Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 305 Fifth Substitute (2020GS)

Sponsor

Rep. Pierucci, C.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines expansion area urban development; and
• requires any county that proposes expansion area urban development to provide notice to a city or town.

Every vote on this bill

Bill text

URBAN DEVELOPMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: 
Lincoln Fillmore
Cosponsors:
Cheryl K. Acton
Steve R. Christiansen
Kim F. Coleman
Susan Pulsipher
Mark A. Strong
LONG TITLE
General Description:
This bill amends provisions related to urban development.
Highlighted Provisions:
This bill:
▸ defines expansion area urban development; and
▸ requires any county that proposes expansion area urban development to provide
notice to a city or town.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-2-402
, as last amended by Laws of Utah 2019, Chapter 498
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) annexation will not leave or create an unincorporated island or unincorporated
peninsula:
(A) except as provided in Subsection 
10-2-418
(3); 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) (a) As used in this subsection, "expansion area urban development" means:
(i) for a specified county, urban development within a city or town's expansion area; or
(ii) for a county of the first class, urban development within a city or town's expansion
area that:
(A) consists of 50 or more acres;
(B) requires the county to change the zoning designation of the land on which the
urban development is located; and
(C) does not include commercial or industrial development that is located within a
mining protection area as defined in Section 
17-41-101
, regardless of whether the commercial
or industrial development is for a mining use as defined in Section 
17-41-101
.
[
(5)
] 
(b)
 [
The legislative body of a specified county
] 
A county legislative body
 may not
approve 
expansion area
 urban development [
within a municipality's expansion area
] unless:
[
(a)
] 
(i)
 the county notifies the [
municipality
] 
city or town
 of the proposed
development; and
[
(b) (i)
] 
(ii) (A)
 the [
municipality
] 
city or town
 consents in writing to the development;
[
or
]
[
(ii) (A)
] 
(B)
 within 90 days after the county's notification of the proposed
development, the [
municipality
] 
city or town
 submits to the county a written objection to the
county's approval of the proposed development[
; and (B)
] 
and
 the county responds in writing to
the [
municipality's objections
] 
city or town's objection
[
.
]
; or
(C) the city or town fails to respond to the county's notification of the proposed
development within 90 days after the day on which the county provides the notice.
(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) (a) As used in this subsection, "project area" means a project area as defined in
Section 
63H-1-102
 that is in a project area plan as defined in Section 
63H-1-102
 adopted by
the Military Installation Development Authority under Title 63H, Chapter 1, Military
Installation Development Authority Act.
(b) A municipality may not annex an unincorporated area located within a project area
without the authority's approval.
(c) (i) Except as provided in Subsection (8)(c)(ii), the Military Installation
Development Authority may petition for annexation of the following areas to a municipality as
if it was the sole private property owner within the area:
(A) an area within a project area;
(B) an area that is contiguous to a project area and within the boundaries of a military
installation;
(C) an area owned by the Military Installation Development Authority; and
(D) an area that is contiguous to an area owned by the Military Installation
Development Authority that the Military Installation Development Authority plans to add to an
existing project area.
(ii) If any portion of an area annexed under a petition for annexation filed by the
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.