1     
MUNICIPAL ANNEXATION AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: Steve Waldrip

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to municipal annexation.
10     Highlighted Provisions:
11          This bill:
12          ▸     prohibits an annexation petition from including an area that is proposed for
13     incorporation in a certified request for a feasibility study; 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          10-2-403, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 15
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 10-2-403 is amended to read:
25          10-2-403. Annexation petition -- Requirements -- Notice required before filing.
26          (1) Except as provided in Section 10-2-418, the process to annex an unincorporated
27     area to a municipality is initiated by a petition as provided in this section.

28          (2) (a) (i) Before filing a petition under Subsection (1) with respect to the proposed
29     annexation of an area located in a county of the first class, the person or persons intending to
30     file a petition shall:
31          (A) file with the city recorder or town clerk of the proposed annexing municipality a
32     notice of intent to file a petition; and
33          (B) send a copy of the notice of intent to each affected entity.
34          (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the
35     area that is proposed to be annexed.
36          (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
37     annexed is located shall:
38          (A) mail the notice described in Subsection (2)(b)(iii) to:
39          (I) each owner of real property located within the area proposed to be annexed; and
40          (II) each owner of real property located within 300 feet of the area proposed to be
41     annexed; and
42          (B) send to the proposed annexing municipality a copy of the notice and a certificate
43     indicating that the county mailed the notice [has been mailed] as required under Subsection
44     (2)(b)(i)(A).
45          (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
46     days after [receiving] the day on which the county received from the person or persons [who]
47     that filed the notice of intent:
48          (A) a written request to mail the required notice; and
49          (B) payment of an amount equal to the county's expected actual cost of mailing the
50     notice.
51          (iii) Each notice required under Subsection (2)(b)(i)(A) shall:
52          (A) be in writing;
53          (B) state, in bold and conspicuous terms, substantially the following:
54          "Attention: Your property may be affected by a proposed annexation.
55          Records show that you own property within an area that is intended to be included in a
56     proposed annexation to (state the name of the proposed annexing municipality) or that is within
57     300 feet of that area. If your property is within the area proposed for annexation, you may be
58     asked to sign a petition supporting the annexation. You may choose whether to sign the

59     petition. By signing the petition, you indicate your support of the proposed annexation. If you
60     sign the petition but later change your mind about supporting the annexation, you may
61     withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
62     of (state the name of the proposed annexing municipality) within 30 days after (state the name
63     of the proposed annexing municipality) receives notice that the petition has been certified.
64          There will be no public election on the proposed annexation because Utah law does not
65     provide for an annexation to be approved by voters at a public election. Signing or not signing
66     the annexation petition is the method under Utah law for the owners of property within the area
67     proposed for annexation to demonstrate their support of or opposition to the proposed
68     annexation.
69          You may obtain more information on the proposed annexation by contacting (state the
70     name, mailing address, telephone number, and email address of the official or employee of the
71     proposed annexing municipality designated to respond to questions about the proposed
72     annexation), (state the name, mailing address, telephone number, and email address of the
73     county official or employee designated to respond to questions about the proposed annexation),
74     or (state the name, mailing address, telephone number, and email address of the person who
75     filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the
76     notice of intent, one of those persons). Once filed, the annexation petition will be available for
77     inspection and copying at the office of (state the name of the proposed annexing municipality)
78     located at (state the address of the municipal offices of the proposed annexing municipality).";
79     and
80          (C) be accompanied by an accurate map identifying the area proposed for annexation.
81          (iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A) any
82     other information or materials related or unrelated to the proposed annexation.
83          (c) (i) After receiving the certificate from the county as provided in Subsection
84     (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or persons
85     [who] that filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation
86     petition for the annexation proposed in the notice of intent.
87          (ii) An annexation petition provided by the proposed annexing municipality may be
88     duplicated for circulation for signatures.
89          (3) Each petition under Subsection (1) shall:

90          (a) be filed with the applicable city recorder or town clerk of the proposed annexing
91     municipality;
92          (b) [contain the signatures of,] if all the real property within the area proposed for
93     annexation is owned by a public entity other than the federal government, contain the
94     signatures of the owners of all the publicly owned real property[, or the owners of private real
95     property that:];
96          (c) contain the signatures of the owners of private real property that:
97          (i) is located within the area proposed for annexation;
98          (ii) (A) subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area
99     within the area proposed for annexation;
100          (B) covers 100% of rural real property as that term is defined in Section 17B-2a-1107
101     within the area proposed for annexation; and
102          (C) covers 100% of the private land area within the area proposed for annexation, if the
103     area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture,
104     Industrial, or Critical Infrastructure Materials Protection Areas, or a migratory bird production
105     area created under Title 23, Chapter 28, Migratory Bird Production Area; and
106          (iii) is equal in value to at least 1/3 of the value of all private real property within the
107     area proposed for annexation;
108          [(c)] (d) be accompanied by:
109          (i) an accurate and recordable map, prepared by a licensed surveyor, of the area
110     proposed for annexation; and
111          (ii) a copy of the notice sent to affected entities as required under Subsection
112     (2)(a)(i)(B) and a list of the affected entities to which the person or persons intending to file a
113     petition sent notice [was sent];
114          [(d)] (e) if the area proposed to be annexed is located in a county of the first class,
115     contain on each signature page a notice in bold and conspicuous terms that states substantially
116     the following:
117          "Notice:
118          • There will be no public election on the annexation proposed by this petition because
119     Utah law does not provide for an annexation to be approved by voters at a public election.
120          • If you sign this petition and later decide that you do not support the petition, you may

121     withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
122     of (state the name of the proposed annexing municipality). If you choose to withdraw your
123     signature, you shall do so no later than 30 days after (state the name of the proposed annexing
124     municipality) receives notice that the petition has been certified.";
125          [(e)] (f) if the petition proposes the annexation of an area located in a county that is not
126     the county in which the proposed annexing municipality is located, be accompanied by a copy
127     of the resolution, required under Subsection 10-2-402(6), of the legislative body of the county
128     in which the area is located; and
129          [(f)] (g) designate up to five of the signers of the petition as sponsors, one of whom
130     shall be designated as the contact sponsor, and indicate the mailing address of each sponsor.
131          (4) A petition under Subsection (1) may not propose the annexation of all or part of an
132     area that was proposed for annexation to a municipality in a previously filed petition that has
133     not been denied, rejected, or granted.
134          (5) [(a) Except as provided in Subsection (5)(b), an] An annexation petition under
135     Subsection (1) may not propose the annexation of an area that includes some or all of an area
136     proposed to be incorporated in a request for a feasibility study [under Section 10-2a-202] that
137     the lieutenant governor certified under Subsection 10-2a-204(1)(b)(i) if:
138          [(i)] (a) the lieutenant governor certified the request [was filed] before the filing of the
139     annexation petition; and
140          [(ii)] (b) the request, or a petition under Section 10-2a-208 based on that request, is still
141     pending on the date the annexation petition is filed.
142          [(b) Subsection (5)(a) does not apply to an annexation petition if:]
143          [(i) the annexation petition proposes the annexation of an area included in a notice of
144     intent described in Subsection (5)(c); or]
145          [(ii) the annexation petition:]
146          [(A) is filed on or after November 15, 2020; and]
147          [(B) proposes the annexation of an area located in a county other than the first class.]
148          [(c) (i) A person intending to file a petition for annexation of an area located in a
149     county other than a first class county may, on or before August 5, 2020, file with the city
150     recorder or town clerk of the proposed annexing municipality a notice of intent to file a petition
151     for annexation.]

152          [(ii) The notice of intent described in Subsection (5)(c)(i) shall include an accurate map
153     of the area that is proposed to be annexed.]
154          (6) If practicable and feasible, the boundaries of an area proposed for annexation shall
155     be drawn:
156          (a) along the boundaries of existing local districts and special service districts for
157     sewer, water, and other services, along the boundaries of school districts whose boundaries
158     follow city boundaries or school districts adjacent to school districts whose boundaries follow
159     city boundaries, and along the boundaries of other taxing entities;
160          (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
161     services;
162          (c) to facilitate the consolidation of overlapping functions of local government;
163          (d) to promote the efficient delivery of services; and
164          (e) to encourage the equitable distribution of community resources and obligations.
165          (7) On the date of filing, the petition sponsors shall deliver or mail a copy of the
166     petition to the clerk of the county in which the area proposed for annexation is located.
167          (8) A property owner who signs an annexation petition proposing to annex an area
168     located in a county of the first class may withdraw the owner's signature by filing a written
169     withdrawal, signed by the property owner, with the city recorder or town clerk no later than 30
170     days after the day on which the municipal legislative [body's receipt of] body receives the
171     notice of certification under Subsection 10-2-405(2)(c)(i).