;
156          (iv) accept and consider any additional written comments from affected entities until
157     10 days after the public meeting under Subsection (2)(a)(ii);
158          (v) before holding the public hearing required under Subsection (2)(a)(vi), make any
159     modifications to the proposed annexation policy plan the planning commission considers
160     appropriate, based on input provided at or within 10 days after the public meeting under
161     Subsection (2)(a)(ii);
162          (vi) hold a public hearing on the proposed annexation policy plan;
163          (vii) provide reasonable public notice, including notice to each affected entity, of the
164     public hearing required under Subsection (2)(a)(vi) at least 14 days before the date of the
165     hearing;
166          (viii) make any modifications to the proposed annexation policy plan the planning
167     commission considers appropriate, based on public input provided at the public hearing; and
168          (ix) submit [its] the planning commission's recommended annexation policy plan to the
169     municipal legislative body; and
170          (b) the municipal legislative body shall:
171          (i) hold a public hearing on the annexation policy plan recommended by the planning
172     commission;
173          (ii) provide reasonable notice, including notice to each affected entity, of the public
174     hearing at least 14 days before the date of the hearing;
175          (iii) after the public hearing under Subsection (2)(b)(ii), make any modifications to the
176     recommended annexation policy plan that the legislative body considers appropriate; and
177          (iv) adopt the recommended annexation policy plan, with or without modifications.
178          (3) Each annexation policy plan shall include:
179          (a) a map of the expansion area which may include territory located outside the county
180     in which the municipality is located;

181          (b) a statement of the specific criteria that will guide the municipality's decision
182     whether or not to grant future annexation petitions, addressing matters relevant to those criteria
183     including:
184          (i) the character of the community;
185          (ii) the need for municipal services in developed and undeveloped unincorporated
186     areas;
187          (iii) the municipality's plans for extension of municipal services;
188          (iv) how the services will be financed;
189          (v) an estimate of the tax consequences to residents both currently within the municipal
190     boundaries and in the expansion area; and
191          (vi) the interests of all affected entities;
192          (c) justification for excluding from the expansion area any area containing urban
193     development within 1/2 mile of the municipality's boundary; and
194          (d) a statement addressing any comments made by affected entities at or within 10 days
195     after the public meeting under Subsection (2)(a)(ii).
196          (4) In developing, considering, and adopting an annexation policy plan, the planning
197     commission and municipal legislative body shall:
198          (a) attempt to avoid gaps between or overlaps with the expansion areas of other
199     municipalities;
200          (b) consider population growth projections for the municipality and adjoining areas for
201     the next 20 years;
202          (c) consider current and projected costs of infrastructure, urban services, and public
203     facilities necessary:
204          (i) to facilitate full development of the area within the municipality; and
205          (ii) to expand the infrastructure, services, and facilities into the area being considered
206     for inclusion in the expansion area;
207          (d) consider, in conjunction with the municipality's general plan, the need over the next
208     20 years for additional land suitable for residential, commercial, and industrial development;
209          (e) consider the reasons for including agricultural lands, forests, recreational areas, and
210     wildlife management areas in the municipality; and
211          (f) be guided by the principles set forth in Subsection 10-2-403[(6)](5).

212          (5) Within 30 days after adopting an annexation policy plan, the municipal legislative
213     body shall submit a copy of the plan to the legislative body of each county in which any of the
214     municipality's expansion area is located.
215          (6) Nothing in this chapter may be construed to prohibit or restrict two or more
216     municipalities in specified counties from negotiating and cooperating with respect to defining
217     each municipality's expansion area under an annexation policy plan.
218          Section 3. Section 10-2-402 is amended to read:
219          10-2-402. Annexation -- Limitations.
220          (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be
221     annexed to the municipality as provided in this part.
222          (b) Except as provided in Subsection (1)(c), an unincorporated area may not be
223     annexed to a municipality unless:
224          (i) [it] the unincorporated area is a contiguous area;
225          (ii) [it] the unincorporated area is contiguous to the municipality;
226          (iii) annexation will not leave or create an unincorporated island or unincorporated
227     peninsula:
228          (A) except as provided in Subsection 10-2-418(3); or
229          (B) unless the county and municipality have otherwise agreed; and
230          (iv) for an area located in a specified county [with respect to an annexation that occurs
231     after December 31, 2002], the area is within the proposed annexing municipality's expansion
232     area.
233          (c) A municipality may annex an unincorporated area within a specified county that
234     does not meet the requirements of Subsection (1)(b), leaving or creating an unincorporated
235     island or unincorporated peninsula, if:
236          (i) the area is within the annexing municipality's expansion area;
237          (ii) the specified county in which the area is located and the annexing municipality
238     agree to the annexation;
239          (iii) the area is not within the area of another municipality's annexation policy plan,
240     unless the other municipality agrees to the annexation; and
241          (iv) the annexation is for the purpose of providing municipal services to the area.
242          (2) Except as provided in Section 10-2-418, a municipality may not annex an

243     unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation.
244          (3) (a) An annexation under this part may not include part of a parcel of real property
245     and exclude part of that same parcel unless the owner of that parcel has signed the annexation
246     petition under Section 10-2-403.
247          (b) A piece of real property that has more than one parcel number is considered to be a
248     single parcel for purposes of Subsection (3)(a) if owned by the same owner.
249          (4) A municipality may not annex an unincorporated area in a specified county for the
250     sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to
251     annex the same or a related area unless the municipality has the ability and intent to benefit the
252     annexed area by providing municipal services to the annexed area.
253          (5) (a) As used in this subsection, "expansion area urban development" means:
254          (i) for a specified county, urban development within a city or town's expansion area; or
255          (ii) for a county of the first class, urban development within a city or town's expansion
256     area that:
257          (A) consists of 50 or more acres;
258          (B) requires the county to change the zoning designation of the land on which the
259     urban development is located; and
260          (C) does not include commercial or industrial development that is located within a
261     mining protection area as defined in Section 17-41-101, regardless of whether the commercial
262     or industrial development is for a mining use as defined in Section 17-41-101.
263          (b) A county legislative body may not approve expansion area urban development
264     unless:
265          (i) the county notifies the city or town of the proposed development; and
266          (ii) (A) the city or town consents in writing to the development;
267          (B) within 90 days after the county's notification of the proposed development, the city
268     or town submits to the county a written objection to the county's approval of the proposed
269     development and the county responds in writing to the city or town's objection; or
270          (C) the city or town fails to respond to the county's notification of the proposed
271     development within 90 days after the day on which the county provides the notice.
272          [(6) (a) An annexation petition may not be filed under this part proposing the
273     annexation of an area located in a county that is not the county in which the proposed annexing

274     municipality is located unless the legislative body of the county in which the area is located has
275     adopted a resolution approving the proposed annexation.]
276          [(b) Each county legislative body that declines to adopt a resolution approving a
277     proposed annexation described in Subsection (6)(a) shall provide a written explanation of its
278     reasons for declining to approve the proposed annexation.]
279          [(7)] (6) (a) As used in this Subsection [(7)] (6), "airport" means an area that the
280     Federal Aviation Administration has, by a record of decision, approved for the construction or
281     operation of a Class I, II, or III commercial service airport, as designated by the Federal
282     Aviation Administration in 14 C.F.R. Part 139.
283          (b) A municipality may not annex an unincorporated area within 5,000 feet of the
284     center line of any runway of an airport operated or to be constructed and operated by another
285     municipality unless the legislative body of the other municipality adopts a resolution
286     consenting to the annexation.
287          (c) A municipality that operates or intends to construct and operate an airport and does
288     not adopt a resolution consenting to the annexation of an area described in Subsection [(7)]
289     (6)(b) may not deny an annexation petition proposing the annexation of that same area to that
290     municipality.
291          [(8)] (7) (a) As used in this [subsection] Subsection (7), "project area" means a project
292     area as defined in Section 63H-1-102 that is in a project area plan as defined in Section
293     63H-1-102 adopted by the Military Installation Development Authority under Title 63H,
294     Chapter 1, Military Installation Development Authority Act.
295          (b) A municipality may not annex an unincorporated area located within a project area
296     without the authority's approval.
297          (c) (i) Except as provided in Subsection [(8)] (7)(c)(ii), the Military Installation
298     Development Authority may petition for annexation of the following areas to a municipality as
299     if [it] the Military Installation Development Authority was the sole private property owner
300     within the area:
301          (A) an area within a project area;
302          (B) an area that is contiguous to a project area and within the boundaries of a military
303     installation;
304          (C) an area owned by the Military Installation Development Authority; and

305          (D) an area that is contiguous to an area owned by the Military Installation
306     Development Authority that the Military Installation Development Authority plans to add to an
307     existing project area.
308          (ii) If any portion of an area annexed under a petition for annexation filed by the
309     Military Installation Development Authority is located in a specified county:
310          (A) the annexation process shall follow the requirements for a specified county; and
311          (B) the provisions of [Subsection 10-2-402(6)] Section 10-2-402.5 do not apply.
312          (8) A municipality may not annex an unincorporated area if:
313          (a) the area is proposed for incorporation in:
314          (i) a feasibility study conducted under Section 10-2a-205; or
315          (ii) a supplemental feasibility study conducted under Section 10-2a-206;
316          (b) the lieutenant governor completes the first public hearing on the proposed
317     incorporation under Subsection 10-2a-207(4); and
318          (c) the time period for a specified landowner, as defined in Section 10-2a-203, to
319     request that the lieutenant governor exclude the specified landowner's property from the
320     proposed incorporation under Subsection 10-2a-207(5)(a) has expired.
321          Section 4. Section 10-2-402.5 is enacted to read:
322          10-2-402.5. Cross-county annexation -- Requirements.
323          (1) As used in this section:
324          (a) "Affected county" means the county in which an area proposed for cross-county
325     annexation is located.
326          (b) "Affected municipality" means a municipality:
327          (i) located in an affected county; and
328          (ii) whose expansion area includes the area proposed for cross-county annexation.
329          (c) "Applicant" means a person intending to file an annexation petition proposing a
330     cross-county annexation.
331          (d) "Cross-county annexation" means the annexation of an area located in a county that
332     is not the county in which the proposed annexing municipality is located.
333          (e) "Specified public utility" means the same as that term is defined in Section
334     10-9a-103.
335          (2) An applicant may not file a petition under Section 10-2-403 proposing a cross-

336     county annexation unless:
337          (a) the applicant sends a written notice of intent to file a petition proposing a
338     cross-county annexation to the legislative body of each affected municipality describing:
339          (i) the area proposed for cross-county annexation; and
340          (ii) the proposed annexing municipality;
341          (b) the proposed annexing municipality adopts or amends the municipality's annexation
342     policy plan under Section 10-2-401.5 to include the area proposed for cross-county annexation
343     within the proposed annexing municipality's expansion area;
344          (c) the applicant files a request to approve the proposed cross-county annexation with
345     the legislative body of the affected county:
346          (i) no sooner than 90 days after the day on which the applicant sends the written notice
347     described in Subsection (2)(a) to each affected municipality; and
348          (ii) no later than 180 days after the day on which the applicant sends the written notice
349     described in Subsection (2)(a) to each affected municipality;
350          (d) a feasibility consultant conducts a feasibility study in accordance with Subsection
351     (3), unless the feasibility study is waived under Subsection (3)(b); and
352          (e) the legislative body of the affected county:
353          (i) holds a public hearing in accordance with Subsection (4); and
354          (ii) adopts the resolution described in Subsection (4)(a)(iii)(A).
355          (3) (a) Within 60 days after the day on which a legislative body of an affected county
356     receives the request described in Subsection (2)(c), or within a time period longer than 60 days
357     if agreed to by the legislative body of the affected county and the applicant, the legislative body
358     of the affected county and the applicant shall jointly select and engage a feasibility consultant
359     to:
360          (i) conduct a feasibility study on the proposed cross-county annexation; and
361          (ii) submit written results of the feasibility study to the legislative body of the affected
362     county and the applicant no later than 90 days after the day on which the feasibility consultant
363     is engaged to conduct the feasibility study.
364          (b) The legislative body of the affected county may waive the requirement for a
365     feasibility study under Subsection (3)(a).
366          (c) The feasibility study under Subsection (3)(a) shall determine:

367          (i) whether the proposed cross-county annexation eliminates, leaves, or creates an
368     unincorporated island or unincorporated peninsula;
369          (ii) the fiscal impact of the proposed cross-county annexation on:
370          (A) the affected county;
371          (B) affected municipalities;
372          (C) specified public utilities that serve the area proposed for cross-county annexation;
373     and
374          (D) affected entities;
375          (iii) the estimated cost that the proposed annexing municipality would incur to provide
376     governmental services in the area proposed for cross-county annexation during the current
377     fiscal year;
378          (iv) the estimated revenue that the proposed annexing municipality would receive from
379     the area proposed for cross-county annexation during the current fiscal year; and
380          (v) (A) each entity that has provided municipal-type services in the area proposed for
381     cross-county annexation;
382          (B) the methods under which each entity described in Subsection (3)(c)(v)(A) has
383     provided municipal-type services in the area proposed for cross-county annexation; and
384          (C) the feasibility of the proposed annexing municipality providing municipal-type
385     services in the area proposed for cross-county annexation.
386          (d) For purposes of Subsection (3)(c)(iv), the feasibility consultant shall assume that
387     the ad valorem property tax rate on property within the area proposed for cross-county
388     annexation is the same property tax rate that the proposed annexing municipality currently
389     imposes on property within the municipality.
390          (e) The applicant and the affected county shall share equally the feasibility consultant
391     fees and expenses.
392          (4) (a) A legislative body of an affected county shall hold, within 30 days after the day
393     on which the legislative body receives the written results of the feasibility study under
394     Subsection (3)(a) or waives the requirement for a feasibility study under Subsection (3)(b), a
395     public hearing to:
396          (i) determine whether the requirements described in Subsections (2)(a) and (b) have
397     been met;

398          (ii) consider the results of the feasibility study under Subsection (3)(a), unless the
399     feasibility study is waived under Subsection (3)(b); and
400          (iii) (A) adopt a resolution approving the proposed cross-county annexation; or
401          (B) adopt a resolution rejecting the proposed cross-county annexation.
402          (b) The legislative body of the affected county shall send, at least 15 days before the
403     day on which the public hearing described in Subsection (4)(a) occurs, written notice of the
404     public hearing to:
405          (i) the applicant;
406          (ii) each residence within, and to each owner of real property located within:
407          (A) the area proposed for cross-county annexation; and
408          (B) 300 feet of the area proposed for cross-county annexation;
409          (iii) the legislative body of:
410          (A) the proposed annexing municipality; and
411          (B) the county in which the proposed annexing municipality is located;
412          (iv) each specified public utility that serves the area proposed for cross-county
413     annexation;
414          (v) each affected municipality; and
415          (vi) each affected entity.
416          (c) At the public hearing described in Subsection (4)(a), the legislative body of the
417     affected county shall allow the individuals present to speak to the proposed cross-county
418     annexation.
419          (d) A legislative body of an affected county may not adopt a resolution rejecting a
420     proposed cross-county annexation under this section unless the legislative body determines
421     that:
422          (i) the requirements described in Subsections (2)(a) and (b) have not been met; or
423          (ii) the results of the feasibility study under Subsection (3)(a) show that:
424          (A) the proposed cross-county annexation would impose a substantial burden on the
425     affected county;
426          (B) the estimated revenue under Subsection (3)(c)(iv) exceeds the estimated cost to
427     provide governmental services under Subsection (3)(c)(iii) by more than 5%; or
428          (C) it would not be feasible for the proposed annexing municipality to provide

429     municipal-type services in the area proposed for cross-county annexation.
430          (e) A legislative body of an affected county that adopts a resolution rejecting a
431     proposed cross-county annexation under this section shall provide to the applicant a written
432     explanation of the legislative body's decision.
433          (f) A legislative body of an affected county may adopt a resolution approving a
434     proposed cross-county annexation under this section regardless of the results of a feasibility
435     study under Subsection (3)(a).
436          (5) (a) A party adversely affected by a legislative body of an affected county's decision
437     under Subsection (4)(a) may, within 30 days after the day on which the legislative body issues
438     the legislative body's decision, file a petition for review of the decision in the district court with
439     jurisdiction in the affected county.
440          (b) The district court shall defer to the legislative body of the affected county's decision
441     under Subsection (4)(a) unless the court determines that the decision is arbitrary, capricious, or
442     unlawful.
443          (6) Section 10-2-418 does not apply to a cross-county annexation.
444          Section 5. Section 10-2-403 is amended to read:
445          10-2-403. Annexation petition -- Requirements -- Notice required before filing.
446          (1) Except as provided in Section 10-2-418, the process to annex an unincorporated
447     area to a municipality is initiated by a petition as provided in this section.
448          (2) (a) (i) Before filing a petition under Subsection (1) [with respect to the proposed
449     annexation of an area located in a county of the first class], the person or persons intending to
450     file a petition shall:
451          (A) file with the city recorder or town clerk of the proposed annexing municipality a
452     notice of intent to file a petition; and
453          (B) send a copy of the notice of intent to each affected entity.
454          (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the
455     area that is proposed to be annexed.
456          (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
457     annexed is located shall:
458          (A) mail the notice described in Subsection (2)(b)(iii) to:
459          (I) each owner of real property located within the area proposed to be annexed; and

460          (II) each owner of real property located within 300 feet of the area proposed to be
461     annexed; and
462          (B) send to the proposed annexing municipality a copy of the notice and a certificate
463     indicating that the notice has been mailed as required under Subsection (2)(b)(i)(A).
464          (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
465     days after receiving from the person or persons who filed the notice of intent:
466          (A) a written request to mail the required notice; and
467          (B) payment of an amount equal to the county's expected actual cost of mailing the
468     notice.
469          (iii) Each notice required under Subsection (2)(b)(i)(A) shall:
470          (A) be in writing;
471          (B) state, in bold and conspicuous terms, substantially the following:
472          "Attention: Your property may be affected by a proposed annexation.
473          Records show that you own property within an area that is intended to be included in a
474     proposed annexation to (state the name of the proposed annexing municipality) or that is within
475     300 feet of that area. If your property is within the area proposed for annexation, you may be
476     asked to sign a petition supporting the annexation. You may choose whether to sign the
477     petition. By signing the petition, you indicate your support of the proposed annexation. If you
478     sign the petition but later change your mind about supporting the annexation, you may
479     withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
480     of (state the name of the proposed annexing municipality) within 30 days after (state the name
481     of the proposed annexing municipality) receives notice that the petition has been certified.
482          There will be no public election on the proposed annexation because Utah law does not
483     provide for an annexation to be approved by voters at a public election. Signing or not signing
484     the annexation petition is the method under Utah law for the owners of property within the area
485     proposed for annexation to demonstrate their support of or opposition to the proposed
486     annexation.
487          You may obtain more information on the proposed annexation by contacting (state the
488     name, mailing address, telephone number, and email address of the official or employee of the
489     proposed annexing municipality designated to respond to questions about the proposed
490     annexation), (state the name, mailing address, telephone number, and email address of the

491     county official or employee designated to respond to questions about the proposed annexation),
492     or (state the name, mailing address, telephone number, and email address of the person who
493     filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the
494     notice of intent, one of those persons). Once filed, the annexation petition will be available for
495     inspection and copying at the office of (state the name of the proposed annexing municipality)
496     located at (state the address of the municipal offices of the proposed annexing municipality).";
497     and
498          (C) be accompanied by an accurate map identifying the area proposed for annexation.
499          (iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A) any
500     other information or materials related or unrelated to the proposed annexation.
501          (c) (i) After receiving the certificate from the county as provided in Subsection
502     (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or persons
503     who filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation petition for
504     the annexation proposed in the notice of intent.
505          (ii) An annexation petition provided by the proposed annexing municipality may be
506     duplicated for circulation for signatures.
507          (3) Each petition under Subsection (1) shall:
508          (a) be filed with the applicable city recorder or town clerk of the proposed annexing
509     municipality;
510          (b) contain the signatures of, if all the real property within the area proposed for
511     annexation is owned by a public entity other than the federal government, the owners of all the
512     publicly owned real property, or the owners of private real property that:
513          (i) is located within the area proposed for annexation;
514          (ii) (A) subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area
515     within the area proposed for annexation;
516          (B) covers 100% of rural real property [as that term is defined in Section 17B-2a-1107]
517     within the area proposed for annexation; and
518          (C) covers 100% of the private land area within the area proposed for annexation, if the
519     area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture,
520     Industrial, or Critical Infrastructure Materials Protection Areas, or a migratory bird production
521     area created under Title 23, Chapter 28, Migratory Bird Production Area; and

522          (iii) is equal in value to at least 1/3 of the value of all private real property within the
523     area proposed for annexation;
524          (c) be accompanied by:
525          (i) an accurate and recordable map, prepared by a licensed surveyor in accordance with
526     Section 17-23-20, of the area proposed for annexation; and
527          (ii) a copy of the notice sent to affected entities as required under Subsection
528     (2)(a)(i)(B) and a list of the affected entities to which notice was sent;
529          (d) [if the area proposed to be annexed is located in a county of the first class,] contain
530     on each signature page a notice in bold and conspicuous terms that states substantially the
531     following:
532          "Notice:
533          • There will be no public election on the annexation proposed by this petition because
534     Utah law does not provide for an annexation to be approved by voters at a public election.
535          • If you sign this petition and later decide that you do not support the petition, you may
536     withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
537     of (state the name of the proposed annexing municipality). If you choose to withdraw your
538     signature, you shall do so no later than 30 days after (state the name of the proposed annexing
539     municipality) receives notice that the petition has been certified.";
540          (e) if the petition proposes [the annexation of an area located in a county that is not the
541     county in which the proposed annexing municipality is located] a cross-county annexation, as
542     defined in Section 10-2-402.5, be accompanied by a copy of the resolution[, required under
543     Subsection 10-2-402(6), of the legislative body of the county in which the area is located]
544     described in Subsection 10-2-402.5(4)(a)(iii)(A); and
545          (f) designate up to five of the signers of the petition as sponsors, one of whom shall be
546     designated as the contact sponsor, and indicate the mailing address of each sponsor.
547          (4) A petition under Subsection (1) may not propose the annexation of all or part of an
548     area proposed for annexation to a municipality in a previously filed petition that has not been
549     denied, rejected, or granted.
550          [(5) (a) Except as provided in Subsection (5)(b), an annexation petition under
551     Subsection (1) may not propose the annexation of an area that includes some or all of an area
552     proposed to be incorporated in a request for a feasibility study under Section 10-2a-202 if:]

553          [(i) the request was filed before the filing of the annexation petition; and]
554          [(ii) the request, or a petition under Section 10-2a-208 based on that request, is still
555     pending on the date the annexation petition is filed.]
556          [(b) Subsection (5)(a) does not apply to an annexation petition if:]
557          [(i) the annexation petition proposes the annexation of an area included in a notice of
558     intent described in Subsection (5)(c); or]
559          [(ii) the annexation petition:]
560          [(A) is filed on or after November 15, 2020; and]
561          [(B) proposes the annexation of an area located in a county other than the first class.]
562          [(c) (i) A person intending to file a petition for annexation of an area located in a
563     county other than a first class county may, on or before August 5, 2020, file with the city
564     recorder or town clerk of the proposed annexing municipality a notice of intent to file a petition
565     for annexation.]
566          [(ii) The notice of intent described in Subsection (5)(c)(i) shall include an accurate map
567     of the area that is proposed to be annexed.]
568          [(6)] (5) If practicable and feasible, the boundaries of an area proposed for annexation
569     shall be drawn:
570          (a) along the boundaries of existing local districts and special service districts for
571     sewer, water, and other services, along the boundaries of school districts whose boundaries
572     follow city boundaries or school districts adjacent to school districts whose boundaries follow
573     city boundaries, and along the boundaries of other taxing entities;
574          (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
575     services;
576          (c) to facilitate the consolidation of overlapping functions of local government;
577          (d) to promote the efficient delivery of services; and
578          (e) to encourage the equitable distribution of community resources and obligations.
579          [(7)] (6) On the date of filing, the petition sponsors shall deliver or mail a copy of the
580     petition to the clerk of the county in which the area proposed for annexation is located.
581          [(8)] (7) A property owner who signs an annexation petition [proposing to annex an
582     area located in a county of the first class] may withdraw the owner's signature by filing a
583     written withdrawal, signed by the property owner, with the city recorder or town clerk no later

584     than 30 days after the municipal legislative body's receipt of the notice of certification under
585     Subsection 10-2-405(2)(c)(i).
586          Section 6. Section 10-2-405 is amended to read:
587          10-2-405. Acceptance or denial of an annexation petition -- Petition certification
588     process -- Modified petition.
589          (1) (a) (i) A municipal legislative body may:
590          (A) subject to Subsection (1)(a)(ii), deny a petition filed under Section 10-2-403; or
591          (B) accept the petition for further consideration under this part.
592          (ii) A petition shall be considered to have been accepted for further consideration under
593     this part if a municipal legislative body fails to act to deny or accept the petition under
594     Subsection (1)(a)(i):
595          (A) in the case of a city of the first or second class, within 14 days after the filing of the
596     petition; or
597          (B) in the case of a city of the third, fourth, or fifth class, a town, or a metro township,
598     at the next regularly scheduled meeting of the municipal legislative body that is at least 14 days
599     after the date the petition was filed.
600          (b) If a municipal legislative body denies a petition under Subsection (1)(a)(i), it shall,
601     within five days after the denial, mail written notice of the denial to:
602          (i) the contact sponsor; and
603          (ii) the clerk of the county in which the area proposed for annexation is located.
604          (2) If the municipal legislative body accepts a petition under Subsection (1)(a)(i) or is
605     considered to have accepted the petition under Subsection (1)(a)(ii), the city recorder or town
606     clerk, as the case may be, shall, within 30 days after that acceptance:
607          (a) obtain from the assessor, clerk, surveyor, and recorder of the county in which the
608     area proposed for annexation is located the records the city recorder or town clerk needs to
609     determine whether the petition meets the requirements of Subsections 10-2-403(3)[,] and (4)[,
610     and (5)];
611          (b) with the assistance of the municipal attorney, determine whether the petition meets
612     the requirements of Subsections 10-2-403(3)[,] and (4)[, and (5)]; and
613          (c) (i) if the city recorder or town clerk determines that the petition meets those
614     requirements, certify the petition and mail or deliver written notification of the certification to

615     the municipal legislative body, the contact sponsor, and the county legislative body; or
616          (ii) if the city recorder or town clerk determines that the petition fails to meet any of
617     those requirements, reject the petition and mail or deliver written notification of the rejection
618     and the reasons for the rejection to the municipal legislative body, the contact sponsor, and the
619     county legislative body.
620          (3) (a) (i) If the city recorder or town clerk rejects a petition under Subsection (2)(c)(ii),
621     the petition may be modified to correct the deficiencies for which it was rejected and then
622     refiled with the city recorder or town clerk, as the case may be.
623          (ii) A signature on an annexation petition filed under Section 10-2-403 may be used
624     toward fulfilling the signature requirement of Subsection 10-2-403(2)(b) for the petition as
625     modified under Subsection (3)(a)(i).
626          (b) If a petition is refiled under Subsection (3)(a) after having been rejected by the city
627     recorder or town clerk under Subsection (2)(c)(ii), the refiled petition shall be treated as a
628     newly filed petition under Subsection 10-2-403(1).
629          (4) Each county assessor, clerk, surveyor, and recorder shall provide copies of records
630     that a city recorder or town clerk requests under Subsection (2)(a).
631          Section 7. Section 10-2-407 is amended to read:
632          10-2-407. Protest to annexation petition -- Planning advisory area planning
633     commission recommendation -- Petition requirements -- Disposition of petition if no
634     protest filed.
635          (1) A protest to an annexation petition under Section 10-2-403 may be filed by:
636          (a) the legislative body or governing board of an affected entity;
637          (b) [the] an owner of rural real property [as defined in Section 17B-2a-1107; or];
638          (c) for a proposed annexation of an area within a county of the first class, [the owners]
639     an owner of private real property that:
640          (i) is located in the unincorporated area within 1/2 mile of the area proposed for
641     annexation;
642          (ii) covers at least 25% of the private land area located in the unincorporated area
643     within 1/2 mile of the area proposed for annexation; and
644          (iii) is equal in value to at least 15% of all real property located in the unincorporated
645     area within 1/2 mile of the area proposed for annexation[.]; or

646          (d) an owner of private real property located in a mining protection area.
647          (2) Each protest under Subsection (1) shall:
648          (a) be filed:
649          (i) no later than 30 days after the municipal legislative body's receipt of the notice of
650     certification under Subsection 10-2-405(2)(c)(i); and
651          (ii) (A) in a county that has already created a commission under Section 10-2-409, with
652     the commission; or
653          (B) in a county that has not yet created a commission under Section 10-2-409, with the
654     clerk of the county in which the area proposed for annexation is located;
655          (b) state each reason for the protest of the annexation petition and, if the area proposed
656     to be annexed is located in a specified county, justification for the protest under the standards
657     established in this chapter;
658          (c) if the area proposed to be annexed is located in a specified county, contain other
659     information that the commission by rule requires or that the party filing the protest considers
660     pertinent; and
661          (d) contain the name and address of a contact person who is to receive notices sent by
662     the commission with respect to the protest proceedings.
663          (3) The party filing a protest under this section shall on the same date deliver or mail a
664     copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
665          (4) Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:
666          (a) immediately notify the county legislative body of the protest; and
667          (b) deliver the protest to the boundary commission within five days after:
668          (i) receipt of the protest, if the boundary commission has previously been created; or
669          (ii) creation of the boundary commission under Subsection 10-2-409(1)(b), if the
670     boundary commission has not previously been created.
671          (5) (a) If a protest is filed under this section:
672          (i) the municipal legislative body may, at its next regular meeting after expiration of
673     the deadline under Subsection (2)(a)(i), deny the annexation petition; or
674          (ii) if the municipal legislative body does not deny the annexation petition under
675     Subsection (5)(a)(i), the municipal legislative body may take no further action on the
676     annexation petition until after receipt of the commission's notice of its decision on the protest

677     under Section 10-2-416.
678          (b) If a municipal legislative body denies an annexation petition under Subsection
679     (5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of
680     the denial in writing to:
681          (i) the contact sponsor of the annexation petition;
682          (ii) the commission; and
683          (iii) each entity that filed a protest.
684          (6) If no timely protest is filed under this section, the municipal legislative body may,
685     subject to Subsection (7), approve the petition.
686          (7) Before approving an annexation petition under Subsection (6), the municipal
687     legislative body shall hold a public hearing and publish notice of the public hearing:
688          (a) (i) at least seven days before the day of the public hearing in a newspaper of general
689     circulation within the municipality and the area proposed for annexation;
690          (ii) if there is no newspaper of general circulation in the combined area described in
691     Subsection (7)(a)(i), at least seven days before the day of the public hearing, by posting one
692     notice, and at least one additional notice per 2,000 population within the combined area, in
693     places within the combined area that are most likely to give notice to the residents within, and
694     the owners of real property located within, the combined area; or
695          (iii) at least 10 days before the day of the public hearing by mailing the notice to each
696     residence within, and to each owner of real property located within, the combined area
697     described in Subsection (7)(a)(i);
698          (b) on the Utah Public Notice Website created in Section 63F-1-701, for seven days
699     before the day of the public hearing;
700          (c) in accordance with Section 45-1-101, for seven days before the day of the public
701     hearing; and
702          (d) if the municipality has a website, on the municipality's website for seven days
703     before the day of the public hearing.
704          Section 8. Section 10-2-408 is amended to read:
705          10-2-408. Denying or approving the annexation petition -- Notice of approval.
706          (1) After receipt of the commission's decision on a protest under Subsection
707     10-2-416(2), a municipal legislative body may:

708          (a) deny the annexation petition; or
709          (b) subject to Subsection (2), if the commission approves the annexation, approve the
710     annexation petition consistent with the commission's decision.
711          (2) A municipal legislative body shall exclude:
712          (a) rural real property, [as that term is defined in Section 17B-2a-1107,] unless the
713     owner of the rural real property gives written consent to include the rural real property[.]; and
714          (b) private real property located in a mining protection area, unless the owner of the
715     private real property gives written consent to include the private real property.
716          Section 9. Section 10-2-414 is amended to read:
717          10-2-414. Modified annexation petition -- Supplemental feasibility study.
718          (1) (a) (i) If the results of the feasibility study with respect to a proposed annexation of
719     an area located in a county of the first class do not meet the requirements of Subsection
720     10-2-416(3), the sponsors of the annexation petition may, within 45 days of the feasibility
721     consultant's submission of the results of the study, file with the city recorder or town clerk of
722     the proposed annexing municipality a modified annexation petition altering the boundaries of
723     the proposed annexation.
724          (ii) On the date of filing a modified annexation petition under Subsection (1)(a)(i), the
725     sponsors of the annexation petition shall deliver or mail a copy of the modified annexation
726     petition to the clerk of the county in which the area proposed for annexation is located.
727          (b) Each modified annexation petition under Subsection (1)(a) shall comply with the
728     requirements of Subsections 10-2-403(3)[,] and (4)[, and (5)].
729          (2) (a) Within 20 days of the city recorder or town clerk's receipt of the modified
730     annexation petition, the city recorder or town clerk, as the case may be, shall follow the same
731     procedure for the modified annexation petition as provided under Subsections 10-2-405(2) and
732     (3)(a) for an original annexation petition.
733          (b) If the city recorder or town clerk certifies the modified annexation petition under
734     Subsection 10-2-405(2)(c)(i), the city recorder or town clerk, as the case may be, shall send
735     written notice of the certification to:
736          (i) the commission;
737          (ii) each entity that filed a protest to the annexation petition; and
738          (iii) if a protest was filed under Subsection 10-2-407(1)(c), the contact person.

739          (c) (i) If the modified annexation petition proposes the annexation of an area that
740     includes part or all of a local district, special service district, or school district that was not
741     included in the area proposed for annexation in the original petition, the city recorder or town
742     clerk, as the case may be, shall also send notice of the certification of the modified annexation
743     petition to the board of the local district, special service district, or school district.
744          (ii) If the area proposed for annexation in the modified annexation petition is within
745     1/2 mile of the boundaries of a municipality whose boundaries were not within 1/2 mile of the
746     area proposed for annexation in the original annexation petition, the city recorder or town
747     clerk, as the case may be, shall also send notice of the certification of the modified annexation
748     petition to the legislative body of that municipality.
749          (3) Within 10 days of the commission's receipt of the notice under Subsection (2)(b),
750     the commission shall engage the feasibility consultant that conducted the feasibility study to
751     supplement the feasibility study to take into account the information in the modified
752     annexation petition that was not included in the original annexation petition.
753          (4) The commission shall require the feasibility consultant to complete the
754     supplemental feasibility study and to submit written results of the supplemental study to the
755     commission no later than 30 days after the feasibility consultant is engaged to conduct the
756     supplemental feasibility study.
757          Section 10. Section 10-2a-201.5 is amended to read:
758          10-2a-201.5. Qualifications for incorporation.
759          (1) (a) An area may incorporate as a town in accordance with this part if the area:
760          (i) subject to Subsection (1)(c), is contiguous;
761          (ii) has a population of at least 100 people, but fewer than 1,000 people; and
762          (iii) is not already part of a municipality.
763          (b) An area may incorporate as a city in accordance with this part if the area:
764          (i) subject to Subsection (1)(c), is contiguous;
765          (ii) has a population of 1,000 people or more; and
766          (iii) is not already part of a municipality.
767          (c) An area is not contiguous for purposes of Subsection (1)(a)(i) or (b)(i) if:
768          (i) the area includes a strip of land that connects geographically separate areas; and
769          (ii) the distance between the geographically separate areas is greater than the average

770     width of the strip of land connecting the geographically separate areas.
771          (2) (a) An area may not incorporate under this part if:
772          (i) the area has a population of fewer than 100 people; or
773          (ii) except as provided in Subsection (2)(b), the area has an average population density
774     of fewer than seven people per square mile.
775          (b) Subject to Subsection (1)(c), an area that does not comply with Subsection (2)(a)(ii)
776     may incorporate under this part if the noncompliance is necessary to connect separate areas that
777     share a demonstrable community interest.
778          (3) Subject to Subsection (1)(c), an area incorporating under this part may not include
779     land owned by the United States federal government unless:
780          (a) incorporating the land is necessary to connect separate areas that share a
781     demonstrable community interest; or
782          (b) excluding the land from the incorporating area would create an unincorporated
783     island within the proposed municipality.
784          (4) (a) Except as provided in Subsection (4)(b), an area incorporating under this part
785     may not include some or all of an area proposed for annexation in an annexation petition under
786     Section 10-2-403 that:
787          (i) was filed before the filing of the request for a feasibility study, described in Section
788     10-2a-202, relating to the incorporating area; and
789          (ii) is still pending on the date the request for the feasibility study described in
790     Subsection (4)(a)(i) is filed.
791          (b) A request for a feasibility study may propose for incorporation an area that includes
792     some or all of an area proposed for annexation in an annexation petition described in
793     Subsection (4)(a) if:
794          (i) the proposed annexation area that is part of the area proposed for incorporation does
795     not exceed 20% of the area proposed for incorporation;
796          (ii) the request complies with Subsections 10-2a-202(1) and (2) with respect to
797     excluding the proposed annexation area from the area proposed for incorporation; and
798          (iii) excluding the area proposed for annexation from the area proposed for
799     incorporation would not cause the area proposed for incorporation to not be contiguous under
800     Subsection (1)(c).

801          (c) Except as provided in Section 10-2a-206, the lieutenant governor shall consider
802     each request to which Subsection (4)(b) applies as not proposing the incorporation of an area
803     proposed for annexation.
804          (5) (a) An area incorporating under this part may not include part of a parcel of real
805     property and exclude part of that same parcel unless the owner of the parcel gives written
806     consent to exclude part of the parcel.
807          (b) A piece of real property that has more than one parcel number is considered to be a
808     single parcel for purposes of Subsection (5)(a) if owned by the same owner.
809          Section 11. Section 10-2a-203 is amended to read:
810          10-2a-203. Notice to owner of property -- Exclusion of property from proposed
811     municipality.
812          (1) As used in this section:
813          (a) "Assessed value" with respect to property means the value at which the property
814     would be assessed without regard to a valuation for agricultural use under Section 59-2-503.
815          (b) "Owner" means a person having an interest in real property, including an affiliate,
816     subsidiary, or parent company.
817          [(2) Within seven calendar days after the day on which an individual files a request
818     under Section 10-2a-202, the lieutenant governor shall send written notice of the proposed
819     incorporation to each record owner of real property owning more than:]
820          [(a) 1% of the assessed value of all property in the proposed incorporation boundaries;
821     or]
822          [(b) 10% of the total private land area within the proposed incorporation boundaries.]
823          [(3) If an owner owns, controls, or manages more than 1% of the assessed value of all
824     property in the proposed incorporation boundaries, or owns, controls, or manages 10% or more
825     of the total private land area in the proposed incorporation boundaries, the owner may request
826     that the lieutenant governor exclude all or part of the property owned, controlled, or managed
827     by the owner from the proposed boundaries by filing a notice of exclusion with the Office of
828     the Lieutenant Governor:]
829          [(a) that describes the property for which the owner requests exclusion; and]
830          [(b) within 15 calendar days after the day on which the owner receives the notice
831     described in Subsection (2).]

832          (c) "Specified landowner" means a record owner of real property:
833          (i) who owns more than:
834          (A) 1% of the assessed value of all property within the boundaries of a proposed
835     incorporation; or
836          (B) 10% of the total private land area within the boundaries of a proposed
837     incorporation; or
838          (ii) located in a mining protection area as defined in Section 17-41-101.
839          (2) Within seven calendar days after the day on which an individual files a request for a
840     feasibility study under Section 10-2a-202, the lieutenant governor shall mail written notice of
841     the proposed incorporation to each residence within, and each owner of real property located
842     within:
843          (a) the proposed incorporation boundaries; and
844          (b) 300 feet of the proposed incorporation boundaries.
845          (3) A specified landowner may, within 30 calendar days after the day on which the
846     specified landowner receives notice under Subsection (2), request that the lieutenant governor
847     exclude all or part of the property owned by the specified landowner from the proposed
848     incorporation by filing a notice of exclusion with the Office of the Lieutenant Governor that
849     describes the property for which the specified landowner requests exclusion.
850          (4) The lieutenant governor shall exclude the property identified by [an owner] a
851     specified landowner under Subsection (3) from the proposed incorporation boundaries unless
852     the lieutenant governor finds by clear and convincing evidence that:
853          (a) the exclusion will leave an unincorporated island within the proposed municipality;
854     and
855          (b) the property receives from the county a majority of currently provided municipal
856     services.
857          (5) (a) Within five days after the day on which the lieutenant governor makes a
858     determination on whether to include or exclude a property under Subsection (4), the lieutenant
859     governor shall mail or transmit [to the owner that requested the property's exclusion and to the
860     contact sponsor] written notice of whether the property is included or excluded from the
861     proposed incorporation boundaries[.] to:
862          (i) the specified landowner that requested the property's exclusion; and

863          (ii) the contact sponsor.
864          (b) If the lieutenant governor makes a determination to include a property under
865     Subsection (4), the lieutenant governor shall include, in the written notice described in
866     Subsection (5)(a), a detailed explanation of the lieutenant governor's determination.
867          Section 12. Section 10-2a-206 is amended to read:
868          10-2a-206. Modified request for feasibility study -- Supplemental feasibility
869     study.
870          (1) (a) The sponsors of a feasibility study request may modify the request to alter the
871     boundaries of the proposed municipality and refile the modified request with the lieutenant
872     governor if:
873          (i) the results of the feasibility study do not comply with Subsection 10-2a-205(6)(a);
874     [or]
875          (ii) (A) the request complies with Subsection 10-2a-201.5(4)(b);
876          (B) the annexation petition that proposed the annexation of an area that is part of the
877     area proposed for incorporation has been denied; and
878          (C) an incorporation petition based on the request has not been filed[.];
879          (iii) (A) the lieutenant governor completes the first public hearing described in
880     Subsection 10-2a-207(4); and
881          (B) property is excluded from the proposed municipality in accordance with Subsection
882     10-2a-207(5)(b); or
883          (iv) before the time period for a specified landowner, as defined in Section 10-2a-203,
884     to request that the lieutenant governor exclude the specified landowner's property from the
885     proposed incorporation under Subsection 10-2a-207(5)(a) has expired, a municipal legislative
886     body:
887          (A) approves an annexation petition proposing the annexation of an area that is part of
888     the area proposed for incorporation under Section 10-2-407 or 10-2-408; or
889          (B) adopts an ordinance approving the annexation of an area that is part of the area
890     proposed for incorporation under Section 10-2-418.
891          (b) (i) The sponsors of a feasibility study request may not file a modified request under
892     Subsection (1)(a)(i) more than 90 days after the day on which the feasibility consultant submits
893     the final results of the feasibility study under Subsection 10-2a-205(3)(c).

894          (ii) The sponsors of a request may not file a modified request under Subsection
895     (1)(a)(ii) more than 18 months after filing the original request under Section 10-2a-202.
896          (iii) The sponsors of a request may not file a modified request under Subsection
897     (1)(a)(iii) more than 90 days after the day on which the lieutenant governor mails or transmits
898     written notice under Subsection 10-2a-207(4)(c).
899          (iv) The sponsors of a request may not file a modified request under Subsection
900     (1)(a)(iv) more than 90 days after the day on which the municipal legislative body:
901          (A) approves the annexation petition under Section 10-2-407 or 10-2-408; or
902          (B) adopts the ordinance approving the annexation under Section 10-2-418.
903          (c) (i) Subject to Subsection (1)(c)(ii), each modified request under Subsection (1)(a)
904     shall comply with Subsections 10-2a-202(1) and (2) and Subsection 10-2a-201.5(4).
905          (ii) Notwithstanding Subsection (1)(c)(i), a signature on a request filed under Section
906     10-2a-202 may be used toward fulfilling the signature requirement of Subsection
907     10-2a-202(1)(a) for the request as modified under Subsection (1)(a), unless the modified
908     request proposes the incorporation of an area that is more than 20% larger or smaller than the
909     area described by the original request in terms of:
910          (A) private land area; or
911          (B) value of private real property.
912          (2) Within 20 days after the lieutenant governor's receipt of the modified request, the
913     lieutenant governor shall follow the same procedure under Subsection 10-2a-204(1) for the
914     modified request as for an original request.
915          (3) The timely filing of a modified request under Subsection (1) gives the modified
916     request the same processing priority under Subsection 10-2a-204(3) as the original request.
917          (4) Within 10 days after the day on which the lieutenant governor receives a modified
918     request under Subsection (1)(a) that relates to a request for which a feasibility study has already
919     been completed, the lieutenant governor shall commission the feasibility consultant who
920     conducted the feasibility study to conduct a supplemental feasibility study that accounts for the
921     modified request.
922          (5) The lieutenant governor shall require the feasibility consultant to:
923          (a) submit a draft of the supplemental feasibility study to each applicable person with
924     whom the feasibility consultant is required to consult under Subsection 10-2a-205(4)(c) within

925     30 days after the day on which the feasibility consultant is engaged to conduct the supplemental
926     study;
927          (b) allow each person to whom the consultant provided a draft under Subsection (5)(a)
928     to review and provide comment on the draft; and
929          (c) submit a completed supplemental feasibility study, to the following within 45 days
930     after the day on which the feasibility consultant is engaged to conduct the study:
931          (i) the lieutenant governor;
932          (ii) the county legislative body of the county in which the incorporation is proposed;
933          (iii) the contact sponsor; and
934          (iv) each person to whom the consultant provided a draft under Subsection (5)(a).
935          (6) (a) Subject to Subsection (6)(b), if the results of the supplemental feasibility study
936     do not comply with Subsection 10-2a-205(6)(a), the sponsors may further modify the request in
937     accordance with Subsection (1).
938          (b) Subsections (2), (4), and (5) apply to a modified request described in Subsection
939     (6)(a).
940          (c) The lieutenant governor shall consider a modified request described in Subsection
941     (6)(a) as an original request for a feasibility study for purposes of determining the modified
942     request's processing priority under Subsection 10-2a-204(3).
943          Section 13. Section 10-2a-207 is amended to read:
944          10-2a-207. Public hearings on feasibility study results -- Exclusions of property
945     from proposed municipality -- Notice of hearings.
946          (1) As used in this section, "specified landowner" means the same as that term is
947     defined in Section 10-2a-203.
948          [(1)] (2) If the results of the feasibility study or supplemental feasibility study comply
949     with Subsection 10-2a-205(6)(a), the lieutenant governor shall, after receipt of the results of the
950     feasibility study or supplemental feasibility study, conduct [at least] two public hearings[:] in
951     accordance with this section.
952          (3) (a) If an area proposed for incorporation is approved for annexation after the
953     feasibility study or supplemental feasibility study is conducted but before the lieutenant
954     governor conducts the first public hearing under Subsection (4), the lieutenant governor may
955     not conduct the first public hearing under Subsection (4) unless:

956          (i) the sponsors of the feasibility study file a modified request for a feasibility study in
957     accordance with Section 10-2a-206; and
958          (ii) the results of the supplemental feasibility study comply with Subsection
959     10-2a-205(6)(a).
960          (b) For purposes of Subsection (3)(a), an area is approved for annexation if a condition
961     described in Subsection 10-2a-206(1)(a)(iv) occurs.
962          (4) The lieutenant governor shall conduct the first public hearing:
963          (a) within 60 days after the day on which the lieutenant governor receives the results
964     under Subsection (2) or (3)(a)(ii);
965          [(b) at least seven days apart;]
966          [(c) except in a proposed municipality that will be a city of the fifth class or a town, in
967     geographically diverse locations;]
968          [(d)] (b) within or near the proposed municipality;
969          [(e)] (c) to allow the feasibility consultant to present the results of the feasibility study;
970     and
971          [(f)] (d) to inform the public about the results of the feasibility study.
972          (5) (a) Within 30 calendar days after the day on which the lieutenant governor
973     completes the first public hearing under Subsection (4), a specified landowner may request that
974     the lieutenant governor exclude all or part of the property owned by the specified landowner
975     from the proposed incorporation by filing a notice of exclusion with the Office of the
976     Lieutenant Governor that describes the property for which the specified landowner requests
977     exclusion.
978          (b) The lieutenant governor shall exclude the property identified by a specified
979     landowner under Subsection (5)(a) from the proposed incorporation boundaries unless the
980     lieutenant governor finds by clear and convincing evidence that:
981          (i) the exclusion will leave an unincorporated island within the proposed municipality;
982     and
983          (ii) the property receives from the county a majority of currently provided municipal
984     services.
985          (c) (i) Within five days after the day on which the lieutenant governor determines
986     whether to exclude property under Subsection (5)(b), the lieutenant governor shall mail or

987     transmit written notice of whether the property is included or excluded from the proposed
988     municipality to:
989          (A) the specified landowner that requested the property's exclusion; and
990          (B) the contact sponsor.
991          (ii) If the lieutenant governor makes a determination to include a property under
992     Subsection (5)(b), the lieutenant governor shall include, in the written notice described in
993     Subsection (5)(c)(i), a detailed explanation of the lieutenant governor's determination.
994          (d) (i) If the lieutenant governor excludes property from the proposed municipality
995     under Subsection (5)(b), or if an area proposed for incorporation is approved for annexation
996     within the time period for a specified landowner to request an exclusion under Subsection
997     (5)(a), the lieutenant governor may not conduct the second public hearing under Subsection (6),
998     unless:
999          (A) the sponsors of the feasibility study file a modified request for a feasibility study in
1000     accordance with Section 10-2a-206; and
1001          (B) the results of the supplemental feasibility study comply with Subsection
1002     10-2a-205(6)(a).
1003          (ii) For purposes of Subsection (5)(d)(i), an area is approved for annexation if a
1004     condition described in Subsection 10-2a-206(1)(a)(iv) occurs.
1005          (6) The lieutenant governor shall conduct the second public hearing:
1006          (a) (i) within 30 days after the day on which the time period described in Subsection
1007     (5)(a) expires, if Subsection (5)(d) does not apply; or
1008          (ii) within 30 days after the day on which the lieutenant governor receives the results of
1009     the supplemental feasibility study described in Subsection (5)(d)(i)(B), if Subsection (5)(d)
1010     applies;
1011          (b) within or near the proposed municipality; and
1012          (c) to allow the feasibility consultant to present the results of and inform the public
1013     about:
1014          (i) the feasibility study presented to the public in the first public hearing under
1015     Subsection (4), if Subsection (5)(d) does not apply; or
1016          (ii) the supplemental feasibility study described in Subsection (5)(d)(i)(B), if
1017     Subsection (5)(d) applies.

1018          [(2)] (7) At each public hearing [described in Subsection (1)] required under this
1019     section, the lieutenant governor shall:
1020          (a) provide a map or plat of the boundary of the proposed municipality;
1021          (b) provide a copy of the applicable feasibility study for public review;
1022          (c) allow members of the public to express views about the proposed incorporation,
1023     including views about the proposed boundaries; and
1024          (d) allow the public to ask the feasibility consultant questions about the applicable
1025     feasibility study.
1026          [(3)] (8) The lieutenant governor shall publish notice of [the public hearings described
1027     in Subsection (1)] each public hearing required under this section:
1028          (a) (i) at least once a week for three consecutive weeks before the [first] public hearing
1029     in a newspaper of general circulation within the proposed municipality;
1030          (ii) if there is no newspaper of general circulation in the proposed municipality, at least
1031     three weeks before the day of the [first] public hearing, by posting one notice, and at least one
1032     additional notice per 2,000 population of the proposed municipality, in places within the
1033     proposed municipality that are most likely to give notice to the residents within, and the owners
1034     of real property located within, the proposed municipality; or
1035          (iii) at least three weeks before the [first] public hearing, by mailing notice to each
1036     residence within, and each owner of real property located within, the proposed municipality;
1037          (b) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks
1038     before the day of the [first] public hearing;
1039          (c) in accordance with Section 45-1-101, for three weeks before the day of the [first]
1040     public hearing; and
1041          (d) on the lieutenant governor's website for three weeks before the day of the [first]
1042     public hearing.
1043          [(4)] (9) The last notice required to be published under Subsection [(3)] (8)(a)(i) shall
1044     be at least three days before the [first] public hearing [required under Subsection (1)].
1045          [(5)] (10) (a) Except as provided in Subsection [(5)] (10)(b), the notice described in
1046     Subsection [(3)] (8) shall:
1047          (i) include the feasibility study summary described in Subsection 10-2a-205(3)(c) [and
1048     shall];

1049          (ii) indicate that a full copy of the study is available on the lieutenant governor's
1050     website and for inspection at the Office of the Lieutenant Governor[.]; and
1051          (iii) indicate that under no circumstances may property be excluded or annexed from
1052     the proposed incorporation after the time period specified in Subsection (5)(a) has expired, if
1053     the notice is for the first public hearing under Subsection (4).
1054          (b) Instead of publishing the [feasability] feasibility summary under Subsection [(5)]
1055     (10)(a)(i), the lieutenant governor may publish a statement that specifies the following sources
1056     where a resident within, or the owner of real property located within, the proposed
1057     municipality, may view or obtain a copy of the [feasability] feasibility study:
1058          (i) the lieutenant governor's website;
1059          (ii) the physical address of the Office of the Lieutenant Governor; and
1060          (iii) a mailing address and telephone number.
1061          Section 14. Section 10-2a-210 is amended to read:
1062          10-2a-210. Incorporation election -- Notice of election -- Voter information
1063     pamphlet.
1064          (1) (a) If the lieutenant governor certifies a petition under Subsection 10-2a-209(1)(b),
1065     the lieutenant governor shall schedule an incorporation election for the proposed municipality
1066     described in the petition to be held on the date of the next regular general election described in
1067     Section 20A-1-201, or the next municipal general election described in Section 20A-1-202, that
1068     is at least 65 days after the day on which the lieutenant governor certifies the petition.
1069          (b) (i) The lieutenant governor shall direct the county legislative body of the county in
1070     which the proposed municipality is located to hold the election on the date that the lieutenant
1071     governor schedules under Subsection (1)(a).
1072          (ii) The county shall hold the election as directed by the lieutenant governor under
1073     Subsection (1)(b)(i).
1074          (2) The county clerk shall publish notice of the election:
1075          (a) (i) in a newspaper of general circulation within the area proposed to be incorporated
1076     at least once a week for three successive weeks before the election;
1077          (ii) if there is no newspaper of general circulation in the area proposed to be
1078     incorporated, at least three weeks before the day of the election, by posting one notice, and at
1079     least one additional notice per 2,000 population of the area proposed to be incorporated, in

1080     places within the area proposed to be incorporated that are most likely to give notice to the
1081     voters within the area proposed to be incorporated; or
1082          (iii) at least three weeks before the day of the election, by mailing notice to each
1083     registered voter in the area proposed to be incorporated;
1084          (b) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks
1085     before the day of the election;
1086          (c) in accordance with Section 45-1-101, for three weeks before the day of the election;
1087          (d) if the proposed municipality has a website, on the proposed municipality's website
1088     for three weeks before the day of the election; and
1089          (e) on the county's website for three weeks before the day of the election.
1090          (3) (a) The notice required by Subsection (2) shall contain:
1091          (i) a statement of the contents of the petition;
1092          (ii) a description of the area proposed to be incorporated as a municipality;
1093          (iii) a statement of the date and time of the election and the location of polling places;
1094     and
1095          (iv) except as provided in Subsection (3)(c), the feasibility study summary described in
1096     Subsection 10-2a-205(3)(c) and a statement that a full copy of the study is available on the
1097     lieutenant governor's website and for inspection at the Office of the Lieutenant Governor.
1098          (b) The last notice required to be published under Subsection (2)(a)(i) shall be
1099     published at least one day, but no more than seven days, before the day of the election.
1100          (c) Instead of publishing the feasibility summary under Subsection (3)(a)(iv), the notice
1101     may include a statement that specifies the following sources where a registered voter in area
1102     proposed to be incorporated may view or obtain a copy the feasibility study:
1103          (i) the lieutenant governor's website;
1104          (ii) the physical address of the Office of the Lieutenant Governor; and
1105          (iii) a mailing address and telephone number.
1106          (4) (a) In addition to the notice required under Subsection (2), the county clerk shall
1107     publish and distribute, before the incorporation election is held, a voter information pamphlet:
1108          (i) in accordance with the procedures and requirements of Section 20A- 7-402;
1109          (ii) in consultation with the lieutenant governor; and
1110          (iii) in a manner that the county clerk determines is adequate, subject to Subsections

1111     (4)(a)(i) and (ii).
1112          (b) The voter information pamphlet described in Subsection (4)(a):
1113          (i) shall inform the public of the proposed incorporation; and
1114          (ii) may include written statements, printed in the same font style and point size, from
1115     proponents and opponents of the proposed incorporation.
1116          [(4)] (5) An individual may not vote in an incorporation election under this section
1117     unless the individual is a registered voter who resides, as defined in Section 20A-1-102, within
1118     the boundaries of the proposed municipality.
1119          [(5)] (6) If a majority of those who vote in an incorporation election held under this
1120     section cast votes in favor of incorporation, the area shall incorporate.
1121          Section 15. Effective date.
1122          If approved by two-thirds of all the members elected to each house, this bill takes effect
1123     upon approval by the governor, or the day following the constitutional time limit of Utah
1124     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
1125     the date of veto override.