Effective 3/16/2021 10-2-401. Definitions — Property owner provisions. (1) As used in this part: (a) “Affected entity” means: (i) a county of the first or second class in whose unincorporated area the area proposed for annexation is located; (ii) a county of the third, fourth, fifth, or sixth class in whose unincorporated area the area […]
Effective 3/16/2021 10-2-401.5. Annexation policy plan. (1) No municipality may annex an unincorporated area located within a specified county unless the municipality has adopted an annexation policy plan as provided in this section. (2) To adopt an annexation policy plan: (a) the planning commission shall: (i) prepare a proposed annexation policy plan that complies with […]
Effective 3/16/2021 10-2-402. Annexation — Limitations. (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be annexed to the municipality as provided in this part. (b) Except as provided in Subsection (1)(c), an unincorporated area may not be annexed to a municipality unless: (i) the unincorporated area is a contiguous area; […]
Effective 3/16/2021 10-2-402.5. Cross-county annexation — Requirements. (1) As used in this section: (a) “Affected county” means the county in which an area proposed for cross-county annexation is located. (b) “Affected municipality” means a municipality: (i) located in an affected county; and (ii) whose expansion area includes the area proposed for cross-county annexation. (c) “Applicant” […]
Effective 3/16/2021 10-2-403. Annexation petition — Requirements — Notice required before filing. (1) Except as provided in Section 10-2-418, the process to annex an unincorporated area to a municipality is initiated by a petition as provided in this section. (2) (a) (i) Before filing a petition under Subsection (1), the person or persons intending to […]
Effective 3/16/2021 10-2-405. Acceptance or denial of an annexation petition — Petition certification process — Modified petition. (1) (a) (i) A municipal legislative body may: (A) subject to Subsection (1)(a)(ii), deny a petition filed under Section 10-2-403; or (B) accept the petition for further consideration under this part. (ii) A petition shall be considered to […]
Effective 7/1/2021 10-2-406. Notice of certification — Providing notice of petition. (1) After receipt of the notice of certification from the city recorder or town clerk under Subsection 10-2-405(2)(c)(i), the municipal legislative body shall provide notice: (a) within the area proposed for annexation and the unincorporated area within 1/2 mile of the area proposed for […]
Effective 5/4/2022 10-2-407. Protest to annexation petition — Planning advisory area planning commission recommendation — Petition requirements — Disposition of petition if no protest filed. (1) A protest to an annexation petition under Section 10-2-403 may only be filed by: (a) the legislative body or governing board of an affected entity; (b) an owner of […]
Effective 3/16/2021 10-2-408. Denying or approving the annexation petition — Notice of approval. (1) After receipt of the commission’s decision on a protest under Subsection 10-2-416(2), a municipal legislative body may: (a) deny the annexation petition; or (b) subject to Subsection (2), if the commission approves the annexation, approve the annexation petition consistent with the […]
10-2-409. Boundary commission — Creation — Members. (1) The legislative body of each county: (a) may create a boundary commission on its own initiative at any time; and (b) shall create a boundary commission within 30 days of the filing of a protest under Section 10-2-407. (2) Each commission shall be composed of: (a) in […]
10-2-409.5. Municipal selection committee. (1) In each county in which there are two or more municipalities there shall be a municipal selection committee consisting of the mayor of each municipality. (2) A majority of the members of the municipal selection committee constitutes a quorum. (3) The municipal selection committee shall appoint each municipal member of […]
10-2-410. Boundary commission member terms — Staggered terms — Chair — Quorum — Vacancy. (1) Except as provided in Subsection (2), the term of each member of a boundary commission is four years and begins and expires the first Monday in January of the applicable year. (2) Notwithstanding Subsection (1), the terms of the first […]
Effective 5/12/2015 10-2-411. Disqualification of commission member — Alternate member. (1) A member of the boundary commission is disqualified with respect to a protest before the commission if that member owns property: (a) for a proposed annexation of an area located within a county of the first class: (i) within the area proposed for annexation […]
10-2-412. Boundary commission authority — Expenses — Records. (1) The boundary commission for each county shall hear and decide, according to the provisions of this part, each protest filed under Section 10-2-407, with respect to an area that is located within that county. (2) A boundary commission may: (a) adopt and enforce rules of procedure […]
Effective 5/14/2019 10-2-413. Feasibility consultant — Feasibility study — Modifications to feasibility study. (1) (a) For a proposed annexation of an area located in a county of the first class, unless a proposed annexing municipality denies an annexation petition under Subsection 10-2-407(5)(a)(i) and except as provided in Subsection (1)(b), the commission shall choose and engage […]
Effective 3/16/2021 10-2-414. Modified annexation petition — Supplemental feasibility study. (1) (a) (i) If the results of the feasibility study with respect to a proposed annexation of an area located in a county of the first class do not meet the requirements of Subsection 10-2-416(3), the sponsors of the annexation petition may, within 45 days […]
Effective 7/1/2021 10-2-415. Public hearing — Notice. (1) (a) If the results of the feasibility study or supplemental feasibility study meet the requirements of Subsection 10-2-416(3) with respect to a proposed annexation of an area located in a county of the first class, the commission shall hold a public hearing within 30 days after the […]
Effective 5/12/2015 10-2-416. Commission decision — Time limit — Limitation on approval of annexation. (1) Subject to Subsection (3), after the public hearing under Subsection 10-2-415(1) the boundary commission may: (a) approve the proposed annexation, either with or without conditions; (b) make minor modifications to the proposed annexation and approve it, either with or without […]
10-2-417. District court review — Notice. (1) Review of a boundary commission decision may be sought in the district court with jurisdiction in the county in which the boundary commission is established by filing a petition for review of the decision within 20 days of the commission’s decision under Section 10-2-416. (2) The district court […]
Effective 7/1/2021 10-2-418. Annexation of an island or peninsula without a petition — Notice — Hearing. (1) As used in Subsection (2)(b)(ii), for purposes of an annexation conducted in accordance with this section of an area located within a county of the first class, “municipal-type services” does not include a service provided by a municipality […]
