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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-503, 2024

The lieutenant governor must review a feasibility request within 45 days, notify the county clerk, and either certify or reject the request based on compliance with Section 10-2a-502.

Source excerpt

administrative reviewamended requestamendmentcertification processcontiguityfeasibility requestfeasibility request processingfeasibility requestsfiling deadlinefiling deadlinesmunicipal incorporationpopulation densitypopulation requirements
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 2024
Dates
Enacted 2024
More statute details
Dates
Enacted 2024
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01

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“The lieutenant governor must review a feasibility request within 45 days, notify the county clerk, and either certify or reject the request based on compliance with Section 10-2a-502.”

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Subsection 10-2a-503(3)

If the lieutenant governor finds the feasibility request complies with Section 10-2a-502, the lieutenant governor must certify the request and send written notice of the certification to the primary sponsor contact, the county clerk, and the Utah Population…

Section 10-2a-503(3)

Subsection 10-2a-503(5)(a)

The Utah Population Committee must, within 20 days after notice from the lieutenant governor, determine whether a proposed preliminary municipality is likely to meet certain population, density, and contiguity requirements and notify the lieutenant governor…

Section 10-2a-503(5)(a)

Subsection 10-2a-503(6)

The lieutenant governor must certify or reject feasibility requests in the order they are filed.

Section 10-2a-503(6)

Subsection 10-2a-503(7)(d)

The lieutenant governor must treat an amended and refiled feasibility request as a newly filed request.

Section 10-2a-503(7)(d)

04

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In force source record

Source record from le.utah.gov · Enacted 2024

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Showing 20 of 20 provisions

Provision 14Amendment 6

Part 10-2a-5

part 10-2a-5 Incorporation of a Preliminary Municipality

§ 10-2a-503Processing a feasibility request -- Certification or rejection -- Processing priority -- Determination by the Utah Population Committee.Amendment

Source excerpt

The lieutenant governor must review a feasibility request within 45 days, notify the county clerk, and either certify or reject the request based on compliance with Section 10-2a-502.

Processing a feasibility request -- Certification or rejection -- Processing priority -- Determination by the Utah Population Committee. Within 45 days after the day on which an individual files a feasibility request under Section 10-2a-502 , the lieutenant governor shall: determine whether the feasibility request complies with Section 10-2a-502 ; and notify the clerk of the county where the proposed preliminary municipality area is located, in writing, of the determination made under Subsection (1)(a) and the grounds for the determination. A county clerk shall comply with a request by the lieutenant governor to provide information or a record to the lieutenant governor or to a sponsor of the feasibility request, to assist in complying with this part, within five calendar days after the day on which the lieutenant governor makes the request. If the lieutenant governor determines that the feasibility request complies with Section 10-2a-502 , the lieutenant governor shall: certify the feasibility request; and transmit written notification of the certification to the primary sponsor contact, the county clerk, and the Utah Population Committee. If the lieutenant governor determines that the feasibility request fails to comply with Section 10-2a-502 , the lieutenant governor shall reject the feasibility request and notify the primary sponsor contact and the county clerk, in writing, of the rejection and the grounds for the rejection. Within 20 days after the day on which the lieutenant governor transmits written notification under Subsection (3)(b), the Utah Population Committee shall: determine whether, based on the map or plat described in Subsection 10-2a-502(5)(e) , the proposed preliminary municipality will, when all phases of the map or plat are completed, likely comply with the population, population density, and contiguity requirements described in Section 10-2a-502 ; and provide notice of the determination to the lieutenant governor and the county clerk. If the Utah Population Committee determines, under Subsection (5)(a)(i), that, when all phases of the plan or plat are completed, the proposed preliminary municipality will not likely comply with the population, population density, and contiguity requirements described in Section 10-2a-502 , the lieutenant governor shall rescind the certification described in Subsection (3) and reject the feasibility request. The lieutenant governor shall certify or reject feasibility requests in the order in which the requests are filed. If the lieutenant governor determines, under Subsection (4), that the feasibility request fails to comply with Section 10-2a-502 , or rejects the feasibility request under Subsection (5)(b), the sponsors may, subject to Section 10-2a-505 , amend the feasibility request to correct the deficiencies and refile the feasibility request with the lieutenant governor. Except as provided in Subsection (7)(c), the sponsors may submit an amended feasibility request within 90 days after the day on which the lieutenant governor makes the determination or rejection described in Subsection (7)(a). The sponsors may not submit an amended feasibility request more than once. The lieutenant governor shall consider a feasibility request that is amended and refiled under Subsection (7)(a) as a newly filed feasibility request and process the feasibility request in accordance with this section.
Section 10-2a-503Verify source
§ 10-2a-503(1)Subsection 10-2a-503(1)Provision

Source excerpt

The lieutenant governor must decide whether a feasibility request complies with Section 10-2a-502 and notify the county clerk in writing of that decision and the reasons for it.

Within 45 days after the day on which an individual files a feasibility request under Section 10-2a-502 , the lieutenant governor shall: determine whether the feasibility request complies with Section 10-2a-502 ; and notify the clerk of the county where the proposed preliminary municipality area is located, in writing, of the determination made under Subsection (1)(a) and the grounds for the determination.
Section 10-2a-503(1)Verify source
§ 10-2a-503(1)(a)Subsection 10-2a-503(1)(a)Provision

Source excerpt

determine whether the feasibility request complies with Section 10-2a-502 ; and

determine whether the feasibility request complies with Section 10-2a-502 ; and
Section 10-2a-503(1)(a)Verify source
§ 10-2a-503(1)(b)Subsection 10-2a-503(1)(b)Provision

Source excerpt

Someone must notify the county clerk in writing of the determination made under Subsection (1)(a) and the grounds for it.

notify the clerk of the county where the proposed preliminary municipality area is located, in writing, of the determination made under Subsection (1)(a) and the grounds for the determination.
Section 10-2a-503(1)(b)Verify source
§ 10-2a-503(2)Subsection 10-2a-503(2)Provision

Source excerpt

A county clerk shall comply with a request by the lieutenant governor to provide information or a record to the lieutenant governor or to a sponsor of the feasibility request, to assist in complying with this part, within five calendar

A county clerk shall comply with a request by the lieutenant governor to provide information or a record to the lieutenant governor or to a sponsor of the feasibility request, to assist in complying with this part, within five calendar days after the day on which the lieutenant governor makes the request.
Section 10-2a-503(2)Verify source
§ 10-2a-503(3)Subsection 10-2a-503(3)Provision

Source excerpt

If the lieutenant governor finds the feasibility request complies with Section 10-2a-502, the lieutenant governor must certify the request and send written notice of the certification to the primary sponsor contact, the county clerk, and the Utah Population Committee.

If the lieutenant governor determines that the feasibility request complies with Section 10-2a-502 , the lieutenant governor shall: certify the feasibility request; and transmit written notification of the certification to the primary sponsor contact, the county clerk, and the Utah Population Committee.
Section 10-2a-503(3)Verify source
§ 10-2a-503(3)(a)Subsection 10-2a-503(3)(a)Provision

Source excerpt

certify the feasibility request; and

certify the feasibility request; and
Section 10-2a-503(3)(a)Verify source
§ 10-2a-503(3)(b)Subsection 10-2a-503(3)(b)Provision

Source excerpt

A notice of the certification must be sent in writing to the primary sponsor contact, the county clerk, and the Utah Population Committee.

transmit written notification of the certification to the primary sponsor contact, the county clerk, and the Utah Population Committee.
Section 10-2a-503(3)(b)Verify source
§ 10-2a-503(4)Subsection 10-2a-503(4)Provision

Source excerpt

If the lieutenant governor finds that a feasibility request does not comply with Section 10-2a-502, the request must be rejected.

If the lieutenant governor determines that the feasibility request fails to comply with Section 10-2a-502 , the lieutenant governor shall reject the feasibility request and notify the primary sponsor contact and the county clerk, in writing, of the rejection and the grounds for the rejection.
Section 10-2a-503(4)Verify source
§ 10-2a-503(5)Subsection 10-2a-503(5)Provision

Source excerpt

The Utah Population Committee must decide within 20 days whether the proposed preliminary municipality is likely to meet population, density, and contiguity requirements, and must notify the lieutenant governor and county clerk.

Within 20 days after the day on which the lieutenant governor transmits written notification under Subsection (3)(b), the Utah Population Committee shall: determine whether, based on the map or plat described in Subsection 10-2a-502(5)(e) , the proposed preliminary municipality will, when all phases of the map or plat are completed, likely comply with the population, population density, and contiguity requirements described in Section 10-2a-502 ; and provide notice of the determination to the lieutenant governor and the county clerk. If the Utah Population Committee determines, under Subsection (5)(a)(i), that, when all phases of the plan or plat are completed, the proposed preliminary municipality will not likely comply with the population, population density, and contiguity requirements described in Section 10-2a-502 , the lieutenant governor shall rescind the certification described in Subsection (3) and reject the feasibility request.
Section 10-2a-503(5)Verify source
§ 10-2a-503(5)(a)Subsection 10-2a-503(5)(a)Provision

Source excerpt

The Utah Population Committee must, within 20 days after notice from the lieutenant governor, determine whether a proposed preliminary municipality is likely to meet certain population, density, and contiguity requirements and notify the lieutenant governor and county clerk of that determination.

Within 20 days after the day on which the lieutenant governor transmits written notification under Subsection (3)(b), the Utah Population Committee shall: determine whether, based on the map or plat described in Subsection 10-2a-502(5)(e) , the proposed preliminary municipality will, when all phases of the map or plat are completed, likely comply with the population, population density, and contiguity requirements described in Section 10-2a-502 ; and provide notice of the determination to the lieutenant governor and the county clerk.
Section 10-2a-503(5)(a)Verify source
§ 10-2a-503(5)(a)(i)Subsection 10-2a-503(5)(a)(i)Provision

Source excerpt

The provision directs a determination of whether the proposed preliminary municipality is likely to meet population, population density, and contiguity requirements once all map or plat phases are complete.

determine whether, based on the map or plat described in Subsection 10-2a-502(5)(e) , the proposed preliminary municipality will, when all phases of the map or plat are completed, likely comply with the population, population density, and contiguity requirements described in Section 10-2a-502 ; and
Section 10-2a-503(5)(a)(i)Verify source
§ 10-2a-503(5)(a)(ii)Subsection 10-2a-503(5)(a)(ii)Provision

Source excerpt

A notice of the determination must be provided to the lieutenant governor and the county clerk.

provide notice of the determination to the lieutenant governor and the county clerk.
Section 10-2a-503(5)(a)(ii)Verify source
§ 10-2a-503(5)(b)Subsection 10-2a-503(5)(b)Provision

Source excerpt

If the Utah Population Committee makes the specified determination, the lieutenant governor must rescind the certification and reject the feasibility request.

If the Utah Population Committee determines, under Subsection (5)(a)(i), that, when all phases of the plan or plat are completed, the proposed preliminary municipality will not likely comply with the population, population density, and contiguity requirements described in Section 10-2a-502 , the lieutenant governor shall rescind the certification described in Subsection (3) and reject the feasibility request.
Section 10-2a-503(5)(b)Verify source
§ 10-2a-503(6)Subsection 10-2a-503(6)Provision

Source excerpt

The lieutenant governor must certify or reject feasibility requests in the order they are filed.

The lieutenant governor shall certify or reject feasibility requests in the order in which the requests are filed.
Section 10-2a-503(6)Verify source
§ 10-2a-503(7)Subsection 10-2a-503(7)Amendment

Source excerpt

If the lieutenant governor finds a feasibility request noncompliant or rejects it, the sponsors may amend and refile it, but only once and generally within 90 days.

If the lieutenant governor determines, under Subsection (4), that the feasibility request fails to comply with Section 10-2a-502 , or rejects the feasibility request under Subsection (5)(b), the sponsors may, subject to Section 10-2a-505 , amend the feasibility request to correct the deficiencies and refile the feasibility request with the lieutenant governor. Except as provided in Subsection (7)(c), the sponsors may submit an amended feasibility request within 90 days after the day on which the lieutenant governor makes the determination or rejection described in Subsection (7)(a). The sponsors may not submit an amended feasibility request more than once. The lieutenant governor shall consider a feasibility request that is amended and refiled under Subsection (7)(a) as a newly filed feasibility request and process the feasibility request in accordance with this section.
Section 10-2a-503(7)Verify source
§ 10-2a-503(7)(a)Subsection 10-2a-503(7)(a)Amendment

Source excerpt

If the lieutenant governor finds a feasibility request noncompliant or rejects it, the sponsors may amend it to fix the deficiencies and refile it, subject to Section 10-2a-505.

If the lieutenant governor determines, under Subsection (4), that the feasibility request fails to comply with Section 10-2a-502 , or rejects the feasibility request under Subsection (5)(b), the sponsors may, subject to Section 10-2a-505 , amend the feasibility request to correct the deficiencies and refile the feasibility request with the lieutenant governor.
Section 10-2a-503(7)(a)Verify source
§ 10-2a-503(7)(b)Subsection 10-2a-503(7)(b)Amendment

Source excerpt

The sponsors may submit an amended feasibility request within 90 days after the lieutenant governor’s determination or rejection, unless Subsection (7)(c) applies.

Except as provided in Subsection (7)(c), the sponsors may submit an amended feasibility request within 90 days after the day on which the lieutenant governor makes the determination or rejection described in Subsection (7)(a).
Section 10-2a-503(7)(b)Verify source
§ 10-2a-503(7)(c)Subsection 10-2a-503(7)(c)Amendment

Source excerpt

The sponsors may not submit an amended feasibility request more than once.

The sponsors may not submit an amended feasibility request more than once.
Section 10-2a-503(7)(c)Verify source
§ 10-2a-503(7)(d)Subsection 10-2a-503(7)(d)Amendment

Source excerpt

The lieutenant governor must treat an amended and refiled feasibility request as a newly filed request.

The lieutenant governor shall consider a feasibility request that is amended and refiled under Subsection (7)(a) as a newly filed feasibility request and process the feasibility request in accordance with this section.
Section 10-2a-503(7)(d)Verify source

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