United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2-814, 2024

This section defines “most populous bordering municipality” and “unincorporated island,” provides for automatic annexation of certain unincorporated islands on July 1, 2027, and requires notice for affected second-class…

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boundary changesland uselocal governmentmunicipal annexationmunicipal servicesnotice requirements

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2024
Dates: Enacted 2024

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Dates: Enacted 2024

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“This section defines “most populous bordering municipality” and “unincorporated island,” provides for automatic annexation of certain unincorporated islands on July 1, 2027, and requires notice for affected second-class counties.”

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Automatic annexations in counties of the first class and second class -- Notice.

Section 10-2-814

Subsection 10-2-814(1)(b)(ii)(B)

that is not within a municipality;

Section 10-2-814(1)(b)(ii)(B)

Subsection 10-2-814(2)(b)

a municipality other than the most populous bordering municipality if: the other municipality shares a common border with the unincorporated island; and the other municipality and the most populous bordering municipality each adopt a

Section 10-2-814(2)(b)

Subsection 10-2-814(4)(a)(i)(C)

information about the municipality into which the unincorporated island will be annexed including: a summary of services the municipality provides; and the municipality's contact information; and

Section 10-2-814(4)(a)(i)(C)

Subsection 10-2-814(7)

A municipal legislative body in a qualifying county may exempt an unincorporated island, or part of one, from this section by resolution adopted on or before May 1, 2027.

Section 10-2-814(7)

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Source record from le.utah.gov · Enacted 2024

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Showing 35 of 35 provisions

Provision 35

Part 10-2-8

part 10-2-8 Annexation

§ 10-2-814Automatic annexations in counties of the first class and second class -- Notice.Provision

Source excerpt

Automatic annexations in counties of the first class and second class -- Notice. As used in this section: "Most populous bordering municipality" means the municipality with the highest population of any municipality that shares a common border with an unincorporated island. "Unincorporated island" means: within a county of the first class, an area that is: not within a municipality; and completely surrounded by land that is within one or more municipalities within the county of the first class; or within a county of the second class, an area: that is 55 acres or smaller; that is not within a municipality; that is completely surrounded by land that is within one municipality within the county of the second class; and to which the municipality that completely surrounds the area provides sanitary sewer service or culinary water service; that does not contain any public infrastructure; or that contains public infrastructure that currently meets the municipal code and standards of the municipality that completely surrounds the area. Notwithstanding any other provision of this part, on July 1, 2027, an unincorporated island within a county of the first class is automatically annexed to: the most populous bordering municipality, except as provided in Subsection (2)(b); or a municipality other than the most populous bordering municipality if: the other municipality shares a common border with the unincorporated island; and the other municipality and the most populous bordering municipality each adopt a resolution agreeing that the unincorporated island should be annexed to the other municipality. Notwithstanding any other provision of this part, and except as provided in Subsection (6) or (7) , on July 1, 2027, an unincorporated island within a county of the second class is automatically annexed to the municipality that completely surrounds the unincorporated island. No later than May 1, 2027, a county of the second class in which an unincorporated island will be automatically annexed shall: mail written notice to each owner of real property located within the unincorporated island that includes: a description and map of the unincorporated island; the effective date of the automatic annexation; and information about the municipality into which the unincorporated island will be annexed including: a summary of services the municipality provides; and the municipality's contact information; and publish notice of the automatic annexation on the Utah Public Notice Website. A county required to provide the notice described in Subsection (4)(a) shall consult with the applicable municipality when preparing the notice. The notice described in Subsection (4)(a) is in addition to any boundary certification or recording requirements under this chapter. The effective date of an annexation under Subsection (2) or (3) is governed by Section 10-2-813 . A legislative body of a county of the second class with a population of less than 600,000 may exempt an unincorporated island or a portion of an unincorporated island from the requirements of this section by adopting a resolution on or before May 1, 2027, that includes a description or map of each exempted unincorporated island or portion of an unincorporated island. In a county of the second class with a population of 600,000 or more, a legislative body of a municipality may exempt an unincorporated island or a portion of an unincorporated island from the requirements of this section by adopting a resolution on or before May 1, 2027, that includes a description or map of each exempted unincorporated island or portion of an unincorporated island.

Section 10-2-814Verify source

§ 10-2-814(1)Subsection 10-2-814(1)Provision

Source excerpt

As used in this section: "Most populous bordering municipality" means the municipality with the highest population of any municipality that shares a common border with an unincorporated island. "Unincorporated island" means: within a county of the first class, an area that is: not within a municipality; and completely surrounded by land that is within one or more municipalities within the county of the first class; or within a county of the second class, an area: that is 55 acres or smaller; that is not within a municipality; that is completely surrounded by land that is within one municipality within the county of the second class; and to which the municipality that completely surrounds the area provides sanitary sewer service or culinary water service; that does not contain any public infrastructure; or that contains public infrastructure that currently meets the municipal code and standards of the municipality that completely surrounds the area.

Section 10-2-814(1)Verify source

§ 10-2-814(1)(a)Subsection 10-2-814(1)(a)Provision

Source excerpt

“Most populous bordering municipality” means the municipality with the highest population among municipalities that share a common border with an unincorporated island.

"Most populous bordering municipality" means the municipality with the highest population of any municipality that shares a common border with an unincorporated island.

Section 10-2-814(1)(a)Verify source

§ 10-2-814(1)(b)Subsection 10-2-814(1)(b)Provision

Source excerpt

Defines “unincorporated island.”

"Unincorporated island" means: within a county of the first class, an area that is: not within a municipality; and completely surrounded by land that is within one or more municipalities within the county of the first class; or within a county of the second class, an area: that is 55 acres or smaller; that is not within a municipality; that is completely surrounded by land that is within one municipality within the county of the second class; and to which the municipality that completely surrounds the area provides sanitary sewer service or culinary water service; that does not contain any public infrastructure; or that contains public infrastructure that currently meets the municipal code and standards of the municipality that completely surrounds the area.

Section 10-2-814(1)(b)Verify source

§ 10-2-814(1)(b)(i)Subsection 10-2-814(1)(b)(i)Provision

Source excerpt

Describes an area in a first-class county that is not in a municipality and is completely surrounded by land in one or more municipalities.

within a county of the first class, an area that is: not within a municipality; and completely surrounded by land that is within one or more municipalities within the county of the first class; or

Section 10-2-814(1)(b)(i)Verify source

§ 10-2-814(1)(b)(i)(A)Subsection 10-2-814(1)(b)(i)(A)Provision

Source excerpt

not within a municipality; and

Section 10-2-814(1)(b)(i)(A)Verify source

§ 10-2-814(1)(b)(i)(B)Subsection 10-2-814(1)(b)(i)(B)Provision

Source excerpt

completely surrounded by land that is within one or more municipalities within the county of the first class; or

Section 10-2-814(1)(b)(i)(B)Verify source

§ 10-2-814(1)(b)(ii)Subsection 10-2-814(1)(b)(ii)Provision

Source excerpt

within a county of the second class, an area: that is 55 acres or smaller; that is not within a municipality; that is completely surrounded by land that is within one municipality within the county of the second class; and to which the municipality that completely surrounds the area provides sanitary sewer service or culinary water service; that does not contain any public infrastructure; or that contains public infrastructure that currently meets the municipal code and standards of the municipality that completely surrounds the area.

Section 10-2-814(1)(b)(ii)Verify source

§ 10-2-814(1)(b)(ii)(A)Subsection 10-2-814(1)(b)(ii)(A)Provision

Source excerpt

Applies to land that is 55 acres or smaller.

that is 55 acres or smaller;

Section 10-2-814(1)(b)(ii)(A)Verify source

§ 10-2-814(1)(b)(ii)(B)Subsection 10-2-814(1)(b)(ii)(B)Provision

Source excerpt

that is not within a municipality;

Section 10-2-814(1)(b)(ii)(B)Verify source

§ 10-2-814(1)(b)(ii)(C)Subsection 10-2-814(1)(b)(ii)(C)Provision

Source excerpt

that is completely surrounded by land that is within one municipality within the county of the second class; and

Section 10-2-814(1)(b)(ii)(C)Verify source

§ 10-2-814(1)(b)(ii)(D)Subsection 10-2-814(1)(b)(ii)(D)Provision

Source excerpt

to which the municipality that completely surrounds the area provides sanitary sewer service or culinary water service; that does not contain any public infrastructure; or that contains public infrastructure that currently meets the

Section 10-2-814(1)(b)(ii)(D)Verify source

§ 10-2-814(1)(b)(ii)(D)(I)Subsection 10-2-814(1)(b)(ii)(D)(I)Provision

Source excerpt

to which the municipality that completely surrounds the area provides sanitary sewer service or culinary water service;

Section 10-2-814(1)(b)(ii)(D)(I)Verify source

§ 10-2-814(1)(b)(ii)(D)(II)Subsection 10-2-814(1)(b)(ii)(D)(II)Provision

Source excerpt

that does not contain any public infrastructure; or

Section 10-2-814(1)(b)(ii)(D)(II)Verify source

§ 10-2-814(1)(b)(ii)(D)(III)Subsection 10-2-814(1)(b)(ii)(D)(III)Provision

Source excerpt

that contains public infrastructure that currently meets the municipal code and standards of the municipality that completely surrounds the area.

Section 10-2-814(1)(b)(ii)(D)(III)Verify source

§ 10-2-814(2)Subsection 10-2-814(2)Provision

Source excerpt

Notwithstanding any other provision of this part, on July 1, 2027, an unincorporated island within a county of the first class is automatically annexed to: the most populous bordering municipality, except as provided in Subsection (2)(b); or a municipality other than the most populous bordering municipality if: the other municipality shares a common border with the unincorporated island; and the other municipality and the most populous bordering municipality each adopt a resolution agreeing that the unincorporated island should be annexed to the other municipality.

Section 10-2-814(2)Verify source

§ 10-2-814(2)(a)Subsection 10-2-814(2)(a)Provision

Source excerpt

This phrase refers to the most populous bordering municipality, except where Subsection (2)(b) applies.

the most populous bordering municipality, except as provided in Subsection (2)(b); or

Section 10-2-814(2)(a)Verify source

§ 10-2-814(2)(b)Subsection 10-2-814(2)(b)Provision

Source excerpt

Section 10-2-814(2)(b)Verify source

§ 10-2-814(2)(b)(i)Subsection 10-2-814(2)(b)(i)Provision

Source excerpt

the other municipality shares a common border with the unincorporated island; and

Section 10-2-814(2)(b)(i)Verify source

§ 10-2-814(2)(b)(ii)Subsection 10-2-814(2)(b)(ii)Provision

Source excerpt

the other municipality and the most populous bordering municipality each adopt a resolution agreeing that the unincorporated island should be annexed to the other municipality.

Section 10-2-814(2)(b)(ii)Verify source

§ 10-2-814(3)Subsection 10-2-814(3)Provision

Source excerpt

An unincorporated island in a second-class county is automatically annexed to the surrounding municipality on July 1, 2027, unless Subsection (6) or (7) applies.

Notwithstanding any other provision of this part, and except as provided in Subsection (6) or (7) , on July 1, 2027, an unincorporated island within a county of the second class is automatically annexed to the municipality that completely surrounds the unincorporated island.

Section 10-2-814(3)Verify source

§ 10-2-814(4)Subsection 10-2-814(4)Provision

Source excerpt

A qualifying county must mail and publish automatic-annexation notice by May 1, 2027, and include specified information in the mailed notice.

No later than May 1, 2027, a county of the second class in which an unincorporated island will be automatically annexed shall: mail written notice to each owner of real property located within the unincorporated island that includes: a description and map of the unincorporated island; the effective date of the automatic annexation; and information about the municipality into which the unincorporated island will be annexed including: a summary of services the municipality provides; and the municipality's contact information; and publish notice of the automatic annexation on the Utah Public Notice Website. A county required to provide the notice described in Subsection (4)(a) shall consult with the applicable municipality when preparing the notice. The notice described in Subsection (4)(a) is in addition to any boundary certification or recording requirements under this chapter.

Section 10-2-814(4)Verify source

§ 10-2-814(4)(a)Subsection 10-2-814(4)(a)Provision

Source excerpt

A second-class county with an unincorporated island slated for automatic annexation must mail written notice to affected property owners and publish notice on the Utah Public Notice Website by May 1, 2027.

Section 10-2-814(4)(a)Verify source

§ 10-2-814(4)(a)(i)Subsection 10-2-814(4)(a)(i)Provision

Source excerpt

An actor must mail written notice to each owner of real property in the unincorporated island, with specified annexation and municipality information.

mail written notice to each owner of real property located within the unincorporated island that includes: a description and map of the unincorporated island; the effective date of the automatic annexation; and information about the municipality into which the unincorporated island will be annexed including: a summary of services the municipality provides; and the municipality's contact information; and

Section 10-2-814(4)(a)(i)Verify source

§ 10-2-814(4)(a)(i)(A)Subsection 10-2-814(4)(a)(i)(A)Provision

Source excerpt

A description and map of the unincorporated island.

a description and map of the unincorporated island;

Section 10-2-814(4)(a)(i)(A)Verify source

§ 10-2-814(4)(a)(i)(B)Subsection 10-2-814(4)(a)(i)(B)Provision

Source excerpt

Refers to the effective date of the automatic annexation.

the effective date of the automatic annexation; and

Section 10-2-814(4)(a)(i)(B)Verify source

§ 10-2-814(4)(a)(i)(C)Subsection 10-2-814(4)(a)(i)(C)Provision

Source excerpt

information about the municipality into which the unincorporated island will be annexed including: a summary of services the municipality provides; and the municipality's contact information; and

Section 10-2-814(4)(a)(i)(C)Verify source

§ 10-2-814(4)(a)(i)(C)(I)Subsection 10-2-814(4)(a)(i)(C)(I)Provision

Source excerpt

a summary of services the municipality provides; and

Section 10-2-814(4)(a)(i)(C)(I)Verify source

§ 10-2-814(4)(a)(i)(C)(II)Subsection 10-2-814(4)(a)(i)(C)(II)Provision

Source excerpt

the municipality's contact information; and

Section 10-2-814(4)(a)(i)(C)(II)Verify source

§ 10-2-814(4)(a)(ii)Subsection 10-2-814(4)(a)(ii)Provision

Source excerpt

Publish notice of the automatic annexation on the Utah Public Notice Website.

publish notice of the automatic annexation on the Utah Public Notice Website.

Section 10-2-814(4)(a)(ii)Verify source

§ 10-2-814(4)(b)Subsection 10-2-814(4)(b)Provision

Source excerpt

A county preparing the notice in Subsection (4)(a) must consult the applicable municipality.

A county required to provide the notice described in Subsection (4)(a) shall consult with the applicable municipality when preparing the notice.

Section 10-2-814(4)(b)Verify source

§ 10-2-814(4)(c)Subsection 10-2-814(4)(c)Provision

Source excerpt

The notice described in Subsection (4)(a) is in addition to any boundary certification or recording requirements under this chapter.

Section 10-2-814(4)(c)Verify source

§ 10-2-814(5)Subsection 10-2-814(5)Provision

Source excerpt

For annexations under Subsection (2) or (3), the effective date is controlled by Section 10-2-813.

The effective date of an annexation under Subsection (2) or (3) is governed by Section 10-2-813 .

Section 10-2-814(5)Verify source

§ 10-2-814(6)Subsection 10-2-814(6)Provision

Source excerpt

A county legislative body in a second-class county with fewer than 600,000 people may exempt an unincorporated island, or part of one, from this section by passing a resolution by May 1, 2027.

A legislative body of a county of the second class with a population of less than 600,000 may exempt an unincorporated island or a portion of an unincorporated island from the requirements of this section by adopting a resolution on or before May 1, 2027, that includes a description or map of each exempted unincorporated island or portion of an unincorporated island.

Section 10-2-814(6)Verify source

§ 10-2-814(7)Subsection 10-2-814(7)Provision

Source excerpt

A municipal legislative body in a qualifying county may exempt an unincorporated island, or part of one, from this section by resolution adopted on or before May 1, 2027.

In a county of the second class with a population of 600,000 or more, a legislative body of a municipality may exempt an unincorporated island or a portion of an unincorporated island from the requirements of this section by adopting a resolution on or before May 1, 2027, that includes a description or map of each exempted unincorporated island or portion of an unincorporated island.

Section 10-2-814(7)Verify source

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Utah Code § 10-2-814, 2024

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