Utah Code 10-2a-201.5. Qualifications for incorporation

10-2a-201.5. Qualifications for incorporation.

(1)

Terms Used In Utah Code 10-2a-201.5

City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Contiguous: means :

(a)	if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and

(b)

if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104

Land: includes :Utah Code 68-3-12.5

Municipality: means :

(a)	a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;

(b)	a town, as classified in Section 10-2-301; or

(c)

a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104

Property: includes both real and personal property. See Utah Code 68-3-12.5

Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104

Unincorporated: means not within a municipality. See Utah Code 10-1-104

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(a)

An area may incorporate as a town in accordance with this part if the area:

(i)	is contiguous;

(ii)	has a population of at least 100 people, but fewer than 1,000 people; and

(iii)

is not already part of a municipality.

(b)

An area may incorporate as a city in accordance with this part if the area:

(i)	is contiguous;

(ii)	has a population of 1,000 people or more; and

(iii)

is not already part of a municipality.

(2)

(a)

An area may not incorporate under this part if:

(i)	the area has a population of fewer than 100 people; or

(ii)	except as provided in Subsection (2)(b), the area has an average population density of fewer than seven people per square mile.

(b)

Subsection (2)(a)(ii) does not prohibit incorporation of an area if:

(i)	noncompliance with Subsection (2)(a)(ii) is necessary to connect separate areas that share a demonstrable community interest; and

(ii)	the area is contiguous.

(3)

An area incorporating under this part may not include land owned by the United States federal government unless:

(a)	the area, including the land owned by the United States federal government, is contiguous; and

(b)

(i)	incorporating the land is necessary to connect separate areas that share a demonstrable community interest; or

(ii)	excluding the land from the incorporating area would create an unincorporated island within the proposed municipality.

(4)

(a)

Except as provided in Subsection (4)(b), an area incorporating under this part may not include some or all of an area proposed for annexation in an annexation petition under Section 10-2-403 that:

(i)	was filed before the filing of the request for a feasibility study, described in Section 10-2a-202, relating to the incorporating area; and

(ii)	is still pending on the date the request for the feasibility study described in Subsection (4)(a)(i) is filed.

(b)

A feasibility request may propose for incorporation an area that includes some or all of an area proposed for annexation in an annexation petition described in Subsection (4)(a) if:

(i)	the proposed annexation area that is part of the area proposed for incorporation does not exceed 20% of the area proposed for incorporation;

(ii)	the feasibility request complies with Subsections 10-2a-202(1) through (4) with respect to excluding the proposed annexation area from the area proposed for incorporation; and

(iii)

excluding the area proposed for annexation from the area proposed for incorporation would not cause the area proposed for incorporation to not be contiguous.

(c)	Except as provided in Section 10-2a-206, the lieutenant governor shall consider each feasibility request to which Subsection (4)(b) applies as not proposing the incorporation of an area proposed for annexation.

(5)

(a)	An area incorporating under this part may not include part of a parcel of real property and exclude part of that same parcel unless the owner of the parcel gives written consent to exclude part of the parcel.

(b)	A piece of real property that has more than one parcel number is considered to be a single parcel for purposes of Subsection (5)(a) if owned by the same owner.

Amended by Chapter 224, 2023 General Session

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