10-2-407.  Protest to annexation petition — Planning advisory area planning commission recommendation — Petition requirements — Disposition of petition if no protest filed — Public hearing and notice.

(1)  A protest to an annexation petition under Section 10-2-403 may only be filed by:

Terms Used In Utah Code 10-2-407

  • 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 proposed for annexation is located, if the area includes residents or commercial or industrial development;
(iii) a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, whose boundary includes any part of an area proposed for annexation;
(iv) a school district whose boundary includes any part of an area proposed for annexation, if the boundary is proposed to be adjusted as a result of the annexation; and
(v) a municipality whose boundaries are within 1/2 mile of an area proposed for annexation. See Utah Code 10-2-401
  • Annexation petition: means a petition under Section 10-2-403 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality. See Utah Code 10-2-401
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commission: means a boundary commission established under Section 10-2-409 for the county in which the property that is proposed for annexation is located. See Utah Code 10-2-401
  • County legislative body: means :Utah Code 68-3-12.5
  • Land: includes :Utah Code 68-3-12.5
  • Mining protection area: means the same as that term is defined in Section 17-41-101. See Utah Code 10-2-401
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • 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
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Planning advisory area: means the same as that term is defined in Section 17-27a-306. See Utah Code 10-2-401
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Specified county: means a county of the second, third, fourth, fifth, or sixth class. See Utah Code 10-2-401
  • 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
  • Writing: includes :Utah Code 68-3-12.5
    • (a)  the legislative body or governing board of an affected entity;

    (b)  an owner of rural real property located within the area proposed for annexation;

    (c)  for a proposed annexation of an area within a county of the first class, an owner of private real property that:

    (i)  is located in the unincorporated area within 1/2 mile of the area proposed for annexation;

    (ii)  covers at least 25% of the private land area located in the unincorporated area within 1/2 mile of the area proposed for annexation; and

    (iii)  is equal in value to at least 15% of all real property located in the unincorporated area within 1/2 mile of the area proposed for annexation; or

    (d)  an owner of private real property located in a mining protection area.

    • (2)  Each protest under Subsection (1) shall:

    (a)  be filed:

    (i)  no later than 30 days after the municipal legislative body’s receipt of the notice of certification under Subsection 10-2-405(2)(c)(i); and

    (ii) 

    (A)  in a county that has already created a commission under Section 10-2-409, with the commission; or

    (B)  in a county that has not yet created a commission under Section 10-2-409, with the clerk of the county in which the area proposed for annexation is located;

    (b)  state each reason for the protest of the annexation petition and, if the area proposed to be annexed is located in a specified county, justification for the protest under the standards established in this chapter;

    (c)  if the area proposed to be annexed is located in a specified county, contain other information that the commission by rule requires or that the party filing the protest considers pertinent; and

    (d)  contain the name and address of a contact person who is to receive notices sent by the commission with respect to the protest proceedings.

    (3)  The party filing a protest under this section shall on the same date deliver or mail a copy of the protest to the city recorder or town clerk of the proposed annexing municipality.

    (4)  Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:

    (a)  immediately notify the county legislative body of the protest; and

    (b)  deliver the protest to the boundary commission within five days after:

    (i)  receipt of the protest, if the boundary commission has previously been created; or

    (ii)  creation of the boundary commission under Subsection 10-2-409(1)(b), if the boundary commission has not previously been created.

    (5) 

    (a)  If a protest is filed under this section:

    (i)  the municipal legislative body may, at its next regular meeting after expiration of the deadline under Subsection (2)(a)(i), deny the annexation petition; or

    (ii)  if the municipal legislative body does not deny the annexation petition under Subsection (5)(a)(i), the municipal legislative body may take no further action on the annexation petition until after receipt of the commission’s notice of its decision on the protest under Section 10-2-416.

    (b)  If a municipal legislative body denies an annexation petition under Subsection (5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of the denial in writing to:

    (i)  the contact sponsor of the annexation petition;

    (ii)  the commission; and

    (iii)  each entity that filed a protest.

    (6)  If no timely protest is filed under this section, the municipal legislative body may, subject to Subsection (7), approve the petition.

    (7)  Before approving an annexation petition under Subsection (6), the municipal legislative body shall hold a public hearing and provide notice of the public hearing by publishing the notice for the municipality and the area proposed for annexation, as a class B notice under Section 63G-30-102, for at least seven days before the date of the public hearing.

    (8) 

    (a)  Subject to Subsection (8)(b), only a person or entity that is described in Subsection (1) has standing to challenge an annexation in district court.

    (b)  A person or entity described in Subsection (1) may only bring an action in district court to challenge an annexation if the person or entity has timely filed a protest as described in Subsection (2) and exhausted the administrative remedies described in this section.

    Amended by Chapter 435, 2023 General Session
    Amended by Chapter 478, 2023 General Session

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