United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-201.5

An area may incorporate as a town or city only if it meets the listed size, population, contiguity, and municipal-status conditions, and several limits apply to certain land and parcel configurations.

annexationcontiguityfeasibility requestincorporationland uselocal governmentmunicipal formationmunicipal incorporationpopulation thresholdpopulation thresholdsproperty subdivision

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“An area may incorporate as a town or city only if it meets the listed size, population, contiguity, and municipal-status conditions, and several limits apply to certain land and parcel configurations.”

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Qualifications for incorporation.

An area may incorporate as a town or city only if it meets the listed size, population, contiguity, and municipal-status conditions, and several limits apply to certain land and parcel configurations.

Section 10-2a-201.5

Subsection 10-2a-201.5(2)(b)

Incorporation of an area is allowed despite noncompliance with Subsection (2)(a)(ii) when that noncompliance is necessary to connect separate areas sharing a demonstrable community interest, and the area is contiguous.

Section 10-2a-201.5(2)(b)

Subsection 10-2a-201.5(4)(a)(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

Section 10-2a-201.5(4)(a)(i)

Subsection 10-2a-201.5(5)(b)

Real property with more than one parcel number is treated as a single parcel for Subsection (5)(a) if it is owned by the same owner.

Section 10-2a-201.5(5)(b)

04

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Showing 39 of 39 provisions

Provision 39

Part 10-2a-2

part 10-2a-2 Incorporation of a Municipality

§ 10-2a-201.5Qualifications for incorporation.Provision

An area may incorporate as a town or city only if it meets the listed size, population, contiguity, and municipal-status conditions, and several limits apply to certain land and parcel configurations.

Qualifications for incorporation. An area may incorporate as a town in accordance with this part if the area: is contiguous; or is a community council area; has a population of at least 75 people, but fewer than 1,000 people; and is not already part of a municipality. A preliminary municipality may transition to, and incorporate as, a town, in accordance with Section 10-2a-510 . An area may incorporate as a city in accordance with this part if the area: is contiguous; or is a community council area; has a population of 1,000 people or more; and is not already part of a municipality. An area may not incorporate under this part if: the area has a population of fewer than 75 people; or except as provided in Subsection (2)(b) , the area has an average population density of fewer than seven people per square mile. Subsection (2)(a)(ii) does not prohibit incorporation of an area if: noncompliance with Subsection (2)(a)(ii) is necessary to connect separate areas that share a demonstrable community interest; and the area is contiguous. An area incorporating under this part may not include land owned by the United States federal government unless: the area, including the land owned by the United States federal government, is contiguous; and incorporating the land is necessary to connect separate areas that share a demonstrable community interest; or excluding the land from the incorporating area would create an unincorporated island within the proposed municipality. 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 10-2-806 that: was filed before the filing of the request for a feasibility study, described in Section 10-2a-202 , relating to the incorporating area; and is still pending on the date the request for the feasibility study described in Subsection (4)(a)(i) is filed. 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: the proposed annexation area that is part of the area proposed for incorporation does not exceed 20% of the area proposed for incorporation; the feasibility request complies with Subsections 10-2a-202(1) , (3), (4), and (5) with respect to excluding the proposed annexation area from the area proposed for incorporation; and excluding the area proposed for annexation from the area proposed for incorporation would not cause the area proposed for incorporation to not be contiguous. 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. 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. 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.
Section 10-2a-201.5Verify source
§ 10-2a-201.5(1)Subsection 10-2a-201.5(1)Provision

An area may incorporate as a town or a city if it meets the listed population and location conditions; a preliminary municipality may also transition to and incorporate as a town under Section 10-2a-510.

An area may incorporate as a town in accordance with this part if the area: is contiguous; or is a community council area; has a population of at least 75 people, but fewer than 1,000 people; and is not already part of a municipality. A preliminary municipality may transition to, and incorporate as, a town, in accordance with Section 10-2a-510 . An area may incorporate as a city in accordance with this part if the area: is contiguous; or is a community council area; has a population of 1,000 people or more; and is not already part of a municipality.
Section 10-2a-201.5(1)Verify source
§ 10-2a-201.5(1)(a)Subsection 10-2a-201.5(1)(a)Provision

An area may incorporate as a town if it meets the listed conditions.

An area may incorporate as a town in accordance with this part if the area: is contiguous; or is a community council area; has a population of at least 75 people, but fewer than 1,000 people; and is not already part of a municipality.
Section 10-2a-201.5(1)(a)Verify source
§ 10-2a-201.5(1)(a)(i)Subsection 10-2a-201.5(1)(a)(i)Provision

is contiguous; or is a community council area;

is contiguous; or is a community council area;
Section 10-2a-201.5(1)(a)(i)Verify source
§ 10-2a-201.5(1)(a)(i)(A)Subsection 10-2a-201.5(1)(a)(i)(A)Provision

is contiguous; or

is contiguous; or
Section 10-2a-201.5(1)(a)(i)(A)Verify source
§ 10-2a-201.5(1)(a)(i)(B)Subsection 10-2a-201.5(1)(a)(i)(B)Provision

is a community council area;

is a community council area;
Section 10-2a-201.5(1)(a)(i)(B)Verify source
§ 10-2a-201.5(1)(a)(ii)Subsection 10-2a-201.5(1)(a)(ii)Provision

A population must be at least 75 people but fewer than 1,000 people.

has a population of at least 75 people, but fewer than 1,000 people; and
Section 10-2a-201.5(1)(a)(ii)Verify source
§ 10-2a-201.5(1)(a)(iii)Subsection 10-2a-201.5(1)(a)(iii)Provision

is not already part of a municipality.

is not already part of a municipality.
Section 10-2a-201.5(1)(a)(iii)Verify source
§ 10-2a-201.5(1)(b)Subsection 10-2a-201.5(1)(b)Provision

A preliminary municipality may transition to, and incorporate as, a town, in accordance with Section 10-2a-510 .

A preliminary municipality may transition to, and incorporate as, a town, in accordance with Section 10-2a-510 .
Section 10-2a-201.5(1)(b)Verify source
§ 10-2a-201.5(1)(c)Subsection 10-2a-201.5(1)(c)Provision

An area may incorporate as a city if it meets the stated conditions, including contiguity or being a community council area, a population of at least 1,000 people, and not already being part of a municipality.

An area may incorporate as a city in accordance with this part if the area: is contiguous; or is a community council area; has a population of 1,000 people or more; and is not already part of a municipality.
Section 10-2a-201.5(1)(c)Verify source
§ 10-2a-201.5(1)(c)(i)Subsection 10-2a-201.5(1)(c)(i)Provision

is contiguous; or is a community council area;

is contiguous; or is a community council area;
Section 10-2a-201.5(1)(c)(i)Verify source
§ 10-2a-201.5(1)(c)(i)(A)Subsection 10-2a-201.5(1)(c)(i)(A)Provision

is contiguous; or

is contiguous; or
Section 10-2a-201.5(1)(c)(i)(A)Verify source
§ 10-2a-201.5(1)(c)(i)(B)Subsection 10-2a-201.5(1)(c)(i)(B)Provision

is a community council area;

is a community council area;
Section 10-2a-201.5(1)(c)(i)(B)Verify source
§ 10-2a-201.5(1)(c)(ii)Subsection 10-2a-201.5(1)(c)(ii)Provision

Applies to something with a population of 1,000 people or more.

has a population of 1,000 people or more; and
Section 10-2a-201.5(1)(c)(ii)Verify source
§ 10-2a-201.5(1)(c)(iii)Subsection 10-2a-201.5(1)(c)(iii)Provision

is not already part of a municipality.

is not already part of a municipality.
Section 10-2a-201.5(1)(c)(iii)Verify source
§ 10-2a-201.5(2)Subsection 10-2a-201.5(2)Provision

An area may not incorporate under this part if it has fewer than 75 people or an average population density below seven people per square mile, subject to the stated exception.

An area may not incorporate under this part if: the area has a population of fewer than 75 people; or except as provided in Subsection (2)(b) , the area has an average population density of fewer than seven people per square mile. Subsection (2)(a)(ii) does not prohibit incorporation of an area if: noncompliance with Subsection (2)(a)(ii) is necessary to connect separate areas that share a demonstrable community interest; and the area is contiguous.
Section 10-2a-201.5(2)Verify source
§ 10-2a-201.5(2)(a)Subsection 10-2a-201.5(2)(a)Provision

An area may not incorporate under this part if it has fewer than 75 people, or if its average population density is fewer than seven people per square mile except as provided in Subsection (2)(b).

An area may not incorporate under this part if: the area has a population of fewer than 75 people; or except as provided in Subsection (2)(b) , the area has an average population density of fewer than seven people per square mile.
Section 10-2a-201.5(2)(a)Verify source
§ 10-2a-201.5(2)(a)(i)Subsection 10-2a-201.5(2)(a)(i)Provision

An area qualifies if its population is fewer than 75 people.

the area has a population of fewer than 75 people; or
Section 10-2a-201.5(2)(a)(i)Verify source
§ 10-2a-201.5(2)(a)(ii)Subsection 10-2a-201.5(2)(a)(ii)Provision

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

except as provided in Subsection (2)(b) , the area has an average population density of fewer than seven people per square mile.
Section 10-2a-201.5(2)(a)(ii)Verify source
§ 10-2a-201.5(2)(b)Subsection 10-2a-201.5(2)(b)Provision

Incorporation of an area is allowed despite noncompliance with Subsection (2)(a)(ii) when that noncompliance is necessary to connect separate areas sharing a demonstrable community interest, and the area is contiguous.

Subsection (2)(a)(ii) does not prohibit incorporation of an area if: noncompliance with Subsection (2)(a)(ii) is necessary to connect separate areas that share a demonstrable community interest; and the area is contiguous.
Section 10-2a-201.5(2)(b)Verify source
§ 10-2a-201.5(2)(b)(i)Subsection 10-2a-201.5(2)(b)(i)Provision

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

noncompliance with Subsection (2)(a)(ii) is necessary to connect separate areas that share a demonstrable community interest; and
Section 10-2a-201.5(2)(b)(i)Verify source
§ 10-2a-201.5(2)(b)(ii)Subsection 10-2a-201.5(2)(b)(ii)Provision

the area is contiguous.

the area is contiguous.
Section 10-2a-201.5(2)(b)(ii)Verify source
§ 10-2a-201.5(3)Subsection 10-2a-201.5(3)Provision

An incorporating area may not include U.S. federal government land unless the stated contiguity, community-interest, or unincorporated-island conditions are met.

An area incorporating under this part may not include land owned by the United States federal government unless: the area, including the land owned by the United States federal government, is contiguous; and incorporating the land is necessary to connect separate areas that share a demonstrable community interest; or excluding the land from the incorporating area would create an unincorporated island within the proposed municipality.
Section 10-2a-201.5(3)Verify source
§ 10-2a-201.5(3)(a)Subsection 10-2a-201.5(3)(a)Provision

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

the area, including the land owned by the United States federal government, is contiguous; and
Section 10-2a-201.5(3)(a)Verify source
§ 10-2a-201.5(3)(b)Subsection 10-2a-201.5(3)(b)Provision

incorporating the land is necessary to connect separate areas that share a demonstrable community interest; or excluding the land from the incorporating area would create an unincorporated island within the proposed municipality.

incorporating the land is necessary to connect separate areas that share a demonstrable community interest; or excluding the land from the incorporating area would create an unincorporated island within the proposed municipality.
Section 10-2a-201.5(3)(b)Verify source
§ 10-2a-201.5(3)(b)(i)Subsection 10-2a-201.5(3)(b)(i)Provision

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

incorporating the land is necessary to connect separate areas that share a demonstrable community interest; or
Section 10-2a-201.5(3)(b)(i)Verify source
§ 10-2a-201.5(3)(b)(ii)Subsection 10-2a-201.5(3)(b)(ii)Provision

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

excluding the land from the incorporating area would create an unincorporated island within the proposed municipality.
Section 10-2a-201.5(3)(b)(ii)Verify source
§ 10-2a-201.5(4)Subsection 10-2a-201.5(4)Provision

Limits when an incorporation area may include land already proposed for annexation, with a 20% cap and contiguity conditions, and directs the lieutenant governor to treat covered feasibility requests as not proposing that annexation land.

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 10-2-806 that: was filed before the filing of the request for a feasibility study, described in Section 10-2a-202 , relating to the incorporating area; and is still pending on the date the request for the feasibility study described in Subsection (4)(a)(i) is filed. 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: the proposed annexation area that is part of the area proposed for incorporation does not exceed 20% of the area proposed for incorporation; the feasibility request complies with Subsections 10-2a-202(1) , (3), (4), and (5) with respect to excluding the proposed annexation area from the area proposed for incorporation; and excluding the area proposed for annexation from the area proposed for incorporation would not cause the area proposed for incorporation to not be contiguous. 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.
Section 10-2a-201.5(4)Verify source
§ 10-2a-201.5(4)(a)Subsection 10-2a-201.5(4)(a)Provision

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 a pending annexation petition filed before the feasibility-study request.

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 10-2-806 that: was filed before the filing of the request for a feasibility study, described in Section 10-2a-202 , relating to the incorporating area; and is still pending on the date the request for the feasibility study described in Subsection (4)(a)(i) is filed.
Section 10-2a-201.5(4)(a)Verify source
§ 10-2a-201.5(4)(a)(i)Subsection 10-2a-201.5(4)(a)(i)Provision

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

was filed before the filing of the request for a feasibility study, described in Section 10-2a-202 , relating to the incorporating area; and
Section 10-2a-201.5(4)(a)(i)Verify source
§ 10-2a-201.5(4)(a)(ii)Subsection 10-2a-201.5(4)(a)(ii)Provision

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

is still pending on the date the request for the feasibility study described in Subsection (4)(a)(i) is filed.
Section 10-2a-201.5(4)(a)(ii)Verify source
§ 10-2a-201.5(4)(b)Subsection 10-2a-201.5(4)(b)Provision

A feasibility request may propose incorporating land that overlaps some or all of an annexation area, if the overlap stays within the stated limits.

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: the proposed annexation area that is part of the area proposed for incorporation does not exceed 20% of the area proposed for incorporation; the feasibility request complies with Subsections 10-2a-202(1) , (3), (4), and (5) with respect to excluding the proposed annexation area from the area proposed for incorporation; and excluding the area proposed for annexation from the area proposed for incorporation would not cause the area proposed for incorporation to not be contiguous.
Section 10-2a-201.5(4)(b)Verify source
§ 10-2a-201.5(4)(b)(i)Subsection 10-2a-201.5(4)(b)(i)Provision

The proposed annexation area may not be more than 20% of the area proposed for incorporation.

the proposed annexation area that is part of the area proposed for incorporation does not exceed 20% of the area proposed for incorporation;
Section 10-2a-201.5(4)(b)(i)Verify source
§ 10-2a-201.5(4)(b)(ii)Subsection 10-2a-201.5(4)(b)(ii)Provision

the feasibility request complies with Subsections 10-2a-202(1) , (3), (4), and (5) with respect to excluding the proposed annexation area from the area proposed for incorporation; and

the feasibility request complies with Subsections 10-2a-202(1) , (3), (4), and (5) with respect to excluding the proposed annexation area from the area proposed for incorporation; and
Section 10-2a-201.5(4)(b)(ii)Verify source
§ 10-2a-201.5(4)(b)(iii)Subsection 10-2a-201.5(4)(b)(iii)Provision

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

excluding the area proposed for annexation from the area proposed for incorporation would not cause the area proposed for incorporation to not be contiguous.
Section 10-2a-201.5(4)(b)(iii)Verify source
§ 10-2a-201.5(4)(c)Subsection 10-2a-201.5(4)(c)Provision

Except as provided in Section 10-2a-206, the lieutenant governor must treat certain feasibility requests as not proposing incorporation of an area proposed for annexation.

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.
Section 10-2a-201.5(4)(c)Verify source
§ 10-2a-201.5(5)Subsection 10-2a-201.5(5)Provision

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 parcel owner gives written consent.

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. 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.
Section 10-2a-201.5(5)Verify source
§ 10-2a-201.5(5)(a)Subsection 10-2a-201.5(5)(a)Provision

An area incorporating under this part may not split a real-property parcel by including part of it and excluding part of the same parcel unless the owner gives written consent.

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.
Section 10-2a-201.5(5)(a)Verify source
§ 10-2a-201.5(5)(b)Subsection 10-2a-201.5(5)(b)Provision

Real property with more than one parcel number is treated as a single parcel for Subsection (5)(a) if it is owned by the same owner.

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.
Section 10-2a-201.5(5)(b)Verify source

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