United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2-801

This section defines annexation-related terms used in the part.

Source excerpt

acreage thresholdannexationannexation planningboundary adjustmentconstruction costsdevelopmentland usemunicipal annexationparcel aggregationpetition or protest filingproperty ownership recordsreal propertyreal property classificationreal property ownershipzoning

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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Definitions.

This section defines annexation-related terms used in the part.

Section 10-2-801

Subsection 10-2-801(5)(a)

Refers to a municipality that annexes an unincorporated area.

Section 10-2-801(5)(a)

Subsection 10-2-801(12)(b)

This applies to a lessee of military land when the area proposed for annexation includes military land within a project area in an adopted project area plan.

Section 10-2-801(12)(b)

Subsection 10-2-801(14)(a)(ii)

Something must consist of at least 1,000 total acres.

Section 10-2-801(14)(a)(ii)

Subsection 10-2-801(17)(b)

Applies to a commercial or industrial development if cost projections for all phases exceed $750,000.

Section 10-2-801(17)(b)

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Showing 56 of 56 provisions

Provision 55Interpretation

Part 10-2-8

part 10-2-8 Annexation

§ 10-2-801Definitions.Interpretation

Source excerpt

This section defines annexation-related terms used in the part.

Definitions. As used in this part: "Affected area" means an annexed area or area proposed for annexation. "Affected entity" means: a county of the first or second class in whose unincorporated area the area proposed for annexation is located; 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; 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; 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 a municipality whose boundaries are within 1/2 mile of an area proposed for annexation. "Annexation action" means: the enactment of an ordinance annexing an unincorporated area; the enactment of an ordinance approving a boundary adjustment by each of the municipalities involved in the boundary adjustment; or an automatic annexation that occurs on July 1, 2027, under Subsection 10-2-814(5) . "Annexation petition" means a petition under Section 10-2-806 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality. "Annexing municipality" means: the municipality that annexes an unincorporated area; or the municipality to which an unincorporated island is automatically annexed under Section 10-2-814 . "Applicable legislative body" means: the legislative body of each municipality that enacts an ordinance under this part approving the annexation of an unincorporated area or the adjustment of a boundary; or the legislative body of a municipality to which an unincorporated island is automatically annexed under Section 10-2-814 . "Expansion area" means the unincorporated area that is identified in an annexation policy plan under Section 10-2-803 as the area that the municipality anticipates annexing in the future. "Feasibility consultant" means a person or firm with expertise in the processes and economics of local government. "Mining protection area" means the same as that term is defined in Section 17-41-101 . "Municipal records officer" means a: city recorder; or town clerk. "Municipal selection committee" means a committee in each county composed of the mayor of each municipality within that county. "Owner of real property" means: the record title owner according to the records of the county recorder on the date of the filing of the petition or protest; or the lessee of military land, as defined in Section 63H-1-102 , if the area proposed for annexation includes military land that is within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act. "Private," with respect to real property, means not owned by: the United States or any agency of the federal government; the state; a county; a municipality; a school district; a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts ; a special service district under Title 17D, Chapter 1, Special Service District Act ; or any other political subdivision or governmental entity of the state. "Rural real property" means a group of contiguous tax parcels, or a single tax parcel, that: are under common ownership; consist of no less than 1,000 total acres; are zoned for manufacturing or agricultural purposes; and do not have a residential unit density greater than one unit per acre. "Rural real property" includes any portion of private real property, if the private real property: qualifies as rural real property under Subsection (14)(a) ; and consists of more than 1,500 total acres. "Specified county" means a county of the second, third, fourth, fifth, or sixth class. "Unincorporated peninsula" means an unincorporated area: that is part of a larger unincorporated area; that extends from the rest of the unincorporated area of which it is a part; that is surrounded by land that is within a municipality, except where the area connects to and extends from the rest of the unincorporated area of which it is a part; and whose width, at any point where a straight line may be drawn from a place where it borders a municipality to another place where it borders a municipality, is no more than 25% of the boundary of the area where it borders a municipality. "Urban development" means: a housing development with more than 15 residential units and an average density greater than one residential unit per acre; or a commercial or industrial development for which cost projections exceed $750,000 for all phases.

Section 10-2-801Verify source

§ 10-2-801(1)Subsection 10-2-801(1)Provision

Source excerpt

"Affected area" means an annexed area or area proposed for annexation.

Section 10-2-801(1)Verify source

§ 10-2-801(2)Subsection 10-2-801(2)Provision

Source excerpt

This provision defines “affected entity” for annexation matters.

"Affected entity" means: a county of the first or second class in whose unincorporated area the area proposed for annexation is located; 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; 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; 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 a municipality whose boundaries are within 1/2 mile of an area proposed for annexation.

Section 10-2-801(2)Verify source

§ 10-2-801(2)(a)Subsection 10-2-801(2)(a)Provision

Source excerpt

Refers to a county of the first or second class whose unincorporated area contains the area proposed for annexation.

a county of the first or second class in whose unincorporated area the area proposed for annexation is located;

Section 10-2-801(2)(a)Verify source

§ 10-2-801(2)(b)Subsection 10-2-801(2)(b)Provision

Source excerpt

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;

Section 10-2-801(2)(b)Verify source

§ 10-2-801(2)(c)Subsection 10-2-801(2)(c)Provision

Source excerpt

This subsection refers to a special district or special service district whose boundary includes part of an area proposed for annexation.

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;

Section 10-2-801(2)(c)Verify source

§ 10-2-801(2)(d)Subsection 10-2-801(2)(d)Provision

Source excerpt

This text identifies a school district covered by a proposed annexation area when its boundary includes part of that area and the boundary is proposed to be adjusted because of the annexation.

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

Section 10-2-801(2)(d)Verify source

§ 10-2-801(2)(e)Subsection 10-2-801(2)(e)Provision

Source excerpt

Refers to a municipality whose boundaries are within 1/2 mile of an area proposed for annexation.

a municipality whose boundaries are within 1/2 mile of an area proposed for annexation.

Section 10-2-801(2)(e)Verify source

§ 10-2-801(3)Subsection 10-2-801(3)Provision

Source excerpt

“Annexation action” is defined to include certain ordinances and an automatic annexation on July 1, 2027.

"Annexation action" means: the enactment of an ordinance annexing an unincorporated area; the enactment of an ordinance approving a boundary adjustment by each of the municipalities involved in the boundary adjustment; or an automatic annexation that occurs on July 1, 2027, under Subsection 10-2-814(5) .

Section 10-2-801(3)Verify source

§ 10-2-801(3)(a)Subsection 10-2-801(3)(a)Provision

Source excerpt

the enactment of an ordinance annexing an unincorporated area;

Section 10-2-801(3)(a)Verify source

§ 10-2-801(3)(b)Subsection 10-2-801(3)(b)Provision

Source excerpt

the enactment of an ordinance approving a boundary adjustment by each of the municipalities involved in the boundary adjustment; or

Section 10-2-801(3)(b)Verify source

§ 10-2-801(3)(c)Subsection 10-2-801(3)(c)Provision

Source excerpt

This provision refers to an automatic annexation that occurs on July 1, 2027, under Subsection 10-2-814(5).

an automatic annexation that occurs on July 1, 2027, under Subsection 10-2-814(5) .

Section 10-2-801(3)(c)Verify source

§ 10-2-801(4)Subsection 10-2-801(4)Provision

Source excerpt

Defines “annexation petition” as a petition under Section 10-2-806 seeking annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality.

"Annexation petition" means a petition under Section 10-2-806 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality.

Section 10-2-801(4)Verify source

§ 10-2-801(5)Subsection 10-2-801(5)Provision

Source excerpt

“Annexing municipality” means the municipality that annexes an unincorporated area, or the municipality to which an unincorporated island is automatically annexed under Section 10-2-814.

"Annexing municipality" means: the municipality that annexes an unincorporated area; or the municipality to which an unincorporated island is automatically annexed under Section 10-2-814 .

Section 10-2-801(5)Verify source

§ 10-2-801(5)(a)Subsection 10-2-801(5)(a)Provision

Source excerpt

Refers to a municipality that annexes an unincorporated area.

the municipality that annexes an unincorporated area; or

Section 10-2-801(5)(a)Verify source

§ 10-2-801(5)(b)Subsection 10-2-801(5)(b)Provision

Source excerpt

the municipality to which an unincorporated island is automatically annexed under Section 10-2-814 .

Section 10-2-801(5)(b)Verify source

§ 10-2-801(6)Subsection 10-2-801(6)Provision

Source excerpt

Defines “applicable legislative body.”

"Applicable legislative body" means: the legislative body of each municipality that enacts an ordinance under this part approving the annexation of an unincorporated area or the adjustment of a boundary; or the legislative body of a municipality to which an unincorporated island is automatically annexed under Section 10-2-814 .

Section 10-2-801(6)Verify source

§ 10-2-801(6)(a)Subsection 10-2-801(6)(a)Provision

Source excerpt

Refers to the legislative body of each municipality that passes an ordinance under this part approving annexation of an unincorporated area or a boundary adjustment.

the legislative body of each municipality that enacts an ordinance under this part approving the annexation of an unincorporated area or the adjustment of a boundary; or

Section 10-2-801(6)(a)Verify source

§ 10-2-801(6)(b)Subsection 10-2-801(6)(b)Provision

Source excerpt

Refers to the legislative body of a municipality when an unincorporated island is automatically annexed under Section 10-2-814.

the legislative body of a municipality to which an unincorporated island is automatically annexed under Section 10-2-814 .

Section 10-2-801(6)(b)Verify source

§ 10-2-801(7)Subsection 10-2-801(7)Provision

Source excerpt

“Expansion area” means the unincorporated area identified in an annexation policy plan as the area the municipality expects to annex in the future.

"Expansion area" means the unincorporated area that is identified in an annexation policy plan under Section 10-2-803 as the area that the municipality anticipates annexing in the future.

Section 10-2-801(7)Verify source

§ 10-2-801(8)Subsection 10-2-801(8)Provision

Source excerpt

“Feasibility consultant” means a person or firm with expertise in local government processes and economics.

"Feasibility consultant" means a person or firm with expertise in the processes and economics of local government.

Section 10-2-801(8)Verify source

§ 10-2-801(9)Subsection 10-2-801(9)Provision

Source excerpt

“Mining protection area” has the same meaning as in Section 17-41-101.

"Mining protection area" means the same as that term is defined in Section 17-41-101 .

Section 10-2-801(9)Verify source

§ 10-2-801(10)Subsection 10-2-801(10)Provision

Source excerpt

"Municipal records officer" means a city recorder or town clerk.

"Municipal records officer" means a: city recorder; or town clerk.

Section 10-2-801(10)Verify source

§ 10-2-801(10)(a)Subsection 10-2-801(10)(a)Provision

Source excerpt

city recorder; or

Section 10-2-801(10)(a)Verify source

§ 10-2-801(10)(b)Subsection 10-2-801(10)(b)Provision

Source excerpt

town clerk.

Section 10-2-801(10)(b)Verify source

§ 10-2-801(11)Subsection 10-2-801(11)Provision

Source excerpt

“Municipal selection committee” means a committee in each county made up of the mayors of the municipalities in that county.

"Municipal selection committee" means a committee in each county composed of the mayor of each municipality within that county.

Section 10-2-801(11)Verify source

§ 10-2-801(12)Subsection 10-2-801(12)Provision

Source excerpt

"Owner of real property" is defined to include the county-recorder record title owner on the petition or protest filing date, and in some annexation areas, the lessee of military land.

"Owner of real property" means: the record title owner according to the records of the county recorder on the date of the filing of the petition or protest; or the lessee of military land, as defined in Section 63H-1-102 , if the area proposed for annexation includes military land that is within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act.

Section 10-2-801(12)Verify source

§ 10-2-801(12)(a)Subsection 10-2-801(12)(a)Provision

Source excerpt

the record title owner according to the records of the county recorder on the date of the filing of the petition or protest; or

Section 10-2-801(12)(a)Verify source

§ 10-2-801(12)(b)Subsection 10-2-801(12)(b)Provision

Source excerpt

This applies to a lessee of military land when the area proposed for annexation includes military land within a project area in an adopted project area plan.

the lessee of military land, as defined in Section 63H-1-102 , if the area proposed for annexation includes military land that is within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act.

Section 10-2-801(12)(b)Verify source

§ 10-2-801(13)Subsection 10-2-801(13)Provision

Source excerpt

For real property, “private” means not owned by the listed federal, state, and local public bodies.

"Private," with respect to real property, means not owned by: the United States or any agency of the federal government; the state; a county; a municipality; a school district; a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts ; a special service district under Title 17D, Chapter 1, Special Service District Act ; or any other political subdivision or governmental entity of the state.

Section 10-2-801(13)Verify source

§ 10-2-801(13)(a)Subsection 10-2-801(13)(a)Provision

Source excerpt

Refers to the United States or a federal agency.

the United States or any agency of the federal government;

Section 10-2-801(13)(a)Verify source

§ 10-2-801(13)(b)Subsection 10-2-801(13)(b)Provision

Source excerpt

the state;

Section 10-2-801(13)(b)Verify source

§ 10-2-801(13)(c)Subsection 10-2-801(13)(c)Provision

Source excerpt

References a county.

a county;

Section 10-2-801(13)(c)Verify source

§ 10-2-801(13)(d)Subsection 10-2-801(13)(d)Provision

Source excerpt

Refers to a municipality.

a municipality;

Section 10-2-801(13)(d)Verify source

§ 10-2-801(13)(e)Subsection 10-2-801(13)(e)Provision

Source excerpt

References a school district.

a school district;

Section 10-2-801(13)(e)Verify source

§ 10-2-801(13)(f)Subsection 10-2-801(13)(f)Provision

Source excerpt

Refers to a special district under Title 17B.

a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts ;

Section 10-2-801(13)(f)Verify source

§ 10-2-801(13)(g)Subsection 10-2-801(13)(g)Provision

Source excerpt

a special service district under Title 17D, Chapter 1, Special Service District Act ; or

Section 10-2-801(13)(g)Verify source

§ 10-2-801(13)(h)Subsection 10-2-801(13)(h)Provision

Source excerpt

any other political subdivision or governmental entity of the state.

Section 10-2-801(13)(h)Verify source

§ 10-2-801(14)Subsection 10-2-801(14)Provision

Source excerpt

"Rural real property" means certain contiguous tax parcels or a single tax parcel that meet ownership, acreage, zoning, and residential density criteria.

"Rural real property" means a group of contiguous tax parcels, or a single tax parcel, that: are under common ownership; consist of no less than 1,000 total acres; are zoned for manufacturing or agricultural purposes; and do not have a residential unit density greater than one unit per acre. "Rural real property" includes any portion of private real property, if the private real property: qualifies as rural real property under Subsection (14)(a) ; and consists of more than 1,500 total acres.

Section 10-2-801(14)Verify source

§ 10-2-801(14)(a)Subsection 10-2-801(14)(a)Provision

Source excerpt

Section 10-2-801(14)(a)Verify source

§ 10-2-801(14)(a)(i)Subsection 10-2-801(14)(a)(i)Provision

Source excerpt

are under common ownership;

Section 10-2-801(14)(a)(i)Verify source

§ 10-2-801(14)(a)(ii)Subsection 10-2-801(14)(a)(ii)Provision

Source excerpt

Something must consist of at least 1,000 total acres.

consist of no less than 1,000 total acres;

Section 10-2-801(14)(a)(ii)Verify source

§ 10-2-801(14)(a)(iii)Subsection 10-2-801(14)(a)(iii)Provision

Source excerpt

are zoned for manufacturing or agricultural purposes; and

Section 10-2-801(14)(a)(iii)Verify source

§ 10-2-801(14)(a)(iv)Subsection 10-2-801(14)(a)(iv)Provision

Source excerpt

do not have a residential unit density greater than one unit per acre.

Section 10-2-801(14)(a)(iv)Verify source

§ 10-2-801(14)(b)Subsection 10-2-801(14)(b)Provision

Source excerpt

‘Rural real property’ can include private real property that meets Subsection (14)(a) and exceeds 1,500 total acres.

"Rural real property" includes any portion of private real property, if the private real property: qualifies as rural real property under Subsection (14)(a) ; and consists of more than 1,500 total acres.

Section 10-2-801(14)(b)Verify source

§ 10-2-801(14)(b)(i)Subsection 10-2-801(14)(b)(i)Provision

Source excerpt

qualifies as rural real property under Subsection (14)(a) ; and

Section 10-2-801(14)(b)(i)Verify source

§ 10-2-801(14)(b)(ii)Subsection 10-2-801(14)(b)(ii)Provision

Source excerpt

consists of more than 1,500 total acres.

Section 10-2-801(14)(b)(ii)Verify source

§ 10-2-801(15)Subsection 10-2-801(15)Provision

Source excerpt

"Specified county" means a county of the second, third, fourth, fifth, or sixth class.

Section 10-2-801(15)Verify source

§ 10-2-801(16)Subsection 10-2-801(16)Provision

Source excerpt

Defines “unincorporated peninsula” as an unincorporated area meeting specified geographic conditions, including a 25% width limit.

"Unincorporated peninsula" means an unincorporated area: that is part of a larger unincorporated area; that extends from the rest of the unincorporated area of which it is a part; that is surrounded by land that is within a municipality, except where the area connects to and extends from the rest of the unincorporated area of which it is a part; and whose width, at any point where a straight line may be drawn from a place where it borders a municipality to another place where it borders a municipality, is no more than 25% of the boundary of the area where it borders a municipality.

Section 10-2-801(16)Verify source

§ 10-2-801(16)(a)Subsection 10-2-801(16)(a)Provision

Source excerpt

that is part of a larger unincorporated area;

Section 10-2-801(16)(a)Verify source

§ 10-2-801(16)(b)Subsection 10-2-801(16)(b)Provision

Source excerpt

that extends from the rest of the unincorporated area of which it is a part;

Section 10-2-801(16)(b)Verify source

§ 10-2-801(16)(c)Subsection 10-2-801(16)(c)Provision

Source excerpt

The area is treated as surrounded by land within a municipality, except when it connects to and extends from the rest of the unincorporated area it belongs to.

that is surrounded by land that is within a municipality, except where the area connects to and extends from the rest of the unincorporated area of which it is a part; and

Section 10-2-801(16)(c)Verify source

§ 10-2-801(16)(d)Subsection 10-2-801(16)(d)Provision

Source excerpt

The area’s width, measured where a straight line can be drawn between two municipal border points, must be no more than 25% of the boundary of the area where it borders a municipality.

whose width, at any point where a straight line may be drawn from a place where it borders a municipality to another place where it borders a municipality, is no more than 25% of the boundary of the area where it borders a municipality.

Section 10-2-801(16)(d)Verify source

§ 10-2-801(17)Subsection 10-2-801(17)Provision

Source excerpt

Defines “Urban development” as certain housing, commercial, or industrial projects that meet stated size, density, or cost thresholds.

"Urban development" means: a housing development with more than 15 residential units and an average density greater than one residential unit per acre; or a commercial or industrial development for which cost projections exceed $750,000 for all phases.

Section 10-2-801(17)Verify source

§ 10-2-801(17)(a)Subsection 10-2-801(17)(a)Provision

Source excerpt

A housing development is described as having more than 15 residential units and an average density greater than one residential unit per acre, or.

a housing development with more than 15 residential units and an average density greater than one residential unit per acre; or

Section 10-2-801(17)(a)Verify source

§ 10-2-801(17)(b)Subsection 10-2-801(17)(b)Provision

Source excerpt

Applies to a commercial or industrial development if cost projections for all phases exceed $750,000.

a commercial or industrial development for which cost projections exceed $750,000 for all phases.

Section 10-2-801(17)(b)Verify source

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Utah Code § 10-2-801

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