Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 42 (2015GS)

Sponsor

Rep. Westwood, J.

Final action

Governor Signed 4/1/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• authorizes, in certain circumstances, an annexation that leaves or creates an unincorporated island or peninsula.

Every vote on this bill

Bill text

ANNEXATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John R. Westwood
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill amends provisions governing the annexation of an unincorporated area.
Highlighted Provisions:
This bill:
▸ authorizes, in certain circumstances, an annexation that leaves or creates an
unincorporated island or peninsula.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
10-2-402
, as last amended by Laws of Utah 2011, Chapter 234
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-2-402
 is amended to read:
10-2-402.
Annexation -- Limitations.
(1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be
annexed to the municipality as provided in this part.
(b) An unincorporated area may not be annexed to a municipality unless:
(i) it is a contiguous area;
(ii) it is contiguous to the municipality;
(iii) [
except as provided in Subsection 
10-2-418
(1)(b),
] annexation will not leave or
create an unincorporated island or unincorporated peninsula[
; and
]
:
(A) except as provided in Subsection 
10-2-418
(1)(b); or
(B) unless the county and municipality have otherwise agreed; and
(iv) for an area located in a specified county with respect to an annexation that occurs
after December 31, 2002, the area is within the proposed annexing municipality's expansion
area.
(2) Except as provided in Section 
10-2-418
, a municipality may not annex an
unincorporated area unless a petition under Section 
10-2-403
 is filed requesting annexation.
(3) (a) An annexation under this part may not include part of a parcel of real property
and exclude part of that same parcel unless the owner of that parcel has signed the annexation
petition under Section 
10-2-403
.
(b) A piece of real property that has more than one parcel number is considered to be a
single parcel for purposes of Subsection (3)(a) if owned by the same owner.
(4) A municipality may not annex an unincorporated area in a specified county for the
sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to
annex the same or a related area unless the municipality has the ability and intent to benefit the
annexed area by providing municipal services to the annexed area.
(5) The legislative body of a specified county may not approve urban development
within a municipality's expansion area unless:
(a) the county notifies the municipality of the proposed development; and
(b) (i) the municipality consents in writing to the development; or
(ii) (A) within 90 days after the county's notification of the proposed development, the
municipality submits to the county a written objection to the county's approval of the proposed
development; and
(B) the county responds in writing to the municipality's objections.
(6) (a) An annexation petition may not be filed under this part proposing the
annexation of an area located in a county that is not the county in which the proposed annexing
municipality is located unless the legislative body of the county in which the area is located has
adopted a resolution approving the proposed annexation.
(b) Each county legislative body that declines to adopt a resolution approving a
proposed annexation described in Subsection (6)(a) shall provide a written explanation of its
reasons for declining to approve the proposed annexation.
(7) (a) As used in this Subsection (7), "airport" means an area that the Federal Aviation
Administration has, by a record of decision, approved for the construction or operation of a
Class I, II, or III commercial service airport, as designated by the Federal Aviation
Administration in 14 C.F.R. Part 139.
(b) A municipality may not annex an unincorporated area within 5,000 feet of the
center line of any runway of an airport operated or to be constructed and operated by another
municipality unless the legislative body of the other municipality adopts a resolution
consenting to the annexation.
(c) A municipality that operates or intends to construct and operate an airport and does
not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b)
may not deny an annexation petition proposing the annexation of that same area to that
municipality.
(8) An annexation petition may not be filed if it proposes the annexation of an area that
is within a proposed township in a petition to establish a township under Subsection
17-27a-306
(1)(c) that has been certified under Subsection 
17-27a-306
(1)(f), until after the
canvass of an election on the proposed township under Subsection 
17-27a-306
(1)(h).
(9) (a) A municipality may not annex an unincorporated area located 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, without the
authority's approval.
(b) (i) Except as provided in Subsection (9)(b)(ii), the Military Installation
Development Authority may petition for annexation of a project area and contiguous
surrounding land to a municipality as if it was the sole private property owner of the project
area and surrounding land, if the area to be annexed is entirely contained within the boundaries
of a military installation.
(ii) Before petitioning for annexation under Subsection (9)(b)(i), the Military
Installation Development Authority shall provide the military installation with a copy of the
petition for annexation. The military installation may object to the petition for annexation
within 14 days of receipt of the copy of the annexation petition. If the military installation
objects under this Subsection (9)(b)(ii), the Military Installation Development Authority may
not petition for the annexation as if it was the sole private property owner.
(iii) If any portion of an area annexed under a petition for annexation filed by a
Military Installation Development Authority is located in a specified county:
(A) the annexation process shall follow the requirements for a specified county; and
(B) the provisions of Subsection 
10-2-402
(6) do not apply.
Section 2. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.