Annexation policy plan. Except as provided in Subsection (9) , before a municipality may annex an unincorporated area: the municipality's planning commission shall prepare and recommend to the legislative body an…
“Annexation policy plan. Except as provided in Subsection (9) , before a municipality may annex an unincorporated area: the municipality's planning commission shall prepare and recommend to the legislative body an annexation policy plan, as”
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Annexation policy plan. Except as provided in Subsection (9) , before a municipality may annex an unincorporated area: the municipality's planning commission shall prepare and recommend to the legislative body an annexation policy plan, as
hold a public meeting to allow affected entities to examine the proposed annexation policy plan and to provide comments on the proposed annexation policy plan;
A municipality does not have to comply with this section for an annexation petition pending on May 7, 2025.
Section 10-2-803(9)(b)
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Showing 54 of 54 provisions
Provision 54
Part 10-2-8
part 10-2-8 Annexation
§ 10-2-803Annexation policy plan.Provision
Source excerpt
Annexation policy plan. Except as provided in Subsection (9) , before a municipality may annex an unincorporated area: the municipality's planning commission shall prepare and recommend to the legislative body an annexation policy plan, as
Annexation policy plan.
Except as provided in Subsection (9) , before a municipality may annex an unincorporated area: the municipality's planning commission shall prepare and recommend to the legislative body an annexation policy plan, as described in Subsections (2) through (4); and a municipal legislative body shall adopt a recommended annexation policy plan, as described in Subsection (6) . Each proposed annexation policy plan shall include: a map of the expansion area which may include territory located outside the county in which the municipality is located; a statement of the specific criteria that will guide the municipality's decision whether or not to grant future annexation petitions, addressing matters relevant to those criteria including: the character of the community; the need for municipal services in developed and undeveloped unincorporated areas; the municipality's plans for extension of municipal services; how the services will be financed; an estimate of the tax consequences to residents both currently within the municipal boundaries and in the expansion area; and the interests of all affected entities; and justification for excluding from the expansion area any area containing urban development within 1/2 mile of the municipality's boundary; and In addition to the requirements described in Subsection (2)(a), a recommended annexation policy plan shall also include a statement addressing any comments made by affected entities at or within 10 days after the public meeting described in Subsection (4)(d). In preparing a proposed annexation policy plan, the planning commission shall: attempt to avoid gaps between or overlaps with the expansion areas of other municipalities; consider population growth projections for the municipality and adjoining areas for the next 20 years; consider current and projected costs of infrastructure, urban services, and public facilities necessary: to facilitate full development of the area within the municipality; and to expand the infrastructure, services, and facilities into the area being considered for inclusion in the expansion area; consider, in conjunction with the municipality's general plan, the need over the next 20 years for additional land suitable for residential, commercial, and industrial development; consider the reasons for including agricultural lands, forests, recreational areas, and wildlife management areas in the municipality; and be guided by the principles set forth in Subsection 10-2-806(5) . Before presenting a recommended annexation policy plan to a municipal legislative body, the planning commission shall: prepare a proposed annexation policy plan, as described in Subsections (2)(a) and (3); hold a public meeting to allow affected entities to examine the proposed annexation policy plan and to provide comments on the proposed annexation policy plan; provide notice of the public meeting under Subsection (4)(b): as a class A notice, as described in Section 63G-30-102 ; and to each affected entity at least 14 days before the day of the meeting; accept and consider any additional written comments from affected entities for 10 days following the public meeting under Subsection (4)(b) ; if the planning commission receives comments from affected entities under Subsection (4)(b) or written comments under (4)(d): if appropriate, make modifications to the proposed annexation policy plan; and modify the proposed annexation policy plan to include the statement required by Subsection (2)(b); hold a public hearing on the proposed annexation policy plan, including any new modifications to the proposed annexation policy plan under Subsection (4)(e) ; provide notice of the public hearing described in Subsection (4)(f): as class A notice, as described in Section 63G-30-102 ; and to each affected entity at least 14 days before the day of the hearing; make any final modifications to the proposed annexation policy plan, as appropriate, based on public input provided at the public hearing; and submit the planning commission's recommended annexation policy plan to the municipal legislative body. A municipal legislative body may reject a recommended annexation plan or adopt a recommended annexation plan as described in Subsection (6) . To adopt a recommended annexation plan, a municipal body shall: hold a public hearing on the annexation policy plan recommended by the planning commission; provide notice of the public hearing described in Subsection (6)(a) : as class A notice, as described in Section 63G-30-102 ; and to each affected entity at least 14 days before the day of the hearing; after the public hearing, make modifications to the recommended annexation policy plan, as appropriate; and adopt the recommended annexation policy plan, with or without modifications. Within 30 days after adopting a recommended or modified annexation policy plan, the municipal legislative body shall submit a copy of the adopted annexation policy plan to the legislative body of each county in which any of the municipality's expansion area is located. Nothing in this chapter may be construed to prohibit or restrict two or more municipalities from negotiating and cooperating with respect to defining each municipality's expansion area under an annexation policy plan. This section does not apply to a municipality engaged in an automatic annexation under Section 10-2-814 . A municipality is not required to comply with the provisions of this section for an annexation petition that is pending on May 7, 2025.
Before a municipality annexes an unincorporated area, the planning commission must prepare and recommend an annexation policy plan, and the municipal legislative body must adopt a recommended annexation policy plan, except as provided in Subsection (9).
Except as provided in Subsection (9) , before a municipality may annex an unincorporated area: the municipality's planning commission shall prepare and recommend to the legislative body an annexation policy plan, as described in Subsections (2) through (4); and a municipal legislative body shall adopt a recommended annexation policy plan, as described in Subsection (6) .
The municipality’s planning commission must prepare and recommend an annexation policy plan to the legislative body.
the municipality's planning commission shall prepare and recommend to the legislative body an annexation policy plan, as described in Subsections (2) through (4); and
A proposed annexation policy plan must include a map, decision criteria for future annexation petitions, justification for excluding certain nearby urban development, and, for a recommended plan, a statement responding to comments from affected entities.
Each proposed annexation policy plan shall include: a map of the expansion area which may include territory located outside the county in which the municipality is located; a statement of the specific criteria that will guide the municipality's decision whether or not to grant future annexation petitions, addressing matters relevant to those criteria including: the character of the community; the need for municipal services in developed and undeveloped unincorporated areas; the municipality's plans for extension of municipal services; how the services will be financed; an estimate of the tax consequences to residents both currently within the municipal boundaries and in the expansion area; and the interests of all affected entities; and justification for excluding from the expansion area any area containing urban development within 1/2 mile of the municipality's boundary; and In addition to the requirements described in Subsection (2)(a), a recommended annexation policy plan shall also include a statement addressing any comments made by affected entities at or within 10 days after the public meeting described in Subsection (4)(d).
A proposed annexation policy plan must include a map of the expansion area, a statement of the criteria for future annexation decisions, and a justification for excluding certain urban-development areas within 1/2 mile of the municipality boundary.
Each proposed annexation policy plan shall include: a map of the expansion area which may include territory located outside the county in which the municipality is located; a statement of the specific criteria that will guide the municipality's decision whether or not to grant future annexation petitions, addressing matters relevant to those criteria including: the character of the community; the need for municipal services in developed and undeveloped unincorporated areas; the municipality's plans for extension of municipal services; how the services will be financed; an estimate of the tax consequences to residents both currently within the municipal boundaries and in the expansion area; and the interests of all affected entities; and justification for excluding from the expansion area any area containing urban development within 1/2 mile of the municipality's boundary; and
a statement of the specific criteria that will guide the municipality's decision whether or not to grant future annexation petitions, addressing matters relevant to those criteria including: the character of the community; the need for
a statement of the specific criteria that will guide the municipality's decision whether or not to grant future annexation petitions, addressing matters relevant to those criteria including: the character of the community; the need for municipal services in developed and undeveloped unincorporated areas; the municipality's plans for extension of municipal services; how the services will be financed; an estimate of the tax consequences to residents both currently within the municipal boundaries and in the expansion area; and the interests of all affected entities; and
A recommended annexation policy plan must include a statement responding to comments from affected entities received at or within 10 days after the public meeting.
In addition to the requirements described in Subsection (2)(a), a recommended annexation policy plan shall also include a statement addressing any comments made by affected entities at or within 10 days after the public meeting described in Subsection (4)(d).
When preparing a proposed annexation policy plan, the planning commission must consider specified growth, cost, land-use, and policy factors.
In preparing a proposed annexation policy plan, the planning commission shall: attempt to avoid gaps between or overlaps with the expansion areas of other municipalities; consider population growth projections for the municipality and adjoining areas for the next 20 years; consider current and projected costs of infrastructure, urban services, and public facilities necessary: to facilitate full development of the area within the municipality; and to expand the infrastructure, services, and facilities into the area being considered for inclusion in the expansion area; consider, in conjunction with the municipality's general plan, the need over the next 20 years for additional land suitable for residential, commercial, and industrial development; consider the reasons for including agricultural lands, forests, recreational areas, and wildlife management areas in the municipality; and be guided by the principles set forth in Subsection 10-2-806(5) .
The municipality must consider current and projected infrastructure, urban services, and public facility costs.
consider current and projected costs of infrastructure, urban services, and public facilities necessary: to facilitate full development of the area within the municipality; and to expand the infrastructure, services, and facilities into the area being considered for inclusion in the expansion area;
The municipality must consider, together with its general plan, whether more land will be needed over the next 20 years for residential, commercial, and industrial development.
consider, in conjunction with the municipality's general plan, the need over the next 20 years for additional land suitable for residential, commercial, and industrial development;
Before recommending an annexation policy plan to a municipal legislative body, the planning commission must complete several notice, comment, meeting, hearing, modification, and submission steps.
Before presenting a recommended annexation policy plan to a municipal legislative body, the planning commission shall: prepare a proposed annexation policy plan, as described in Subsections (2)(a) and (3); hold a public meeting to allow affected entities to examine the proposed annexation policy plan and to provide comments on the proposed annexation policy plan; provide notice of the public meeting under Subsection (4)(b): as a class A notice, as described in Section 63G-30-102 ; and to each affected entity at least 14 days before the day of the meeting; accept and consider any additional written comments from affected entities for 10 days following the public meeting under Subsection (4)(b) ; if the planning commission receives comments from affected entities under Subsection (4)(b) or written comments under (4)(d): if appropriate, make modifications to the proposed annexation policy plan; and modify the proposed annexation policy plan to include the statement required by Subsection (2)(b); hold a public hearing on the proposed annexation policy plan, including any new modifications to the proposed annexation policy plan under Subsection (4)(e) ; provide notice of the public hearing described in Subsection (4)(f): as class A notice, as described in Section 63G-30-102 ; and to each affected entity at least 14 days before the day of the hearing; make any final modifications to the proposed annexation policy plan, as appropriate, based on public input provided at the public hearing; and submit the planning commission's recommended annexation policy plan to the municipal legislative body.
hold a public meeting to allow affected entities to examine the proposed annexation policy plan and to provide comments on the proposed annexation policy plan;
hold a public meeting to allow affected entities to examine the proposed annexation policy plan and to provide comments on the proposed annexation policy plan;
provide notice of the public meeting under Subsection (4)(b): as a class A notice, as described in Section 63G-30-102 ; and to each affected entity at least 14 days before the day of the meeting;
provide notice of the public meeting under Subsection (4)(b): as a class A notice, as described in Section 63G-30-102 ; and to each affected entity at least 14 days before the day of the meeting;
An office-holder must accept and consider additional written comments from affected entities for 10 days after the public meeting, under Subsection (4)(b).
accept and consider any additional written comments from affected entities for 10 days following the public meeting under Subsection (4)(b) ;
If the planning commission receives comments from affected entities or written comments, it must modify the proposed annexation policy plan, if appropriate, and add the statement required by Subsection (2)(b).
if the planning commission receives comments from affected entities under Subsection (4)(b) or written comments under (4)(d): if appropriate, make modifications to the proposed annexation policy plan; and modify the proposed annexation policy plan to include the statement required by Subsection (2)(b);
An unspecified actor must hold a public hearing on the proposed annexation policy plan, including any new modifications under Subsection (4)(e).
hold a public hearing on the proposed annexation policy plan, including any new modifications to the proposed annexation policy plan under Subsection (4)(e) ;
Notice of the public hearing must be given as class A notice and to each affected entity at least 14 days before the hearing.
provide notice of the public hearing described in Subsection (4)(f): as class A notice, as described in Section 63G-30-102 ; and to each affected entity at least 14 days before the day of the hearing;
A municipal body must hold a public hearing, give required notice, then may modify and adopt the recommended annexation policy plan.
To adopt a recommended annexation plan, a municipal body shall: hold a public hearing on the annexation policy plan recommended by the planning commission; provide notice of the public hearing described in Subsection (6)(a) : as class A notice, as described in Section 63G-30-102 ; and to each affected entity at least 14 days before the day of the hearing; after the public hearing, make modifications to the recommended annexation policy plan, as appropriate; and adopt the recommended annexation policy plan, with or without modifications.
Notice of the public hearing must be given as class A notice and to each affected entity at least 14 days before the hearing.
provide notice of the public hearing described in Subsection (6)(a) : as class A notice, as described in Section 63G-30-102 ; and to each affected entity at least 14 days before the day of the hearing;
The municipal legislative body must submit a copy of the adopted annexation policy plan within 30 days after adopting a recommended or modified annexation policy plan.
Within 30 days after adopting a recommended or modified annexation policy plan, the municipal legislative body shall submit a copy of the adopted annexation policy plan to the legislative body of each county in which any of the municipality's expansion area is located.
This provision says the chapter does not forbid or limit two or more municipalities from negotiating and cooperating on defining each municipality’s expansion area under an annexation policy plan.
Nothing in this chapter may be construed to prohibit or restrict two or more municipalities from negotiating and cooperating with respect to defining each municipality's expansion area under an annexation policy plan.
This section does not apply to a municipality in an automatic annexation under Section 10-2-814, and a municipality is not required to comply with this section for an annexation petition pending on May 7, 2025.
This section does not apply to a municipality engaged in an automatic annexation under Section 10-2-814 . A municipality is not required to comply with the provisions of this section for an annexation petition that is pending on May 7, 2025.
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