Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 368 (2025GS)

Sponsor

Rep. Whyte, Stephen L.

Final action

House/ to Governor 3/17/2025

Outcome

House/ to Governor

Summary

What it does

• This bill:
• defines terms and modifies definitions;
• clarifies and modifies statutes regarding municipal annexation and municipal boundary adjustments;
• renumbers and amends Title 10, Chapter 2, Part 4, Annexation, to Title 10, Chapter 2, Part 8, Annexation and Title 10, Chapter 2, Part 9, Municipal Boundary Adjustments;
• renumbers and amends the process by which a municipality or county conducts certain plan reviews;
• modifies notice requirements before a public hearing on a proposed land use regulation;
• provides that a municipality or county may not require a private individual or entity, including a community association or homeowners association, to permanently maintain or be responsible for a public access amenity or water utility unless certain conditions apply;
• modifies the process by which a municipality or county inspects and approves or rejects the performance of warranty work;
• modifies a municipality's or county's process in regulating landscaping;
• modifies the process for a municipality or county to allow transferable development rights;
• creates a process by which an applicant may submit an identical floor plan to a municipality for an expedited review;
• provides that a municipality or county may not require a public hearing for a request for a variance or another land use appeal;
• modifies the ability of a municipality or county to enforce an ordinance by withholding a building permit or certificate of occupancy;
• modifies the State Fire Code Act;

Every vote on this bill

Bill text

123
10-2-408
10-2-409.5
10-2-410
10-2-411
10-2-412
10-2-413
10-2-414
10-2-416
10-2-417
10-2-426
10-2-428
10-2-510
10-2-401
10-2-802
10-2-401.5
10-2-402
10-2-402.5
10-2-403
10-2-405
10-2-406
10-2-409
10-2-407
10-2-415
10-2-418
10-2-425
10-2-429
10-2-422
10-2-420
10-2-421
10-2-901
10-2-902
10-2-419
10-2-904
10-2-905
10-2a-103
10-2a-107
10-2a-201.5
10-2a-204.3
10-2a-205
10-2a-205.5
10-2a-207
10-2a-210
10-2a-501
10-2a-506
10-6-160
10-8-14
10-9a-103
10-9a-205
10-9a-508
10-9a-508.1
10-9a-509
10-9a-509.5
10-9a-509.7
10-9a-510
10-9a-529
10-9a-536
10-9a-541
10-9a-604.5
10-9a-701
10-9a-802
15A-5-205.6
17-27a-102
17-27a-103
17-27a-205
17-27a-309
17-27a-508
17-27a-508.1
17-27a-509
17-27a-509.5
17-27a-509.7
17-27a-532
17-27a-536
17-27a-604.5
17-27a-701
17-27a-802
17-36-55
17B-1-119
17B-1-503
17B-1-512
17B-2a-1106
23A-13-304
26B-1-429
53-2d-514
54-3-30
54-3-31
57-1-1
57-1-48
59-12-208.1
59-12-355
59-12-403
59-12-806
59-12-1302
59-12-1402
59-12-2102
63A-5b-305
63I-1-210
Local Land Use Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen L. Whyte
Senate Sponsor: Lincoln Fillmore
LONG TITLE
General Description:
This bill modifies provisions related to land use.
Highlighted Provisions:
This bill:
defines terms and modifies definitions;
clarifies statutes regarding municipal annexation and municipal boundary adjustments;
renumbers and amends Title 10, Chapter 2, Part 4, Annexation, to Title 10, Chapter 2, 
Part 8, Annexation and Title 10, Chapter 2, Part 9, Municipal Boundary Adjustments;
modifies the process by which a municipality or county conducts certain plan reviews;
modifies notice requirements before a public hearing on a proposed land use regulation;
provides that a municipality or county may not require a private individual or entity, 
including a community association or homeowners association, to permanently maintain 
or be responsible for a public access amenity or water utility unless certain conditions 
apply;
modifies the process by which a municipality or county inspects and approves or rejects 
the performance of warranty work;
modifies a municipality's or county's process in regulating landscaping;
modifies the process for a municipality or county to allow transferable development 
rights;
creates a process by which an applicant may submit an identical floor plan to a 
municipality for an expedited review;
provides that a municipality or county may not require a public hearing for a request for a 
variance or another land use appeal;
modifies the ability of a municipality or county to enforce an ordinance by withholding a 
building permit or certificate of occupancy;
modifies the State Fire Code Act;
modifies provisions related to special districts and land use;
establishes a process by which a person may convey real property by deed to a public 
entity; and
makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-2-510
, (Effective 05/07/25) as last amended by Laws of Utah 2010, Chapter 378
10-2a-103
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 342
10-2a-107
, (Effective 05/07/25) as enacted by Laws of Utah 2024, Chapter 342
10-2a-201.5
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapters 342, 
518 and 534
10-2a-204.3
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 518
10-2a-205
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapters 342, 
518
10-2a-205.5
, (Effective 05/07/25) as enacted by Laws of Utah 2024, Chapter 342
10-2a-207
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapters 224, 
435 and last amended by Coordination Clause, Laws of Utah 2023, Chapter 224 and further 
amended by Revisor Instructions, Laws of Utah 2023, Chapter 224
10-2a-210
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 342
10-2a-501
, (Effective 05/07/25) (Repealed 01/01/31) as enacted by Laws of Utah 2024, 
Chapter 534
10-2a-506
, (Effective 05/07/25) (Repealed 01/01/31) as enacted by Laws of Utah 2024, 
Chapter 534
10-6-160
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 375
10-8-14
, (Effective 05/07/25) as last amended by Laws of Utah 2019, Chapter 99
10-9a-103
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 464
10-9a-205
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapter 435
10-9a-508
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapters 255, 
478
10-9a-509
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 415
10-9a-509.5
, (Effective 05/07/25) as last amended by Laws of Utah 2020, Chapter 126
10-9a-509.7
, (Effective 05/07/25) as last amended by Laws of Utah 2012, Chapter 231
10-9a-510
, (Effective 05/07/25) as last amended by Laws of Utah 2021, Chapter 35
10-9a-529
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 464
10-9a-536
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 415
10-9a-604.5
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 415
10-9a-701
, (Effective 05/07/25) as last amended by Laws of Utah 2021, Chapter 385
10-9a-802
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 415
15A-5-205.6
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapter 95
17-27a-102
, (Effective 05/07/25) as last amended by Laws of Utah 2022, Chapter 307
17-27a-103
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 464
17-27a-205
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapter 435
17-27a-508
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 415
17-27a-509
, (Effective 05/07/25) as last amended by Laws of Utah 2021, Chapter 35
17-27a-509.5
, (Effective 05/07/25) as last amended by Laws of Utah 2019, Chapter 384
17-27a-509.7
, (Effective 05/07/25) as last amended by Laws of Utah 2012, Chapter 231
17-27a-532
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 415
17-27a-604.5
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 415
17-27a-701
, (Effective 05/07/25) as last amended by Laws of Utah 2021, Chapter 385
17-27a-802
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 415
17-36-55
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 375
17B-1-119
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapter 15
17B-1-503
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapter 15
17B-1-512
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 342
17B-2a-1106
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapters 342, 
438
23A-13-304
, (Effective 05/07/25) as renumbered and amended by Laws of Utah 2023, 
Chapter 103
26B-1-429
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Chapter 529
53-2d-514
, (Effective 05/07/25) as renumbered and amended by Laws of Utah 2023, 
Chapters 307, 310 and last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
54-3-30
, (Effective 05/07/25) as last amended by Laws of Utah 2014, Chapter 55
54-3-31
, (Effective 05/07/25) as last amended by Laws of Utah 2014, Chapters 55, 189
57-1-1
, (Effective 05/07/25) as last amended by Laws of Utah 2004, Chapter 249
59-12-208.1
, (Effective 05/07/25) as last amended by Laws of Utah 2012, Chapter 254
59-12-355
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapter 263
59-12-403
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapter 471
59-12-806
, (Effective 05/07/25) as last amended by Laws of Utah 2012, Chapter 254
59-12-1302
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapter 471
59-12-1402
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapter 471
59-12-2102
, (Effective 05/07/25) as enacted by Laws of Utah 2008, Chapter 323
63A-5b-305
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapter 435
63I-1-210
, (Effective 05/07/25) as last amended by Laws of Utah 2024, Third Special 
Session, Chapter 5
ENACTS:
10-2-802
, (Effective 05/07/25) Utah Code Annotated 1953
10-2-901
, (Effective 05/07/25) Utah Code Annotated 1953
10-2-902
, (Effective 05/07/25) Utah Code Annotated 1953
10-2-904
, (Effective 05/07/25) Utah Code Annotated 1953
10-2-905
, (Effective 05/07/25) Utah Code Annotated 1953
10-9a-508.1
, (Effective 05/07/25) Utah Code Annotated 1953
10-9a-541
, (Effective 05/07/25) Utah Code Annotated 1953
17-27a-309
, (Effective 05/07/25) Utah Code Annotated 1953
17-27a-508.1
, (Effective 05/07/25) Utah Code Annotated 1953
17-27a-536
, (Effective 05/07/25) Utah Code Annotated 1953
57-1-48
, (Effective 05/07/25) Utah Code Annotated 1953
RENUMBERS AND AMENDS:
10-2-801
, (Effective 05/07/25) (Renumbered from 10-2-401, as last amended by 
Laws of Utah 2023, Chapters 16, 478)
10-2-803
, (Effective 05/07/25) (Renumbered from 10-2-401.5, as last amended by 
Laws of Utah 2021, Chapter 112)
10-2-804
, (Effective 05/07/25) (Renumbered from 10-2-402, as last amended by 
Laws of Utah 2023, Chapters 224, 478)
10-2-805
, (Effective 05/07/25) (Renumbered from 10-2-402.5, as enacted by Laws 
of Utah 2021, Chapter 112)
10-2-806
, (Effective 05/07/25) (Renumbered from 10-2-403, as last amended by 
Laws of Utah 2024, Chapter 415)
10-2-807
, (Effective 05/07/25) (Renumbered from 10-2-405, as last amended by 
Laws of Utah 2024, Chapter 438)
10-2-808
, (Effective 05/07/25) (Renumbered from 10-2-406, as last amended by 
Laws of Utah 2023, Chapters 16, 435)
10-2-809
, (Effective 05/07/25) (Renumbered from 10-2-409, as last amended by 
Laws of Utah 2001, Chapter 206)
10-2-810
, (Effective 05/07/25) (Renumbered from 10-2-407, as last amended by 
Laws of Utah 2023, Chapters 435, 478)
10-2-811
, (Effective 05/07/25) (Renumbered from 10-2-415, as last amended by 
Laws of Utah 2023, Chapter 435)
10-2-812
, (Effective 05/07/25) (Renumbered from 10-2-418, as last amended by 
Laws of Utah 2023, Chapters 16, 435)
10-2-813
, (Effective 05/07/25) (Renumbered from 10-2-425, as last amended by 
Laws of Utah 2024, Chapters 342, 438)
10-2-814
, (Effective 05/07/25) (Renumbered from 10-2-429, as enacted by Laws of 
Utah 2024, Chapter 342)
10-2-815
, (Effective 05/07/25) (Renumbered from 10-2-422, as repealed and 
reenacted by Laws of Utah 1997, Chapter 389)
10-2-816
, (Effective 05/07/25) (Renumbered from 10-2-420, as repealed and 
reenacted by Laws of Utah 1997, Chapter 389)
10-2-817
, (Effective 05/07/25) (Renumbered from 10-2-421, as last amended by 
Laws of Utah 2021, Chapter 54)
10-2-903
, (Effective 05/07/25) (Renumbered from 10-2-419, as last amended by 
Laws of Utah 2023, Chapters 16, 139, 327, and 435)
REPEALS:
10-2-408
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapter 478
10-2-409.5
, (Effective 05/07/25) as enacted by Laws of Utah 2001, Chapter 206
10-2-410
, (Effective 05/07/25) as last amended by Laws of Utah 2001, Chapter 206
10-2-411
, (Effective 05/07/25) as last amended by Laws of Utah 2015, Chapter 352
10-2-412
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapter 16
10-2-413
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapter 16
10-2-414
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapter 16
10-2-416
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapter 478
10-2-417
, (Effective 05/07/25) as repealed and reenacted by Laws of Utah 1997, Chapter 
389
10-2-426
, (Effective 05/07/25) as last amended by Laws of Utah 2001, Chapter 206
10-2-428
, (Effective 05/07/25) as last amended by Laws of Utah 2023, Chapter 16
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
10-2-510
 is amended to read:
10-2-510 (Effective 05/07/25). Boundary adjustment procedure not affected.
This part may not be construed to abrogate, modify, or replace the boundary adjustment 
procedure provided in Section 
10-2-419
10-2-903
.
Section 2, Section 
10-2-801
, which is renumbered from Section 10-2-401 is renumbered 
and amended to read:
8. Annexation
10-2-401
10-2-801
 (Effective 05/07/25). Definitions.
(1)
As used in this part:
(a)
(1)
"Affected area" means an annexed area or area proposed for annexation.
(2)
"Affected entity" means:
(i)
(a)
a county of the first or second class in whose unincorporated area the area 
proposed for annexation is located;
(ii)
(b)
a county of the third, fourth, fifth, or sixth class in whose unincorporated area 
the area proposed for annexation is located, if the area includes residents or 
commercial or industrial development;
(iii)
(c)
a special district under 
Title 17B, Limited Purpose Local Government Entities - 
Special Districts
, or special service district under 
Title 17D, Chapter 1, Special 
Service District Act
, whose boundary includes any part of an area proposed for 
annexation;
(iv)
(d)
a school district whose boundary includes any part of an area proposed for 
annexation, if the boundary is proposed to be adjusted as a result of the annexation; 
and
(v)
(e)
a municipality whose boundaries are within 1/2 mile of an area proposed for 
annexation.
(b)
(3)
"Annexation action" means:
(a)
the enactment of an ordinance annexing an unincorporated area;
(b)
the enactment of an ordinance approving a boundary adjustment by each of the 
municipalities involved in the boundary adjustment; or
(c)
an automatic annexation that occurs on July 1, 2027, under Subsection 
10-2-814(2)(b)
.
(4)
"Annexation petition" means a petition under Section 
10-2-403
10-2-806
 proposing the 
annexation to a municipality of a contiguous, unincorporated area that is contiguous to 
the municipality.
(5)
"Annexing municipality" means:
(a)
the municipality that annexes an unincorporated area; or
(b)
the municipality to which an unincorporated island is automatically annexed under 
Section 
10-2-814
.
(6)
"Applicable legislative body" means:
(a)
the legislative body of each municipality that enacts an ordinance under this part 
approving the annexation of an unincorporated area or the adjustment of a boundary; 
or
(b)
the legislative body of a municipality to which an unincorporated island is 
automatically annexed under Section 
10-2-814
.
(c)
"Commission" means a boundary commission established under Section 
10-2-409
for the county in which the property that is proposed for annexation is located.
(d)
(7)
"Expansion area" means the unincorporated area that is identified in an annexation 
policy plan under Section 
10-2-401.5
10-2-803
 as the area that the municipality 
anticipates annexing in the future.
(e)
(8)
"Feasibility consultant" means a person or firm with expertise in the processes and 
economics of local government.
(f)
(9)
"Mining protection area" means the same as that term is defined in Section 
17-41-101
.
(10)
"Municipal records officer" means a:
(a)
city recorder; or
(b)
town clerk.
(g)
(11)
"Municipal selection committee" means a committee in each county composed of 
the mayor of each municipality within that county.
(12)
"Owner of real property" means:
(a)
the record title owner according to the records of the county recorder on the date of 
the filing of the petition or protest; or
(b)
the lessee of military land, as defined in Section 
63H-1-102
, if the area proposed for 
annexation includes military land that is 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.
(h)
"Planning advisory area" means the same as that term is defined in Section 
17-27a-306
.
(i)
(13)
"Private," with respect to real property, means not owned by
:
(a)
the United States or any agency of the federal government
,
;
(b)
the state
,
;
(c)
a county
,
;
(d)
a municipality
,
;
(e)
a school district
,
;
(f)
a special district under 
Title 17B, Limited Purpose Local Government Entities - 
Special Districts
,
;
(g)
a special service district under 
Title 17D, Chapter 1, Special Service District Act
,
;
or 
(h)
any other political subdivision or governmental entity of the state.
(j)
(14)
(i)
(a)
"Rural real property" means a group of contiguous tax parcels, or a 
single tax parcel, that:
(A)
(i)
are under common ownership;
(B)
(ii)
consist of no less than 1,000 total acres;
(C)
(iii)
are zoned for manufacturing or agricultural purposes; and
(D)
(iv)
do not have a residential unit density greater than one unit per acre.
(ii)
(b)
"Rural real property" includes any portion of private real property, if the private 
real property:
(A)
(i)
qualifies as rural real property under Subsection 
(1)(j)(i)
(14)(a)
; and
(B)
(ii)
consists of more than 1,500 total acres.
(k)
(15)
"Specified county" means a county of the second, third, fourth, fifth, or sixth class.
(l)
(16)
"Unincorporated peninsula" means an unincorporated area:
(i)
(a)
that is part of a larger unincorporated area;
(ii)
(b)
that extends from the rest of the unincorporated area of which it is a part;
(iii)
(c)
that is surrounded by land that is within a municipality, except where the area 
connects to and extends from the rest of the unincorporated area of which it is a part; 
and
(iv)
(d)
whose width, at any point where a straight line may be drawn from a place 
where it borders a municipality to another place where it borders a municipality, is no 
more than 25% of the boundary of the area where it borders a municipality.
(m)
(17)
"Urban development" means:
(i)
(a)
a housing development with more than 15 residential units and an average 
density greater than one residential unit per acre; or
(ii)
(b)
a commercial or industrial development for which cost projections exceed 
$750,000 for all phases.
(2)
For purposes of this part:
(a)
the owner of real property shall be:
(i)
except as provided in Subsection 
(2)(a)(ii)
, the record title owner according to the 
records of the county recorder on the date of the filing of the petition or protest; or
(ii)
the lessee of military land, as defined in Section 
63H-1-102
, if the area proposed 
for annexation includes military land that is 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
; and
(b)
the value of private real property shall be determined according to the last 
assessment roll for county taxes before the filing of the petition or protest.
(3)
For purposes of each provision of this part that requires the owners of private real 
property covering a percentage or majority of the total private land area within an area to 
sign a petition or protest:
(a)
a parcel of real property may not be included in the calculation of the required 
percentage or majority unless the petition or protest is signed by:
(i)
except as provided in Subsection 
(3)(a)(ii)
, owners representing a majority 
ownership interest in that parcel; or
(ii)
if the parcel is owned by joint tenants or tenants by the entirety, 50% of the 
number of owners of that parcel;
(b)
the signature of a person signing a petition or protest in a representative capacity on 
behalf of an owner is invalid unless:
(i)
the person's representative capacity and the name of the owner the person 
represents are indicated on the petition or protest with the person's signature; and
(ii)
the person provides documentation accompanying the petition or protest that 
substantiates the person's representative capacity; and
(c)
subject to Subsection 
(3)(b)
, a duly appointed personal representative may sign a 
petition or protest on behalf of a deceased owner.
Section 3, Section 
10-2-802
 is enacted to read:
10-2-802 (Effective 05/07/25). Valuation of private real property -- Determining 
consent to petition or protest by owners of real property.
(1)
For purposes of this part and Part 9, Municipal Boundary Adjustments, the value of 
private real property shall be determined according to the last assessment roll for county 
taxes before the filing of the petition or protest.
(2)
For purposes of each provision of this part and Part 9, Municipal Boundary 
Adjustments, that require an owner of private real property covering a percentage or 
majority of the total private land area within an area to sign a petition or protest:
(a)
a parcel of real property may not be included in the calculation of the required 
percentage or majority unless the petition or protest is signed by:
(i)
except as provided in Subsection 
(2)(a)
(ii), owners of real property representing a 
majority ownership interest in that parcel; or
(ii)
if the parcel is owned by joint tenants or tenants in the entirety, 50% of the 
number of owners of real property within that parcel;
(b)
the signature of a person signing a petition or protest in a representative capacity on 
behalf of an owner of real property is invalid unless:
(i)
the person's representative capacity and the name of the owner of real property the 
person represents are indicated on the petition or protest with the person's 
signature; and
(ii)
the person provides documentation accompanying the petition or protest that 
substantiates the person's representative capacity; and
(c)
subject to Subsection 
(2)(b)
, a duly appointed personal representative may sign a 
petition or protest on behalf of a deceased owner of real property.
Section 4, Section 
10-2-803
, which is renumbered from Section 10-2-401.5 is renumbered 
and amended to read:
10-2-401.5
10-2-803
 (Effective 05/07/25). Annexation policy plan.
(1)
No municipality may annex an unincorporated area located within a specified county 
unless the municipality has adopted an annexation policy plan as provided in this section.
Before a municipality may annex an unincorporated area:
(a)
the municipality's planning commission shall prepare and recommend to the 
legislative body an annexation policy plan, as described in Subsections 
(2)
 through 
(4); and
(b)
a municipal legislative body shall adopt a recommended annexation policy plan, as 
described in Subsection 
(6)
.
(2)
To adopt an annexation policy plan:
(a)
the planning commission shall:
(i)
prepare a proposed annexation policy plan that complies with Subsection 
(3)
;
(ii)
hold a public meeting to allow affected entities to examine the proposed 
annexation policy plan and to provide input on it;
(iii)
provide notice of the public meeting under Subsection 
(2)(a)(ii)
 to each affected 
entity at least 14 days before the meeting;
(iv)
accept and consider any additional written comments from affected entities until 
10 days after the public meeting under Subsection 
(2)(a)(ii)
;
(v)
before holding the public hearing required under Subsection 
(2)(a)(vi)
, make any 
modifications to the proposed annexation policy plan the planning commission 
considers appropriate, based on input provided at or within 10 days after the 
public meeting under Subsection 
(2)(a)(ii)
;
(vi)
hold a public hearing on the proposed annexation policy plan;
(vii)
provide reasonable public notice, including notice to each affected entity, of the 
public hearing required under Subsection 
(2)(a)(vi)
 at least 14 days before the date 
of the hearing;
(viii)
make any modifications to the proposed annexation policy plan the planning 
commission considers appropriate, based on public input provided at the public 
hearing; and
(ix)
submit the planning commission's recommended annexation policy plan to the 
municipal legislative body; and
(b)
the municipal legislative body shall:
(i)
hold a public hearing on the annexation policy plan recommended by the 
planning commission;
(ii)
provide reasonable notice, including notice to each affected entity, of the public 
hearing at least 14 days before the date of the hearing;
(iii)
after the public hearing under Subsection 
(2)(b)(ii)
, make any modifications to 
the recommended annexation policy plan that the legislative body considers 
appropriate; and
(iv)
adopt the recommended annexation policy plan, with or without modifications.
(3)
(2)
(a)
Each 
proposed 
annexation policy plan shall include:
(a)
(i)
a map of the expansion area which may include territory located outside the 
county in which the municipality is located;
(b)
(ii)
a statement of the specific criteria that will guide the municipality's decision 
whether or not to grant future annexation petitions, addressing matters relevant to 
those criteria including:
(i)
(A)
the character of the community;
(ii)
(B)
the need for municipal services in developed and undeveloped 
unincorporated areas;
(iii)
(C)
the municipality's plans for extension of municipal services;
(iv)
(D)
how the services will be financed;
(v)
(E)
an estimate of the tax consequences to residents both currently within the 
municipal boundaries and in the expansion area; and
(vi)
(F)
the interests of all affected entities;
 and
(c)
(iii)
justification for excluding from the expansion area any area containing 
urban development within 1/2 mile of the municipality's boundary; and
(d)
(b)
In addition to the requirements described in Subsection (2)(a), a recommended 
annexation policy plan all also include 
a statement addressing any comments made 
by affected entities at or within 10 days after the public meeting
 described in 
Subsection 
(4)(d)
under Subsection 
(2)(a)(ii)
.
(4)
(3)
In 
developing, considering, and adopting an
preparing a proposed
 annexation 
policy plan, the planning commission 
and municipal legislative body 
shall:
(a)
attempt to avoid gaps between or overlaps with the expansion areas of other 
municipalities;
(b)
consider population growth projections for the municipality and adjoining areas for 
the next 20 years;
(c)
consider current and projected costs of infrastructure, urban services, and public 
facilities necessary:
(i)
to facilitate full development of the area within the municipality; and
(ii)
to expand the infrastructure, services, and facilities into the area being considered 
for inclusion in the expansion area;
(d)
consider, in conjunction with the municipality's general plan, the need over the next 
20 years for additional land suitable for residential, commercial, and industrial 
development;
(e)
consider the reasons for including agricultural lands, forests, recreational areas, and 
wildlife management areas in the municipality; and
(f)
be guided by the principles set forth in Subsection 
10-2-403(5)
10-2-806(5)
.
(4)
Before presenting a recommended annexation policy plan to a municipal legislative 
body, the planning commission shall:
(a)
prepare a proposed annexation policy plan, as described in Subsections 
(2)(a)
 and (3);
(b)
hold a public meeting to allow affected entities to examine the proposed annexation 
policy plan and to provide comments on the proposed annexation policy plan;
(c)
provide notice of the public meeting under Subsection (4)(b):
(i)
as a class A notice, as described in Section 
63G-30-102
; and
(ii)
to each affected entity at least 14 days before the day of the meeting;
(d)
accept and consider any additional written comments from affected entities for 10 
days following the public meeting under Subsection 
(4)(b)
;
(e)
if the planning commission receives input from affected entities under Subsection 
(4)
b) or written comments under (4)(d):
(i)
make modifications to the proposed annexation policy plan, as appropriate, based 
on comments at the public meeting described in Subsection (4)(b) or written 
comments provided to the planning commission under Subsection 
(4)(d)
; and
(ii)
modify the proposed annexation policy plan to include the statement required by 
Subsection (2)(b);
(f)
hold a public hearing on the proposed annexation policy plan, including any new 
modifications to the proposed annexation policy plan under Subsection 
(4)(e)
;
(g)
provide notice of the public hearing described in Subsection (4)(f):
(i)
as class A notice, as described in Section 
63G-30-102
; and
(ii)
to each affected entity at least 14 days before the day of the hearing;
(h)
make any final modifications to the proposed annexation policy plan, as appropriate, 
based on public input provided at the public hearing; and
(i)
submit the planning commission's recommended annexation policy plan to the 
municipal legislative body.
(5)
A municipal legislative body may reject a recommended annexation plan or adopt a 
recommended annexation plan as described in Subsection 
(6)
.
(6)
To adopt a recommended annexation plan, a municipal body shall:
(a)
hold a public hearing on the annexation policy plan recommended by the planning 
commission;
(b)
provide notice of the public hearing described in Subsection 
(6)(a)
:
(i)
as class A notice, as described in Section 
63G-30-102
; and
(ii)
to each affected entity at least 14 days before the day of the hearing;
(c)
after the public hearing, make modifications to the recommended annexation policy 
plan, as appropriate; and
(d)
adopt the recommended annexation policy plan, with or without modifications.
(5)
(7)
Within 30 days after adopting 
an
a recommended
 annexation policy plan, the 
municipal legislative body shall submit a copy of the 
adopted annexation policy 
plan to 
the legislative body of each county in which any of the municipality's expansion area is 
located.
(6)
(8)
Nothing in this chapter may be construed to prohibit or restrict two or more 
municipalities 
in specified counties 
from negotiating and cooperating with respect to 
defining each municipality's expansion area under an annexation policy plan.
Section 5, Section 
10-2-804
, which is renumbered from Section 10-2-402 is renumbered 
and amended to read:
10-2-402
10-2-804
 (Effective 05/07/25). 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)
(2)
Except as provided in Subsection 
(1)
(c),
(3), a municipality may not annex
 an 
unincorporated area 
may not be annexed to a municipality 
unless:
(i)
(a)
the unincorporated area is a contiguous area;
(ii)
(b)
the unincorporated area is contiguous to the municipality;
(iii)
(c)
annexation will not leave or create an unincorporated island or unincorporated 
peninsula:
(A)
(i)
except as provided in Subsection 
10-2-418(3)
10-2-812(2)
;
(B)
(ii)
except where an unincorporated island or peninsula existed before the 
annexation, if the annexation will reduce the size of the unincorporated island or 
peninsula; or
(C)
(iii)
unless the county and municipality have otherwise agreed; and
(iv)
(d)
for an area located in a specified county, 
the area is within the proposed 
annexing municipality's expansion area
, as specified in an annexation policy plan 
adopted as described in Section 
10-2-803
.
(c)
(3)
A municipality may annex an unincorporated area within a specified county that 
does not meet the requirements of Subsection 
(1)(b)
(2)
, leaving or creating an 
unincorporated island or unincorporated peninsula, if:
(i)
(a)
the area is within the annexing municipality's expansion area;
(ii)
(b)
the 
specified 
county in which the area is located and the annexing municipality 
agree to the annexation;
(iii)
(c)
the area is not within the area of another municipality's annexation policy plan, 
unless the other municipality agrees to the annexation; and
(iv)
(d)
the annexation is for the purpose of providing municipal services to the area.
(2)
(4)
Except as provided in Section 
10-2-418
10-2-812
, a municipality may not annex 
an unincorporated area unless a petition under Section 
10-2-403
10-2-806
 is filed 
requesting annexation.
(3)
(5)
(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
10-2-806
.
(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)
(5)(a)
 if owned by the same owner.
(4)
(6)
A municipality may not annex an unincorporated area 
in a specified county 
for 
the sole purpose of acquiring municipal revenue or to 
retard
hinder
 the capacity of 
another municipality to annex the same or a related area unless the 
annexing 
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
.
(b)
A county legislative body may not approve expansion area urban development 
unless:
(i)
the county notifies the city or town of the proposed development; and
(ii)
(A)
the city or town consents in writing to the development;
(B)
within 90 days after the county's notification of the proposed development, 
the city or town submits to the county a written objection to the county's 
approval of the proposed development and the county responds in writing to 
the 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)
(7)
(a)
As used in this Subsection 
(6)
(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 
(6)(b)
(7)(b)
 may not deny an annexation petition proposing the annexation of that 
same area to that municipality.
(7)
(8)
(a)
As used in this Subsection 
(7)
,
(8):
(i)
"Authority" means the same as that term is defined in Section 
63H-1-102
.
(ii)
"project 
"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
the same as that term is defined in 
Section 
63H-1-102
.
(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 
(7)(c)(ii)
, the Military Installation 
Development Authority 
The authority 
may petition for annexation of the 
following areas to a municipality as if the 
Military Installation Development 
Authority
authority
 was the sole private property owner within the area:
(A)
(i)
an area within a project area;
(B)
(ii)
an area that is contiguous to a project area and within the boundaries of a 
military installation;
(C)
(iii)
an area owned by the 
Military Installation Development Authority
authority
; 
and
(D)
(iv)
an area that is contiguous to an area owned by the 
Military Installation 
Development Authority
authority
 that the 
Military Installation Development 
Authority
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 Section 
10-2-402.5
 do not apply.
(8)
(9)
A municipality may not annex an unincorporated area if:
(a)
the area is proposed for incorporation in
:
(i)
a feasibility study conducted under Section 
10-2a-205
;
 or
(ii)
a supplemental feasibility study conducted under Section 
10-2a-206
;
 and
(b)
the 
county clerk
lieutenant governor
 completes the 
second
first
 public hearing on 
the proposed incorporation under Subsection 
10-2a-207(4)
; and
(c)
the time period for a specified landowner to request that the lieutenant governor 
exclude the specified landowner's property from the proposed incorporation has not 
expired
.
Section 6, Section 
10-2-805
, which is renumbered from Section 10-2-402.5 is renumbered 
and amended to read:
10-2-402.5
10-2-805
 (Effective 05/07/25). Cross-county annexation -- 
Requirements.
(1)
As used in this section:
(a)
"Affected county" means the county in which an area proposed for cross-county 
annexation is located.
(b)
"Affected municipality" means a municipality:
(i)
located in an affected county; and
(ii)
whose expansion area includes the area proposed for cross-county annexation.
(c)
"Applicant" means a person intending to file an annexation petition proposing a 
cross-county annexation.
(d)
"Cross-county annexation" means the annexation of an area located in a county that 
is not the county in which the proposed annexing municipality is located.
(e)
"Specified public utility" means the same as that term is defined in Section 
10-9a-103
.
(2)
An applicant may not file a petition under Section 
10-2-403
 proposing
10-2-806
 that 
proposes
 a cross-county annexation unless:
(a)
the applicant sends a written notice of intent to file a petition proposing a 
cross-county annexation to the legislative body of each affected municipality 
describing:
(i)
the area proposed for cross-county annexation; and
(ii)
the proposed annexing municipality;
(b)
the proposed annexing municipality adopts or amends the municipality's annexation 
policy plan under Section 
10-2-401.5
10-2-803
 to include the area proposed for 
cross-county annexation within the proposed annexing municipality's expansion area;
(c)
the applicant files a request to approve the proposed cross-county annexation with 
the legislative body of the affected county:
(i)
no sooner than 90 days after the day on which the applicant sends the written 
notice described in Subsection 
(2)(a)
 to each affected municipality; and
(ii)
no later than 180 days after the day on which the applicant sends the written 
notice described in Subsection 
(2)(a)
 to each affected municipality;
(d)
a feasibility consultant conducts a feasibility study in accordance with Subsection 
(3)
, 
unless the feasibility study is waived under Subsection 
(3)(b)
; and
(e)
the legislative body of the affected county:
(i)
holds a public hearing in accordance with Subsection 
(4)
; and
(ii)
adopts the resolution described in Subsection 
(4)(a)(iii)(A)
.
(3)
(a)
Within 60 days after the day on which a legislative body of an affected county 
receives the request described in Subsection 
(2)(c)
, or within a time period longer 
than 60 days if agreed to by the legislative body of the affected county and the 
applicant, the legislative body of the affected county and the applicant shall jointly 
select and engage a feasibility consultant to:
(i)
conduct a feasibility study on the proposed cross-county annexation; and
(ii)
submit written results of the feasibility study to the legislative body of the 
affected county and the applicant no later than 90 days after the day on which the 
feasibility consultant is engaged to conduct the feasibility study.
(b)
The legislative body of the affected county may waive the requirement for a 
feasibility study under Subsection 
(3)(a)
.
(c)
The feasibility study under Subsection 
(3)(a)
 shall determine:
(i)
whether the proposed cross-county annexation eliminates, leaves, or creates an 
unincorporated island or unincorporated peninsula;
(ii)
the fiscal impact of the proposed cross-county annexation on:
(A)
the affected county;
(B)
affected municipalities;
(C)
specified public utilities that serve the area proposed for cross-county 
annexation; and
(D)
affected entities;
(iii)
the estimated cost that the proposed annexing municipality would incur to 
provide governmental services in the area proposed for cross-county annexation 
during the current fiscal year;
(iv)
the estimated revenue that the proposed annexing municipality would receive 
from the area proposed for cross-county annexation during the current fiscal year; 
and
(v)
(A)
each entity that has provided municipal-type services in the area proposed 
for cross-county annexation;
(B)
the methods under which each entity described in Subsection 
(3)(c)(v)(A)
 has 
provided municipal-type services in the area proposed for cross-county 
annexation; and
(C)
the feasibility of the proposed annexing municipality providing 
municipal-type services in the area proposed for cross-county annexation.
(d)
For purposes of Subsection 
(3)(c)(iv)
, the feasibility consultant shall assume that the 
ad valorem property tax rate on property within the area proposed for cross-county 
annexation is the same property tax rate that the proposed annexing municipality 
currently imposes on property within the municipality.
(e)
The applicant and the affected county shall share equally the feasibility consultant 
fees and expenses.
(4)
(a)
A legislative body of an affected county shall hold, within 30 days after the day 
on which the legislative body receives the written results of the feasibility study 
under Subsection 
(3)(a)
 or waives the requirement for a feasibility study under 
Subsection 
(3)(b)
, a public hearing to:
(i)
determine whether the requirements described in Subsections 
(2)(a)
 and 
(b)
 have 
been met;
(ii)
consider the results of the feasibility study under Subsection 
(3)(a)
, unless the 
feasibility study is waived under Subsection 
(3)(b)
; and
(iii)
(A)
adopt a resolution approving the proposed cross-county annexation; or
(B)
adopt a resolution rejecting the proposed cross-county annexation.
(b)
The legislative body of the affected county shall send, at least 15 days before the day 
on which the public hearing described in Subsection 
(4)(a)
 occurs, written notice of 
the public hearing to:
(i)
the applicant;
(ii)
each residence within, and to each owner of real property located within:
(A)
the area proposed for cross-county annexation; and
(B)
300 feet of the area proposed for cross-county annexation;
(iii)
the legislative body of:
(A)
the proposed annexing municipality; and
(B)
the county in which the proposed annexing municipality is located;
(iv)
each specified public utility that serves the area proposed for cross-county 
annexation;
(v)
each affected municipality; and
(vi)
each affected entity.
(c)
At the public hearing described in Subsection 
(4)(a)
, the legislative body of the 
affected county shall allow the individuals present to speak to the proposed 
cross-county annexation.
(d)
A legislative body of an affected county may not adopt a resolution rejecting a 
proposed cross-county annexation under this section unless the legislative body 
determines that:
(i)
the requirements described in Subsections 
(2)(a)
 and 
(b)
 have not been met; or
(ii)
the results of the feasibility study under Subsection 
(3)(a)
 show that:
(A)
the proposed cross-county annexation would impose a substantial burden on 
the affected county;
(B)
the estimated revenue under Subsection 
(3)(c)(iv)
 exceeds the estimated cost 
to provide governmental services under Subsection 
(3)(c)(iii)
 by more than 
5%; or
(C)
it would not be feasible for the proposed annexing municipality to provide 
municipal-type services in the area proposed for cross-county annexation.
(e)
A legislative body of an affected county that adopts a resolution rejecting a proposed 
cross-county annexation under this section shall provide to the applicant a written 
explanation of the legislative body's decision.
(f)
A legislative body of an affected county may adopt a resolution approving a proposed 
cross-county annexation under this section regardless of the results of a feasibility 
study under Subsection 
(3)(a)
.
(5)
(a)
A party adversely affected by a legislative body of an affected county's decision 
under Subsection 
(4)(a)
 may, within 30 days after the day on which the legislative 
body 
issues the legislative body's decision
adopts a resolution approving or rejecting 
a cross-county annexation
, file a petition for review of the decision in the district 
court with jurisdiction in the affected county.
(b)
The district court shall defer to the legislative body of the affected county's decision 
under Subsection 
(4)(a)
 unless the court determines that the decision is arbitrary, 
capricious, or unlawful.
(6)
Section 
10-2-418
10-2-812
 does not apply to a cross-county annexation.
Section 7, Section 
10-2-806
, which is renumbered from Section 10-2-403 is renumbered 
and amended to read:
10-2-403
10-2-806
 (Effective 05/07/25). Annexation petition -- Requirements -- 
Notice required before filing.
(1)
Except as provided in Section 
10-2-418
10-2-812
 and except for an automatic 
annexation under Section 
10-2-429
10-2-814
, the process to annex an unincorporated 
area to a municipality is initiated by a petition as provided in this section.
(2)
(a)
(i)
Before filing a petition under Subsection (1), the person 
or persons 
intending to file a petition shall:
(A)
file with the 
city recorder or town clerk
municipal records officer
 of the 
proposed annexing municipality a notice of intent to file a petition; and
(B)
send a copy of the notice of intent 
to file a petition 
to each affected entity.
(ii)
Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of 
the area that is proposed to be annexed.
(b)
(i)
Subject to Subsection (2)(b)(ii), the county in which the area proposed to be 
annexed is located shall:
(A)
mail the notice described in Subsection (2)(b)(iii) to:
(I)
each owner of real property located within the area proposed to be annexed; 
and
(II)
each owner of real property located within 300 feet of the area proposed to 
be annexed; and
(B)
send to the proposed annexing municipality a copy of the notice and a 
certificate indicating that the notice has been mailed as required under 
Subsection (2)(b)(i)(A).
(ii)
The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20 
days after receiving from the person 
or persons 
who filed the notice of intent:
(A)
a written request to mail the required notice; and
(B)
payment of an amount equal to the county's expected actual cost of mailing 
the notice.
(iii)
Each notice required under Subsection (2)(b)(i)(A) shall:
(A)
be in writing;
(B)
state, in bold and conspicuous terms, substantially the following:
"Attention: Your property may be affected by a proposed annexation.
Records show that you own property within an area that is intended to be included in a 
proposed annexation to (state the name of the proposed annexing municipality) or that is 
within 300 feet of that area. If your property is within the area proposed for annexation, you 
may be asked to sign a petition supporting the annexation. You may choose whether to sign 
the petition. By signing the petition, you indicate your support of the proposed annexation. If 
you sign the petition but later change your mind about supporting the annexation, you may 
withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk 
of (state the name of the proposed annexing municipality) within 30 days after (state the name 
of the proposed annexing municipality) receives notice that the petition has been certified.
There will be no public election on the proposed annexation because Utah law does not 
provide for an annexation to be approved by voters at a public election. Signing or not signing 
the annexation petition is the method under Utah law for the owners of property within the 
area proposed for annexation to demonstrate their support of or opposition to the proposed 
annexation.
You may obtain more information on the proposed annexation by contacting (state the 
name, mailing address, telephone number, and email address of the official or employee of the 
proposed annexing municipality designated to respond to questions about the proposed 
annexation), (state the name, mailing address, telephone number, and email address of the 
county official or employee designated to respond to questions about the proposed 
annexation), or (state the name, mailing address, telephone number, and email address of the 
person who filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person 
filed the notice of intent, one of those persons). Once filed, the annexation petition will be 
available for inspection and copying at the office of (state the name of the proposed annexing 
municipality) located at (state the address of the municipal offices of the proposed annexing 
municipality)."; and
(C)
be accompanied by an accurate map identifying the area proposed for 
annexation.
(iv)
A county may not mail with the notice required under Subsection (2)(b)(i)(A) 
any other information or materials related or unrelated to the proposed annexation.
(c)
(i)
After receiving the certificate from the county as provided in Subsection 
(2)(b)(i)(B), the proposed annexing municipality shall, upon request from the 
person 
or persons 
who filed the notice of intent under Subsection (2)(a)(i)(A), 
provide an annexation petition for the annexation proposed in the notice of intent.
(ii)
An annexation petition provided by the proposed annexing municipality may be 
duplicated for circulation for signatures.
(3)
Each petition under Subsection (1) shall:
(a)
be filed with the 
applicable city recorder or town clerk
municipal records officer
 of 
the proposed annexing municipality;
(b)
contain the signatures of, if all the real property within the area proposed for 
annexation is owned by a public entity other than the federal government, the owners 
of all the publicly owned real property, or the owners of private real property that:
(i)
is located within the area proposed for annexation;
(ii)
(A)
subject to Subsection (3)(b)(ii)(C), covers a majority of the private land 
area within the area proposed for annexation;
(B)
covers 100% of all of the rural real property within the area proposed for 
annexation; and
(C)
covers 100% of all of the private land area within the area proposed for 
annexation if the area is within a migratory bird production area created under 
Title 23A, Chapter 13, Migratory Bird Production Area; and
(iii)
is equal in value to at least 1/3 of the value of all private real property within the 
area proposed for annexation;
(c)
be accompanied by:
(i)
an accurate and recordable map, prepared by a licensed surveyor in accordance 
with Section 
17-23-20
, of the area proposed for annexation; and
(ii)
a copy of the notice sent to affected entities as required under Subsection 
(2)(a)(i)(B) and a list of the affected entities to which notice was sent;
(d)
contain on each signature page a notice in bold and conspicuous terms that states 
substantially the following:
"Notice:
 There will be no public election on the annexation proposed by this petition because 
Utah law does not provide for an annexation to be approved by voters at a public election.
 If you sign this petition and later decide that you do not support the petition, you may 
withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk 
of (state the name of the proposed annexing municipality). If you choose to withdraw your 
signature, you shall do so no later than 30 days after (state the name of the proposed annexing 
municipality) receives notice that the petition has been certified.";
(e)
if the petition proposes a cross-county annexation, as defined in Section 
10-2-402.5
10-2-805
, be accompanied by a copy of the resolution described in Subsection 
10-2-402.5
(4)(a)(iii)(A)
10-2-805(4)(a)(iii)(A)
; and
(f)
designate up to five of the signers of the petition as sponsors, one of whom shall be 
designated as the contact sponsor, and indicate the mailing address of each sponsor.
(4)
A petition under Subsection (1) may not propose the annexation of all or part of an area 
proposed for annexation to a municipality in a previously filed petition that has not been 
denied, rejected, or granted.
(5)
If practicable and feasible, the boundaries of an area proposed for annexation shall be 
drawn:
(a)
along the boundaries of existing special districts and special service districts for 
sewer, water, and other services, along the boundaries of school districts whose 
boundaries follow city boundaries or school districts adjacent to school districts 
whose boundaries follow city boundaries, and along the boundaries of other taxing 
entities;
(b)
to eliminate islands and peninsulas of territory that is not receiving municipal-type 
services;
(c)
to facilitate the consolidation of overlapping functions of local government;
(d)
to promote the efficient delivery of services; and
(e)
to encourage the equitable distribution of community resources and obligations.
(6)
On the date of filing, the petition 
sponsors
contact sponsor
 shall deliver or mail a copy 
of the petition to the
 county
 clerk of the county in which the area proposed for 
annexation is located.
(7)
A property owner who signs an annexation petition may withdraw the owner's signature 
by filing a written withdrawal, signed by the property owner, with the 
city recorder or 
town clerk
municipal records officer
 no later than 30 days after the municipal legislative 
body's receipt of the notice of certification under Subsection 
10-2-405
(2)(c)(i)
10-2-807(2)(c)(i)
.
Section 8, Section 
10-2-807
, which is renumbered from Section 10-2-405 is renumbered 
and amended to read:
10-2-405
10-2-807
 (Effective 05/07/25). Acceptance or denial of an annexation 
petition -- Petition certification process -- Modified petition.
(1)
(a)
(i)
A municipal legislative body may:
(A)
subject to Subsection (1)(a)(ii), deny a petition filed under Section 
10-2-403
10-2-806
; or
(B)
accept the petition for further consideration under this part.
(ii)
A petition shall be considered to have been accepted for further consideration 
under this part if a municipal legislative body fails to 
act to 
deny or accept the 
petition under Subsection (1)(a)(i):
(A)
in the case of a city of the first or second class, within 14 days after the 
filing 
of the 
petition
 is filed
; or
(B)
in the case of a city of the third, fourth, or fifth class or a town, at the next 
regularly scheduled meeting of the municipal legislative body that is at least 14 
days after the date the petition was filed.
(b)
If a municipal legislative body denies a petition under Subsection (1)(a)(i), it shall, 
within five days after the denial, mail written notice of the denial to:
(i)
the contact sponsor; and
(ii)
the 
county 
clerk of the county in which the area proposed for annexation is 
located.
(2)
If the municipal legislative body accepts a petition under Subsection (1)(a)(i)
(B)
 or is 
considered to have accepted the petition under Subsection (1)(a)(ii), the 
city recorder or 
town clerk, as the case may be,
municipal records officer
 shall, within 30 days after 
that
the day of
 acceptance:
(a)
obtain from the assessor, clerk, surveyor, and recorder of the county in which the 
area proposed for annexation is located the records the 
city recorder or town clerk
municipal records officer
 needs to determine whether the petition meets the 
requirements of Subsections 
10-2-403
(3)
10-2-806(3)
 and (4);
(b)
with the assistance of the municipal attorney, determine whether the petition meets 
the requirements of Subsections 
10-2-403
(3)
10-2-806(3)
 and (4); and
(c)
(i)
if the 
city recorder or town clerk
municipal records officer
 determines that the 
petition meets 
those requirements
the requirements described in Subsection 
(2)
(b)
, 
certify the petition and mail or deliver written notification 
of the certification to
to:
(A)
the municipal legislative body
,
;
(B)
the contact sponsor
,
;
 and 
(C)
the county legislative body; or
(ii)
if the 
city recorder or town clerk
municipal records officer
 determines that the 
petition fails to meet 
any of those requirements
a requirement described in 
Subsection (2)(b)
, reject the petition and mail or deliver written notification of the 
rejection and the reasons for the rejection to
:
(A)
the municipal legislative body
,
;
(B)
the contact sponsor
,
;
 and 
(C)
the county legislative body.
(3)
The day the municipal records officer mails or delivers written notification of the 
certification, as described in Subsection 
(2)(c)(i)
, is the day of certification.
(3)
(4)
(a)
(i)
If the 
city recorder or town clerk
municipal records officer
 rejects a 
petition under Subsection (2)(c)(ii), the
 petition sponsor may modify the
 petition 
may be modified 
to correct the deficiencies for which it was rejected and 
then 
refiled
refile the petition
 with the 
city recorder or town clerk, as the case may be
municipal records officer
.
(ii)
A signature on an annexation petition filed under Section 
10-2-403
10-2-806
may be used toward fulfilling the signature requirement of Subsection 
10-2-403
(2)(b)
10-2-806(2)(b)
 for the petition as modified under Subsection 
(3)(a)(i)
(4)(a)(i)
.
(b)
If a petition is refiled under Subsection 
(3)(a)
(4)(a)
 after having been rejected by 
the 
city recorder or town clerk
municipal records officer
 under Subsection (2)(c)(ii), 
the refiled petition shall be treated as a newly filed petition under Subsection 
10-2-403
(1)
10-2-806(1)
.
(4)
(5)
Any vote by a municipal legislative body to deny a petition under this part may be 
recalled and set for reconsideration by a majority of the voting members of the 
municipal legislative body.
(5)
(6)
Each county assessor, clerk, surveyor, and recorder shall provide copies of records 
that a 
city recorder or town clerk
municipal records officer
 requests under Subsection 
(2)(a).
Section 9, Section 
10-2-808
, which is renumbered from Section 10-2-406 is renumbered 
and amended to read:
10-2-406
10-2-808
 (Effective 05/07/25). Notice of certification -- Providing 
notice of petition.
(1)
(a)
After receipt of the notice of certification from the city recorder or town clerk 
under Subsection 
10-2-405(2)(c)(i)
,
After the day of certification as described in 
Subsection 
10-2-807(3)
 and within the time described in Subsection (1)(b),
 the 
municipal legislative body shall provide notice:
(a)
(i)
for the area proposed for annexation and 
the
any
 unincorporated area within 
1/2 mile of the area proposed for annexation, as a class B notice under Section 
63G-30-102
, no later than 10 days after the day on which the municipal 
legislative body receives the notice of certification
; and
(b)
(ii)
within 20 days after the day on which the municipal legislative body 
receives the notice of certification, 
by mailing written notice to each affected 
entity.
(b)
The municipal legislative body shall provide the notice:
(i)
described in Subsection 
(1)(a)(i)
 no later than 10 days after the day of 
certification; and
(ii)
described in Subsection (1)(a)(ii) no later than 20 days after the day of 
certification.
(2)
The notice described in Subsection 
(1)
 shall:
(a)
state that a petition has been filed with the municipality proposing the annexation of 
an area to the municipality;
(b)
state the 
date of the municipal legislative body's receipt of the notice of certification 
under Subsection 
10-2-405(2)(c)(i)
day of certification
;
(c)
describe the area proposed for annexation in the annexation petition;
(d)
state that the complete annexation petition is available for inspection and copying at 
the office of the 
city recorder or town clerk
municipal records officer
;
(e)
state in conspicuous and plain terms that the municipality may grant the petition and 
annex the area described in the petition unless, 
within the time required under 
Subsection 
10-2-407(2)(a)(i)
, 
no later than 30 days after the day of certification:
(i)
a written protest to the annexation petition is filed with the 
boundary 
commission
;
and 
(ii)
a copy of the 
written 
protest
 is
 delivered to the 
city recorder or town clerk
municipal records officer
 of the proposed annexing municipality;
(f)
(i)
state the address of the
 boundary
 commission 
or,
where a protest to the 
annexation petition may be filed; or
(ii)
if a 
boundary 
commission has not yet been created in the county, the
 address of 
the
 county clerk, where a protest to the annexation petition may be filed;
(g)
provide brief instructions on how to file a protest to the annexation petition or a link 
to a web page that contains instructions on how to file a protest to the annexation 
petition;
(h)
state that the area proposed for annexation to the municipality will also automatically 
be annexed to a special district providing fire protection, paramedic, and emergency 
services or a special district providing law enforcement service, as the case may be, 
as provided in Section 
17B-1-416
, if:
(i)
the proposed annexing municipality is entirely within the boundaries of a special 
district:
(A)
that provides fire protection, paramedic, and emergency services or law 
enforcement service, respectively; and
(B)
in the creation of which an election was not required because of Subsection 
17B-1-214(3)(c)
; and
(ii)
the area proposed to be annexed to the municipality is not already within the 
boundaries of the special district; and
(h)
(i)
state that the area proposed for annexation to the municipality will be 
automatically withdrawn from a special district providing fire protection, paramedic, 
and emergency services or a special district providing law enforcement service, as the 
case may be, as provided in Subsection 
17B-1-502(2)
, if:
(i)
the petition proposes the annexation of an area that is within the boundaries of a 
special district:
(A)
that provides fire protection, paramedic, and emergency services or law 
enforcement service, respectively; and
(B)
in the creation of which an election was not required because of Subsection 
17B-1-214(3)(c)
; and
(ii)
the proposed annexing municipality is not within the boundaries of the special 
district.
(3)
(a)
The statement required by Subsection 
(2)(e)
 shall state the deadline for filing a 
written protest in terms of the actual date
 rather than
, not
 by reference to the 
statutory citation.
(b)
In addition to the requirements under Subsection 
(2)
, a notice under Subsection 
(1)
for a proposed annexation of an area within a county of the first class shall include a 
statement that a protest to the annexation petition may be filed with the commission 
by property owners if it contains the signatures of the owners of private real property 
that:
(i)
is located in the unincorporated area within 1/2 mile of the area proposed for 
annexation;
(ii)
covers at least 25% of the private land area located in the unincorporated area 
within 1/2 mile of the area proposed for annexation; and
(iii)
is equal in value to at least 15% of all real property located in the 
unincorporated area within 1/2 mile of the area proposed for annexation.
Section 10, Section 
10-2-809
, which is renumbered from Section 10-2-409 is renumbered 
and amended to read:
10-2-409
10-2-809
 (Effective 05/07/25). Boundary commission -- Creation -- 
Members -- Terms -- Chair -- Boundary commission quorum -- Municipal selection 
committee.
(1)
The legislative body of each county:
(a)
may create a boundary commission on its own initiative at any time; and
(b)
shall create a boundary commission within 30 days of the filing of a protest under 
Section 
10-2-407
10-2-810
.
(2)
A boundary commission shall hear and decide, according to the provisions of this part, 
any protest filed under Section 
10-2-810
 with respect to an area that is located within the 
boundary commission's county.
(3)
Each 
boundary 
commission shall be composed of:
(a)
in a county with two or more municipalities:
(i)
two members who are elected county officers, appointed by:
(A)
(I)
(A)
in a county 
of the first class 
operating under a form of government in 
which the executive and legislative functions are separated, the county 
executive with the advice and consent of the county legislative body; or
(II)
(B)
in a county 
of the first class 
operating under a form of government in 
which the executive and legislative functions of the governing body are not 
separated, the county legislative body; 
or
(B)
in a specified county, the county legislative body;
(ii)
two members who are elected municipal officers from separate municipalities 
within the county, appointed by the municipal selection committee
 described in 
Subsection 
(13)
; and
(iii)
three members who are residents of the county, none of whom is a county or 
municipal 
elected 
officer, appointed by the four other members of the boundary 
commission; and
(b)
in a county with only one municipality:
(i)
two members who are county elected officers, appointed by the county legislative 
body;
(ii)
one member who is a municipal
 elected
 officer, appointed by the governing body 
of the municipality; and
(iii)
two members who are residents of the county, neither of whom is a county or 
municipal 
elected 
officer, appointed by the other three members of the boundary 
commission.
(3)
(4)
At the expiration of the term of each member appointed under this section, the 
member's successor shall be appointed by the same body that appointed the member 
whose term is expiring, as provided in this section.
(5)
(a)
Except as provided in Subsection 
(5)(b)
, the term of each member of a boundary 
commission:
(i)
is approximately four years; and
(ii)
begins and expires on the first Monday of January of the applicable year.
(b)
Notwithstanding Subsection 
(5)(a)
, the terms of the first members of a boundary 
commission shall be staggered by lot so that:
(i)
on a seven-member commission described in Subsection (3)(a), the term of one 
member is approximately one year, the term of two members is approximately 
two years, the term of two members approximately three years, and the term of 
two members is approximately four years; and
(ii)
on a five-member commission described in Subsection 
(3)(b)
, the term of two 
members is approximately two years and the term of the other three members is 
approximately four years.
(c)
A vacancy on a boundary commission shall be filled for the remaining unexpired 
term in the same manner that the predecessor member was appointed, as described in 
Subsection 
(3)
.
(6)
(a)
(i)
The members of a boundary commission shall elect a chair from the eligible 
membership of the boundary commission.
(ii)
A member of a boundary commission is eligible to serve as chair if the member 
has at least two years remaining in the member's term.
(b)
The term of a boundary commission chair is two years from the day on which the 
chair is elected.
(7)
(a)
A majority of the members of the boundary commission constitutes a quorum.
(b)
Boundary commission action requires a majority vote of the members of the 
boundary commission.
(8)
(a)
A member of the boundary commission is disqualified from hearing and deciding 
a protest if the boundary commission member owns any property within the area 
proposed for annexation that is the subject of the protest.
(b)
In the event a member of the boundary commission is disqualified as described in 
Subsection 
(8)(a)
, the body that appointed the disqualified member of the boundary 
commission shall appoint an alternate member of the boundary commission to hear 
and decide the protest.
(9)
In considering a protest filed under Section 
10-2-810
, the boundary commission may:
(a)
adopt and enforce rules of procedure for the orderly and fair conduct of boundary 
commission proceedings;
(b)
authorize a member of the boundary commission to administer oaths, if necessary in 
the performance of the boundary commission's duties;
(c)
employ staff or retain professional or consulting services reasonably necessary to 
enable the commission to carry out the boundary commission's duties;
(d)
incur reasonable and necessary expenses in order to carry out the boundary 
commission's duties; and
(e)
request any additional information from the sponsor of the protest that the boundary 
commission considers necessary to make a determination.
(10)
The legislative body of each county shall, with respect to the boundary commission in 
that county:
(a)
furnish the boundary commission with any necessary office space, equipment, and 
supplies;
(b)
pay necessary operating expenses incurred by the boundary commission; and
(c)
reimburse the reasonable and necessary expenses incurred by each member 
appointed under Subsection 
(2)
, unless otherwise provided by interlocal agreement.
(11)
Each county legislative body or municipal legislative body shall reimburse the 
reasonable and necessary expenses incurred by a boundary commission member who is 
a county or municipal elected officer, respectively.
(12)
The boundary commission may request, and a relevant county or municipality shall 
provide, records, information, or any other relevant material necessary to enable the 
boundary commission to hear and decide a protest.
(13)
(a)
A municipal selection committee consists of the municipal executive of each 
municipality in the county.
(b)
(i)
In a county with an odd number of municipalities, a majority of the members of 
a municipal selection committee constitutes a quorum.
(ii)
In a county with an even number of municipalities, half of the members of the 
municipal selection committee constitutes a quorum.
(c)
A legislative body that creates a boundary commission described in Subsection (3)(a) 
shall, at the same time the legislative body creates the boundary commission as 
described in Subsection (1), notify the municipal selection committee of the 
obligation to select the members described in Subsection (3)(a)(ii).
Section 11, Section 
10-2-810
, which is renumbered from Section 10-2-407 is renumbered 
and amended to read:
10-2-407
10-2-810
 (Effective 05/07/25). Protest to annexation petition -- 
Planning advisory area planning commission recommendation -- Petition requirements -- 
Disposition of petition if no protest filed -- Public hearing and notice.
(1)
A protest to an annexation petition under Section 
10-2-403
10-2-806
 may only be filed 
by:
(a)
the legislative body or governing board of an affected entity;
(b)
an owner of rural real property located within the area proposed for annexation;
 or
(c)
for a proposed annexation of an area within a county of the first class, an owner of 
private real property that:
(i)
is located in the unincorporated area within 1/2 mile of the area proposed for 
annexation;
(ii)
covers at least 25% of the private land area located in the unincorporated area 
within 1/2 mile of the area proposed for annexation; and
(iii)
is equal in value to at least 15% of all real property located in the 
unincorporated area within 1/2 mile of the area proposed for annexation; or
(d)
(c)
an owner of private real property located in a mining protection area.
(2)
Each protest under Subsection 
(1)
 shall:
(a)
be filed:
(i)
no later than 30 days after the municipal legislative body's receipt of the notice of 
certification under Subsection 
10-2-405(2)(c)(i)
; and
(ii)
(A)
in a county that has already created a commission under Section 
10-2-409
, 
with the commission; or
(B)
in a county that has not yet created a commission under Section 
10-2-409
, 
with the clerk of the county in which the area proposed for annexation is 
located;
(b)
(a)
be filed with the county clerk of the county in which the area proposed for 
annexation is located;
(b)
state each reason for the protest of the annexation petition and
, if the area proposed 
to be annexed is located in a specified county,
 justification for the protest under the 
standards established in this 
chapter
part
;
(c)
if the area proposed to be annexed is located in a specified county, contain other 
information that the commission by rule requires or that the party filing the protest 
considers pertinent; and
(d)
(c)
contain any information that the county boundary commission requires or the 
party filing the protest considers relevant to the protest; and
(d)
contain the name and address of a contact person who is to receive notices sent by 
the 
boundary 
commission with respect to the protest proceedings.
(3)
The party filing a protest under this section shall on the same date deliver or mail a copy 
of the protest to the 
city recorder or town clerk
municipal records officer
 of the 
proposed annexing municipality.
(4)
Each
 county
 clerk who receives a protest under Subsection 
(2)(a)(ii)(B)
(2)(a)
 shall:
(a)
immediately notify the county legislative body of the protest; and
(b)
deliver the protest to the boundary commission within five days after:
(i)
receipt of the protest, if the boundary commission has previously been created; or
(ii)
creation of the boundary commission under 
Subsection
10-2-409(1)(b)
Section 
10-2-809
, if the boundary commission has not previously been created.
(5)
(a)
If a protest is filed under this section:
(i)
the municipal legislative body may, at 
its
the
 next regular 
municipal legislative 
meeting 
after expiration of the deadline under Subsection 
(2)(a)(i)
occurring 
within 30 days of the day of certification, as described in Subsection 
10-2-807(3)
, 
deny the annexation petition; or
(ii)
if the municipal legislative body does not deny the annexation petition under 
Subsection 
(5)(a)(i)
, the municipal legislative body may 
take no
not take
 further 
action on the annexation petition until after receipt of the
 boundary
 commission's 
notice of its decision on the protest under Section 
10-2-416
10-2-811
.
(b)
If a municipal legislative body denies an annexation petition under Subsection 
(5)(a)(i)
, the municipal legislative body shall, within five days after the denial, send 
notice of the denial in writing to:
(i)
the contact sponsor of the annexation petition;
(ii)
the
 boundary
 commission; and
(iii)
each entity that filed a protest.
(6)
(a)
A protest may not be filed later than 30 days after the day of certification, as 
described in Subsection 
10-2-807(3)
.
(b)
If no timely protest is filed under this section, the municipal legislative body may, 
subject to Subsection 
(7)
, approve the 
annexation 
petition.
(7)
Before approving an annexation petition under Subsection 
(6)
, the municipal legislative 
body shall
:
(a)
hold a public hearing
;
 and 
(b)
provide notice of the public hearing by publishing the notice for the municipality and 
the area proposed for annexation, as a class B notice under Section 
63G-30-102
, for 
at least seven days before the date of the public hearing.
(8)
(a)
Subject to Subsection 
(8)(b)
, only a person or entity that is described in 
Subsection 
(1)
 has standing to challenge an annexation in district court.
(b)
A person or entity described in Subsection 
(1)
 may only bring an action in district 
court to challenge an annexation if the person or entity has timely filed a protest as 
described in Subsection 
(2)
 and exhausted the administrative remedies described in 
this section.
Section 12, Section 
10-2-811
, which is renumbered from Section 10-2-415 is renumbered 
and amended to read:
10-2-415
10-2-811
 (Effective 05/07/25). Public hearing of protest -- Notice -- 
Decision -- Municipal legislative action -- Judicial review.
(1)
(a)
If the results of the feasibility study or supplemental feasibility study meet the 
requirements of Subsection 
10-2-416(3)
 with respect to a proposed annexation of an 
area located in a county of the first class, the commission shall hold a public hearing 
within 30 days after the day on which the commission receives the feasibility study 
or supplemental feasibility study results.
(b)
At the public hearing described in Subsection 
(1)(a)
, the commission shall:
(i)
require the feasibility consultant to present the results of the feasibility study and, 
if applicable, the supplemental feasibility study;
(ii)
allow those present to ask questions of the feasibility consultant regarding the 
study results; and
(iii)
allow those present to speak to the issue of annexation.
(2)
The commission shall provide notice of the public hearing described in Subsection 
(1)(a)
 for the area proposed for annexation, the surrounding 1/2 mile of unincorporated 
area, and the proposed annexing municipality, as a class B notice under Section 
63G-30-102
, for at least two weeks before the date of the public hearing.
(3)
The notice described in Subsection 
(2)
 shall:
(a)
be entitled, "notice of annexation hearing";
(b)
state the name of the annexing municipality;
(c)
describe the area proposed for annexation; and
(d)
specify the following sources where an individual may obtain a copy of the 
feasibility study conducted in relation to the proposed annexation:
(i)
if the municipality has a website, the municipality's website;
(ii)
a municipality's physical address; and
(iii)
a mailing address and telephone number.
(4)
Within 30 days after the time under Subsection 
10-2-407(2)
 for filing a protest has 
expired with respect to a proposed annexation of an area located in a specified county, 
the boundary commission shall hold a hearing on all protests that were filed with respect 
to the proposed annexation.
(5)
For at least 14 days before the date of a hearing described in Subsection 
(4)
, the 
commission chair shall provide notice of the hearing, for the area proposed for 
annexation, as a class B notice under Section 
63G-30-102
.
(6)
(1)
(a)
Except as provided in Subsection 
(1)(b)
, the boundary commission for each 
county shall hear and decide, according to the provisions of this part, each protest 
timely filed under Section 
10-2-810
.
(b)
If the municipal legislative body has already denied the petition for annexation that is 
the subject of the protest under Subsection 
10-2-810(5)(a)
, the boundary commission 
shall take no further action on the protest.
(2)
In regard to a protest described in Subsection 
(1)
(a), the boundary commission shall:
(a)
schedule a public hearing on the protest no later than 30 days from the day on which 
the time for filing a protest expired; and
(b)
except as provided in Subsection 
(5)
, hold the public hearing on the protest.
(3)
At least 14 days before the day of a hearing described in Subsection 
(2)
, the boundary 
commission shall provide notice of the public hearing:
(a)
(i)
by posting one notice, and at least one additional notice per 2,000 residents 
within the area proposed for annexation, in places reasonably likely to give notice 
of the public hearing; and
(ii)
by mailing notice to each resident within, and each owner of property located 
within, the area proposed for annexation;
(b)
by posting notice on the Utah Public Notice Website, created in Section 
63A-16-601
, 
for 14 days before the day of the public hearing;
(c)
if the annexing municipality has a website, by providing notice to the municipal 
records officer to post on the municipality's website for 14 days before the day of the 
public hearing; and
(d)
by posting notice on the county's website for 14 days before the day of the public 
hearing.
(4)
Each notice described in Subsection 
(5)
(3)
 shall:
(a)
state the date, time, and place of the hearing;
(b)
briefly summarize the nature of the protest; and
(c)
state that a copy of the protest is on file at
:
(i)
the 
boundary 
commission's office
, if the boundary commission has a physical 
office; or
(ii)
the county recorder's office
.
(7)
(5)
The 
boundary 
commission may 
continue
postpone
 a 
scheduled public 
hearing
under Subsection 
(4)
 from time to time
, but no 
continued
postponed
 hearing may be 
held later than 60 days after the original hearing date.
(8)
(6)
In considering 
protests
a protest
, the 
boundary 
commission shall consider whether 
the proposed annexation:
(a)
complies with the requirements of
 Sections 
10-2-402
 and 
10-2-403
:
(i)
Section 
10-2-804
;
(ii)
Section 
10-2-806
; 
and 
(iii)
the annexation policy plan of the proposed annexing municipality
, as described 
in Section 
10-2-803
;
(b)
conflicts with the annexation policy plan of another municipality; and
(c)
if the proposed annexation includes urban development, will have an adverse tax 
consequence on the remaining unincorporated area of the county.
(7)
After the public hearing required by this section, the boundary commission:
(a)
shall, within 30 days, issue a written decision on the protest filed under Section 
10-2-810
;
(b)
shall send a copy of the written decision described in Subsection 
(7)(a)
 to:
(i)
the legislative body of the county in which the area proposed for annexation is 
located;
(ii)
the legislative body of the proposed annexing municipality;
(iii)
the sponsor of the annexation petition; and
(iv)
the contact person for the protest; and
(c)
may:
(i)
recommend approval of the proposed annexation, either with or without 
conditions; or
(ii)
recommend denying the proposed annexation.
(9)
(8)
(a)
The 
boundary 
commission shall record each 
public 
hearing under this section 
by electronic means.
(b)
A
The record of a boundary commission proceeding includes:
(i)
the 
transcription of the recording under Subsection
(8)(a)
(9)(a)
,
;
(ii)
the feasibility study, if applicable
,
;
(iii)
information received at the hearing
,
;
 and 
(iv)
the written decision of the 
boundary 
commission
 shall constitute the record of 
the hearing
.
(9)
Except as provided in Subsection 
(12)
, upon receipt of the boundary commission's 
written decision under Subsection 
(7)
, the legislative body of the annexing municipality 
shall take action no earlier than 30 days after but no later than 60 days after receipt of 
the boundary commission's written decision to:
(a)
deny the annexation petition; or
(b)
subject to Subsection 
(10)
, approve the annexation petition, with or without any 
conditions recommended by the boundary commission.
(10)
A municipal legislative body shall exclude from an annexation:
(a)
rural real property, unless the owner of the rural real property has signed the 
annexation petition or otherwise gives written consent to the inclusion of the owner's 
property to the annexation; and
(b)
private real property located within a mining protection area, unless the owner of the 
private property located in the mining protection area has signed the annexation 
petition or otherwise gives written consent to the inclusion of the owner's property to 
the annexation.
(11)
(a)
As used in this subsection, "party" means:
(i)
an annexing municipality;
(ii)
the contact sponsor of an annexation petition; or
(iii)
the contact person for a protest.
(b)
A party may seek review of a boundary commission's written decision in the state 
district court with jurisdiction over the county in which the boundary commission is 
established by filing a petition for review of the written decision within 20 days of 
receiving the boundary commission's written decision.
(c)
A party that files a petition for review under Subsection 
(11)(b)
 shall provide notice 
of the filing to the legislative body of the annexing municipality, unless the annexing 
municipality is the party that filed a petition for review.
(d)
The district court shall consider the record described in Subsection 
(8)(b)
 de novo 
and affirm the boundary commission's written decision unless the court determines 
the boundary commission's written decision is arbitrary or capricious.
(12)
The legislative body of an annexing municipality is excused from complying with the 
requirements of Subsection (9) until judicial review is concluded.
Section 13, Section 
10-2-812
, which is renumbered from Section 10-2-418 is renumbered 
and amended to read:
10-2-418
10-2-812
 (Effective 05/07/25). Annexation of an island or peninsula 
without a petition -- Notice -- Hearing.
(1)
As used in Subsection 
(2)(b)(ii)
, for purposes of an annexation conducted in 
accordance with this section of an area located within a county of the first class, 
"municipal-type services" does not include a service provided by a municipality 
pursuant to a contract that the municipality has with another political subdivision as 
"political subdivision" is defined in Section 
17B-1-102
.
(2)
(1)
Notwithstanding Subsection 
10-2-402(2)
10-2-804(4)
, a municipality may annex 
an unincorporated area under this section without an annexation petition if:
(a)
for an unincorporated area within the expansion area of more than one municipality, 
each municipality agrees to the annexation; and
(b)
(i)
(A)
the area to be annexed consists of one or more unincorporated islands 
within or unincorporated peninsulas contiguous to the municipality;
(B)
the majority of each island or peninsula consists of residential or commercial 
development;
(C)
the area proposed for annexation requires the delivery of municipal-type 
services; and
(D)
the municipality has provided most or all of the municipal-type services to the 
area for more than one year;
(ii)
(A)
the area to be annexed consists of one or more unincorporated islands 
within or unincorporated peninsulas contiguous to the municipality, each of 
which has fewer than 800 residents; and
(B)
the municipality has provided one or more municipal-type services to the area 
for at least one year;
(iii)
the area consists of:
(A)
an unincorporated island within or an unincorporated peninsula contiguous to 
the municipality; and
(B)
for an area outside of the county of the first class proposed for annexation, 
no more than 50 acres; or
(iv)
(A)
the area to be annexed consists only of one or more unincorporated islands 
in a county of the second class;
(B)
the area to be annexed is located in the expansion area of a municipality; and
(C)
the county legislative body in which the municipality is located provides 
notice to each property owner within the area to be annexed that the county 
legislative body will hold a public hearing, no less than 15 days after the day 
on which the county legislative body provides the notice, and may make a 
recommendation of annexation to the municipality whose expansion area 
includes the area to be annexed after the public hearing.
(3)
(2)
Notwithstanding Subsection 
10-2-402(1)(b)(iii)
10-2-804(2)(c)
, a municipality 
may annex a portion of an unincorporated island or unincorporated peninsula under this 
section, leaving unincorporated the remainder of the unincorporated island or 
unincorporated peninsula, if:
(a)
in adopting the resolution under Subsection 
(5)(a)
(3)(a)
 the municipal legislative 
body determines that not annexing the entire unincorporated island or unincorporated 
peninsula is in the municipality's best interest; and
(b)
for an annexation of one or more unincorporated islands under Subsection 
(2)(b)
(1)(b)
, the entire island of unincorporated area, of which a portion is being annexed, 
complies with the requirement of Subsection 
(2)(b)(ii)
(1)(b)(ii)
 relating to the 
number of residents.
(4)
(a)
This Subsection 
(4)
 applies only to an annexation within a county of the first 
class.
(b)
A county of the first class shall agree to an annexation if the majority of private 
property owners within the area to be annexed give written consent to the annexation, 
in accordance with Subsection 
(4)(d)
, to the recorder of the annexing municipality.
(c)
For purposes of Subsection 
(4)(b)
, the majority of private property owners is 
property owners who own:
(i)
the majority of the total private land area within the area proposed for annexation; 
and
(ii)
private real property equal to at least 1/2 the value of private real property within 
the area proposed for annexation.
(d)
A property owner consenting to annexation shall indicate the property owner's consent on 
a form which includes language in substantially the following form:
"Notice: If this written consent is used to proceed with an annexation of your property 
in accordance with Utah Code Section 
10-2-418
, no public election is required by law to 
approve the annexation. If you sign this consent and later decide you do not want to support 
the annexation of your property, you may withdraw your signature by submitting a signed, 
written withdrawal with the recorder or clerk of [name of annexing municipality]. If you 
choose to withdraw your signature, you must do so no later than the close of the public hearing 
on the annexation conducted in accordance with Utah Code Subsection 
10-2-418(4)(d)
.".
(e)
A private property owner may withdraw the property owner's signature indicating 
consent by submitting a signed, written withdrawal with the recorder or clerk no later 
than the close of the public hearing held in accordance with Subsection 
(5)(b)
.
(5)
(3)
The legislative body of each municipality intending to annex an area under this 
section shall:
(a)
adopt a resolution indicating the municipal legislative body's intent to annex the area, 
describing the area proposed to be annexed; and
(b)
hold a public hearing on the proposed annexation no earlier than 30 days after the 
adoption of the resolution described in Subsection 
(5)(a)
(3)(a)
.
(6)
(4)
A legislative body described in Subsection 
(5)
(3)
 shall provide notice of a public 
hearing described in Subsection 
(5)(b)
(3)(b)
:
(a)
for at least three weeks before the day of the public hearing, for the municipality and 
the area proposed for annexation, as a class B notice under Section 
63G-30-102
; and
(b)
by sending written notice to:
(i)
the board of each special district and special service district whose boundaries 
contain some or all of the area proposed for annexation; and
(ii)
the legislative body of the county in which the area proposed for annexation is 
located.
(7)
(5)
The legislative body of the annexing municipality shall ensure that:
(a)
each notice described in Subsection 
(6)
(4)
:
(i)
states that the municipal legislative body has adopted a resolution indicating the 
municipality's intent to annex the area proposed for annexation;
(ii)
states the date, time, and place of the public hearing described in Subsection 
(5)(b)
(3)(b)
;
(iii)
describes the area proposed for annexation; and
(iv)
except for an annexation that meets the requirements of Subsection 
(8)(b)
 or 
(c)
, 
states in conspicuous and plain terms that the municipal legislative body will 
annex the area unless, at or before the public hearing described in Subsection 
(5)(b)
(3)(b)
, written protests to the annexation are filed by the owners of private 
real property that:
(A)
is located within the area proposed for annexation;
(B)
covers a majority of the total private land area within the entire area proposed 
for annexation; and
(C)
is equal in value to at least 1/2 the value of all private real property within the 
entire area proposed for annexation; and
(b)
the first publication of the notice described in Subsection 
(6)(a)
(4)(a)
 occurs within 
14 days after the day on which the municipal legislative body adopts a resolution 
under Subsection 
(5)(a)
(3)(a)
.
(8)
(6)
(a)
Except as provided in Subsections 
(8)(b)(i)
(6)(b)(i)
 and 
(8)(c)(i)
(6)(c)(i)
, 
upon conclusion of the public hearing described in Subsection 
(5)(b)
(3)(b)
, the 
municipal legislative body may adopt an ordinance approving the annexation of the 
area proposed for annexation under this section unless, at or before the hearing, 
written protests to the annexation have been filed with the recorder or clerk of the 
municipality by the owners of private real property that:
(i)
is located within the area proposed for annexation;
(ii)
covers a majority of the total private land area within the entire area proposed for 
annexation; and
(iii)
is equal in value to at least 1/2 the value of all private real property within the 
entire area proposed for annexation.
(b)
(i)
Notwithstanding Subsection 
(8)(a)
(6)(a)
, upon conclusion of the public 
hearing described in Subsection 
(5)(b)
(3)(b)
, a municipality may adopt an 
ordinance approving the annexation of the area proposed for annexation under this 
section without allowing or considering protests under Subsection 
(8)(a)
(6)(a)
 if 
the owners of at least 75% of the total private land area within the entire area 
proposed for annexation, representing at least 75% of the value of the private real 
property within the entire area proposed for annexation, have consented in writing 
to the annexation.
(ii)
Upon the effective date under Section 
10-2-425
10-2-813
 of an annexation 
approved by an ordinance adopted under Subsection 
(8)(b)(i)
(6)(b)(i)
, the area 
annexed is conclusively presumed to be validly annexed.
(c)
(i)
Notwithstanding Subsection 
(8)(a)
(6)(a)
, upon conclusion of the public 
hearing described in Subsection 
(5)(b)
(3)(b)
, a municipality may adopt an 
ordinance approving the annexation of an area that the county legislative body 
proposes for annexation under this section without allowing or considering 
protests under Subsection 
(8)(a)
(6)(a)
 if the county legislative body has formally 
recommended annexation to the annexing municipality and has made a formal 
finding that:
(A)
the area to be annexed can be more efficiently served by the municipality than 
by the county;
(B)
the area to be annexed is not likely to be naturally annexed by the 
municipality in the future as the result of urban development;
(C)
annexation of the area is likely to facilitate the consolidation of overlapping 
functions of local government; and
(D)
annexation of the area is likely to result in an equitable distribution of 
community resources and obligations.
(ii)
The county legislative body may base the finding required in Subsection 
(8)(c)(i)(B)
(6)(c)(i)(B)
 on:
(A)
existing development in the area;
(B)
natural or other conditions that may limit the future development of the area; 
or
(C)
other factors that the county legislative body considers relevant.
(iii)
A county legislative body may make the recommendation for annexation 
required in Subsection 
(8)(c)(i)
(6)(c)(i)
 for only a portion of an unincorporated 
island if, as a result of information provided at the public hearing, the county 
legislative body makes a formal finding that it would be equitable to leave a 
portion of the island unincorporated.
(iv)
If a county legislative body has made a recommendation of annexation under 
Subsection 
(8)(c)(i)
(6)(c)(i)
:
(A)
the relevant municipality is not required to proceed with the recommended 
annexation; and
(B)
if the relevant municipality proceeds with annexation, the municipality shall 
annex the entire area that the county legislative body recommended for 
annexation.
(v)
Upon the effective date under Section 
10-2-425
10-2-813
 of an annexation 
approved by an ordinance adopted under Subsection 
(8)(c)(i)
(6)(c)(i)
, the area 
annexed is conclusively presumed to be validly annexed.
(9)
(7)
(a)
Except as provided in Subsections 
(8)(b)(i)
(6)(b)(i)
 and 
(8)(c)(i)
(6)(c)(i)
, 
if protests are timely filed under Subsection 
(8)(a)
(6)(a)
, the municipal legislative 
body may not adopt an ordinance approving the annexation of the area proposed for 
annexation, and the annexation proceedings under this section shall be considered 
terminated.
(b)
Subsection 
(9)(a)
(7))(a)
 does not prohibit the municipal legislative body from 
excluding from a proposed annexation under Subsection 
(2)(b)
(1)(b)
 the property 
within an unincorporated island regarding which protests have been filed and 
proceeding under Subsection 
(3)
(2)
 to annex some or all of the remaining portion of 
the unincorporated island.
Section 14, Section 
10-2-813
, which is renumbered from Section 10-2-425 is renumbered 
and amended to read:
10-2-425
10-2-813
 (Effective 05/07/25). Filing of notice and plat -- Recording 
and notice requirements -- Effective date of annexation or boundary adjustment.
(1)
As used in this section:
(a)
"Annexation action" means:
(i)
the enactment of an ordinance annexing an unincorporated area;
(ii)
an election approving an annexation under Section 
10-2a-404
;
(iii)
the enactment of an ordinance approving a boundary adjustment by each of the 
municipalities involved in the boundary adjustment; or
(iv)
an automatic annexation that occurs on July 1, 2027 under Subsection 
10-2-429
(2)(b).
(b)
"Applicable legislative body" means:
(i)
the legislative body of each municipality that enacts an ordinance under this part 
approving the annexation of an unincorporated area or the adjustment of a 
boundary; or
(ii)
the legislative body of a municipality to which an unincorporated island is 
automatically annexed under Section 
10-2-429
.
(2)
(1)
An applicable legislative body shall:
(a)
within 60 days after an annexation action, file with the lieutenant governor:
(i)
a notice of an impending boundary action, as defined in Section 
67-1a-6.5
, that 
meets the requirements of Subsection 
67-1a-6.5
(3); 
(ii)
a copy of an approved final local entity plat, as defined in Section 
67-1a-6.5
; and
(iii)
if applicable, a copy of 
an agreement
a resolution
 under Subsection 
10-2-429
(2)(a)(ii)
10-2-814(2)(a)(ii)
;
(b)
upon the lieutenant governor's issuance of a certificate of annexation or boundary 
adjustment, as the case may be, under Section 
67-1a-6.5
:
(i)
if the annexed area or area subject to the boundary adjustment is located within the 
boundary of a single county, submit to the recorder of that county the original 
notice of an impending boundary action, the original certificate of annexation or 
boundary adjustment, the original approved final local entity plat, and a certified 
copy of the ordinance approving the annexation or boundary adjustment; or
(ii)
if the annexed area or area subject to the boundary adjustment is located within 
the boundaries of more than a single county:
(A)
submit to the recorder of one of 
those
the affected
 counties the original 
notice of impending boundary action, the original certificate of annexation or 
boundary adjustment, and the original approved final local entity plat;
(B)
submit to the recorder of each other 
affected 
county a certified copy of the 
documents listed in Subsection 
(2)(b)(ii)(A)
(1)(b)(ii)(A)
; and
(C)
submit a certified copy of the ordinance approving the annexation or boundary 
adjustment to each county described in Subsections 
(2)(b)(ii)(A)
(1)(b)(ii)(A)
and (B); and
(c)
concurrently with Subsection 
(2)(b)
(1)(b)
:
(i)
send notice of the annexation or boundary adjustment to each affected entity; and
(ii)
in accordance with Section 
53-2d-514
, file with the Bureau of Emergency 
Medical Services:
(A)
a certified copy of the ordinance approving the annexation of an 
unincorporated area or the adjustment of a boundary, if applicable; and
(B)
a copy of the approved final local entity plat.
(3)
(2)
If an annexation
 under this part
 or
 a
 boundary adjustment under 
this part
Part 9, 
Municipal Boundary Adjustments,
 also causes an automatic annexation to a special 
district under Section 
17B-1-416
 or an automatic withdrawal from a special district 
under Subsection 
17B-1-502
(2), the municipal legislative body shall, as soon as 
practicable after the lieutenant governor issues a certificate of annexation or boundary 
adjustment under Section 
67-1a-6.5
, send notice of the annexation or boundary 
adjustment to the special district to which the annexed area is automatically annexed or 
from which the annexed area is automatically withdrawn.
(4)
(3)
Each notice required under Subsection (1) relating to an annexation or boundary 
adjustment shall state the effective date of the annexation or boundary adjustment, as 
determined under Subsection 
(5)
(4)
.
(5)
(4)
An annexation
 under this part
 or 
a 
boundary adjustment under 
this part
Part 9, 
Municipal Boundary Adjustments,
 is completed and takes effect:
(a)
for the annexation of or boundary adjustment affecting an area located in a county of 
the first class, except for an annexation under Section 
10-2-418
10-2-812
:
(i)
July 1 following the lieutenant governor's issuance under Section 
67-1a-6.5
 of a 
certificate of annexation or boundary adjustment if:
(A)
the certificate is issued during the preceding November 1 through April 30; 
and
(B)
the requirements of Subsection 
(2)
(1)
 are met before that July 1; or
(ii)
January 1 following the lieutenant governor's issuance under Section 
67-1a-6.5
 of 
a certificate of annexation or boundary adjustment if:
(A)
the certificate is issued during the preceding May 1 through October 31; and
(B)
the requirements of Subsection 
(2)
(1)
 are met before that January 1; and
(b)
subject to Subsection 
(6)
(5)
, for all other annexations and boundary adjustments, 
the date of the lieutenant governor's issuance, under Section 
67-1a-6.5
, of a certificate 
of annexation or boundary adjustment.
(6)
(5)
(a)
As used in this Subsection (6):
(i)
"Affected area" means:
(A)
in the case of an annexation, the annexed area; and
(B)
in the case of a boundary adjustment, any area that, as a result of the 
boundary adjustment, is moved from within the boundary of one municipality 
to within the boundary of another municipality.
(ii)
"Annexing municipality" means:
(A)
in the case of an annexation, the municipality that annexes an unincorporated 
area or the municipality to which an unincorporated island is automatically 
annexed under Section 
10-2-429
; and
(B)
in the case of a boundary adjustment, a municipality whose boundary 
includes an affected area as a result of a boundary adjustment.
(b)
(a)
The effective date of an annexation or boundary adjustment for purposes of 
assessing property within an affected area is governed by Section 
59-2-305.5
.
(c)
(b)
Until the documents listed in Subsection 
(2)(b)(i)
(1)(b)(i)
 are recorded in the 
office of the recorder of each county in which the property is located, a municipality 
may not:
(i)
levy or collect a property tax on property within an affected area;
(ii)
levy or collect an assessment on property within an affected area; or
(iii)
charge or collect a fee for service provided to property within an affected area, 
unless the municipality was charging and collecting the fee within that area 
immediately before annexation.
Section 15, Section 
10-2-814
, which is renumbered from Section 10-2-429 is renumbered 
and amended to read:
10-2-429
10-2-814
 (Effective 05/07/25). Automatic annexations in county of the 
first class.
(1)
As used in this section:
(a)
"Most populous bordering municipality" means the municipality with the highest 
population of any municipality that shares a common border with an unincorporated 
island.
(b)
"Unincorporated island" means an area that is:
(i)
within a county of the first class;
(ii)
not within a municipality; and
(iii)
completely surrounded by land that is within one or more municipalities within 
the county of the first class.
(2)
(a)
Notwithstanding any other provision of this part, on July 1, 2027
,
 an 
unincorporated island is automatically annexed to:
(i)
the most populous bordering municipality, except as provided in Subsection 
(2)(a)(ii); or
(ii)
a municipality other than the most populous bordering municipality if:
(A)
the other municipality shares a common border with the unincorporated 
island; and
(B)
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.
(b)
The effective date of an annexation under Subsection (2)(a) is governed by Section 
10-2-425
10-2-813
.
Section 16, Section 
10-2-815
, which is renumbered from Section 10-2-422 is renumbered 
and amended to read:
10-2-422
10-2-815
 (Effective 05/07/25). Conclusive presumption of annexation.
An area annexed to a municipality under this part shall be conclusively presumed to 
have been validly annexed if:
(1)
the municipality has levied and the taxpayers within the area have paid property taxes 
for more than one year after annexation; and
(2)
no resident of the area has contested the annexation in a court of proper jurisdiction 
during the year following annexation.
Section 17, Section 
10-2-816
, which is renumbered from Section 10-2-420 is renumbered 
and amended to read:
10-2-420
10-2-816
 (Effective 05/07/25). Bonds not affected by annexations -- 
Payment of property taxes.
(1)
A boundary adjustment or 
An 
annexation under this part may not jeopardize or 
endanger any general obligation or revenue bond.
(2)
A bondholder may require the payment of property taxes from any area that:
(a)
was included in the taxable value of the municipality or other governmental entity 
issuing the bond at the time the bond was issued; and
(b)
is no longer within the boundaries of the municipality or other governmental entity 
issuing the bond due to 
the boundary adjustment or 
an 
annexation.
Section 18, Section 
10-2-817
, which is renumbered from Section 10-2-421 is renumbered 
and amended to read:
10-2-421
10-2-817
 (Effective 05/07/25). Electric utility service in annexed area 
-- Reimbursement for value of facilities -- Liability -- Arbitration.
(1)
As used in this section:
(a)
"Commission" means the Public Service Commission established in Section 
54-1-1
.
(b)
"Current replacement cost" means the cost the transferring party would incur to 
construct the facility at the time of transfer using the transferring party's:
(i)
standard estimating rates and standard construction methodologies for the facility; 
and
(ii)
standard estimating process.
(c)
"Depreciation" means an amount calculated:
(i)
based on:
(A)
the life and depreciation mortality curve most recently set for the type of 
facility in the depreciation rates set by the commission or other governing 
regulatory authority for the electrical corporation; or
(B)
a straight-line depreciation rate that represents the expended life if agreed to 
by the transferring and receiving parties; and
(ii)
to include the gross salvage value of the type of facility based on the latest 
depreciation life approved by the commission or other governing regulatory 
authority for the electrical corporation, with a floor at the gross salvage value of 
the asset and in no case less than zero.
(d)
"Electrical corporation" means:
(i)
an entity as defined in Section 
54-2-1
; or
(ii)
an improvement district system described in Subsection 
17B-2a-403(1)(a)(iv)
.
(e)
"Facility" means electric equipment or infrastructure used to serve an electric 
customer, above ground or underground, including:
(i)
a power line, transformer, switch gear, pole, wire, guy anchor, conductor, cable, or 
other related equipment; or
(ii)
a right-of-way, easement, or any other real property interest or legal right or 
interest used to operate and maintain the electric equipment or infrastructure.
(f)
"Facility transfer" means the transfer of a facility from a transferring party to a 
receiving party in accordance with Subsection 
(3)
.
(g)
"Lost or stranded facility" means a facility that is currently used by a transferring 
party that will no longer be used, whether in whole or in part, as a result of a facility 
transfer.
(h)
"Receiving party" means a municipality or electrical corporation to whom a facility 
is transferred.
(i)
"Transferring party" means a municipality or electrical corporation that transfers a 
facility.
(2)
(a)
If an electric customer in an area being annexed by a municipality receives 
electric service from an electrical corporation that is not an improvement district 
system described in Subsection 
17B-2a-403(1)(a)(iv)
, the municipality may not, 
without the agreement of the electrical corporation, furnish municipal electric service 
to any electric customer in the annexed area until the municipality has reimbursed the 
electrical corporation for the value of each facility used to serve any electric customer 
within the annexed area, including the value of any facility owned by a wholesale 
electric cooperative affiliated with the electrical corporation, dedicated to provide 
service to the annexed area.
(b)
If an electric customer in an area being annexed by a municipality receives electric 
service from an electrical corporation that is an improvement district system 
described in Subsection 
17B-2a-403(1)(a)(iv)
, the municipality may not, without the 
agreement of the electrical corporation, furnish municipal electric service to the 
electric customer until the municipality has reimbursed the electric corporation for 
the value of the facility used to serve the electric customer within the annexed area.
(3)
The following procedures 
shall
 apply if a municipality transfers a facility to an 
electrical corporation in accordance with Section 
10-8-14
 or if an electrical corporation 
transfers a facility to a municipality in accordance with Subsection 
(2)
, Section 
54-3-30
, 
or 
54-3-31
:
(a)
The 
the 
transferring party shall provide a written estimate of the transferring party's 
cost of preparing the inventory required in Subsection 
(3)(c)
 to the receiving party no 
later than 60 days after the date of notice from the receiving party
.
;
(b)
(i)
The 
the 
receiving party shall pay the estimated cost of preparing the inventory 
to the transferring party no later than 60 days after the day that the receiving party 
receives the written estimate
.
; or
(ii)
If 
if 
the actual cost of preparing the inventory differs from the estimated cost, 
the transferring party shall include the difference between the actual cost and the 
estimated cost in the reimbursement described in Subsection 
(5)
.
;
(c)
Except 
except 
as provided in Subsection 
(3)(f)
, the transferring party shall prepare, 
in accordance with Subsection 
(4)
, and deliver the inventory to the receiving party no 
later than 180 days after the day that the transferring party receives the payment 
specified in Subsection 
(3)(b)
.
;
(d)
(i)
At 
at 
any time, the parties may by agreement correct or update the inventory
.
; 
or
(ii)
If 
if 
the parties are unable to reach an agreement on an updated inventory, they 
shall:
(A)
proceed with the facility transfer and reimbursement based on the inventory as 
submitted in accordance with Subsection 
(3)(c)
; and
(B)
resolve their dispute as provided in Subsection 
(6)
.
;
(e)
Except 
except 
as provided in Subsection 
(3)(f)
, the parties shall complete each 
facility transfer and reimbursement contemplated by this Subsection 
(3)
 no later than 
180 days after the date that the transferring party delivers the inventory to the 
receiving party in accordance with Subsection 
(3)(c)
.
; and
(f)
The 
the 
periods specified in Subsections 
(3)(c)
 and 
(e)
 may be extended for up to an 
additional 90 days by agreement of the parties.
(4)
(a)
The inventory prepared by a transferring party in accordance with Subsection 
(3)(c)
 shall include an identification of each facility to be transferred and the amount 
of reimbursement as provided in Subsection 
(5)
.
(b)
The transferring party may not include in the inventory a facility that the transferring 
party removed from service for at least 36 consecutive months prior to the date of the 
inventory, unless the facility was taken out of service as a result of an action by the 
receiving party.
(5)
(a)
Unless otherwise agreed by the parties, the reimbursement for the transfer of each 
facility shall include:
(i)
the cost of preparing the inventory as provided in Subsection 
(3)(b)
;
(ii)
subject to Subsection 
(5)(b)(i)
, the value of each transferred facility calculated by 
the current replacement cost of the facility less depreciation based on facility age;
(iii)
the cost incurred by the transferring party for:
(A)
the physical separation of each facility from its system, including the cost of 
any facility constructed or installed that is necessary for the transferring party 
to continue to provide reliable electric service to its remaining customers;
(B)
administrative, engineering, and record keeping expenses incurred by the 
transferring party for the transfer of each facility to the receiving party, 
including any difference between the actual cost of preparing the inventory and 
the estimated cost of preparing the inventory; and
(C)
reimbursement for any tax consequences to the transferring party resulting 
from each facility transfer;
(iv)
the value of each lost or stranded facility of the transferring party based on the 
valuation formula described in Subsection 
(5)(a)(ii)
 or as otherwise agreed by the 
parties;
(v)
the diminished value of each transferring party facility that will not be transferred 
based on the percentage of the facility that will no longer be used as a result of the 
facility transfer; and
(vi)
the transferring party's book value of a right-of-way or easement transferred with 
each facility.
(b)
(i)
(A)
The receiving party may review the estimation of the current 
replacement costs of each facility, including the wage rates, material costs, 
overhead assumptions, and other pricing used to establish the estimation of the 
current replacement costs of the facility.
(B)
Prior to reviewing the estimation, the receiving party shall enter into a 
nondisclosure agreement acceptable to the transferring party.
(C)
The nondisclosure agreement shall restrict the use of the information provided 
by the transferring party solely for the purpose of reviewing the estimation of 
the current replacement cost and preserve the confidentiality of the information 
to prevent any effect on a competitive bid received by either party.
(ii)
(A)
If the age of a facility may be readily determined by the transferring party, 
the transferring party shall use that age to determine the facility's depreciation.
(B)
If the age of a facility cannot be readily determined, the transferring party 
shall estimate the age of the facility based on the average remaining life 
approved for the same type of facility in the most current depreciation rates set 
by the commission or other governing regulatory authority for the electrical 
corporation.
(c)
(i)
(A)
A transferring party that transfers a facility in accordance with this 
section shall, upon delivery of a document conveying title to the receiving 
party, transfer the facility without any express or implied warranties.
(B)
A receiving party that receives a facility in accordance with this section shall, 
upon receipt of a document conveying title, accept the facility in its existing 
condition and assume any and all liability, fault, risk, or potential loss arising 
from or related to the facility.
(ii)
Notwithstanding Subsection 
(5)(c)(i)
, if, within six months after the date that any 
oil filled equipment is transferred, the receiving party discovers that a transferred 
oil filled equipment contains polychlorinated biphenyl, the transferring party shall 
reimburse the receiving party for the cost of testing and disposal of that oil filled 
equipment.
(6)
(a)
If the parties cannot agree on each facility to be transferred or the respective 
reimbursement amount, the parties shall:
(i)
proceed with the facility transfer and the reimbursement based on the inventory as 
submitted by the transferring party in accordance with Subsection 
(3)(c)
 and in 
accordance with the schedule provided in Subsection 
(3)(e)
; and
(ii)
submit the dispute for mediation or arbitration.
(b)
The parties shall share equally in the costs of mediation or arbitration.
(c)
If the parties are unable to resolve the dispute through mediation or arbitration, either 
party may bring an action in the state court of jurisdiction.
(d)
The arbitrator, or state court if the parties cannot agree on arbitration, shall determine 
each facility to be transferred and the amount to be reimbursed in accordance with 
Subsection 
(5)
.
(e)
If the arbitrator or state court determines that:
(i)
a transferring party transferred a facility that should not have been transferred, the 
receiving party shall return the facility;
(ii)
a party did not transfer a facility that should have been transferred, the party that 
should have transferred the facility shall transfer the facility to the party to whom 
the facility should have been transferred;
(iii)
the amount reimbursed by the receiving party is insufficient, the receiving party 
shall pay the difference to the transferring party; or
(iv)
the amount reimbursed by the receiving party is more than the amount that 
should have been reimbursed, the transferring party shall pay the difference to the 
receiving party.
(7)
Unless otherwise agreed upon in writing by the parties:
(a)
a party shall transfer a facility to be transferred in accordance with Subsection 
(6)(e)
no later than 60 days after the day that the arbitrator or court issues a determination 
unless the parties mutually agree to a longer time to complete the transfer; and
(b)
a party shall:
(i)
pay an amount required to be paid in accordance with Subsection 
(6)(e)
 no later 
than 30 days after the day that the arbitrator or court issues a determination; and
(ii)
include interest in the payment at the overall rate of return on the rate base most 
recently authorized by the commission or other governing regulatory agency for 
the electrical corporation from the date the reimbursement was originally paid 
until the difference is paid.
(8)
(a)
Nothing in this section limits the availability of other damages under law arising 
by virtue of an agreement between the municipality and the electrical corporation.
(b)
Notwithstanding Subsection 
(8)(a)
, a party described in this section is not entitled to 
an award for:
(i)
damages that are indirect, incidental, punitive, exemplary, or consequential;
(ii)
lost profits; or
(iii)
other business interruption damages.
(9)
Nothing in this section or Section 
10-8-14
, 
54-3-30
, or 
54-3-31
 applies to a transfer of 
facilities from an electrical corporation to a municipality in accordance with a decision 
by a municipality that did not previously provide electric service and seeks to commence 
providing electric service to a customer currently served by an electrical corporation 
within the municipal boundary.
(10)
The provisions of this section apply to any annexation under this part.
Section 19, Section 
10-2-901
 is enacted to read:
9. Municipal Boundary Adjustments
10-2-901 (Effective 05/07/25). Definitions.
As used in this part:
(1)
"Affected area" means any area that, as a result of the boundary adjustment, is moved 
from within the boundary of one municipality to within the boundary of another 
municipality.
(2)
"Annexing municipality" means a municipality whose boundary includes an affected 
area as a result of a boundary adjustment.
(3)
"Municipal records officer" means the same as that term is defined in Section 
10-2-801
.
(4)
"Owner of real property" means the same as that term is defined in Section 
10-2-801
.
Section 20, Section 
10-2-902
 is enacted to read:
10-2-902 (Effective 05/07/25). Valuation of private real property -- Determining 
consent to petition or protest by owners of real property.
(1)
For purposes of implementing the provisions of this part, the value of private real 
property shall be determined according to the provisions of Section 
10-2-802
.
(2)
For purposes of implementing the provisions of this part requiring an owner of private 
real property to sign a petition or protest, determining the appropriate individual to sign 
the petition or protest shall be determined according to the provisions of Section 
10-2-802
.
Section 21, Section 
10-2-903
, which is renumbered from Section 10-2-419 is renumbered 
and amended to read:
10-2-419
10-2-903
 (Effective 05/07/25). Municipal boundary adjustment -- 
Notice and hearing -- Protest.
(1)
The legislative bodies of two or more municipalities having common boundaries may 
adjust 
their
the
 common boundaries as provided in this section.
(2)
The legislative body of each municipality intending to adjust a boundary that is 
common with another municipality shall:
(a)
adopt a resolution indicating the intent of the municipal legislative body to adjust a 
common boundary; and
(b)
hold a public hearing on the proposed adjustment no less than 60 days after the 
adoption of the resolution under Subsection 
(2)(a)
.
(3)
A legislative body described in Subsection 
(2)
 shall provide notice of a public hearing 
described in Subsection 
(2)(b)
:
(a)
for the municipality, as a class B notice under Section 
63G-30-102
, for at least three 
weeks before the day of the public hearing; and
(b)
if the proposed boundary adjustment may cause any part of real property owned by 
the state to be within the geographic boundary of a different local governmental 
entity than before the adjustment, by providing written notice, at least 50 days before 
the day of the public hearing, to:
(i)
the title holder of any state-owned real property described in this Subsection 
(3)(b)
; 
and
(ii)
the Utah State Developmental Center Board, created under Section 
26B-1-429
, if 
any state-owned real property described in this Subsection 
(3)(b)
 is associated 
with the Utah State Developmental Center.
(4)
The notice described in Subsection 
(3)
 shall:
(a)
state that the municipal legislative body has adopted a resolution indicating the 
municipal legislative body's intent to adjust a boundary that the municipality has in 
common with another municipality;
(b)
describe the area proposed to be adjusted;
(c)
state the date, time, and place of the public hearing described in Subsection 
(2)(b)
;
(d)
state in conspicuous and plain terms that the municipal legislative body will adjust 
the boundaries unless, at or before the public hearing described in Subsection 
(2)(b)
, 
a written protest to the adjustment is filed by:
(i)
an owner of private real property that:
(A)
is located within the area proposed for adjustment;
(B)
covers at least 25% of the total private land area within the area proposed for 
adjustment; and
(C)
is equal in value to at least 15% of the value of all private real property within 
the area proposed for adjustment; or
(ii)
a title holder of state-owned real property described in Subsection 
(3)(b)
;
(e)
state that the area that is the subject of the boundary adjustment will, because of the 
boundary adjustment, be automatically annexed to a special district providing fire 
protection, paramedic, and emergency services or a special district providing law 
enforcement service, as the case may be, as provided in Section 
17B-1-416
, if:
(i)
the municipality to which the area is being added because of the boundary 
adjustment is entirely within the boundaries of a special district:
(A)
that provides fire protection, paramedic, and emergency services or law 
enforcement service, respectively; and
(B)
in the creation of which an election was not required because of Subsection 
17B-1-214(3)(c)
; and
(ii)
the municipality from which the area is being taken because of the boundary 
adjustment is not within the boundaries of the special district; and
(f)
state that the area proposed for annexation to the municipality will be automatically 
withdrawn from a special district providing fire protection, paramedic, and 
emergency services, as provided in Subsection 
17B-1-502(2)
, if:
(i)
the municipality to which the area is being added because of the boundary 
adjustment is not within the boundaries of a special district:
(A)
that provides fire protection, paramedic, and emergency services; and
(B)
in the creation of which an election was not required because of Subsection 
17B-1-214(3)(c)
; and
(ii)
the municipality from which the area is being taken because of the boundary 
adjustment is entirely within the boundaries of the special district.
(5)
Upon conclusion of the public hearing described in Subsection 
(2)(b)
, the municipal 
legislative body may adopt an ordinance approving the adjustment of the common 
boundary unless, at or before the hearing described in Subsection 
(2)(b)
, a written 
protest to the adjustment is filed with the 
city recorder or town clerk
municipal records 
officer
 by a person described in Subsection 
(3)(b)(i)
 or 
(ii)
.
(6)
The municipal legislative body
 of an annexing municipality
 shall
, in regarding to an 
affected area,
 comply with the requirements of Section 
10-2-425
10-2-813
in regard to 
the filing of notice and plat and recording a boundary adjustment 
as if the boundary 
adjustment were an annexation.
(7)
(a)
An ordinance adopted under Subsection 
(5)
 becomes effective when each 
municipality involved in the boundary adjustment has adopted an ordinance under 
Subsection 
(5)
.
(b)
The effective date of a boundary adjustment under this section is governed by 
Section 
10-2-425
10-2-813
.
Section 22, Section 
10-2-904
 is enacted to read:
10-2-904 (Effective 05/07/25). Bonds not affected by municipal boundary 
adjustment -- Payment of property taxes.
(1)
A boundary adjustment under this part may not jeopardize or endanger any general 
obligation or revenue bond.
(2)
A bondholder may require the payment of property taxes from any area that:
(a)
was included in the taxable value of the municipality or other governmental entity 
issuing the bond at the time the bond was issued; and
(b)
is no longer within the boundaries of the municipality or other governmental entity 
issuing the bond due to a boundary adjustment.
Section 23, Section 
10-2-905
 is enacted to read:
10-2-905 (Effective 05/07/25). Municipal boundary adjustment effect on local 
districts and special service districts.
(1)
a local district under Title 17B, Limited Purpose Local Government Entities -- Special 
Districts; or
(2)
a special service district under Title 17D, Chapter 1, Special Service District Act.
Section 24, Section 
10-2a-103
 is amended to read:
10-2a-103 (Effective 05/07/25). Incorporation of a contiguous area -- 
Incorporation of a community council area -- Incorporation involving more than one 
county.
(1)
(a)
An unincorporated contiguous area of a county not within a municipality may 
incorporate as a municipality as provided in this chapter.
(b)
Two or more unincorporated islands, as defined in Section 
10-2-429
10-2-814
, that 
are not contiguous with each other may incorporate as a municipality, as provided in 
this chapter, if:
(i)
those unincorporated islands are part of a community council area; and
(ii)
a feasibility request for the proposed incorporation of the community council area 
is submitted under Section 
10-2a-202
 no later than May 1, 2025.
(2)
If a proposed incorporation relates to an area in more than one county:
(a)
the individual who files the feasibility request shall file the request with each county 
containing a portion of the area proposed for incorporation; and
(b)
the counties shall work together, in accordance with direction given by the lieutenant 
governor, to complete the actions required by this chapter.
Section 25, Section 
10-2a-107
 is amended to read:
10-2a-107 (Effective 05/07/25). Effect of incorporation of community council 
area.
(1)
As used in this section:
(a)
"Service area" means the area for which a service provider provided municipal 
services to an unincorporated island immediately before the incorporation of a 
community council municipality that includes the previously unincorporated island.
(b)
"Service provider" means a special district or other provider of municipal services 
that, before the incorporation of a community council municipality, provided service 
to the service area.
(c)
"Unincorporated island" means the same as that term is defined in Section 
10-2-429
10-2-814
.
(2)
An incorporation of a community council municipality does not affect the boundary of 
any service provider, subject to any future change in the boundary as provided by 
applicable law.
(3)
All roads and other utilities that before incorporation of a community council 
municipality were under the jurisdiction of the county in which the community council 
municipality is located become, upon incorporation, under the jurisdiction of the 
community council municipality.
Section 26, Section 
10-2a-201.5
 is amended to read:
10-2a-201.5 (Effective 05/07/25). Qualifications for incorporation.
(1)
(a)
An area may incorporate as a town in accordance with this part if the area:
(i)
(A)
is contiguous; or
(B)
is a community council area;
(ii)
has a population of at least 100 people, but fewer than 1,000 people; and
(iii)
is not already part of a municipality.
(b)
A preliminary municipality may transition to, and incorporate as, a town, in 
accordance with Section 
10-2a-510
.
(c)
An area may incorporate as a city in accordance with this part if the area:
(i)
(A)
is contiguous; or
(B)
is a community council area;
(ii)
has a population of 1,000 people or more; and
(iii)
is not already part of a municipality.
(2)
(a)
An area may not incorporate under this part if:
(i)
the area has a population of fewer than 100 people; or
(ii)
except as provided in Subsection (2)(b), the area has an average population 
density of fewer than seven people per square mile.
(b)
Subsection (2)(a)(ii) does not prohibit incorporation of an area if:
(i)
noncompliance with Subsection (2)(a)(ii) is necessary to connect separate areas 
that share a demonstrable community interest; and
(ii)
the area is contiguous.
(3)
An area incorporating under this part may not include land owned by the United States 
federal government unless:
(a)
the area, including the land owned by the United States federal government, is 
contiguous; and
(b)
(i)
incorporating the land is necessary to connect separate areas that share a 
demonstrable community interest; or
(ii)
excluding the land from the incorporating area would create an unincorporated 
island within the proposed municipality.
(4)
(a)
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 
10-2-403
10-2-806
 that:
(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
(ii)
is still pending on the date the request for the feasibility study described in 
Subsection (4)(a)(i) is filed.
(b)
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:
(i)
the proposed annexation area that is part of the area proposed for incorporation 
does not exceed 20% of the area proposed for incorporation;
(ii)
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
(iii)
excluding the area proposed for annexation from the area proposed for 
incorporation would not cause the area proposed for incorporation to not be 
contiguous.
(c)
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.
(5)
(a)
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.
(b)
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 27, Section 
10-2a-204.3
 is amended to read:
10-2a-204.3 (Effective 05/07/25). Notice to property owners -- First public 
hearing.
(1)
The 
lieutenant governor or the lieutenant governor, with the assistance of the relevant 
county clerk
,
 shall:
(a)
hold the first public hearing in relation to the proposed incorporation, at a location 
approved
in the county selected
 by the lieutenant governor, no later than 30 days 
after the day on which the lieutenant governor certifies the feasibility request under 
Subsection 
10-2a-204
(5);
(b)
publish notice of the hearing in accordance with Subsection 
10-2a-207
(7); and
(c)
within seven calendar days after the day on which the lieutenant governor certifies 
the feasibility request under Subsection 
10-2a-204
(5), mail written notice of the 
proposed incorporation and of the first public hearing described in this section to:
(i)
each residence within, and each owner of real property located within:
(A)
the proposed incorporation boundaries; and
(B)
300 feet of the proposed incorporation boundaries;
 and
(ii)
the contact sponsor
; and
.
(iii)
the lieutenant governor.
(2)
The written notice provided by the county clerk under Subsections (1)(b) and (c) shall 
include:
(a)
the following statement:
"NOTICE OF PROPOSED INCORPORATION AND FIRST PUBLIC HEARING
You have received this notice because you reside or own property within an area 
proposed for incorporation, or an area within 300 feet of an area proposed for incorporation. 
The first public hearing in relation to the proposed incorporation will be held on [insert date, 
time, and location]. The purpose of the first public hearing is to provide information regarding 
the proposed incorporation, the incorporation process, including the process for deciding 
whether to incorporate, and certain rights you may have in relation to the proposed 
incorporation. A specified landowner, as defined in Utah Code Section 
10-2a-204.5
, may, 
within 30 days after the day of the public hearing, request that the county clerk exclude all or 
part of the specified landowner's land from the area proposed for incorporation. A specified 
landowner may not request exclusion after the end of the 30-day period. Any owner of land 
within a county where the area proposed for incorporation is located may, within 30 days after 
the day of the public hearing, request that the county clerk include all or part of that land in the 
area proposed for incorporation. An owner of land may not request inclusion after the end of 
the 30-day period."; and
(b)
a clear description of the area proposed for incorporation.
(3)
Notwithstanding that the county conducts the first public hearing, the 
The 
lieutenant 
governor, or a designee of the lieutenant governor, shall:
(a)
direct the proceedings at the first public hearing, with the assistance of the county 
clerk as needed;
(b)
provide information regarding the proposed incorporation, the incorporation process, 
including the process for deciding whether to incorporate, and the rights citizens may 
have in relation to the proposed incorporation;
(c)
describe the process by which a specified landowner may request that the county 
clerk exclude all or part of the specified landowner's land from the area proposed for 
incorporation;
(d)
describe the process by which an owner of land described in Subsection 
10-2a-204.5
(2)(b) may request that the county clerk include all or part of that land in the area 
proposed for incorporation;
(e)
describe the criteria for granting a request for exclusion or inclusion of land; and
(f)
answer questions from individuals who attend the first public hearing.
(4)
The contact sponsor, or an agent of the contact sponsor, and the county clerk, or an 
employee of the county clerk designated by the county clerk, shall attend the first public 
hearing.
(5)
The county clerk shall:
(a)
provide the location and equipment for the public hearing, subject to approval by the 
lieutenant governor; and
(b)
ensure compliance with the requirements of Title 52, Chapter 4, Open and Public 
Meetings Act, in relation to the public hearing.
Section 28, Section 
10-2a-205
 is amended to read:
10-2a-205 (Effective 05/07/25). Feasibility study -- Feasibility study consultant -- 
Qualifications for proceeding with incorporation.
(1)
(a)
The lieutenant governor shall, within 10 days after the day on which the lieutenant 
governor certifies a feasibility request under Subsection 
10-2a-204
(5)(a):
(i)
estimate the cost of a feasibility study under this section; and
(ii)
provide the estimated cost to the feasibility request sponsors.
(b)
The feasibility request sponsors shall pay to the lieutenant governor the amount of 
the estimated cost under Subsection (1)(a) of a feasibility study conducted on or after 
May 1, 2024.
(c)
Within 90 days after the feasibility request sponsors pay the estimated feasibility 
study cost under Subsection (1)(a), the lieutenant governor shall, in accordance with 
Subsection (2), engage a feasibility consultant to conduct a feasibility study.
(2)
The lieutenant governor shall:
(a)
select a feasibility consultant in accordance with Title 63G, Chapter 6a, Utah 
Procurement Code;
(b)
ensure that the feasibility consultant:
(i)
has expertise in the processes and economics of local government; 
(ii)
is independent of and not affiliated with a sponsor of the feasibility request or the 
county in which the proposed municipality is located; and
(iii)
for a feasibility study for the proposed incorporation of a community council 
area, has expertise in the processes and economics of a municipal services district 
providing municipal services to an unincorporated island, as defined in Section 
10-2-429
10-2-814
; and
(c)
require the feasibility consultant to:
(i)
submit a draft of the feasibility study to each applicable person with whom the 
feasibility consultant is required to consult under Subsection (3)(c) within 90 days 
after the day on which the lieutenant governor engages the feasibility consultant to 
conduct the study;
(ii)
allow each person to whom the consultant provides a draft under Subsection 
(2)(c)(i) to review and provide comment on the draft;
(iii)
submit a completed feasibility study, including a one-page summary of the 
results, to the following within 120 days after the day on which the lieutenant 
governor engages the feasibility consultant to conduct the feasibility study:
(A)
the lieutenant governor;
(B)
the county legislative body of the county in which the incorporation is 
proposed;
(C)
the contact sponsor; and
(D)
each person to whom the consultant provided a draft under Subsection 
(2)(c)(i); and
(iv)
attend the public hearings described in Section 
10-2a-207
 to present the 
feasibility study results and respond to questions from the public.
(3)
(a)
The feasibility study shall include:
(i)
an analysis of the population and population density within the area proposed for 
incorporation and the surrounding area;
(ii)
the current and projected five-year demographics and tax base within the 
boundaries of the proposed municipality and surrounding area, including 
household size and income, commercial and industrial development, and public 
facilities;
(iii)
subject to Subsection (3)(b), the current and five-year projected cost of providing 
municipal services to the proposed municipality, including administrative costs;
(iv)
assuming the same tax categories and tax rates as currently imposed by the 
county and all other current service providers, the present and five-year projected 
revenue for the proposed municipality;
(v)
an analysis of the risks and opportunities that might affect the actual costs 
described in Subsection (3)(a)(iii) or revenues described in Subsection (3)(a)(iv) 
of the newly incorporated municipality;
(vi)
an analysis of new revenue sources that may be available to the newly 
incorporated municipality that are not available before the area incorporates, 
including an analysis of the amount of revenues the municipality might obtain 
from those revenue sources;
(vii)
the projected tax burden per household of any new taxes that may be levied 
within the proposed municipality within five years after incorporation;
(viii)
the fiscal impact of the municipality's incorporation on unincorporated areas, 
other municipalities, special districts, special service districts, and other 
governmental entities in the county; and
(ix)
if the county clerk excludes property from, or includes property in, the proposed 
municipality under Section 
10-2a-204.5
, an update to the map and legal 
description described in Subsection 
10-2a-202
(3)(c).
(b)
(i)
In calculating the projected costs under Subsection (3)(a)(iii), the feasibility 
consultant shall assume the proposed municipality will provide a level and quality 
of municipal services that fairly and reasonably approximate the level and quality 
of municipal services that are provided to the area of the proposed municipality at 
the time the feasibility consultant conducts the feasibility study.
(ii)
In calculating the current cost of a municipal service under Subsection (3)(a)(iii), 
the feasibility consultant shall consider:
(A)
the amount it would cost the proposed municipality to provide the municipal 
service for the first five years after the municipality's incorporation; and
(B)
the current municipal service provider's present and five-year projected cost of 
providing the municipal service.
(iii)
In calculating costs under Subsection (3)(a)(iii), the feasibility consultant shall 
account for inflation and anticipated growth.
(c)
In conducting the feasibility study, the feasibility consultant shall consult with the 
following before submitting a draft of the feasibility study under Subsection (2)(c)(i):
(i)
if the proposed municipality will include lands owned by the United States federal 
government, the entity within the United States federal government that has 
jurisdiction over the land;
(ii)
if the proposed municipality will include lands owned by the state, the entity 
within state government that has jurisdiction over the land;
(iii)
each entity that provides a municipal service to a portion of the proposed 
municipality; and
(iv)
each other special service district that provides services to a portion of the 
proposed municipality.
(4)
If the five-year projected revenues calculated under Subsection (3)(a)(iv) exceed the 
five-year projected costs calculated under Subsection (3)(a)(iii) by more than 5%, the 
feasibility consultant shall project and report the expected annual revenue surplus to the 
contact sponsor and the lieutenant governor.
(5)
(a)
Except as provided in Subsection (5)(b), if the results of the feasibility study, or a 
supplemental feasibility study described in Section 
10-2a-206
, show that the average 
annual amount of revenue calculated under Subsection (3)(a)(iv) does not exceed the 
average annual cost calculated under Subsection (3)(a)(iii) by more than 5%, the 
process to incorporate the area that is the subject of the feasibility study or 
supplemental feasibility study may not proceed.
(b)
The process to incorporate an area described in Subsection (5)(a) may proceed if a 
subsequent supplemental feasibility study conducted under Section 
10-2a-206
 for the 
proposed incorporation demonstrates compliance with Subsection (5)(a).
(6)
If the results of the feasibility study or revised feasibility study do not comply with 
Subsection (5), and if requested by the sponsors of the request, the feasibility consultant 
shall, as part of the feasibility study or revised feasibility study, make recommendations 
regarding how the boundaries of the proposed municipality may be altered to comply 
with Subsection (5).
(7)
The lieutenant governor shall post a copy of the feasibility study, and any supplemental 
feasibility study described in Section 
10-2a-206
, on the lieutenant governor's website 
and make a copy available for public review at the lieutenant governor's office.
Section 29, Section 
10-2a-205.5
 is amended to read:
10-2a-205.5 (Effective 05/07/25). Additional feasibility consultant considerations 
for proposed incorporation of community council area -- Additional feasibility study 
requirements.
(1)
As used in this section:
(a)
"Applicable community council" means the community council that represents the 
community council area that is proposed to be incorporated.
(b)
"Request sponsors" means the sponsors of a feasibility request relating to the 
proposed incorporation of a community council area.
(2)
Subsections 
10-2a-205
(3)(a) and (b) do not apply to a feasibility study for a proposed 
incorporation of a community council area.
(3)
A feasibility consultant conducting a feasibility study for a proposed incorporation of a 
community council area shall consider:
(a)
population and population density within the community council area;
(b)
current and five-year projections of demographics and economic base in the 
community council area, including household size and income, commercial and 
industrial development, and public facilities;
(c)
projected population growth in the community council area during the next five years;
(d)
subject to Subsection (4)(a), the present and five-year projections of the cost, 
including overhead, of providing the same or a similar service in the community 
council area as is provided by the municipal services district, including a comparison 
of:
(i)
the estimated cost if the municipal services district continues to provide service;
(ii)
the estimated cost if the community council municipality provides service directly 
or through a contract with another service provider; and
(iii)
the estimated cost if an unincorporated island within the community council area 
is annexed under Section 
10-2-429
10-2-814
 and the annexing municipality 
provides service;
(e)
subject to Subsection (4)(a), evaluating the present and five-year projections of the 
cost, including overhead, of a municipal services district providing municipal 
services to the community council area, comparing those costs assuming that the 
community council area is included in the service area of the municipal services 
district with those costs assuming that the community council area is excluded from 
the service area of the municipal services district;
(f)
a projection of any new taxes per household that may be levied within the community 
council municipality within five years after incorporation;
(g)
the fiscal impact that the community council area's incorporation will have on other 
municipalities and unincorporated areas served by the municipal services district, 
including any rate increase that may become necessary to maintain required coverage 
ratios for the municipal services district's debt if, after incorporation:
(i)
the municipal services district continues to provide service to the community 
council area; or
(ii)
the community council area provides service directly or through contract with 
another service provider;
(h)
the physical and other assets that will be required by the municipal services district 
to provide, without interruption or diminution of service, the same or a similar 
service to the community council municipality upon incorporation;
(i)
the physical and other assets that will no longer be required by the municipal services 
district to continue to provide the current level of service to the remainder of the 
service area without the community council area if the community council area 
incorporates and provides services directly or through contract with another service 
provider;
(j)
the number and classification of municipal services district employees who will no 
longer be required to serve the remaining portions of the service area if a community 
council area provides service directly or through contract with another service 
provider upon incorporation, including the dollar amount of the wages, salaries, and 
benefits attributable to the employees and the estimated cost associated with 
termination of the employees if the community council municipality does not employ 
the employees;
(k)
if the community council municipality will provide service directly or through 
another service provider, the effects of maintaining as a base, for a period of three 
years, the existing schedule of pay and benefits for municipal services district 
employees who may be transferred to the employment of the community council 
municipality or to another service provider with which the community council 
municipality contracts for service; and
(l)
any other factor that the feasibility consultant considers relevant to the cost of 
providing municipal services as a result of a community council area's incorporation 
or the annexation of one or more unincorporated islands under Section 
10-2-429
10-2-814
.
(4)
(a)
For purposes of Subsections (3)(d) and (e):
(i)
the feasibility consultant shall assume a level and quality of service to be provided 
in the future to the community council municipality that fairly and reasonably 
approximates the level and quality of service that the municipal services district 
provides to the community council area at the time of the feasibility study;
(ii)
in determining the present-value cost of a service that the municipal services 
district provides, the feasibility consultant shall consider:
(A)
the cost to the community council municipality of providing the service for 
the first five years after incorporation;
(B)
the municipal services district's present and five-year projected cost of 
providing the same service to the community council area;
(C)
the present and five-year projected cost of providing the same or a similar 
service to the community council area if service is provided by a municipality 
to which one or more unincorporated islands are annexed under Section 
10-2-429
10-2-814
;
(D)
evaluate and detail the expected cost savings and qualitative benefits that 
result from a service provider other than the proposed municipality providing 
some municipal services;
(E)
incorporate into the overall cost projection for the proposed municipality the 
potential for municipal services to be provided by a service provider other than 
the proposed municipality; and
(F)
evaluate and detail projected costs for municipal services based on the 
proposed municipality providing municipal services as compared to service 
providers other than the proposed municipality providing municipal services 
funded by those other service providers; and
(iii)
the feasibility consultant shall consider inflation and anticipated population 
growth in calculating the cost of providing service.
(b)
A feasibility consultant may not consider an allocation of municipal services district 
assets or a transfer of municipal services district employees to the extent that the 
allocation or transfer would impair the municipal services district's ability to continue 
to provide the current level of service to the remainder of the municipal services 
district's service area without the community council area, unless the municipal 
services district consents to the allocation or transfer.
(5)
(a)
A feasibility consultant shall prepare a written report of the results of the 
feasibility study.
(b)
A report under Subsection (5)(a) shall:
(i)
contain a recommendation as to whether the proposed incorporation of the 
community council area is functionally and financially feasible for the community 
council area;
(ii)
include any conditions the feasibility consultant determines are required to be 
satisfied to make the incorporation functionally and financially feasible; and
(iii)
compare the costs of incorporation to the costs of the unincorporated islands 
within the community council area being annexed under Section 
10-2-429
10-2-814
.
(c)
(i)
Before finalizing a written report under this Subsection (5), the feasibility 
consultant shall provide a copy of a draft feasibility study report to the request 
sponsors and the county for their review and comments.
(ii)
Based on comments provided under Subsection (5)(c)(i), a feasibility consultant 
may adjust the draft feasibility study report before finalizing the report.
(6)
Upon completion of the feasibility study and preparation of a written report, the 
feasibility consultant shall deliver a copy of the report to:
(a)
the applicable community council;
(b)
the request sponsors;
(c)
the municipal services district that provides service to the community council area;
(d)
the county in which the community council area is located; and
(e)
each municipality that borders any part of the community council area.
(7)
(a)
(i)
If the request sponsors or the county in which the community council area is 
located disagrees with any aspect of a feasibility study report or, if applicable, a 
feasibility study report modified under Subsection (7)(c), the request sponsors or 
county may, within 20 business days after receiving a copy of the report under 
Subsection (6) or a copy of a modified feasibility study report under Subsection 
(7)(c)(ii), submit to the feasibility consultant a written objection detailing the 
disagreement.
(ii)
Request sponsors who submit a written objection under Subsection (7)(a)(i) shall 
simultaneously deliver a copy of the objection to the county.
(iii)
A county that submits a written objection under Subsection (7)(a)(i) shall 
simultaneously deliver a copy of the objection to the request sponsors.
(b)
(i)
The request sponsors or a county may, within 10 business days after receiving 
an objection under Subsection (7)(a)(i), submit to the feasibility consultant a 
written response to the objection.
(ii)
The request sponsors who submit a response under Subsection (7)(b)(i) shall 
simultaneously deliver a copy of the response to the county.
(iii)
A county that submits a response under Subsection (7)(b)(i) shall simultaneously 
deliver a copy of the response to the request sponsors.
(c)
If an objection is filed under Subsection (7)(a)(i), the feasibility consultant shall, 
within 20 business days after the expiration of the deadline under Subsection (7)(b)(i) 
for submitting a response to an objection:
(i)
(A)
modify the feasibility study report; or
(B)
explain in writing why the feasibility consultant is not modifying the 
feasibility study report; and
(ii)
deliver the modified feasibility study report or written explanation to:
(A)
the request sponsors;
(B)
the municipal services district that provides service to the community council 
area;
(C)
the county in which the community council area is located; and
(D)
each municipality that borders any part of the community council area.
(d)
Within seven days after the expiration of the deadline under Subsection (7)(a)(i) for 
submitting an objection or, if an objection is submitted, within seven days after 
receiving a modified feasibility study report or written explanation under Subsection 
(7)(c), but at least 30 days before a public hearing under Subsection (9), the 
applicable community council shall:
(i)
make a copy of the report available to the public at the primary office of the 
applicable community council; and
(ii)
post a copy of the report on the website of the applicable community council, if 
the applicable community council has a website.
(8)
(a)
A feasibility study report or, if a feasibility study report is modified under 
Subsection (7), a modified feasibility study report may not be challenged unless the 
basis of the challenge is that the report results from collusion or fraud.
(b)
Subsection (8)(a) does not apply to an objection to a feasibility study report or a 
modified feasibility study report under Subsection (7).
(9)
(a)
Following the expiration of the deadline under Subsection (7)(a)(i) for submitting 
an objection, or, if an objection is submitted under Subsection (7)(a)(i), following the 
applicable community council's receipt of the modified feasibility study report or 
written explanation under Subsection (7)(c), the applicable community council shall, 
at the applicable community council's next regular meeting, schedule at least one 
public hearing to be held:
(i)
within the following 60 days; and
(ii)
for the purpose of allowing:
(A)
the feasibility consultant to present the results of the feasibility study; and
(B)
the public to become informed about the feasibility study results, to ask the 
feasibility consultant questions about the feasibility study, and to express the 
public's views about the proposed incorporation of the community council area.
(b)
At a public hearing under Subsection (9)(a), the applicable community council shall:
(i)
provide a copy of the feasibility study for public review; and
(ii)
allow the public to:
(A)
ask the feasibility consultant questions about the feasibility study; and
(B)
express the public's views about the advantages and disadvantages of the 
proposed incorporation as compared to a potential annexation under Section 
10-2-429
10-2-814
.
(c)
(i)
The applicable community council shall publish notice of a hearing under 
Subsection (9)(a), as a class A notice under Section 
63G-30-102
, for three 
consecutive weeks immediately before the public hearing.
(ii)
A notice under Subsection (9)(c)(i) shall state:
(A)
the date, time, and location of the public hearing; and
(B)
that a copy of the feasibility study report may be obtained, free of charge, at 
the office of the applicable community council or, if applicable, on the 
applicable community council's website.
(10)
A community council area may not incorporate if the feasibility study concludes that 
incorporation of the community council area is not functionally and financially feasible.
(11)
Notwithstanding any other provision of this part:
(a)
the lieutenant governor shall pay the fees and costs of a feasibility consultant using 
funds from the Municipal Incorporation Expendable Special Revenue Fund under 
Section 
10-2a-220
; and
(b)
if the community council area incorporates as a municipality, the newly incorporated 
municipality shall pay incorporation costs to the lieutenant governor and county as 
provided in Section 
10-2a-220
.
(12)
Unless the request sponsors and county agree otherwise, conditions that a feasibility 
study report indicates are necessary to be met for the incorporation of the community 
council area to be functionally and financially feasible for the proposed community 
council municipality are binding on the community council municipality and county if 
the incorporation occurs.
Section 30, Section 
10-2a-207
 is amended to read:
10-2a-207 (Effective 05/07/25). Additional public hearings on feasibility study 
results -- Notice of hearings.
(1)
As used in this section, "specified landowner" means the same as that term is defined in 
Section 
10-2a-204.5
.
(2)
(a)
If the results of the feasibility study or supplemental feasibility study comply with 
Subsection 
10-2a-205(5)(a)
, the 
county clerk
lieutenant governor or the lieutenant 
governor's designee
 shall, after receipt of the results of the feasibility study or 
supplemental feasibility study, conduct additional public hearings in accordance with 
this section.
(b)
The county clerk shall assist the lieutenant governor or lieutenant governor's 
designee in fulfilling the requirements of Subsection (2)(a).
(3)
(a)
If an area proposed for incorporation is approved for annexation after the 
feasibility study or supplemental feasibility study is conducted but before the county 
clerk conducts the second public hearing under Subsection 
(4)
, the county clerk may 
not conduct the second public hearing under Subsection 
(4)
 unless:
(i)
the sponsors of the feasibility study file a modified feasibility request in 
accordance with Section 
10-2a-206
; and
(ii)
the results of the supplemental feasibility study comply with Subsection 
10-2a-205(5)(a)
.
(b)
For purposes of Subsection 
(3)(a)
, an area is approved for annexation if a municipal 
legislative body:
(i)
approves an annexation petition proposing the annexation of an area that is part of 
the area proposed for incorporation under Section 
10-2-407
 or 
10-2-408
10-2-810
or 
10-2-811
; or
(ii)
adopts an ordinance approving the annexation of an area that is part of the area 
proposed for incorporation under Section 
10-2-418
10-2-812
.
(4)
The county clerk shall conduct the second public hearing:
(a)
within 60 days after the day on which the county clerk receives the results under 
Subsection 
(2)
 or 
(3)(a)(ii)
;
(b)
at a location approved by the lieutenant governor within or near the proposed 
municipality; and
(c)
to allow the feasibility consultant to present the results of the feasibility study and 
inform the public about the results.
(5)
The county clerk shall:
(a)
conduct an additional public hearing following each occasion when, after the day of 
the second public hearing, the county clerk receives the results of a supplemental 
feasibility study that comply with Subsection 
10-2a-205(5)
; and
(b)
hold the public hearing described in Subsection 
(5)(a)
:
(i)
within 30 days after the day on which the county clerk receives the results of the 
supplemental feasibility study;
(ii)
at a location approved by the lieutenant governor within or near the proposed 
municipality;
(iii)
to inform the public that the feasibility presented to the public at the preceding 
public hearing does not apply; and
(iv)
to allow the feasibility consultant to present the results of the supplemental 
feasibility study and inform the public about the results.
(6)
At each public hearing required under this section, the county clerk shall:
(a)
provide a map or plat of the boundary of the proposed municipality;
(b)
provide a copy of the applicable feasibility study for public review;
(c)
allow members of the public to express views about the proposed incorporation, 
including views about the proposed boundaries; and
(d)
allow the public to ask the feasibility consultant questions about the applicable 
feasibility study.
(7)
The county clerk shall publish notice of each public hearing required under this section, 
and Section 
10-2a-204.3
, for the proposed municipality, as a class B notice under 
Section 
63G-30-102
, for at least three weeks before the day of the public hearing.
(8)
(a)
Except as provided in Subsection 
(8)(b)
, for a hearing described in this section, 
the notice described in Subsection 
(7)
 shall:
(i)
include the feasibility study summary described in Subsection 
10-2a-205(2)(c)(iii)
; 
and
(ii)
indicate that a full copy of the feasibility study is available on the county's 
website and for inspection at the county clerk's office.
(b)
Instead of publishing the feasibility summary under Subsection 
(8)(a)(i)
, the county 
clerk may publish a statement that specifies the following sources where a resident 
within, or the owner of real property located within, the proposed municipality, may 
view or obtain a copy of the feasibility study:
(i)
the lieutenant governor's website;
(ii)
the county's website;
(iii)
the physical address of the county clerk's office; and
(iv)
a mailing address and telephone number.
Section 31, Section 
10-2a-210
 is amended to read:
10-2a-210 (Effective 05/07/25). Incorporation election -- Notice of election -- 
Voter information pamphlet.
(1)
(a)
If the county clerk certifies a petition for incorporation under Subsection 
10-2a-209
(1)(b), the lieutenant governor shall schedule an incorporation election for 
the proposed municipality described in the petition for incorporation to be held on the 
date of the next regular general election described in Section 
20A-1-201
, or the next 
municipal general election described in Section 
20A-1-202
, that is at least 65 days 
after the day on which the county clerk certifies the petition for incorporation.
(b)
(i)
The lieutenant governor shall direct the county legislative body of the county in 
which the proposed municipality is located to hold the election on the date that the 
lieutenant governor schedules under Subsection (1)(a).
(ii)
The county legislative body shall hold the election as directed by the lieutenant 
governor under Subsection (1)(b)(i).
(2)
The county clerk shall provide notice of the election for the area proposed to be 
incorporated, as a class B notice under Section 
63G-30-102
, for at least three weeks 
before the day of the election.
(3)
(a)
The notice described in Subsection (2) shall include:
(i)
a statement of the contents of the petition for incorporation;
(ii)
a description of the area proposed to be incorporated as a municipality;
(iii)
a statement of the date and time of the election and the location of polling places; 
and
(iv)
except as provided in Subsection (3)(b), the feasibility study summary described 
in Subsection 
10-2a-205
(2)(c)(iii) and a statement that a full copy of the study is 
available on the county's website and for inspection at the county offices.
(b)
Instead of including the feasibility summary under Subsection (3)(a)(iv), the notice 
may include a statement that specifies the following sources where a registered voter 
in the area proposed to be incorporated may view or obtain a copy of the feasibility 
study:
(i)
the county's website;
(ii)
the physical address of the county clerk office; and
(iii)
a mailing address and telephone number.
(4)
(a)
In addition to the notice described in Subsection (2), the county clerk shall publish 
and distribute, before the incorporation election is held, a voter information pamphlet:
(i)
in accordance with the procedures and requirements of Section 
20A-7-402
;
(ii)
in consultation with the lieutenant governor; and
(iii)
in a manner that the county clerk determines is adequate, subject to Subsections 
(4)(a)(i) and (ii).
(b)
The voter information pamphlet described in Subsection (4)(a):
(i)
shall inform the public of the proposed incorporation; and
(ii)
may include written statements, printed in the same font style and point size, from 
proponents and opponents of the proposed incorporation.
(5)
An individual may not vote in an incorporation election under this section unless the 
individual is a registered voter who is a resident, as defined in Section 
20A-1-102
, 
within the boundaries of the proposed municipality.
(6)
(a)
Subject to Subsection (6)(b), if a majority of those who vote in an incorporation 
election held under this section cast votes in favor of incorporation, the area shall 
incorporate.
(b)
(i)
As used in this Subsection (6)(b):
(A)
"Approving separate area" means a separate area in which a majority of those 
voting in an incorporation election for the incorporation of a community 
council area vote in favor of incorporation.
(B)
"Separate area" means an unincorporated island, as defined in Section 
10-2-429
10-2-814
, that is within a community council area.
(ii)
If a majority of those within a separate area voting in an incorporation election for 
the incorporation of a community council area vote against incorporation, that 
separate area is excluded from the incorporation.
(iii)
Approving separate areas are incorporated as a municipality if the combined total 
population within all approving separate areas is at least 80% of the population 
within the community council area.
Section 32, Section 
10-2a-501
 is amended to read:
10-2a-501 (Effective 05/07/25) (Repealed 01/01/31). Definitions.
As used in this part:
(1)
"Affordable housing" means housing occupied or reserved for occupancy by households 
with a gross household income equal to or less than 80% of the median gross income of 
the applicable municipal or county statistical area for households of the same size.
(2)
"Board," in relation to a preliminary municipality, means the same as a council 
described in Section 
10-3b-402
.
(3)
"Board chair," in relation to a preliminary municipality, means the same as a mayor 
described in Section 
10-3b-402
.
(4)
"Contiguous" means the same as that term is defined in Section 
10-2a-102
.
(5)
"Feasibility consultant" means a person or firm:
(a)
with expertise in the processes and economics of local government; and
(b)
who is independent of, and not affiliated with, a county or a sponsor of a petition to 
incorporate a preliminary municipality under this part.
(6)
"Feasibility request" means a request, described in Section 
10-2a-502
, for a feasibility 
study for the proposed incorporation of a preliminary municipality.
(7)
"Initial landowners" means the persons who owned the land within the proposed 
preliminary municipality area when the person filed the feasibility request under Section 
20A-1-501
.
(8)
"Municipal service" means the same as that term is defined in Section 
10-2a-102
.
(9)
"Pending annexation area" means an area proposed for annexation in an annexation 
petition described in Section 
10-2-403
10-2-806
 that is filed before, and is still pending 
when, a person files the applicable request for a feasibility study under Section 
10-2a-502
.
(10)
"Primary sponsor contact" means:
(a)
in relation to a feasibility request:
(i)
the individual designated as the primary sponsor contact for a feasibility request 
under Subsection 
10-2a-502
(5)(c); or
(ii)
an individual designated, in writing, by the initial landowners if a replacement 
primary sponsor contact is needed; or
(b)
in relation to a petition for incorporation of a preliminary municipality:
(i)
the individual designated as the primary sponsor contact for a petition for 
incorporation of a preliminary municipality under Subsection 
10-2a-507
(1)(d); or
(ii)
an individual designated, in writing, by the initial landowners if a replacement 
primary sponsor contact is needed.
(11)
"Private," in relation to real property, means taxable real property.
(12)
"Proposed preliminary municipality area" means the area proposed for incorporation as 
a preliminary municipality in a feasibility request.
(13)
"System infrastructure" means, as shown on the map or plat described in Subsection 
10-2a-502
(5)(e) for the proposed preliminary municipal area:
(a)
the main thoroughfares within the proposed preliminary municipal area, including 
the roads that connect the proposed preliminary municipality area to an existing road 
outside the proposed preliminary municipality area; and
(b)
the main lines that will connect a utility to the proposed preliminary municipality 
area, including the stubs that will connect the main lines to the development in the 
proposed preliminary municipality area.
Section 33, Section 
10-2a-506
 is amended to read:
10-2a-506 (Effective 05/07/25) (Repealed 01/01/31). Public hearings on feasibility 
study results -- Notice of hearings.
(1)
If the results of the feasibility study or supplemental feasibility study comply with 
Subsection 
10-2a-504
(4), the lieutenant governor shall, after receipt of the results of the 
feasibility study or supplemental feasibility study, conduct public hearings in accordance 
with this section.
(2)
(a)
If a portion of the proposed preliminary municipality area is approved for 
annexation after the feasibility study or supplemental feasibility study is conducted 
but before the lieutenant governor conducts a public hearing under Subsection (4), 
the lieutenant governor may not conduct the public hearing under Subsection (4) 
unless:
(i)
the sponsors of the feasibility study file a modified feasibility request in 
accordance with Section 
10-2a-505
; and
(ii)
the results of the supplemental feasibility study comply with Subsection 
10-2a-504
(4).
(b)
For purposes of Subsection (2)(a), an area is approved for annexation if a municipal 
legislative body:
(i)
approves an annexation petition proposing the annexation of an area that is part of 
the proposed preliminary municipality area under Section 
10-2-407
 or 
10-2-408
10-2-810
 or 
10-2-811
; or
(ii)
adopts an ordinance approving the annexation of an area that is part of the 
proposed preliminary municipality area under Section 
10-2-418
10-2-812
.
(3)
The lieutenant governor shall conduct a public hearing:
(a)
within 60 days after the day on which the lieutenant governor receives the results 
under Subsection (1) or (2)(a)(ii);
(b)
at a location within or near the proposed preliminary municipality; and
(c)
to allow the feasibility consultant to present the results of the feasibility study and 
inform the public about the results.
(4)
The lieutenant governor shall:
(a)
conduct an additional public hearing following each occasion when, after the day of 
the initial public hearing, the lieutenant governor receives the results of a 
supplemental feasibility study that comply with Subsection 
10-2a-504
(4); and
(b)
hold the public hearing described in Subsection (4)(a):
(i)
within 30 days after the day on which the lieutenant governor receives the results 
of the supplemental feasibility study;
(ii)
at a location within or near the proposed preliminary municipality;
(iii)
to inform the public that the feasibility presented to the public at the preceding 
public hearing does not apply; and
(iv)
to allow the feasibility consultant to present the results of the supplemental 
feasibility study and inform the public about the results.
(5)
At each public hearing required under this section, the lieutenant governor shall:
(a)
provide a map or plat of the boundary of the proposed preliminary municipality;
(b)
provide a copy of the applicable feasibility study for public review;
(c)
allow members of the public to express views about the proposed preliminary 
municipality, including views about the proposed boundaries; and
(d)
allow the public to ask the feasibility consultant questions about the applicable 
feasibility study.
(6)
The lieutenant governor shall publish notice of each public hearing required under this 
section for the proposed preliminary municipality area, as a class B notice under Section 
63G-30-102
, for at least three weeks before the day of the public hearing.
(7)
(a)
Except as provided in Subsection (7)(b), for a hearing described in this section, 
the notice described in Subsection 
(7)
(6)
 shall:
(i)
include the feasibility study summary described in Subsection 
10-2a-504
(2)(c)(iii); and
(ii)
indicate that a full copy of the feasibility study is available on the lieutenant 
governor's website and for inspection at the lieutenant governor's office.
(b)
Instead of publishing the feasibility summary under Subsection (7)(a)(i), the 
lieutenant governor may publish a statement that specifies the following sources 
where a person may view or obtain a copy of the feasibility study:
(i)
the lieutenant governor's website;
(ii)
the lieutenant governor's office; and
(iii)
a mailing address and telephone number.
Section 34, Section 
10-6-160
 is amended to read:
10-6-160 (Effective 05/07/25). Fees collected for construction approval -- 
Approval of plans.
(1)
As used in this section:
(a)
"Automated review" means a computerized process used to conduct a plan review, 
including through the use of software and algorithms to assess compliance with an 
applicable building code, regulation, or ordinance to ensure that a plan meets all 
required criteria for approval and building permit.
(b)
"Business day" means 
a day other than Saturday, Sunday, or a legal holiday
the 
same as that term is defined in Section 
10-9a-541
.
(b)
(c)
"Construction project" means
:
(i)
the same as that term is defined in Section 
38-1a-102
.
; or
(ii)
any work requiring a permit for construction of or on a one- or two-family 
dwelling, a townhome, or other residential structure built under the International 
Building Code, as amended.
(c)
(d)
"Lodging establishment" means a place providing temporary sleeping 
accommodations to the public, including any of the following:
(i)
a bed and breakfast establishment;
(ii)
a boarding house;
(iii)
a dormitory;
(iv)
a hotel;
(v)
an inn;
(vi)
a lodging house;
(vii)
a motel;
(viii)
a resort; or
(ix)
a rooming house.
(d)
"Planning review" means a review to verify that a city has approved the following 
elements of a construction project:
(i)
zoning;
(ii)
lot sizes;
(iii)
setbacks;
(iv)
easements;
(v)
curb and gutter elevations;
(vi)
grades and slopes;
(vii)
utilities;
(viii)
street names;
(ix)
defensible space provisions and elevations, if required by the Utah Wildland 
Urban Interface Code adopted under Section 
15A-2-103
; and
(x)
subdivision.
(e)
(i)
"Plan review" means all of the reviews and approvals of a plan that a city
, 
including all relevant divisions or departments within a city,
 requires to obtain a 
building permit from the city with a scope that may not exceed a review to verify:
(A)
that the construction project complies with the provisions of the State 
Construction Code under Title 15A, State Construction and Fire Codes Act;
(B)
that the construction project complies with the energy code adopted under 
Section 
15A-2-103
;
(C)
that the construction project received a planning review;
(D)
that the applicant paid any required fees;
(E)
that the applicant obtained final approvals from any other required reviewing 
agencies;
(F)
that the construction project complies with federal, state, and local storm 
water protection laws;
(G)
(F)
that the construction project received a structural review;
(H)
(G)
the total square footage for each building level of finished, garage, and 
unfinished space; and
(I)
(H)
that the plans include a printed statement indicating that
, before 
disturbance of land and during
 the actual construction
, the applicant
 will 
comply with applicable
 federal, state, and
 local
 laws and ordinances, including 
any storm water protection laws and ordinances
ordinances and the state 
construction codes
.
(ii)
"Plan review" does not mean a review of a document:
(A)
required to be re-submitted for a construction project other than a construction 
project for a one
-
 to two
-
family dwelling or townhome if additional 
modifications or substantive changes are identified by the plan review;
(B)
submitted as part of a deferred submittal when requested by the applicant and 
approved by the building official; 
or
(C)
that, due to the document's technical nature or on the request of the applicant, 
is reviewed by a third party
; or
(D)
identified as a storm water permit
.
(f)
(i)
"Screening period" means, except as provided in Subsection 
(1)(f)(ii)
, the three 
business days following the day on which an applicant submits an application.
(ii)
"Screening period" means the three business days following the day on which an 
applicant submits an application and, if applicable, the additional time granted in 
writing by a city to an applicant to complete an application.
(g)
"State Construction Code" means the same as that term is defined in Section 
15A-1-102
.
(g)
(h)
"State Fire Code" means the same as that term is defined in Section 
15A-1-102
.
(i)
"Storm water permit" means the same as that term is defined in Section 
19-5-108.5
.
(h)
(j)
"Structural review" means:
(i)
a review that verifies that a construction project complies with the following:
(A)
footing size and bar placement;
(B)
foundation thickness and bar placement;
(C)
beam and header sizes;
(D)
nailing patterns;
(E)
bearing points;
(F)
structural member size and span; and
(G)
sheathing; or
(ii)
if the review exceeds the scope of the review described in Subsection 
(1)(h)(i)
(1)(j)(i)
, a review that a licensed engineer conducts.
(i)
(k)
"Technical nature" means a characteristic that places an item outside the training 
and expertise of an individual who regularly performs plan reviews.
(2)
(a)
If a city collects a fee for the inspection of a construction project, the city shall 
ensure that the construction project receives a prompt inspection as described in 
Subsection (2)(b).
(b)
If a city cannot provide a building inspection within three business days after the day 
on which the city receives the request for the inspection, the building permit 
applicant may engage a third-party inspection firm from the third-party inspection 
firm list described in Section 
15A-1-105
.
(c)
Notwithstanding Subsection (2)(b), if an applicant requests that an inspection take 
place on a date that is more than three days from the day on which the applicant 
requests the inspection, the city shall conduct the inspection on the date requested.
(d)
If an inspector identifies one or more violations of the State Construction Code or 
State Fire Code during an inspection, the inspector shall give the permit holder 
written notification that:
(i)
identifies each violation;
(ii)
upon request by the permit holder, includes a reference to each applicable 
provision of the State Construction Code or State Fire Code; and
(iii)
is delivered:
(A)
in hardcopy or by electronic means; and
(B)
the day on which the inspection occurs.
(3)
(a)
(i)
A city that receives an application for a plan review shall determine if the 
application is complete, as described in Subsection 
(11)
, within the screening 
period.
(ii)
If the city determines an application for a plan review is complete, as described in 
Subsection (11), within the screening period, including any additional time 
granted in writing under Subsection 
(3)(b)
(ii), the city shall:
(A)
notify the applicant that the application is complete; and
(B)
begin the plan review process described in Subsection 
(4)
.
(b)
If the city determines that an application for a plan review is not complete under 
Subsection 
(3)(a)
, the city:
(i)
shall notify the applicant of the determination and the basis for the determination 
by no later than 5pm on the last day of the screening period;
(ii)
may, before 5pm on the last day of the screening period, pause the screening 
period by granting the applicant, in writing, additional time to ensure the 
application complies with the requirements of Subsection 
(11)
; and
(iii)
is not required to take further action on the application following the end of the 
original screening period, or following the end of any additional time granted 
under Subsection 
(3)(b)(ii)
, until the application is resubmitted to the city.
(c)
The screening period for an application that is resubmitted after a city determined the 
first application was incomplete triggers a new screening period in which a city shall 
review an application to determine if it is complete, as described in Subsection 
(11)
.
(d)
If the city determines an application is not complete, as described in Subsection 
(11)
, 
but fails to notify the applicant as described in Subsection 
(3)(b)(i)
 or timely pause 
the screening period as described in Subsection 
(3)(b)(ii)
, the city:
(i)
shall immediately notify the applicant that the city has determined the application 
is not complete and the basis for the determination;
(ii)
may not approve the application until it is complete, in compliance with 
Subsection 
(9)
;
(iii)
may not, except as provided in Subsection 
(3)(d)(iv)
, toll or extend the relevant 
time period described in Subsection 
(4)
 to complete a plan review; and
(iv)
may, if within five days of the day on which the relevant time period to complete 
plan review in Subsection 
(4)
:
(A)
toll the plan review time period until the application is complete, as described 
in Subsection 
(11)
; and
(B)
upon determining that the application is complete, restart the relevant plan 
review time period described in Subsection 
(4)
. 
(3)
(4)
(a)
A
Except as provided in Subsection 
(4)(c)
, once a city determines an 
application for plan review is complete, the
 city shall complete a plan review of a 
construction project for a one
-
 to two
-
family dwelling or townhome by no later 
than 14 business days after the day on which the 
applicant submits a complete 
building permit application to the city
screening period for the application ends
.
(b)
A
Except as provided in Subsection 
(4)(c)
, once a city determines an application for 
plan review is complete, the
 city shall complete a plan review of a construction 
project for a residential structure built under the International Building Code
,
that is 
not a one- or two-family dwelling, townhome, or 
not including
 a lodging 
establishment, by no later than 21 business days after the day on which the 
applicant 
submits a complete building permit application to the city
screening period ends
.
(c)
Notwithstanding the time periods for completing a plan review described in 
Subsections 
(4)(a)
 and (b), a city may toll and restart a time period as described in 
Subsection 
(3)(d)(iv)
.
(c)
(i)
Subject to Subsection (3)(c)(ii), if a city does not complete a plan review 
before the time period described in Subsection (3)(a) or (b) expires, an applicant 
may request that the city complete the plan review.
(ii)
If an applicant makes a request under Subsection (3)(c)(i), the city shall perform 
the plan review no later than:
(A)
for a plan review described in Subsection (3)(a), 14 days from the day on 
which the applicant makes the request; or
(B)
for a plan review described in Subsection (3)(b), 21 days from the day on 
which the applicant makes the request.
(5)
(a)
A city may utilize another government entity to determine if an application is 
complete, as described in Subsection (3), or perform a plan review, as described in 
Subsection (4).
(b)
A government entity that determines if an application is complete or performs a plan 
review, as authorized in Subsection (5)(a), shall comply with the requirements of this 
section the same as if the government entity is the city.
(c)
A city that utilizes another government entity, as described in Subsection (5)(a), shall 
provide the government entity with the necessary documents to determine if an 
application is complete or perform a plan review within the relevant time period 
required by Subsection (3) or (4). 
(d)
(6)
An applicant may:
(i)
(a)
waive the plan review time requirements described in this Subsection (3); or
(ii)
(b)
with the city's consent, establish an alternative plan review time requirement.
(4)
(7)
(a)
A city may not enforce a requirement to have a plan review if:
(a)
(i)
the city does not complete the plan review within the
 relevant
 time period 
described in Subsection 
(3)(a) or (b)
(4)
; and
(b)
(ii)
a licensed architect or structural engineer, or both when required by law, 
stamps the plan.
(b)
If a city is prohibited from enforcing a requirement to have a plan review under 
Subsection 
(5)(a)
, the city shall return to the applicant any plan review fee paid by 
the applicant.
(5)
(8)
(a)
A city may attach to a reviewed plan a list that includes:
(i)
items with which the city is concerned and may enforce during construction; and
(ii)
building code violations found in the plan.
(b)
A city may not require an applicant to redraft a plan if the city requests minor 
changes to the plan that the list described in Subsection (5)(a) identifies.
(c)
A city may only require a single resubmittal of plans for a one
-
 or two
-
family 
dwelling or townhome if
 deficiencies in the plan would affect the site plan interaction 
or footprint of the design
 the resubmission is required to address deficiencies 
identified by a third-party review of a geotechnical report or geological report
.
(6)
(9)
If a city charges a fee for a building permit, the city may not refuse payment of the 
fee at the time the applicant submits a building permit application under Subsection (3).
(7)
(10)
A city may not limit the number of building permit applications submitted under 
Subsection (3).
(8)
(11)
For purposes of Subsection (3), a building permit application is complete if the 
application contains:
(a)
the name, address, and contact information of:
(i)
the applicant; and
(ii)
the construction manager/general contractor, as defined in Section 
63G-6a-103
, 
for the construction project;
(b)
a site plan for the construction project that:
(i)
is drawn to scale;
(ii)
includes a north arrow and legend; and
(iii)
provides specifications for the following:
(A)
lot size and dimensions;
(B)
setbacks and overhangs for setbacks;
(C)
easements;
(D)
property lines;
(E)
topographical details, if the slope of the lot is greater than 10%;
(F)
retaining walls;
(G)
hard surface areas;
(H)
curb and gutter elevations as indicated in the subdivision documents;
(I)
existing and proposed 
utilities, including water
, sewer, and subsurface drainage 
facilities
meter and sewer lateral location
;
(J)
street names;
(K)
driveway locations;
(L)
defensible space provisions and elevations, if required by the Utah Wildland 
Urban Interface Code adopted under Section 
15A-2-103
; and
(M)
the location of the nearest hydrant;
(c)
construction plans and drawings, including:
(i)
elevations, only if the construction project is new construction;
(ii)
floor plans for each level, including the location and size of doors
 and
,
 windows
, 
and egress
;
(iii)
foundation, structural, and framing detail; 
and
(iv)
electrical, mechanical, and plumbing design;
(v)
a licensed architect's or structural engineer's stamp, when required by law; and
(vi)
fire suppression details, when required by code;
(d)
documentation of energy code compliance;
(e)
structural calculations, except for trusses;
(f)
a geotechnical report, including a slope stability evaluation and retaining wall design, 
if:
(i)
the slope of the lot is greater than 15%; and
(ii)
required by the city; 
and
(g)
a statement indicating
 that actual construction will comply with applicable local 
ordinances and building codes.
:
(i)
before land disturbance occurs on the subject property, the applicant will obtain a 
storm water permit; and
(ii)
during actual construction, the applicant shall comply with applicable local 
ordinances and building codes; and
(h)
the fees established by ordinance for the city to perform a plan review.
(12)
A city may, at its own discretion, utilize automated review to fulfill, in whole or in 
part, the city's obligation to conduct plan review described in this section.
Section 35, Section 
10-8-14
 is amended to read:
10-8-14 (Effective 05/07/25). Utility and telecommunications services -- Service 
beyond municipal limits -- Retainage -- Notice of service and agreement.
(1)
As used in this section, "public telecommunications service facilities" means the same 
as that term is defined in Section 
10-18-102
. 
(2)
A municipality may:
(a)
construct, maintain, and operate waterworks, sewer collection, sewer treatment 
systems, gas works, electric light works, telecommunications lines, cable television 
lines, public transportation systems, or public telecommunications service facilities;
(b)
authorize the construction, maintenance and operation of the works or systems listed 
in Subsection 
(2)(a)
 by others;
(c)
purchase or lease the works or systems listed in Subsection 
(2)(a)
 from any person or 
corporation; and
(d)
sell and deliver the surplus product or service capacity of any works or system listed 
in Subsection 
(2)(a)
, not required by the municipality or the municipality's 
inhabitants, to others beyond the limits of the municipality, except the sale and 
delivery of:
(i)
retail electricity beyond the municipal boundary is governed by Subsections 
(3)
through 
(8)
;
(ii)
cable television services or public telecommunications services is governed by 
Subsection 
(12)
; and
(iii)
water is governed by Sections 
10-7-14
 and 
10-8-22
.
(3)
If any payment on a contract with a private person, firm, or corporation to construct 
waterworks, sewer collection, sewer treatment systems, gas works, electric works, 
telecommunications lines, cable television lines, public transportation systems, or public 
telecommunications service facilities is retained or withheld, it shall be retained or 
withheld and released as provided in Section 
13-8-5
.
(4)
(a)
Except as provided in Subsection 
(4)(b)
, 
(6)
, or 
(10)
, a municipality may not sell 
or deliver the electricity produced or distributed by the municipality's electric works 
constructed, maintained, or operated in accordance with Subsection 
(2)
 to a retail 
customer located beyond the municipality's municipal boundary.
(b)
A municipality that provides retail electric service to a customer beyond the 
municipality's municipal boundary on or before June 15, 2013, may continue to serve 
that customer if:
(i)
on or before December 15, 2013, the municipality provides the electrical 
corporation, as defined in Section 
54-2-1
, that is obligated by the municipality's 
certificate of public convenience and necessity to serve the customer with an 
accurate and complete verified written notice described in Subsection 
(4)(c)
 that 
identifies each customer served by the municipality beyond the municipality's 
municipal boundary;
(ii)
no later than June 15, 2014, the municipality enters into a written filing 
agreement for the provision of electric service with the electrical corporation; and
(iii)
the Public Service Commission approves the written filing agreement in 
accordance with Section 
54-4-40
.
(c)
The municipality shall include in the written notice required in Subsection 
(4)(b)(i)
for each customer:
(i)
the customer's meter number;
(ii)
the location of the customer's meter by street address, global positioning system 
coordinates, metes and bounds description, or other similar method of meter 
location;
(iii)
the customer's class of service; and
(iv)
a representation that the customer was receiving service from the municipality on 
or before June 15, 2013.
(5)
The written filing agreement entered into in accordance with Subsection 
(4)(b)(ii)
 shall 
require the following:
(a)
The municipality shall provide electric service to a customer identified in accordance 
with Subsection 
(4)(b)(i)
 unless the municipality and the electrical corporation 
subsequently agree in writing that the electrical corporation will provide electric 
service to the customer.
(b)
If a customer who is located outside the municipal boundary and who is not 
identified in accordance with Subsection 
(4)(b)(i)
 requests service from the 
municipality after June 15, 2013, the municipality may not provide that customer 
electric service unless the municipality submits a request to and enters into a written 
agreement with the electric corporation in accordance with Subsection 
(6)
.
(6)
(a)
A municipality may submit to the electrical corporation a request to provide 
electric service to an electric customer described in Subsection 
(5)(b)
.
(b)
If a municipality submits a request, the electrical corporation shall respond to the 
request within 60 days.
(c)
If the electrical corporation agrees to allow the municipality to provide electric 
service to the customer:
(i)
the electrical corporation and the municipality shall enter into a written agreement;
(ii)
the municipality shall agree in the written agreement to subsequently transfer 
service to the customer described in Subsection 
(5)(b)
 if the electrical corporation 
notifies, in writing, the municipality that the electrical corporation has installed a 
facility capable of providing electric service to the customer; and
(iii)
the municipality may provide the service if:
(A)
except as provided in Subsection 
(6)(c)(iii)(B)
, the Public Service 
Commission approves the agreement in accordance with Section 
54-4-40
; or
(B)
for an electrical cooperative that meets the requirements of Subsection 
54-7-12(7)
, the governing board of the electrical cooperative approves the 
agreement.
(d)
The municipality or the electrical corporation may terminate the agreement for the 
provision of electric service if the Public Service Commission imposes a condition 
authorized in Section 
54-4-40
 that is a material change to the agreement.
(7)
If the municipality and electrical corporation make a transfer described in Subsection 
(6)(c)(ii)
:
(a)
(i)
the municipality shall transfer the electric service customer to the electrical 
corporation; and
(ii)
the electrical corporation shall provide electric service to the customer; and
(b)
the municipality shall transfer a facility in accordance with and for the value as 
provided in Section 
10-2-421
10-2-817
.
(8)
(a)
In accordance with Subsection 
(8)(b)
, the municipality shall establish a reasonable 
mechanism for resolving potential future complaints by an electric customer located 
outside the municipality's municipal boundary.
(b)
The mechanism shall require:
(i)
that the rates and conditions of service for a customer outside the municipality's 
boundary are at least as favorable as the rates and conditions of service for a 
similarly situated customer within the municipality's boundary; and
(ii)
if the municipality provides a general rebate, refund, or other payment to a 
customer located within the municipality's boundary, that the municipality also 
provide the same general rebate, refund, or other payment to a similarly situated 
customer located outside the municipality's boundary.
(9)
The municipality is relieved of any obligation to transfer a customer described in 
Subsection 
(5)(b)
 or facility used to serve the customer in accordance with Subsection 
(6)(c)(ii)
 if the municipality annexes the property on which the customer is being served.
(10)
(a)
A municipality may provide electric service outside of the municipality's 
municipal boundary to a facility that is solely owned and operated by the 
municipality for municipal service.
(b)
A municipality's provision of electric service to a facility that is solely owned and 
operated by the municipality does not expand the municipality's electric service area.
(11)
Nothing in this section expands or diminishes the ability of a municipality to enter into 
a wholesale electrical sales contract with another municipality that serves electric 
customers to sell and deliver wholesale electricity to the other municipality.
(12)
A municipality's actions under this section related to works or systems involving 
public telecommunications services or cable television services are subject to the 
requirements of 
Chapter 18, Municipal Cable Television and Public 
Telecommunications Services Act
.
Section 36, Section 
10-9a-103
 is amended to read:
10-9a-103 (Effective 05/07/25). Definitions.
As used in this chapter:
(1)
"Accessory dwelling unit" means a habitable living unit added to, created within, or 
detached from a primary single-family dwelling and contained on one lot.
(2)
"Adversely affected party" means a person other than a land use applicant who:
(a)
owns real property adjoining the property that is the subject of a land use application 
or land use decision; or
(b)
will suffer a damage different in kind than, or an injury distinct from, that of the 
general community as a result of the land use decision.
(3)
"Affected entity" means a county, municipality, special district, special service district 
under Title 17D, Chapter 1, Special Service District Act, school district, interlocal 
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, 
specified public utility, property owner, property owners association, or the Department 
of Transportation, if:
(a)
the entity's services or facilities are likely to require expansion or significant 
modification because of an intended use of land;
(b)
the entity has filed with the municipality a copy of the entity's general or long-range 
plan; or
(c)
the entity has filed with the municipality a request for notice during the same 
calendar year and before the municipality provides notice to an affected entity in 
compliance with a requirement imposed under this chapter.
(4)
"Affected owner" means the owner of real property that is:
(a)
a single project;
(b)
the subject of a land use approval that sponsors of a referendum timely challenged in 
accordance with Subsection 
20A-7-601
(6); and
(c)
determined to be legally referable under Section 
20A-7-602.8
.
(5)
"Appeal authority" means the person, board, commission, agency, or other body 
designated by ordinance to decide an appeal of a decision of a land use application or a 
variance.
(6)
"Billboard" means a freestanding ground sign located on industrial, commercial, or 
residential property if the sign is designed or intended to direct attention to a business, 
product, or service that is not sold, offered, or existing on the property where the sign is 
located.
(7)
(a)
"Charter school" means:
(i)
an operating charter school;
(ii)
a charter school applicant that a charter school authorizer approves in accordance 
with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
(iii)
an entity that is working on behalf of a charter school or approved charter 
applicant to develop or construct a charter school building.
(b)
"Charter school" does not include a therapeutic school.
(8)
"Building code adoption cycle" means the period of time beginning the day on which a 
specific edition of a construction code from a nationally recognized code authority is 
adopted until the day before a new edition of a construction code is adopted.
(9)
"Conditional use" means a land use that, because of the unique characteristics or 
potential impact of the land use on the municipality, surrounding neighbors, or adjacent 
land uses, may not be compatible in some areas or may be compatible only if certain 
conditions are required that mitigate or eliminate the detrimental impacts.
(9)
(10)
"Constitutional taking" means a governmental action that results in a taking of 
private property so that compensation to the owner of the property is required by the:
(a)
Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b)
Utah Constitution
,
 Article I, Section 22.
(10)
(11)
"Culinary water authority" means the department, agency, or public entity with 
responsibility to review and approve the feasibility of the culinary water system and 
sources for the subject property.
(11)
(12)
"Development activity" means:
(a)
any construction or expansion of a building, structure, or use that creates additional 
demand and need for public facilities;
(b)
any change in use of a building or structure that creates additional demand and need 
for public facilities; or
(c)
any change in the use of land that creates additional demand and need for public 
facilities.
(12)
(13)
(a)
"Development agreement" means a written agreement or amendment to a 
written agreement between a municipality and one or more parties that regulates or 
controls the use or development of a specific area of land.
(b)
"Development agreement" does not include an improvement completion assurance.
(13)
(14)
(a)
"Disability" means a physical or mental impairment that substantially 
limits one or more of a person's major life activities, including a person having a 
record of such an impairment or being regarded as having such an impairment.
(b)
"Disability" does not include current illegal use of, or addiction to, any federally 
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 
U.S.C. 802.
(14)
(15)
"Educational facility":
(a)
means:
(i)
a school district's building at which pupils assemble to receive instruction in a 
program for any combination of grades from preschool through grade 12, 
including kindergarten and a program for children with disabilities;
(ii)
a structure or facility:
(A)
located on the same property as a building described in Subsection 
(14)(a)(i)
(15)(a)(i)
; and
(B)
used in support of the use of that building; and
(iii)
a building to provide office and related space to a school district's administrative 
personnel; and
(b)
does not include:
(i)
land or a structure, including land or a structure for inventory storage, equipment 
storage, food processing or preparing, vehicle storage or maintenance, or similar 
use that is:
(A)
not located on the same property as a building described in Subsection 
(14)(a)(i)
(15)(a)(i)
; and
(B)
used in support of the purposes of a building described in Subsection 
(14)(a)(i)
(15)(a)(i)
; or
(ii)
a therapeutic school.
(15)
(16)
"Fire authority" means the department, agency, or public entity with 
responsibility to review and approve the feasibility of fire protection and suppression 
services for the subject property.
(16)
(17)
"Flood plain" means land that:
(a)
is within the 100-year flood plain designated by the Federal Emergency Management 
Agency; or
(b)
has not been studied or designated by the Federal Emergency Management Agency 
but presents a likelihood of experiencing chronic flooding or a catastrophic flood 
event because the land has characteristics that are similar to those of a 100-year flood 
plain designated by the Federal Emergency Management Agency.
(17)
(18)
"General plan" means a document that a municipality adopts that sets forth 
general guidelines for proposed future development of the land within the municipality.
(18)
(19)
"Geologic hazard" means:
(a)
a surface fault rupture;
(b)
shallow groundwater;
(c)
liquefaction;
(d)
a landslide;
(e)
a debris flow;
(f)
unstable soil;
(g)
a rock fall; or
(h)
any other geologic condition that presents a risk:
(i)
to life;
(ii)
of substantial loss of real property; or
(iii)
of substantial damage to real property.
(19)
(20)
"Historic preservation authority" means a person, board, commission, or other 
body designated by a legislative body to:
(a)
recommend land use regulations to preserve local historic districts or areas; and
(b)
administer local historic preservation land use regulations within a local historic 
district or area.
(20)
(21)
"Home-based microschool" means the same as that term is defined in Section 
53G-6-201
.
(21)
(22)
"Hookup fee" means a fee for the installation and inspection of any pipe, line, 
meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or 
other utility system.
(22)
(23)
(a)
"Identical plans" means 
building
floor
 plans submitted to a municipality 
that:
(a)
(i)
are 
clearly marked as "identical plans"
submitted within the same building 
code adoption cycle as floor plans that were previously approved by the 
municipality
;
(b)
(ii)
are substantially identical to building 
have no structural differences from 
floor 
plans that were previously 
submitted to and reviewed and 
approved by the 
municipality; and
(c)
(iii)
describe a building that:
(i)
(A)
is located on land zoned the same as the land on which the building 
described in the previously approved plans is located;
(ii)
is subject to the same geological and meteorological conditions and the same law 
as the building described in the previously approved plans;
(iii)
(B)
has a 
substantially identical 
floor plan 
identical to the building
to a floor
plan previously 
submitted to and reviewed and 
approved by the municipality; 
and
(iv)
(C)
does not require any 
additional 
engineering or analysis
 beyond a 
cursory review to confirm the submitted floor plans are substantially identical 
to a floor plan previously approved by the municipality
.
(b)
"Identical plans" include floor plans that are oriented differently as the floor plan that 
was previously approved by the municipality.
(23)
(24)
"Impact fee" means a payment of money imposed under Title 11, Chapter 36a, 
Impact Fees Act.
(24)
(25)
"Improvement completion assurance" means a surety bond, letter of credit, 
financial institution bond, cash, assignment of rights, lien, or other equivalent security 
required by a municipality to guaranty the proper completion of landscaping or an 
infrastructure improvement required as a condition precedent to:
(a)
recording a subdivision plat; or
(b)
development of a commercial, industrial, mixed use, or multifamily project.
(25)
(26)
"Improvement warranty" means an applicant's unconditional warranty that the 
applicant's installed and accepted landscaping or infrastructure improvement:
(a)
complies with the municipality's written standards for design, materials, and 
workmanship; and
(b)
will not fail in any material respect, as a result of poor workmanship or materials, 
within the improvement warranty period.
(26)
(27)
"Improvement warranty period" means a period:
(a)
no later than one year after a municipality's acceptance of required
 public
landscaping; or
(b)
no later than one year after a municipality's acceptance of required infrastructure, 
unless the municipality:
(i)
determines
, based on accepted industry standards and
 for good cause
,
 that a 
one-year period would be inadequate to protect the public health, safety, and 
welfare; and
(ii)
has substantial evidence, on record:
(A)
of prior poor performance by the applicant; or
(B)
that the area upon which the infrastructure will be constructed contains 
suspect soil and the municipality has not otherwise required the applicant to 
mitigate the suspect soil.
(27)
(28)
"Infrastructure improvement" means permanent infrastructure that is essential for 
the public health and safety or that:
(a)
is required for human occupation; and
(b)
an applicant must install:
(i)
in accordance with published installation and inspection specifications for public 
improvements; and
(ii)
whether the improvement is public or private, as a condition of:
(A)
recording a subdivision plat;
(B)
obtaining a building permit; or
(C)
development of a commercial, industrial, mixed use, condominium, or 
multifamily project.
(28)
(29)
"Internal lot restriction" means a platted note, platted demarcation, or platted 
designation that:
(a)
runs with the land; and
(b)
(i)
creates a restriction that is enclosed within the perimeter of a lot described on 
the plat; or
(ii)
designates a development condition that is enclosed within the perimeter of a lot 
described on the plat.
(29)
(30)
"Land use applicant" means a property owner, or the property owner's designee, 
who submits a land use application regarding the property owner's land.
(30)
(31)
"Land use application":
(a)
means an application that is:
(i)
required by a municipality; and
(ii)
submitted by a land use applicant to obtain a land use decision; and
(b)
does not mean an application to enact, amend, or repeal a land use regulation.
(31)
(32)
"Land use authority" means:
(a)
a person, board, commission, agency, or body, including the local legislative body, 
designated by the local legislative body to act upon a land use application; or
(b)
if the local legislative body has not designated a person, board, commission, agency, 
or body, the local legislative body.
(32)
(33)
"Land use decision" means an administrative decision of a land use authority or 
appeal authority regarding:
(a)
a land use permit; or
(b)
a land use application.
(33)
(34)
"Land use permit" means a permit issued by a land use authority.
(34)
(35)
"Land use regulation":
(a)
means a legislative decision enacted by ordinance, law, code, map, resolution,
engineering or development standard,
 specification
 for public improvement
, fee, or 
rule that governs the use or development of land;
(b)
includes the adoption or amendment of a zoning map or the text of the zoning code; 
and
(c)
does not include:
(i)
a land use decision of the legislative body acting as the land use authority, even if 
the decision is expressed in a resolution or ordinance; or
(ii)
a temporary revision to an engineering specification that does not materially:
(A)
increase a land use applicant's cost of development compared to the existing 
specification; or
(B)
impact a land use applicant's use of land.
(35)
(36)
"Legislative body" means the municipal council.
(36)
(37)
"Local historic district or area" means a geographically definable area that:
(a)
contains any combination of buildings, structures, sites, objects, landscape features, 
archeological sites, or works of art that contribute to the historic preservation goals of 
a legislative body; and
(b)
is subject to land use regulations to preserve the historic significance of the local 
historic district or area.
(37)
(38)
"Lot" means a tract of land, regardless of any label, that is created by and shown 
on a subdivision plat that has been recorded in the office of the county recorder.
(38)
(39)
(a)
"Lot line adjustment" means a relocation of a lot line boundary between 
adjoining lots or between a lot and adjoining parcels in accordance with Section 
10-9a-608
:
(i)
whether or not the lots are located in the same subdivision; and
(ii)
with the consent of the owners of record.
(b)
"Lot line adjustment" does not mean a new boundary line that:
(i)
creates an additional lot; or
(ii)
constitutes a subdivision or a subdivision amendment.
(c)
"Lot line adjustment" does not include a boundary line adjustment made by the 
Department of Transportation.
(39)
(40)
"Major transit investment corridor" means public transit service that uses or 
occupies:
(a)
public transit rail right-of-way;
(b)
dedicated road right-of-way for the use of public transit, such as bus rapid transit; or
(c)
fixed-route bus corridors subject to an interlocal agreement or contract between a 
municipality or county and:
(i)
a public transit district as defined in Section 
17B-2a-802
; or
(ii)
an eligible political subdivision as defined in Section 
59-12-2219
.
(40)
(41)
"Micro-education entity" means the same as that term is defined in Section 
53G-6-201
.
(41)
(42)
"Moderate income housing" means housing occupied or reserved for occupancy 
by households with a gross household income equal to or less than 80% of the median 
gross income for households of the same size in the county in which the city is located.
(42)
(43)
"Municipal utility easement" means an easement that:
(a)
is created or depicted on a plat recorded in a county recorder's office and is described 
as a municipal utility easement granted for public use;
(b)
is not a protected utility easement or a public utility easement as defined in Section 
54-3-27
;
(c)
the municipality or the municipality's affiliated governmental entity uses and 
occupies to provide a utility service, including sanitary sewer, culinary water, 
electrical, storm water, or communications or data lines;
(d)
is used or occupied with the consent of the municipality in accordance with an 
authorized franchise or other agreement;
(e)
(i)
is used or occupied by a specified public utility in accordance with an 
authorized franchise or other agreement; and
(ii)
is located in a utility easement granted for public use; or
(f)
is described in Section 
10-9a-529
 and is used by a specified public utility.
(43)
(44)
"Nominal fee" means a fee that reasonably reimburses a municipality only for 
time spent and expenses incurred in:
(a)
verifying that building plans are identical plans; and
(b)
reviewing and approving those minor aspects of identical plans that differ from the 
previously reviewed and approved building plans.
(44)
(45)
"Noncomplying structure" means a structure that:
(a)
legally existed before the structure's current land use designation; and
(b)
because of one or more subsequent land use ordinance changes, does not conform to 
the setback, height restrictions, or other regulations, excluding those regulations, 
which govern the use of land.
(45)
(46)
"Nonconforming use" means a use of land that:
(a)
legally existed before its current land use designation;
(b)
has been maintained continuously since the time the land use ordinance governing 
the land changed; and
(c)
because of one or more subsequent land use ordinance changes, does not conform to 
the regulations that now govern the use of the land.
(46)
(47)
"Official map" means a map drawn by municipal authorities and recorded in a 
county recorder's office that:
(a)
shows actual and proposed rights-of-way, centerline alignments, and setbacks for 
highways and other transportation facilities;
(b)
provides a basis for restricting development in designated rights-of-way or between 
designated setbacks to allow the government authorities time to purchase or 
otherwise reserve the land; and
(c)
has been adopted as an element of the municipality's general plan.
(47)
(48)
"Parcel" means any real property that is not a lot.
(48)
(49)
(a)
"Parcel boundary adjustment" means a recorded agreement between 
owners of adjoining parcels adjusting the mutual boundary, either by deed or by a 
boundary line agreement in accordance with Section 
10-9a-524
, if no additional 
parcel is created and:
(i)
none of the property identified in the agreement is a lot; or
(ii)
the adjustment is to the boundaries of a single person's parcels.
(b)
"Parcel boundary adjustment" does not mean an adjustment of a parcel boundary line 
that:
(i)
creates an additional parcel; or
(ii)
constitutes a subdivision.
(c)
"Parcel boundary adjustment" does not include a boundary line adjustment made by 
the Department of Transportation.
(49)
(50)
"Person" means an individual, corporation, partnership, organization, 
association, trust, governmental agency, or any other legal entity.
(50)
(51)
"Plan for moderate income housing" means a written document adopted by a 
municipality's legislative body that includes:
(a)
an estimate of the existing supply of moderate income housing located within the 
municipality;
(b)
an estimate of the need for moderate income housing in the municipality for the next 
five years;
(c)
a survey of total residential land use;
(d)
an evaluation of how existing land uses and zones affect opportunities for moderate 
income housing; and
(e)
a description of the municipality's program to encourage an adequate supply of 
moderate income housing.
(51)
(52)
"Plat" means an instrument subdividing property into lots as depicted on a map 
or other graphical representation of lands that a licensed professional land surveyor 
makes and prepares in accordance with Section 
10-9a-603
 or 
57-8-13
.
(52)
(53)
"Potential geologic hazard area" means an area that:
(a)
is designated by a Utah Geological Survey map, county geologist map, or other 
relevant map or report as needing further study to determine the area's potential for 
geologic hazard; or
(b)
has not been studied by the Utah Geological Survey or a county geologist but 
presents the potential of geologic hazard because the area has characteristics similar 
to those of a designated geologic hazard area.
(53)
(54)
"Public agency" means:
(a)
the federal government;
(b)
the state;
(c)
a county, municipality, school district, special district, special service district, or 
other political subdivision of the state; or
(d)
a charter school.
(54)
(55)
"Public hearing" means a hearing at which members of the public are provided a 
reasonable opportunity to comment on the subject of the hearing.
(55)
(56)
"Public meeting" means a meeting that is required to be open to the public under 
Title 52, Chapter 4, Open and Public Meetings Act.
(56)
(57)
"Public street" means a public right-of-way, including a public highway, public 
avenue, public boulevard, public parkway, public road, public lane, public alley, public 
viaduct, public subway, public tunnel, public bridge, public byway, other public 
transportation easement, or other public way.
(57)
(58)
"Receiving zone" means an area 
of a municipality 
that 
the
a
 municipality 
designates, by ordinance, as an area in which an owner of land may receive a 
transferable development right.
(58)
(59)
"Record of survey map" means a map of a survey of land prepared in accordance 
with Section 
10-9a-603
, 
17-23-17
, 
17-27a-603
, or 
57-8-13
.
(59)
(60)
"Residential facility for persons with a disability" means a residence:
(a)
in which more than one person with a disability resides; and
(b)
which is licensed or certified by the Department of Health and Human Services 
under:
(i)
Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or
(ii)
Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(60)
(61)
"Residential roadway" means a public local residential road that:
(a)
will serve primarily to provide access to adjacent primarily residential areas and 
property;
(b)
is designed to accommodate minimal traffic volumes or vehicular traffic;
(c)
is not identified as a supplementary to a collector or other higher system classified 
street in an approved municipal street or transportation master plan;
(d)
has a posted speed limit of 25 miles per hour or less;
(e)
does not have higher traffic volumes resulting from connecting previously separated 
areas of the municipal road network;
(f)
cannot have a primary access, but can have a secondary access, and does not abut lots 
intended for high volume traffic or community centers, including schools, recreation 
centers, sports complexes, or libraries; and
(g)
primarily serves traffic within a neighborhood or limited residential area and is not 
necessarily continuous through several residential areas.
(61)
(62)
"Rules of order and procedure" means a set of rules that govern and prescribe in 
a public meeting:
(a)
parliamentary order and procedure;
(b)
ethical behavior; and
(c)
civil discourse.
(62)
(63)
"Sanitary sewer authority" means the department, agency, or public entity with 
responsibility to review and approve the feasibility of sanitary sewer services or onsite 
wastewater systems.
(63)
(64)
"Sending zone" means an area 
of a municipality 
that 
the
a
 municipality 
designates, by ordinance, as an area from which an owner of land may transfer a 
transferable development right.
(64)
(65)
"Special district" means an entity under Title 17B, Limited Purpose Local 
Government Entities - Special Districts, and any other governmental or 
quasi-governmental entity that is not a county, municipality, school district, or the state.
(65)
(66)
"Specified public agency" means:
(a)
the state;
(b)
a school district; or
(c)
a charter school.
(66)
(67)
"Specified public utility" means an electrical corporation, gas corporation, or 
telephone corporation, as those terms are defined in Section 
54-2-1
.
(67)
(68)
"State" includes any department, division, or agency of the state.
(68)
(69)
(a)
"Subdivision" means any land that is divided, resubdivided, or proposed to 
be divided into two or more lots or other division of land for the purpose, whether 
immediate or future, for offer, sale, lease, or development either on the installment 
plan or upon any and all other plans, terms, and conditions.
(b)
"Subdivision" includes:
(i)
the division or development of land, whether by deed, metes and bounds 
description, devise and testacy, map, plat, or other recorded instrument, regardless 
of whether the division includes all or a portion of a parcel or lot; and
(ii)
except as provided in Subsection 
(68)(c)
(69)(c)
, divisions of land for residential 
and nonresidential uses, including land used or to be used for commercial, 
agricultural, and industrial purposes.
(c)
"Subdivision" does not include:
(i)
a bona fide division or partition of agricultural land for the purpose of joining one 
of the resulting separate parcels to a contiguous parcel of unsubdivided 
agricultural land, if neither the resulting combined parcel nor the parcel remaining 
from the division or partition violates an applicable land use ordinance;
(ii)
a boundary line agreement recorded with the county recorder's office between 
owners of adjoining parcels adjusting the mutual boundary in accordance with 
Section 
10-9a-524
 if no new parcel is created;
(iii)
a recorded document, executed by the owner of record:
(A)
revising the legal descriptions of multiple parcels into one legal description 
encompassing all such parcels; or
(B)
joining a lot to a parcel;
(iv)
a boundary line agreement between owners of adjoining subdivided properties 
adjusting the mutual lot line boundary in accordance with Sections 
10-9a-524
 and 
10-9a-608
 if:
(A)
no new dwelling lot or housing unit will result from the adjustment; and
(B)
the adjustment will not violate any applicable land use ordinance;
(v)
a bona fide division of land by deed or other instrument if the deed or other 
instrument states in writing that the division:
(A)
is in anticipation of future land use approvals on the parcel or parcels;
(B)
does not confer any land use approvals; and
(C)
has not been approved by the land use authority;
(vi)
a parcel boundary adjustment;
(vii)
a lot line adjustment;
(viii)
a road, street, or highway dedication plat;
(ix)
a deed or easement for a road, street, or highway purpose; or
(x)
any other division of land authorized by law.
(69)
(70)
(a)
"Subdivision amendment" means an amendment to a recorded subdivision 
in accordance with Section 
10-9a-608
 that:
(i)
vacates all or a portion of the subdivision;
(ii)
alters the outside boundary of the subdivision;
(iii)
changes the number of lots within the subdivision;
(iv)
alters a public right-of-way, a public easement, or public infrastructure within the 
subdivision; or
(v)
alters a common area or other common amenity within the subdivision.
(b)
"Subdivision amendment" does not include a lot line adjustment, between a single lot 
and an adjoining lot or parcel, that alters the outside boundary of the subdivision.
(70)
(71)
"Substantial evidence" means evidence that:
(a)
is beyond a scintilla; and
(b)
a reasonable mind would accept as adequate to support a conclusion.
(71)
(72)
"Suspect soil" means soil that has:
(a)
a high susceptibility for volumetric change, typically clay rich, having more than a 
3% swell potential;
(b)
bedrock units with high shrink or swell susceptibility; or
(c)
gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum 
commonly associated with dissolution and collapse features.
(72)
(73)
"Therapeutic school" means a residential group living facility:
(a)
for four or more individuals who are not related to:
(i)
the owner of the facility; or
(ii)
the primary service provider of the facility;
(b)
that serves students who have a history of failing to function:
(i)
at home;
(ii)
in a public school; or
(iii)
in a nonresidential private school; and
(c)
that offers:
(i)
room and board; and
(ii)
an academic education integrated with:
(A)
specialized structure and supervision; or
(B)
services or treatment related to a disability, an emotional development, a 
behavioral development, a familial development, or a social development.
(73)
(74)
"Transferable development right" means a right to develop and use land that 
originates by an ordinance that authorizes a land owner in a designated sending zone to 
transfer land use rights from a designated sending zone to a designated receiving zone.
(74)
(75)
"Unincorporated" means the area outside of the incorporated area of a city or 
town.
(75)
(76)
"Water interest" means any right to the beneficial use of water, including:
(a)
each of the rights listed in Section 
73-1-11
; and
(b)
an ownership interest in the right to the beneficial use of water represented by:
(i)
a contract; or
(ii)
a share in a water company, as defined in Section 
73-3-3.5
.
(76)
(77)
"Zoning map" means a map, adopted as part of a land use ordinance, that depicts 
land use zones, overlays, or districts.
Section 37, Section 
10-9a-205
 is amended to read:
10-9a-205 (Effective 05/07/25). Notice of public hearings and public meetings on 
adoption or modification of land use regulation.
(1)
Each municipality shall give:
(a)
notice of the date, time, and place of the first public hearing to consider the adoption 
or any modification of a land use regulation; and
(b)
notice of each public meeting on the subject.
(2)
Each notice of a public hearing under Subsection 
(1)(a)
 shall be:
(a)
mailed to each affected entity at least 10 calendar days before the public hearing; and
(b)
(i)
provided for the area directly affected by the land use ordinance change, as a 
class B notice under Section 
63G-30-102
, for at least 10 calendar days before the 
day of the public hearing
.
; or
(ii)
if the proposed land use ordinance change is ministerial in nature, as described in 
Subsection 
(6)
, provided as a class A notice under Section 
63G-30-102
 for at least 
10 calendar days before the day of the public hearing.
(3)
In addition to the notice requirements described in Subsections 
(1)
 and 
(2)
, for any 
proposed modification to the text of a zoning code, the notice posted in accordance with 
Subsection 
(2)
 shall:
(a)
include
:
(i)
a summary of the effect of the proposed modifications to the text of the zoning 
code designed to be understood by a lay person;
 or
(ii)
a direct link to the municipality's webpage where a person can find a summary of 
the effect of the proposed modifications to the text of the zoning code designed to 
be understood by a lay person;
 and
(b)
be provided to any person upon written request.
(4)
Each notice of a public meeting under Subsection 
(1)(b)
 shall be provided for the 
municipality, as a class A notice under Section 
63G-30-102
, for at least 24 hours before 
the meeting.
(5)
(a)
A municipality shall send a courtesy notice to each owner of private real property 
whose property is located entirely or partially within a proposed zoning map 
enactment or amendment at least 10 days before the scheduled day of the public 
hearing.
(b)
The notice shall:
(i)
identify with specificity each owner of record of real property that will be affected 
by the proposed zoning map or map amendments;
(ii)
state the current zone in which the real property is located;
(iii)
state the proposed new zone for the real property;
(iv)
provide information regarding or a reference to the proposed regulations, 
prohibitions, and permitted uses that the property will be subject to if the zoning 
map or map amendment is adopted;
(v)
state that the owner of real property may no later than 10 days after the day of the 
first public hearing file a written objection to the inclusion of the owner's property 
in the proposed zoning map or map amendment;
(vi)
state the address where the property owner should file the protest;
(vii)
notify the property owner that each written objection filed with the municipality 
will be provided to the municipal legislative body; and
(viii)
state the location, date, and time of the public hearing described in Section 
10-9a-502
.
(c)
If a municipality mails notice to a property owner in accordance with Subsection 
(2)(b)
(i)
 for a public hearing on a zoning map or map amendment, the notice required 
in this Subsection 
(5)
 may be included in or part of the notice described in Subsection 
(2)(b)
(i)
 rather than sent separately.
(6)
A proposed land use ordinance change is ministerial in nature if the only purpose of the 
proposed land use ordinance change is to:
(a)
bring the municipality's land use ordinances into compliance with a state or federal 
law;
(b)
adopt a municipal land use update that affects:
(i)
an entire zoning district; or
(ii)
multiple zoning districts;
(c)
adopt a non-substantive, clerical text amendment to an existing land use ordinance;
(d)
recodify the municipality's existing land use ordinances; or
(e)
designate or define an affected area for purposes of a boundary adjustment or 
annexation.
Section 38, Section 
10-9a-508
 is amended to read:
10-9a-508 (Effective 05/07/25). Exactions -- Exaction for water interest -- 
Requirement to offer to original owner property acquired by exaction.
(1)
A municipality may impose an exaction or exactions on development proposed in a land 
use application, including, subject to Subsection 
(3)
, an exaction for a water interest, if:
(a)
an essential link exists between a legitimate governmental interest and each exaction; 
and
(b)
each exaction is roughly proportionate, both in nature and extent, to the impact of the 
proposed development.
(2)
If a land use authority imposes an exaction for another governmental entity:
(a)
the governmental entity shall request the exaction; and
(b)
the land use authority shall transfer the exaction to the governmental entity for which 
it was exacted.
(3)
(a)
(i)
Subject to the requirements of this Subsection 
(3)
, a municipality shall base 
an exaction for a water interest on the culinary water authority's established 
calculations of projected water interest requirements.
(ii)
Except as described in Subsection 
(3)(a)(iii)
, a culinary water authority shall base 
an exaction for a culinary water interest on:
(A)
consideration of the system-wide minimum sizing standards established for 
the culinary water authority by the Division of Drinking Water pursuant to 
Section 
19-4-114
; and
(B)
the number of equivalent residential connections associated with the culinary 
water demand for each specific development proposed in the development's 
land use application, applying lower exactions for developments with lower 
equivalent residential connections as demonstrated by at least five years of 
usage data for like land uses within the municipality.
(iii)
A municipality may impose an exaction for a culinary water interest that results 
in less water being exacted than would otherwise be exacted under Subsection 
(3)(a)(ii)
 if the municipality, at the municipality's sole discretion, determines there 
is good cause to do so.
(iv)
(A)
A municipality shall make public the methodology used to comply with 
Subsection 
(3)(a)(ii)(B)
. 
(B)
A land use applicant may appeal to the municipality's governing body an 
exaction calculation used by the municipality under Subsection 
(3)(a)(ii)
. 
(C)
A land use applicant may present data and other information that illustrates a 
need for an exaction recalculation and the municipality's governing body shall 
respond with due process.
(v)
Upon an applicant's request, the culinary water authority shall provide the 
applicant with the basis for the culinary water authority's calculations under 
Subsection 
(3)(a)(i)
 on which an exaction for a water interest is based.
(b)
A municipality may not impose an exaction for a water interest if the culinary water 
authority's existing available water interests exceed the water interests needed to meet 
the reasonable future water requirement of the public, as determined under 
Subsection 
73-1-4(2)(f)
.
(4)
(a)
If a municipality plans to dispose of surplus real property that was acquired under 
this section and has been owned by the municipality for less than 15 years, the 
municipality shall first offer to reconvey the property, without receiving additional 
consideration, to the person who granted the property to the municipality.
(b)
A person to whom a municipality offers to reconvey property under Subsection 
(4)(a)
has 90 days to accept or reject the municipality's offer.
(c)
If a person to whom a municipality offers to reconvey property declines the offer, the 
municipality may offer the property for sale.
(d)
Subsection 
(4)(a)
 does not apply to the disposal of property acquired by exaction by 
a community reinvestment agency.
(5)
(a)
A municipality may not, as part of an infrastructure improvement, require the 
installation of pavement on a residential roadway at a width in excess of 32 feet.
(b)
Subsection 
(5)(a)
 does not apply if a municipality requires the installation of 
pavement in excess of 32 feet:
(i)
in a vehicle turnaround area;
(ii)
in a cul-de-sac;
(iii)
to address specific traffic flow constraints at an intersection, mid-block 
crossings, or other areas;
(iv)
to address an applicable general or master plan improvement, including 
transportation, bicycle lanes, trails, or other similar improvements that are not 
included within an impact fee area;
(v)
to address traffic flow constraints for service to or abutting higher density 
developments or uses that generate higher traffic volumes, including community 
centers, schools, and other similar uses;
(vi)
as needed for the installation or location of a utility which is maintained by the 
municipality and is considered a transmission line or requires additional roadway 
width;
(vii)
for third-party utility lines that have an easement preventing the installation of 
utilities maintained by the municipality within the roadway;
(viii)
for utilities over 12 feet in depth;
(ix)
for roadways with a design speed that exceeds 25 miles per hour;
(x)
as needed for flood and stormwater routing;
(xi)
as needed to meet fire code requirements for parking and hydrants; or
(xii)
as needed to accommodate street parking.
(c)
Nothing in this section shall be construed to prevent a municipality from approving a 
road cross section with a pavement width less than 32 feet.
(d)
(i)
A land use applicant may appeal a municipal requirement for pavement in 
excess of 32 feet on a residential roadway.
(ii)
A land use applicant that has appealed a municipal specification for a residential 
roadway pavement width in excess of 32 feet may request that the municipality 
assemble a panel of qualified experts to serve as the appeal authority for purposes 
of determining the technical aspects of the appeal.
(iii)
Unless otherwise agreed by the applicant and the municipality, the panel 
described in Subsection 
(5)(d)(ii)
 shall consist of the following three experts:
(A)
one licensed engineer, designated by the municipality;
(B)
one licensed engineer, designated by the land use applicant; and
(C)
one licensed engineer, agreed upon and designated by the two designated 
engineers under Subsections 
(5)(d)(iii)(A)
 and 
(B)
.
(iv)
A member of the panel assembled by the municipality under Subsection 
(5)(d)(ii)
may not have an interest in the application that is the subject of the appeal.
(v)
The land use applicant shall pay:
(A)
50% of the cost of the panel; and
(B)
the municipality's published appeal fee.
(vi)
The decision of the panel is a final decision, subject to a petition for review under 
Subsection 
(5)(d)(vii)
.
(vii)
Pursuant to Section 
10-9a-801
, a land use applicant or the municipality may file 
a petition for review of the decision with the district court within 30 days after the 
date that the decision is final.
Section 39, Section 
10-9a-508.1
 is enacted to read:
10-9a-508.1 (Effective 05/07/25). Private maintenance of public features 
prohibited.
(1)
As used in this section:
(a)
"Public access amenity" means a physical feature like a trail or recreation area that a 
municipality designates for public access and use.
(b)
"Retail water line" means the same as that term is defined in Section 
11-8-4
.
(c)
"Sewer lateral" means the same as that term is defined in Section 
11-8-4
.
(d)
(i)
"Water utility" means a main line or other integral part of a sewer or water 
utility service.
(ii)
"Water utility" does not include a retail water line or sewer lateral.
(2)
A municipality may not require a private individual or entity, including a community 
association or homeowners association, to maintain or be responsible for a public access 
amenity or water utility in perpetuity unless:
(a)
the public access amenity is a sidewalk adjacent to a private property owned by the 
private individual or entity; or
(b)
the private individual or entity agreed to maintain or be responsible for the public 
access amenity or water utility in perpetuity in a covenant, utility service agreement, 
development agreement, or other agreement between the municipality and the private 
individual or entity.
Section 40, Section 
10-9a-509
 is amended to read:
10-9a-509 (Effective 05/07/25). Applicant's entitlement to land use application 
approval -- Municipality's requirements and limitations -- Vesting upon submission of 
development plan and schedule.
(1)
(a)
(i)
An applicant who has submitted a complete land use application as 
described in Subsection 
(1)(c)
(1)(d)
, including the payment of all application 
fees, is entitled to substantive review of the application under the land use 
regulations:
(A)
in effect on the date that the application is complete; and
(B)
applicable to the application or to the information shown on the application.
(ii)
An applicant is entitled to approval of a land use application if the application 
conforms to the requirements of the applicable land use regulations, land use 
decisions, and development standards in effect when the applicant submits a 
complete application and pays application fees, unless:
(A)
the land use authority, on the record, formally finds that a compelling, 
countervailing public interest would be jeopardized by approving the 
application and specifies the compelling, countervailing public interest in 
writing; or
(B)
in the manner provided by local ordinance and before the applicant submits 
the application, the municipality formally initiates proceedings to amend the 
municipality's land use regulations in a manner that would prohibit approval of 
the application as submitted.
(b)
The municipality shall process an application without regard to proceedings the 
municipality initiated to amend the municipality's ordinances as described in 
Subsection (1)(a)(ii)(B) if:
(i)
180 days have passed since the municipality initiated the proceedings; and
(ii)
(A)
the proceedings have not resulted in an enactment that prohibits approval 
of the application as submitted; or
(B)
during the 12 months prior to the municipality processing the application, or 
multiple applications of the same type, are impaired or prohibited under the 
terms of a temporary land use regulation adopted under Section 
10-9a-504
.
(c)
(i)
If a state or local land use regulation is adopted or amended following the date 
on which an applicant becomes entitled to substantive review of an application, as 
described in Subsection 
(1)(a)
(i), the applicant may elect in writing to have the 
application reviewed for compliance with the new state or local land use 
regulation.
(ii)
If an applicant makes the election described in Subsection 
(1)
(c)(i)
, the 
municipality shall process the application in accordance with the new state or 
local land use regulation.
(iii)
If an applicant does not make the election described in Subsection 
(1)
(c)(i)
within 30 days after the day on which the applicant submitted the complete land 
use application or the new state or local land use regulation goes into effect, 
whichever occurs later, the municipality is not required to process the application 
in accordance with the new state or local land use regulation.
(c)
(d)
A land use application is considered submitted and complete when the applicant 
provides the application in a form that complies with the requirements of applicable 
ordinances and pays all applicable fees.
(d)
(e)
A subsequent incorporation of a municipality or a petition that proposes the 
incorporation of a municipality does not affect a land use application approved by a 
county in accordance with Section 
17-27a-508
.
(e)
(f)
Unless a phasing sequence is required in an executed development agreement, a 
municipality shall, without regard to any other separate and distinct land use 
application, accept and process a complete land use application.
(f)
(g)
The continuing validity of an approval of a land use application is conditioned 
upon the applicant proceeding after approval to implement the approval with 
reasonable diligence.
(g)
(h)
A municipality may not impose on an applicant who has submitted a complete 
application a requirement that is not expressed in:
(i)
this chapter;
(ii)
a municipal ordinance in effect on the date that the applicant submits a complete 
application, subject to Subsection 
10-9a-509
(1)(a)(ii); or
(iii)
a municipal specification for public improvements applicable to a subdivision or 
development that is in effect on the date that the applicant submits an application.
(h)
(i)
A municipality may not impose on a holder of an issued land use permit or a 
final, unexpired subdivision plat a requirement that is not expressed:
(i)
in a land use permit;
(ii)
on the subdivision plat;
(iii)
in a document on which the land use permit or subdivision plat is based;
(iv)
in the written record evidencing approval of the land use permit or subdivision 
plat;
(v)
in this chapter;
(vi)
in a municipal ordinance; or
(vii)
in a municipal specification for residential roadways in effect at the time a 
residential subdivision was approved.
(i)
(j)
Except as provided in Subsection 
(1)(j) or (k)
(1)(k) or (l)
, a municipality may 
not withhold issuance of a certificate of occupancy or acceptance of subdivision 
improvements because of an applicant's failure to comply with a requirement that is 
not expressed:
(i)
in the building permit or subdivision plat, documents on which the building permit 
or subdivision plat is based, or the written record evidencing approval of the land 
use permit or subdivision plat; or
(ii)
in this chapter or the municipality's ordinances.
(j)
(k)
A municipality may not unreasonably withhold issuance of a certificate of 
occupancy where an applicant has met all requirements essential for the public 
health, public safety, and general welfare of the occupants, in accordance with this 
chapter, unless:
(i)
the applicant and the municipality have agreed in a written document to the 
withholding of a certificate of occupancy; or
(ii)
the applicant has not provided a financial assurance for required and uncompleted 
public landscaping improvements or infrastructure improvements in accordance 
with an applicable ordinance that the legislative body adopts 
under
consistent 
with
 this chapter.
(k)
(l)
A municipality may not conduct a final inspection required before issuing a 
certificate of occupancy for a residential unit that is within the boundary of an 
infrastructure financing district, as defined in Section 
17B-1-102
, until the applicant 
for the certificate of occupancy provides adequate proof to the municipality that any 
lien on the unit arising from the infrastructure financing district's assessment against 
the unit under Title 11, Chapter 42, Assessment Area Act, has been released after 
payment in full of the infrastructure financing district's assessment against that unit.
(m)
A municipality:
(i)
may require the submission of a private landscaping plan, as defined in Section 
10-9a-604.5
, before landscaping is installed; and
(ii)
may not withhold an applicant's building permit or certificate of occupancy 
because the applicant has not submitted a private landscaping plan.
(2)
A municipality is bound by the terms and standards of applicable land use regulations 
and shall comply with mandatory provisions of those regulations.
(3)
A municipality may not, as a condition of land use application approval, require a 
person filing a land use application to obtain documentation regarding a school district's 
willingness, capacity, or ability to serve the development proposed in the land use 
application.
(4)
Upon a specified public agency's submission of a development plan and schedule as 
required in Subsection 
10-9a-305
(8) that complies with the requirements of that 
subsection, the specified public agency vests in the municipality's applicable land use 
maps, zoning map, hookup fees, impact fees, other applicable development fees, and 
land use regulations in effect on the date of submission.
(5)
(a)
If sponsors of a referendum timely challenge a project in accordance with 
Subsection 
20A-7-601
(6), the project's affected owner may rescind the project's land 
use approval by delivering a written notice:
(i)
to the local clerk as defined in Section 
20A-7-101
; and
(ii)
no later than seven days after the day on which a petition for a referendum is 
determined sufficient under Subsection 
20A-7-607
(5).
(b)
Upon delivery of a written notice described in Subsection (5)(a) the following are 
rescinded and are of no further force or effect:
(i)
the relevant land use approval; and
(ii)
any land use regulation enacted specifically in relation to the land use approval.
(6)
(a)
After issuance of a building permit, a municipality may not:
(i)
change or add to the requirements expressed in the building permit, unless the 
change or addition is:
(A)
requested by the building permit holder; or
(B)
necessary to comply with an applicable state building code; or
(ii)
revoke the building permit or take action that has the effect of revoking the 
building permit.
(b)
Subsection (6)(a) does not prevent a municipality from issuing a building permit that 
contains an expiration date defined in the building permit.
Section 41, Section 
10-9a-509.5
 is amended to read:
10-9a-509.5 (Effective 05/07/25). Review for application completeness -- 
Substantive application review -- Reasonable diligence required for determination of 
whether improvements or warranty work meets standards -- Money damages claim 
prohibited.
(1)
(a)
Each municipality shall, in a timely manner, determine whether a land use 
application is complete for the purposes of subsequent, substantive land use authority 
review.
(b)
After a reasonable period of time to allow the municipality diligently to evaluate 
whether all objective ordinance-based application criteria have been met, if 
application fees have been paid, the applicant may in writing request that the 
municipality provide a written determination either that the application is:
(i)
complete for the purposes of allowing subsequent, substantive land use authority 
review; or
(ii)
deficient with respect to a specific, objective, ordinance-based application 
requirement.
(c)
Within 30 days of receipt of an applicant's request under this section, the 
municipality shall either:
(i)
mail a written notice to the applicant advising that the application is deficient with 
respect to a specified, objective, ordinance-based criterion, and stating that the 
application shall be supplemented by specific additional information identified in 
the notice; or
(ii)
accept the application as complete for the purposes of further substantive 
processing by the land use authority.
(d)
If the notice required by Subsection 
(1)(c)(i)
 is not timely mailed, the application 
shall be considered complete, for purposes of further substantive land use authority 
review.
(e)
(i)
The applicant may raise and resolve in a single appeal any determination made 
under this Subsection 
(1)
 to the appeal authority, including an allegation that a 
reasonable period of time has elapsed under Subsection 
(1)(a)
(1)(b)
.
(ii)
The appeal authority shall issue a written decision for any appeal requested under 
this Subsection 
(1)(e)
.
(f)
(i)
The applicant may appeal to district court the decision of the appeal authority 
made under Subsection 
(1)(e)
.
(ii)
Each appeal under Subsection 
(1)(f)(i)
 shall be made within 30 days of the date of 
the written decision.
(2)
(a)
Each land use authority shall substantively review a complete application and an 
application considered complete under Subsection 
(1)(d)
, and shall approve or deny 
each application with reasonable diligence.
(b)
After a reasonable period of time to allow the land use authority to consider an 
application, the applicant may in writing request that the land use authority take final 
action within 45 days from date of service of the written request.
(c)
Within 45 days from the date of service of the written request described in 
Subsection 
(2)(b)
:
(i)
except as provided in Subsection 
(2)(c)(ii)
, the land use authority shall take final 
action, approving or denying the application; and
(ii)
if a landowner petitions for a land use regulation, a legislative body shall take 
final action by approving or denying the petition.
(d)
If the land use authority denies an application processed under the mandates of 
Subsection 
(2)(b)
, or if the applicant has requested a written decision in the 
application, the land use authority shall include its reasons for denial in writing, on 
the record, which may include the official minutes of the meeting in which the 
decision was rendered.
(e)
If the land use authority fails to comply with Subsection 
(2)(c)
, the applicant may 
appeal this failure to district court within 30 days of the date on which the land use 
authority is required to take final action under Subsection 
(2)(c)
.
(3)
(a)
As used in this Subsection (3), an "infrastructure improvement category" includes:
(i)
a culinary water system;
(ii)
a sanitary sewer system;
(iii)
a storm water system;
(iv)
a transportation system;
(v)
a secondary and irrigation water system;
(vi)
a public landscaping; or
(vii)
public parks, trails, or open space.
(b)
With reasonable diligence, each land use authority shall determine whether the 
installation of required subdivision improvements or the performance of warranty 
work meets the municipality's adopted standards.
(b)
(c)
(i)
An applicant may in writing request the land use authority to accept or 
reject the applicant's installation of required subdivision improvements or 
performance of warranty work.
(ii)
The land use authority shall accept or reject subdivision improvements within 15 
days after receiving an applicant's written request under Subsection 
(3)(b)(i)
(3)(c)(i)
, or as soon as practicable after that 15-day period if inspection of the 
subdivision improvements is impeded by winter weather conditions.
(iii)
The 
Except as provided in Subsection 
(3)(c)
(vi), (3)(d), or (3)(e), the 
land use 
authority shall accept or reject the performance of warranty work within
 45 days 
after receiving an applicant's written request under Subsection 
(3)(b)(i)
, or as soon 
as practicable after that 45-day period if inspection of the warranty work is 
impeded by winter weather conditions
:
(A)
for a city of a first, second, third, or fourth class, 15 days after the day on 
which the land use authority receives an applicant's written request under 
Subsection 
(3)(c)(i)
; and
(B)
for a city of the fifth class or a town, 30 days after the day on which the land 
use authority receives an applicant's written request under Subsection (3)(c)(i)
.
(iv)
If winter weather conditions do not reasonably permit a full and complete 
inspection of warranty work within the relevant time period described in 
Subsection 
(3)(c)
(iii) so the land authority is able to accept or reject the warranty 
work, the land use authority shall:
(A)
notify the applicant in writing before the end of the applicable time period 
described in Subsection (3)(c)(iii)(A) or (3)(c)(iii)(B) that, because of winter 
weather conditions, the land use authority will require additional time to accept 
or reject the performance of warranty work; and
(B)
complete the inspection of the performance of warranty work and provide the 
applicant with an acceptance or rejection as soon as practicable.
(c)
(d)
If a land use authority rejects an applicant's performance of warranty work three 
times, the municipality may take 15 days in addition to the relevant time period 
described in Subsection (3)(c)(iii) for subsequent inspections of the applicant's 
warranty work.
(e)
(i)
If extraordinary circumstances do not permit a land use authority to complete 
inspection of warranty work within the relevant time period described in 
Subsection (3)(c)(iii) so the land authority is able to accept or reject the warranty 
work, the land use authority shall:
(A)
notify the applicant in writing before the end of the applicable time period 
described in Subsection (3)(c)(iii)(A) or (3)(c)(iii)(B) that, because of the 
extraordinary circumstances, the land use authority requires additional time to 
accept or reject the performance of warranty work; and
(B)
complete the inspection of the performance of warranty work and provide the 
applicant with an acceptance or rejection within 30 days after the day on which 
the relevant time period described in Subsection (3)(c)(iii)(A) or (3)(c)(iii)(B) 
ends.
(ii)
The following situations constitute extraordinary circumstances for purposes of 
Subsection 
(3)(e)(i)
:
(A)
the land use authority is processing a request for inspection that substantially 
exceeds the normal scope of inspection the municipality is customarily 
required to perform;
(B)
the applicant has provided two or more written requests described in 
Subsection 
(3)(c)(i)
 within the same 30-day time period; or
(C)
the land use authority is processing an unusually large number of written 
requests described in Subsection 
(3)(c)(i)
 to accept or reject subdivision 
improvements or performance of warranty work.
(f)
(i)
If a land use authority determines that the installation of required subdivision 
improvements or the performance of warranty work does not meet the 
municipality's adopted standards, the land use authority shall
, within 15 days of 
the day on which the land use authority makes the determination,
comprehensively and with specificity list the reasons for the land use authority's 
determination.
(ii)
If the land use authority fails to provide an applicant with the list described in 
Subsection 
(3)(f)(i)
 within the required time period:
(A)
the applicant may send written notice to the land use authority requesting the 
list within five days; and
(B)
if the applicant does not receive the list within five days from the day on 
which the applicant provides the land use authority with written notice as 
described in Subsection (3)(f)(ii)(A), the applicant may demand, and the land 
use authority shall provide, a reimbursement equal to 20% of the applicant's 
improvement completion assurance or security for the warranty work within 
each infrastructure improvement category.
(g)
Subject to the provisions of Section 
10-9a-604.5
:
(i)
within 15 days of the day on which the land use authority determines that an 
infrastructure improvement within a certain infrastructure improvement category, 
as described in Subsection 
(3)(a)
, meets the municipality's adopted standards for 
that category of infrastructure improvement and an applicant submits complete 
as-built drawings to the land use authority, whichever occurs later, the land use 
authority shall return to the applicant 90% of the applicant's improvement 
completion assurance allocated toward that infrastructure improvement category; 
and
(ii)
within 15 days of the day on which the warranty period expires and the land use 
authority determines that an infrastructure improvement within a certain 
infrastructure improvement category, as described in Subsection (3)(a), meets the 
municipality's adopted standards for that category of infrastructure improvement, 
the land use authority shall return to the applicant the remaining 10% of the 
applicant's improvement completion assurance allocated toward that infrastructure 
improvement category, plus any remaining portion of a bond described in 
Subsection 
10-9a-604.5(5)(b)
.
(h)
A municipality's return of an applicant's improvement completion assurance or 
security for an improvement warranty under this Subsection 
(3)
 is an administrative 
act.
(4)
Subject to Section 
10-9a-509
, nothing in this section and no action or inaction of the 
land use authority relieves an applicant's duty to comply with all applicable substantive 
ordinances and regulations.
(5)
There shall be no money damages remedy arising from a claim under this section.
Section 42, Section 
10-9a-509.7
 is amended to read:
10-9a-509.7 (Effective 05/07/25). Transferable development rights.
(1)
A municipality may adopt an ordinance:
(a)
designating sending zones and receiving zones
 located wholly
 within the 
municipality; 
(b)
designating a sending zone if the area described in the sending zone is located at 
least in part within the municipality and the area described in the sending zone is 
located outside the municipality complies with Subsection (2);
(c)
designating a receiving zone if the area described in the receiving zone is located at 
least in part within the municipality and the area described in the receiving zone that 
is located outside the municipality complies with Subsection 
(2)
; 
and
(b)
(d)
allowing the transfer of a transferable development right from a sending zone to 
a receiving zone.
(2)
A municipality may adopt an ordinance designating a sending zone or receiving zone 
that is located, in part, in another municipality or unincorporated county if:
(a)
the legislative body of every municipality or county with land inside the sending 
zone or receiving zone adopts an identical ordinance designating the sending zone or 
receiving zone; and
(b)
the area described in the sending zone or receiving zone is contiguous.
(2)
(3)
A municipality may not allow the use of a transferable development right unless the 
municipality adopts an ordinance described in Subsection 
(1)
.
Section 43, Section 
10-9a-510
 is amended to read:
10-9a-510 (Effective 05/07/25). Limit on fees -- Requirement to itemize fees -- 
Appeal of fee -- Provider of culinary or secondary water.
(1)
A municipality may 
not 
impose or collect a fee for reviewing or approving the plans 
for a commercial or residential building
 that exceeds
, not to exceed
 the lesser of:
(a)
the actual cost of performing the plan review; and
(b)
65% of the amount the municipality charges for a building permit fee for that 
building.
(2)
(a)
Subject to Subsection 
(1)
(2)(b)
, a municipality may impose and collect 
only 
a 
nominal 
fee for reviewing and approving identical 
floor 
plans
, as described in 
Section 
10-9a-541
, not to exceed the lesser of:
(i)
the actual cost of performing the plan review; or
(ii)
30% of the fee that would be imposed and collected under Subsection 
(1)
.
(b)
A municipality may impose and collect a fee for reviewing an original plan, as 
defined in Section 
10-9a-541
, that an applicant submits with the intent that the 
original plan be used as the basis for a future identical plan submission, the same as 
any other plan review fee under Subsection (1).
(3)
A municipality may not impose or collect a hookup fee that exceeds the reasonable cost 
of installing and inspecting the pipe, line, meter, and appurtenance to connect to the 
municipal water, sewer, storm water, power, or other utility system.
(4)
A municipality may not impose or collect:
(a)
a land use application fee that exceeds the reasonable cost of processing the 
application or issuing the permit; or
(b)
an inspection, regulation, or review fee that exceeds the reasonable cost of 
performing the inspection, regulation, or review.
(5)
(a)
If requested by an applicant who is charged a fee or an owner of residential 
property upon which a fee is imposed, the municipality shall provide an itemized fee 
statement that shows the calculation method for each fee.
(b)
If an applicant who is charged a fee or an owner of residential property upon which a 
fee is imposed submits a request for an itemized fee statement no later than 30 days 
after the day on which the applicant or owner pays the fee, the municipality shall no 
later than 10 days after the day on which the request is received provide or commit to 
provide within a specific time:
(i)
for each fee, any studies, reports, or methods relied upon by the municipality to 
create the calculation method described in Subsection 
(5)(a)
;
(ii)
an accounting of each fee paid;
(iii)
how each fee will be distributed; and
(iv)
information on filing a fee appeal through the process described in Subsection 
(5)(c)
.
(c)
A municipality shall establish a fee appeal process subject to an appeal authority 
described in 
Part 7, Appeal Authority and Variances
, and district court review in 
accordance with 
Part 8, District Court Review
, to determine whether a fee reflects 
only the reasonable estimated cost of:
(i)
regulation;
(ii)
processing an application;
(iii)
issuing a permit; or
(iv)
delivering the service for which the applicant or owner paid the fee.
(6)
A municipality may not impose on or collect from a public agency any fee associated 
with the public agency's development of its land other than:
(a)
subject to Subsection 
(4)
, a fee for a development service that the public agency does 
not itself provide;
(b)
subject to Subsection 
(3)
, a hookup fee; and
(c)
an impact fee for a public facility listed in Subsection 
11-36a-102(17)(a)
, 
(b)
, 
(c)
, 
(d)
, 
(e)
, or 
(g)
, subject to any applicable credit under Subsection 
11-36a-402(2)
.
(7)
A provider of culinary or secondary water that commits to provide a water service 
required by a land use application process is subject to the following as if it were a 
municipality:
(a)
Subsections 
(5)
 and 
(6)
;
(b)
Section 
10-9a-508
; and
(c)
Section 
10-9a-509.5
.
Section 44, Section 
10-9a-529
 is amended to read:
10-9a-529 (Effective 05/07/25). Specified public utility located in a municipal 
utility easement.
A specified public utility may exercise each power of a public utility under Section 
54-3-27
 if the specified public utility uses an easement:
(1)
with the consent of a municipality; and
(2)
that is located within a municipal utility easement described in Subsections 
10-9a-103
(42)(a)
10-9a-103(43)(a)
 through (e).
Section 45, Section 
10-9a-536
 is amended to read:
10-9a-536 (Effective 05/07/25). Water wise landscaping -- Municipal landscaping 
regulations.
(1)
As used in this section:
(a)
"Lawn or turf" means nonagricultural land planted in closely mowed, managed 
grasses.
(b)
"Mulch" means material such as rock, bark, wood chips, or other materials left loose 
and applied to the soil.
(c)
"Overhead spray irrigation" means above ground irrigation heads that spray water 
through a nozzle.
(d)
"Private landscaping plan" means the same as that term is defined in Section 
10-9a-604.5
.
(d)
(e)
(i)
"Vegetative coverage" means the ground level surface area covered by the 
exposed leaf area of a plant or group of plants at full maturity.
(ii)
"Vegetative coverage" does not mean the ground level surface area covered by 
the exposed leaf area of a tree or trees.
(e)
(f)
"Water wise landscaping" means any or all of the following:
(i)
installation of plant materials suited to the microclimate and soil conditions that 
can:
(A)
remain healthy with minimal irrigation once established; or
(B)
be maintained without the use of overhead spray irrigation;
(ii)
use of water for outdoor irrigation through proper and efficient irrigation design 
and water application; or
(iii)
use of other landscape design features that:
(A)
minimize the need of the landscape for supplemental water from irrigation; or
(B)
reduce the landscape area dedicated to lawn or turf.
(2)
A municipality may not enact or enforce an ordinance, resolution, or policy that 
prohibits, or has the effect of prohibiting, a property owner from incorporating water 
wise landscaping on the property owner's property.
(3)
(a)
Subject to Subsection (3)(b), Subsection (2) does not prohibit a municipality from 
requiring a property owner to:
(i)
comply with a site plan review
, private landscaping plan review,
 or other review 
process before installing water wise landscaping;
(ii)
maintain plant material in a healthy condition; and
(iii)
follow specific water wise landscaping design requirements adopted by the 
municipality, including a requirement that:
(A)
restricts or clarifies the use of mulches considered detrimental to municipal 
operations;
(B)
imposes minimum or maximum vegetative coverage standards; or
(C)
restricts or prohibits the use of specific plant materials.
(b)
A municipality may not require a property owner to install or keep in place lawn or 
turf in an area with a width less than eight feet.
(4)
A municipality may require a seller of a newly constructed residence to inform the first 
buyer of the newly constructed residence of a municipal ordinance requiring water wise 
landscaping.
(5)
A municipality shall report to the Division of Water Resources the existence, enactment, 
or modification of an ordinance, resolution, or policy that implements regional-based 
water use efficiency standards established by the Division of Water Resources by rule 
under Section 
73-10-37
.
(6)
A municipality may enforce a municipal landscaping ordinance in compliance with this 
section.
Section 46, Section 
10-9a-541
 is enacted to read:
10-9a-541 (Effective 05/07/25). Identical plan review -- Process -- Indexing of 
plans -- Prohibitions.
(1)
As used in this section:
(a)
"Business day" means Monday, Tuesday, Wednesday, Thursday, or Friday, unless 
the day falls on a federal, state, or municipal holiday.
(b)
"Nonidentical plan" means a plan that does not meet the definition of an identical 
plan in Section 
10-9a-103
.
(c)
"Original plan" means a floor plan that an applicant intends to:
(i)
replicate in the future; and
(ii)
use as the basis for the submission of an identical plan.
(2)
An applicant may submit, and a municipality shall review, an identical plan as described 
in this section.
(3)
At the time of submitting an identical plan for review to a municipality, an applicant 
shall:
(a)
mark the floor plan as "identical plans";
(b)
identify in writing:
(i)
the building permit number the municipality issued for the original plan:
(A)
that was previously approved by the municipality; and
(B)
to which the submitted floor plan qualifies as an identical plan; or
(ii)
the identifying index number assigned by the municipality to the original plan, as 
described in Subsection 
(5)(b)
; and
(c)
identify the site on which the applicant intends to implement the identical plan.
(4)
Beginning May 7, 2025, an applicant that intends to submit an identical plan for review 
to a municipality shall:
(a)
indicate, at the time of submitting an original plan to the municipality for review and 
approval, that the applicant intends to use the original plan as the basis for submitting 
a future identical plan if the original plan is approved by the municipality; and
(b)
identify:
(i)
the name or other identifier of the original plan; and
(ii)
the zone the building will be located in, if the municipality approves the original 
plan.
(5)
Upon approving an original plan and receiving the information described in Subsection 
(5), a municipality shall:
(a)
file and index the original plan for future reference against an identical plan later 
submitted under Subsection 
(2)
; and
(b)
provide the applicant with an identifying index number for the original plan.
(6)
A municipality that receives a submission under Subsection 
(2)
 shall review and 
compare the submitted identical plan to the original plan to ensure the identical plan and 
original plan are:
(a)
substantially identical; and
(b)
no structural changes have been made from the original plan.
(7)
Nothing in this section prohibits a municipality from conducting a site review and 
requiring geological analysis of the proposed site identified by the applicant under 
Subsection (3)(c).
(8)
A municipality shall:
(a)
review a submitted identical plan for compliance with this section; and
(b)
approve or reject the identical plan within two business days after the day on which 
the identical plan was submitted under Subsection (2).
(9)
An applicant that submits a nonidentical plan to a municipality as an identical plan, with 
knowledge that the nonidentical plan does not qualify as an identical plan and with 
intent to deceive the municipality:
(a)
may be fined by the municipality receiving the submission of the nonidentical plan:
(i)
in an amount not to exceed three times the building permit fee, if the municipality 
approved the nonidentical plan as an identical plan before discovering the 
submission did not qualify as an identical plan; or
(ii)
in an amount equal to the building permit fee that would have been issued for the 
nonidentical plan, if the municipality did not approve the nonidentical plan before 
discovering the submission did not qualify as an identical plan; and
(b)
is prohibited from submitting an identical plan for review and approval under this 
section for a period of two years from the day on which the municipality discovers 
the nonidentical plan identified as an identical plan in the applicant's submission did 
not qualify as an identical plan.
(10)
A municipality may impose a criminal penalty, as described in Section 
10-3-703
, for 
an applicant that knowingly violates the prohibition described in Subsection (9)(b).
Section 47, Section 
10-9a-604.5
 is amended to read:
10-9a-604.5 (Effective 05/07/25). Subdivision plat recording or development 
activity before required landscaping or infrastructure is completed -- Improvement 
completion assurance -- Improvement warranty.
(1)
As used in this section
,
:
(a)
"Private landscaping plan" means a proposal:
(i)
to install landscaping on a lot owned by a private individual or entity; and
(ii)
submitted to a municipality by the private individual or entity, or on behalf of a 
private individual or entity, that owns the lot.
(b)
"public 
"Public 
landscaping improvement" means landscaping that an applicant is 
required to install to comply with published installation and inspection specifications 
for public improvements that:
(a)
(i)
will be dedicated to and maintained by the municipality; or
(b)
(ii)
are associated with and proximate to trail improvements that connect to 
planned or existing public infrastructure.
(2)
A land use authority shall establish objective inspection standards for acceptance of a 
public landscaping improvement or infrastructure improvement that the land use 
authority requires.
(3)
(a)
Before 
Except as provided in Subsection 
(3)(d)
 or (e), before 
an applicant 
conducts any development activity or records a plat, the applicant shall:
(i)
complete any required public landscaping improvements or infrastructure 
improvements; or
(ii)
post an improvement completion assurance for any required public landscaping 
improvements or infrastructure improvements.
(b)
If an applicant elects to post an improvement completion assurance, the applicant 
shall 
in accordance with Subsection 
(5)
provide completion assurance for:
(i)
completion of 100% of the required public landscaping improvements or 
infrastructure improvements; or
(ii)
if the municipality has inspected and accepted a portion of the public landscaping 
improvements or infrastructure improvements, 100% of the incomplete or 
unaccepted public landscaping improvements or infrastructure improvements.
(c)
A municipality shall:
(i)
establish a minimum of two acceptable forms of completion assurance;
(ii)
(A)
if an applicant elects to post an improvement completion assurance, allow 
the applicant to post an assurance that meets the conditions of this 
title,
chapter
and any local ordinances;
 and
(B)
if a municipality accepts cash deposits as a form of completion assurance and 
applicant elects to post a cash deposit as a form of completion assurance, place 
the cash deposit in an interest-bearing account upon receipt and return any 
earned interest to the applicant with the return of the completion assurance 
according to the conditions of this chapter and any local ordinances;
(iii)
establish a system for the partial release of an improvement completion 
assurance as portions of required public landscaping improvements or 
infrastructure improvements are completed and accepted in accordance with local 
ordinance; and
(iv)
issue or deny a building permit in accordance with Section 
10-9a-802
 based on 
the installation of public landscaping improvements or infrastructure 
improvements.
(d)
A municipality may not require an applicant to post an improvement completion 
assurance for:
(i)
public landscaping improvements or an infrastructure improvement that the 
municipality has previously inspected and accepted;
(ii)
infrastructure improvements that are private and not essential or required to meet 
the building code, fire code, flood or storm water management provisions, street 
and access requirements, or other essential necessary public safety improvements 
adopted in a land use regulation;
(iii)
in a municipality where ordinances require all infrastructure improvements 
within the area to be private, infrastructure improvements within a development 
that the municipality requires to be private;
 or
(iv)
landscaping improvements that are not public landscaping improvements, unless 
the landscaping improvements and completion assurance are required under the 
terms of a development agreement
.
;
(v)
a private landscaping plan;
(vi)
landscaping improvements or infrastructure improvements that an applicant 
elects to install at the applicant's own risk:
(A)
before the plat is recorded;
(B)
pursuant to inspections required by the municipality for the infrastructure 
improvement; and
(C)
pursuant to final civil engineering plan approval by the municipality; or
(vii)
any individual public landscaping improvement or individual infrastructure 
improvement when the individual public landscaping improvement or individual 
infrastructure improvement is also included as part of a separate improvement 
completion assurance.
(e)
(i)
A municipality may not:
(A)
prohibit an applicant from installing a public landscaping improvement or an 
infrastructure improvement when the municipality has approved final civil 
engineering plans for the development activity or plat for which the public 
landscaping improvement or infrastructure improvement is required; or
(B)
require an applicant to sign an agreement, release, or other document 
inconsistent with this chapter as a condition of posting an improvement 
completion assurance or a security for an improvement warranty.
(ii)
Notwithstanding Subsection 
(3)
(e)(i)(A), public infrastructure improvements and 
infrastructure improvements that are installed by an applicant are subject to 
inspection by the municipality in accordance with the municipality's adopted 
inspection standards.
(f)
(i)
Each improvement completion assurance and improvement warranty posted by 
an applicant with a municipality shall be independent of any other improvement 
completion assurance or improvement warranty posted by the same applicant with 
the municipality.
(ii)
Subject to Section 
10-9a-509.5
, if an applicant has posted a form of security with 
a municipality for more than one infrastructure improvement or public 
landscaping improvement, the municipality may not withhold acceptance of an 
applicant's required subdivision improvements, public landscaping improvement, 
infrastructure improvements, or the performance of warranty work for the same 
applicant's failure to complete a separate subdivision improvement, public 
landscaping improvement, infrastructure improvement, or warranty work under a 
separate improvement completion assurance or improvement warranty.
(4)
(a)
Except as provided in Subsection (4)(c), as a condition for increased density or 
other entitlement benefit not currently available under the existing zone, a 
municipality may require a completion assurance bond for landscaped amenities and 
common area that are dedicated to and maintained by a homeowners association.
(b)
Any agreement regarding a completion assurance bond under Subsection (4)(a) 
between the applicant and the municipality shall be memorialized in a development 
agreement.
(c)
A municipality may not require a completion assurance bond for or dictate who 
installs or is responsible for the cost of the landscaping of residential lots or the 
equivalent open space surrounding single-family attached homes, whether platted as 
lots or common area.
(5)
The sum of the improvement completion assurance required under Subsections (3) and 
(4) may not exceed the sum of:
(a)
100% of the estimated cost of the public landscaping improvements or infrastructure 
improvements, as evidenced by an engineer's estimate or licensed contractor's bid; 
and
(b)
10% of the amount of the bond to cover administrative costs incurred by the 
municipality to complete the improvements, if necessary.
(6)
(a)
At any time before a municipality accepts a public landscaping improvement or 
infrastructure improvement, 
Upon an applicant's written request that the land use 
authority accept or reject the applicant's installation of required subdivision 
improvements or performance of warranty work as set forth in Section 
10-9a-509.5
, 
and for the duration of each improvement warranty period, the municipality may 
require the applicant to:
(a)
(i)
execute an improvement warranty for the improvement warranty period; and
(b)
(ii)
post a cash deposit, surety bond, letter of credit, or other similar security, as 
required by the municipality, in the amount of up to 10% of the lesser of the:
(i)
(A)
municipal engineer's original estimated cost of completion; or
(ii)
(B)
applicant's reasonable proven cost of completion.
(7)
(b)
A municipality may not require the payment of the deposit of the improvement 
warranty assurance described in Subsection 
(6)(a)
(i) for an infrastructure 
improvement or public landscaping improvement before the applicant indicates 
through written request that the applicant has completed the infrastructure 
improvement or public landscaping improvement.
(7)
When a municipality accepts an improvement completion assurance for public 
landscaping improvements or infrastructure improvements for a development in 
accordance with Subsection (3)(c)(ii), the municipality may not deny an applicant a 
building permit if the development meets the requirements for the issuance of a building 
permit under the building code and fire code.
(8)
A municipality may not require the submission of a private landscaping plan as part of 
an application for subdivision approval, plat approval, or subdivision improvement.
(8)
(9)
The provisions of this section do not supersede the terms of a valid development 
agreement, an adopted phasing plan, or the state construction code.
Section 48, Section 
10-9a-701
 is amended to read:
10-9a-701 (Effective 05/07/25). Appeal authority required -- Condition precedent 
to judicial review -- Appeal authority duties.
(1)
(a)
Each municipality adopting a land use ordinance shall, by ordinance, establish one 
or more appeal authorities.
(b)
An appeal authority described in Subsection 
(1)(a)
 shall hear and decide:
(i)
requests for variances from the terms of land use ordinances;
(ii)
appeals from land use decisions applying land use ordinances; and
(iii)
appeals from a fee charged in accordance with Section 
10-9a-510
.
(c)
An appeal authority described in Subsection 
(1)(a)
 may not hear an appeal from the 
enactment of a land use regulation.
(2)
As a condition precedent to judicial review, each adversely affected party shall timely 
and specifically challenge a land use authority's land use decision, in accordance with 
local ordinance.
(3)
An appeal authority described in Subsection 
(1)(a)
:
(a)
shall:
(i)
act in a quasi-judicial manner; and
(ii)
serve as the final arbiter of issues involving the interpretation or application of 
land use ordinances; and
(b)
may not entertain an appeal of a matter in which the appeal authority, or any 
participating member, had first acted as the land use authority.
(4)
By ordinance, a municipality may:
(a)
designate a separate appeal authority to hear requests for variances than the appeal 
authority the municipality designates to hear appeals;
(b)
designate one or more separate appeal authorities to hear distinct types of appeals of 
land use authority decisions;
(c)
require an adversely affected party to present to an appeal authority every theory of 
relief that the adversely affected party can raise in district court;
(d)
not require a land use applicant or adversely affected party to pursue duplicate or 
successive appeals before the same or separate appeal authorities as a condition of an 
appealing party's duty to exhaust administrative remedies; and
(e)
provide that specified types of land use decisions may be appealed directly to the 
district court.
(5)
A municipality may not require a public hearing for a request for a variance or another 
land use appeal.
(6)
If the municipality establishes or, prior to the effective date of this chapter, has 
established a multiperson board, body, or panel to act as an appeal authority, at a 
minimum the board, body, or panel shall:
(a)
notify each of the members of the board, body, or panel of any meeting or hearing of 
the board, body, or panel;
(b)
provide each of the members of the board, body, or panel with the same information 
and access to municipal resources as any other member;
(c)
convene only if a quorum of the members of the board, body, or panel is present; and
(d)
act only upon the vote of a majority of the convened members of the board, body, or 
panel. 
Section 49, Section 
10-9a-802
 is amended to read:
10-9a-802 (Effective 05/07/25). Enforcement -- Limitations on a municipality's 
ability to enforce an ordinance by withholding a permit or certificate.
(1)
(a)
A municipality or an adversely affected party may, in addition to other remedies 
provided by law, institute:
(i)
injunctions, mandamus, abatement, or any other appropriate actions; or
(ii)
proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
(b)
A municipality need only establish the violation to obtain the injunction.
(2)
(a)
Except as provided in Subsections (3) 
and (4)
though (6)
, a municipality may 
enforce the municipality's ordinance by withholding a building permit
 or certificate 
of occupancy
.
(b)
It is an infraction to erect, construct, reconstruct, alter, or change the use of any 
building or other structure within a municipality without approval of a building 
permit.
(c)
A municipality may not issue a building permit unless the plans of and for the 
proposed erection, construction, reconstruction, alteration, or use fully conform to all 
regulations then in effect.
(d)
A municipality may require an applicant to install a permanent road, cover a 
temporary road with asphalt or concrete, or create another method for servicing a 
structure that is consistent with Appendix D of the International Fire Code, before 
receiving a certificate of occupancy for that structure.
(e)
A municipality may require an applicant to maintain and repair a temporary fire 
apparatus road during the construction of a structure accessed by the temporary fire 
apparatus road in accordance with the municipality's adopted standards.
(f)
A municipality may require temporary signs to be installed at each street intersection 
once construction of new roadway allows passage by a motor vehicle.
(g)
A municipality may adopt and enforce any appendix of the International Fire Code, 
2021 Edition.
(d)
(3)
(a)
A municipality may not deny an applicant a building permit or certificate of 
occupancy because the applicant has not completed an infrastructure improvement:
(i)
that is not 
unless the infrastructure improvement is 
essential to meet the 
requirements for the issuance of a building permit or certificate of occupancy 
under the building code and fire code; and
(ii)
for which the municipality has accepted an improvement completion assurance 
for a public landscaping improvement, as defined in Section 
10-9a-604.5
, or an 
infrastructure improvement for the development.
(b)
For purposes of Subsection 
(3)(a)(i)
, infrastructure improvement that is essential 
means:
(i)
operable fire hydrants installed in a manner that is consistent with the 
municipality's adopted engineering standards; and
(ii)
for temporary roads used during construction, properly compacted road base 
installed in a manner consistent with the municipality's adopted engineering 
standards.
(c)
A municipality may not adopt an engineering standard that requires an applicant to 
install a permanent road or a temporary road with asphalt or concrete before 
receiving a building permit.
(4)
A municipality may not require an applicant to sign an agreement, release, or other 
document inconsistent with this chapter as a condition of receiving a building permit.
(3)
(5)
A municipality may not deny an applicant a building permit or certificate of 
occupancy 
based on the lack of completion of a
for failure to:
(a)
submit a private landscaping plan, as defined in Section 
10-9a-604.5
; or
(b)
complete a
 landscaping improvement that is not a public landscaping improvement, 
as defined in Section 
10-9a-604.5
.
(4)
(6)
A municipality may not withhold a building permit based on the lack of completion 
of a portion of a public sidewalk to be constructed within a public right-of-way serving a 
lot where a single-family or two-family residence or town home is proposed in a 
building permit application if an improvement completion assurance has been posted for 
the incomplete portion of the public sidewalk.
(5)
(7)
A municipality may not prohibit the construction of a single-family or two-family 
residence or town home, withhold recording a plat, or withhold acceptance of a public 
landscaping improvement, as defined in Section 
10-9a-604.5
, or an infrastructure 
improvement based on the lack of installation of a public sidewalk if an improvement 
completion assurance has been posted for the public sidewalk.
(6)
(8)
A municipality may not redeem an improvement completion assurance securing the 
installation of a public sidewalk sooner than 18 months after the date the improvement 
completion assurance is posted.
(7)
(9)
A municipality shall allow an applicant to post an improvement completion 
assurance for a public sidewalk separate from an improvement completion assurance for:
(a)
another infrastructure improvement; or
(b)
a public landscaping improvement, as defined in Section 
10-9a-604.5
.
(8)
(10)
A municipality may withhold a certificate of occupancy for a single-family or 
two-family residence or town home until the portion of the public sidewalk to be 
constructed within a public right-of-way and located immediately adjacent to the 
single-family or two-family residence or town home is completed and accepted by the 
municipality.
Section 50, Section 
15A-5-205.6
 is amended to read:
15A-5-205.6 (Effective 05/07/25). Amendments and additions to Chapter 33 of 
IFC.
(1)
IFC, 
Chapter 33
, Section 3311.1, Required access, is deleted and rewritten as follows:
"3311.1 Required access.
3311.1.1 Approved vehicle access. Approved vehicle access for fire fighting shall be 
provided as described in 
Chapter 5
 of this code to all construction or demolition sites.
3311.1.2 Fire department connections. Vehicle access shall be provided to within 100 
feet of temporary or permanent fire department connections.
3311.1.3 Type of access. Vehicle access shall be provided by either temporary or 
permanent roads.
3311.3.1 Temporary road requirements. Temporary roads shall be constructed with a 
minimum of site specific required structural fill for permanent roads and road base, or other 
approved material complying with local standards.
3311.3.2 Reports. Compaction reports may be required. An engineer's review and 
certification of a temporary fire department access road is not required.
3311.3.3 Local jurisdictions. 
If an improvement completion assurance has been posted 
in accordance with Section 
10-9a-604.5
, a
A
 local jurisdiction may not require
:
(a)
permanent roads, or asphalt or concrete on temporary roads
,
 before final approval 
of the structure served by the road
 if an improvement completion assurance has been 
posted in accordance with Section 
10-9a-604.5
; or
(b)
permanent roads, or asphalt and concrete on temporary roads, during construction of the 
structure served by the road
.
3311.1.4 Maintenance. Temporary roads shall be maintained until permanent fire 
apparatus access roads are available.
3311.1.5 Time line. Temporary or permanent fire department access roads shall be 
functional before construction above the foundation begins and before an appreciable amount 
of combustible construction materials are on site."
(2)
IFC, 
Chapter 33
, Section 3311.2, Key boxes, is deleted.
(3)
Notwithstanding IFC 3311.3.1, a temporary road that meets the requirements of Section 
10-9a-802
 or 
17-27a-802
, and any local regulation adopted in accordance with Section 
10-9a-82
 or 
17-27a-802
, may be constructed.
Section 51, Section 
17-27a-102
 is amended to read:
17-27a-102 (Effective 05/07/25). Purposes -- General land use authority -- 
Limitations.
(1)
(a)
The purposes of this chapter are to:
(i)
provide for the health, safety, and welfare;
(ii)
promote the prosperity;
(iii)
improve the morals, peace, good order, comfort, convenience, and aesthetics of 
each county and each county's present and future inhabitants and businesses;
(iv)
protect the tax base;
(v)
secure economy in governmental expenditures;
(vi)
foster the state's agricultural and other industries;
(vii)
protect both urban and nonurban development;
(viii)
protect and ensure access to sunlight for solar energy devices;
(ix)
provide fundamental fairness in land use regulation;
(x)
facilitate orderly growth and allow growth in a variety of housing types; and
(xi)
protect property values.
(b)
Subject to Subsection 
(4)
 and Section 
11-41-103
, to accomplish the purposes of this 
chapter, a county may enact all ordinances, resolutions, and rules and may enter into 
other forms of land use controls and development agreements that the county 
considers necessary or appropriate for the use and development of land within the 
unincorporated area of the county or a designated mountainous planning district, 
including ordinances, resolutions, rules, restrictive covenants, easements, and 
development agreements governing:
(i)
uses;
(ii)
density;
(iii)
open spaces;
(iv)
structures;
(v)
buildings;
(vi)
energy-efficiency;
(vii)
light and air;
(viii)
air quality;
(ix)
transportation and public or alternative transportation;
(x)
infrastructure;
(xi)
street and building orientation and width requirements;
(xii)
public facilities;
(xiii)
fundamental fairness in land use regulation; and
(xiv)
considerations of surrounding land uses to balance the foregoing purposes with 
a landowner's private property interests and associated statutory and constitutional 
protections.
(2)
Each county shall comply with the mandatory provisions of this part before any 
agreement or contract to provide goods, services, or municipal-type services to any 
storage facility or transfer facility for high-level nuclear waste, or greater than class C 
radioactive waste, may be executed or implemented.
(3)
(a)
Any ordinance, resolution, or rule enacted by a county pursuant to its authority 
under this chapter shall comply with the state's exclusive jurisdiction to regulate oil 
and gas activity, as described in Section 
40-6-2.5
.
(b)
A county may enact an ordinance, resolution, or rule that regulates surface activity 
incident to an oil and gas activity if the county demonstrates that the regulation:
(i)
is necessary for the purposes of this chapter;
(ii)
does not effectively or unduly limit, ban, or prohibit an oil and gas activity; and
(iii)
does not interfere with the state's exclusive jurisdiction to regulate oil and gas 
activity, as described in Section 
40-6-2.5
.
(4)
(a)
This Subsection 
(4)
 applies to development agreements entered into on or after 
May 5, 2021.
(b)
A provision in a county development agreement is unenforceable if the provision 
requires an individual or an entity, as a condition for issuing building permits or 
otherwise regulating development activities within an unincorporated area of the 
county, to initiate a process for a municipality to annex the unincorporated area in 
accordance with 
Title 10, Chapter 2, Part 4, Annexation
Title 10, Chapter 2, Part 8, 
Annexation
.
(c)
Subsection 
(4)(b)
 does not affect or impair the enforceability of any other provision 
in the development agreement.
Section 52, Section 
17-27a-103
 is amended to read:
17-27a-103 (Effective 05/07/25). Definitions.
As used in this chapter:
(1)
"Accessory dwelling unit" means a habitable living unit added to, created within, or 
detached from a primary single-family dwelling and contained on one lot.
(2)
"Adversely affected party" means a person other than a land use applicant who:
(a)
owns real property adjoining the property that is the subject of a land use application 
or land use decision; or
(b)
will suffer a damage different in kind than, or an injury distinct from, that of the 
general community as a result of the land use decision.
(3)
"Affected entity" means a county, municipality, special district, special service district 
under Title 17D, Chapter 1, Special Service District Act, school district, interlocal 
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, 
specified property owner, property owner's association, public utility, or the Department 
of Transportation, if:
(a)
the entity's services or facilities are likely to require expansion or significant 
modification because of an intended use of land;
(b)
the entity has filed with the county a copy of the entity's general or long-range plan; 
or
(c)
the entity has filed with the county a request for notice during the same calendar year 
and before the county provides notice to an affected entity in compliance with a 
requirement imposed under this chapter.
(4)
"Affected owner" means the owner of real property that is:
(a)
a single project;
(b)
the subject of a land use approval that sponsors of a referendum timely challenged in 
accordance with Subsection 
20A-7-601
(6); and
(c)
determined to be legally referable under Section 
20A-7-602.8
.
(5)
"Appeal authority" means the person, board, commission, agency, or other body 
designated by ordinance to decide an appeal of a decision of a land use application or a 
variance.
(6)
"Billboard" means a freestanding ground sign located on industrial, commercial, or 
residential property if the sign is designed or intended to direct attention to a business, 
product, or service that is not sold, offered, or existing on the property where the sign is 
located.
(7)
"Building code adoption cycle" means the period of time beginning the day on which a 
specific edition of a construction code from a nationally recognized code authority is 
adopted until the day before a new edition of a construction code is adopted.
(7)
(8)
(a)
"Charter school" means:
(i)
an operating charter school;
(ii)
a charter school applicant that a charter school authorizer approves in accordance 
with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
(iii)
an entity that is working on behalf of a charter school or approved charter 
applicant to develop or construct a charter school building.
(b)
"Charter school" does not include a therapeutic school.
(8)
(9)
"Chief executive officer" means the person or body that exercises the executive 
powers of the county.
(9)
(10)
"Conditional use" means a land use that, because of the unique characteristics or 
potential impact of the land use on the county, surrounding neighbors, or adjacent land 
uses, may not be compatible in some areas or may be compatible only if certain 
conditions are required that mitigate or eliminate the detrimental impacts.
(10)
(11)
"Constitutional taking" means a governmental action that results in a taking of 
private property so that compensation to the owner of the property is required by the:
(a)
Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b)
Utah Constitution, Article I, Section 22.
(11)
(12)
"County utility easement" means an easement that:
(a)
a plat recorded in a county recorder's office described as a county utility easement or 
otherwise as a utility easement;
(b)
is not a protected utility easement or a public utility easement as defined in Section 
54-3-27
;
(c)
the county or the county's affiliated governmental entity owns or creates; and
(d)
(i)
either:
(A)
no person uses or occupies; or
(B)
the county or the county's affiliated governmental entity uses and occupies to 
provide a utility service, including sanitary sewer, culinary water, electrical, 
storm water, or communications or data lines; or
(ii)
a person uses or occupies with or without an authorized franchise or other 
agreement with the county.
(12)
(13)
"Culinary water authority" means the department, agency, or public entity with 
responsibility to review and approve the feasibility of the culinary water system and 
sources for the subject property.
(13)
(14)
"Development activity" means:
(a)
any construction or expansion of a building, structure, or use that creates additional 
demand and need for public facilities;
(b)
any change in use of a building or structure that creates additional demand and need 
for public facilities; or
(c)
any change in the use of land that creates additional demand and need for public 
facilities.
(14)
(15)
(a)
"Development agreement" means a written agreement or amendment to a 
written agreement between a county and one or more parties that regulates or controls 
the use or development of a specific area of land.
(b)
"Development agreement" does not include an improvement completion assurance.
(15)
(16)
(a)
"Disability" means a physical or mental impairment that substantially 
limits one or more of a person's major life activities, including a person having a 
record of such an impairment or being regarded as having such an impairment.
(b)
"Disability" does not include current illegal use of, or addiction to, any federally 
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 
U.S.C. Sec. 802.
(16)
(17)
"Educational facility":
(a)
means:
(i)
a school district's building at which pupils assemble to receive instruction in a 
program for any combination of grades from preschool through grade 12, 
including kindergarten and a program for children with disabilities;
(ii)
a structure or facility:
(A)
located on the same property as a building described in Subsection 
(16)(a)(i)
(17)(a)(i)
; and
(B)
used in support of the use of that building; and
(iii)
a building to provide office and related space to a school district's administrative 
personnel; and
(b)
does not include:
(i)
land or a structure, including land or a structure for inventory storage, equipment 
storage, food processing or preparing, vehicle storage or maintenance, or similar 
use that is:
(A)
not located on the same property as a building described in Subsection 
(16)(a)(i)
(17)(a)(i)
; and
(B)
used in support of the purposes of a building described in Subsection 
(16)(a)(i)
(17)(a)(i)
; or
(ii)
a therapeutic school.
(17)
(18)
"Fire authority" means the department, agency, or public entity with 
responsibility to review and approve the feasibility of fire protection and suppression 
services for the subject property.
(18)
(19)
"Flood plain" means land that:
(a)
is within the 100-year flood plain designated by the Federal Emergency Management 
Agency; or
(b)
has not been studied or designated by the Federal Emergency Management Agency 
but presents a likelihood of experiencing chronic flooding or a catastrophic flood 
event because the land has characteristics that are similar to those of a 100-year flood 
plain designated by the Federal Emergency Management Agency.
(19)
(20)
"Gas corporation" has the same meaning as defined in Section 
54-2-1
.
(20)
(21)
"General plan" means a document that a county adopts that sets forth general 
guidelines for proposed future development of:
(a)
the unincorporated land within the county; or
(b)
for a mountainous planning district, the land within the mountainous planning 
district.
(21)
(22)
"Geologic hazard" means:
(a)
a surface fault rupture;
(b)
shallow groundwater;
(c)
liquefaction;
(d)
a landslide;
(e)
a debris flow;
(f)
unstable soil;
(g)
a rock fall; or
(h)
any other geologic condition that presents a risk:
(i)
to life;
(ii)
of substantial loss of real property; or
(iii)
of substantial damage to real property.
(22)
(23)
"Home-based microschool" means the same as that term is defined in Section 
53G-6-201
.
(23)
(24)
"Hookup fee" means a fee for the installation and inspection of any pipe, line, 
meter, or appurtenance to connect to a county water, sewer, storm water, power, or other 
utility system.
(24)
(25)
(a)
"Identical plans" means 
building
floor
 plans submitted to a county that:
(a)
(i)
are 
clearly marked as "identical plans"
submitted within the same building 
code adoption cycle as floor plans that were previously approved by the county
;
(b)
(ii)
are substantially identical building 
have no structural differences from floor 
plans that were previously
 submitted to and reviewed and
 approved by the 
county; and
(c)
(iii)
describe a building that:
(i)
(A)
is located on land zoned the same as the land on which the building 
described in the previously approved plans is located;
(ii)
is subject to the same geological and meteorological conditions and the same law 
as the building described in the previously approved plans;
(iii)
(B)
has a
 substantially identical
 floor plan 
identical to the building
to a floor
plan previously 
submitted to and reviewed and 
approved by the county; and
(iv)
(C)
does not require any 
additional 
engineering or analysis
 beyond a 
cursory review to confirm the submitted floor plans are substantially identical 
to a floor plan previously approved by the county
.
(b)
"Identical plans" include floor plans that are oriented differently as the floor plan that 
was previously approved by the county.
(25)
(26)
"Impact fee" means a payment of money imposed under Title 11, Chapter 36a, 
Impact Fees Act.
(26)
(27)
"Improvement completion assurance" means a surety bond, letter of credit, 
financial institution bond, cash, assignment of rights, lien, or other equivalent security 
required by a county to guaranty the proper completion of landscaping or an 
infrastructure improvement required as a condition precedent to:
(a)
recording a subdivision plat; or
(b)
development of a commercial, industrial, mixed use, or multifamily project.
(27)
(28)
"Improvement warranty" means an applicant's unconditional warranty that the 
applicant's installed and accepted landscaping or infrastructure improvement:
(a)
complies with the county's written standards for design, materials, and workmanship; 
and
(b)
will not fail in any material respect, as a result of poor workmanship or materials, 
within the improvement warranty period.
(28)
(29)
"Improvement warranty period" means a period:
(a)
no later than one year after a county's acceptance of required
 public
 landscaping; or
(b)
no later than one year after a county's acceptance of required infrastructure, unless 
the county:
(i)
determines
, based on accepted industry standards and
 for good cause
,
 that a 
one-year period would be inadequate to protect the public health, safety, and 
welfare; and
(ii)
has substantial evidence, on record:
(A)
of prior poor performance by the applicant; or
(B)
that the area upon which the infrastructure will be constructed contains 
suspect soil and the county has not otherwise required the applicant to mitigate 
the suspect soil.
(29)
(30)
"Infrastructure improvement" means permanent infrastructure that is essential for 
the public health and safety or that:
(a)
is required for human consumption; and
(b)
an applicant must install:
(i)
in accordance with published installation and inspection specifications for public 
improvements; and
(ii)
as a condition of:
(A)
recording a subdivision plat;
(B)
obtaining a building permit; or
(C)
developing a commercial, industrial, mixed use, condominium, or multifamily 
project.
(30)
(31)
"Internal lot restriction" means a platted note, platted demarcation, or platted 
designation that:
(a)
runs with the land; and
(b)
(i)
creates a restriction that is enclosed within the perimeter of a lot described on 
the plat; or
(ii)
designates a development condition that is enclosed within the perimeter of a lot 
described on the plat.
(31)
(32)
"Interstate pipeline company" means a person or entity engaged in natural gas 
transportation subject to the jurisdiction of the Federal Energy Regulatory Commission 
under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(32)
(33)
"Intrastate pipeline company" means a person or entity engaged in natural gas 
transportation that is not subject to the jurisdiction of the Federal Energy Regulatory 
Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(33)
(34)
"Land use applicant" means a property owner, or the property owner's designee, 
who submits a land use application regarding the property owner's land.
(34)
(35)
"Land use application":
(a)
means an application that is:
(i)
required by a county; and
(ii)
submitted by a land use applicant to obtain a land use decision; and
(b)
does not mean an application to enact, amend, or repeal a land use regulation.
(35)
(36)
"Land use authority" means:
(a)
a person, board, commission, agency, or body, including the local legislative body, 
designated by the local legislative body to act upon a land use application; or
(b)
if the local legislative body has not designated a person, board, commission, agency, 
or body, the local legislative body.
(36)
(37)
"Land use decision" means an administrative decision of a land use authority or 
appeal authority regarding:
(a)
a land use permit;
(b)
a land use application; or
(c)
the enforcement of a land use regulation, land use permit, or development agreement.
(37)
(38)
"Land use permit" means a permit issued by a land use authority.
(38)
(39)
"Land use regulation":
(a)
means a legislative decision enacted by ordinance, law, code, map, resolution, 
engineering or development standard, 
specification
 for public improvement
, fee, or 
rule that governs the use or development of land;
(b)
includes the adoption or amendment of a zoning map or the text of the zoning code; 
and
(c)
does not include:
(i)
a land use decision of the legislative body acting as the land use authority, even if 
the decision is expressed in a resolution or ordinance; or
(ii)
a temporary revision to an engineering specification that does not materially:
(A)
increase a land use applicant's cost of development compared to the existing 
specification; or
(B)
impact a land use applicant's use of land.
(39)
(40)
"Legislative body" means the county legislative body, or for a county that has 
adopted an alternative form of government, the body exercising legislative powers.
(40)
(41)
"Lot" means a tract of land, regardless of any label, that is created by and shown 
on a subdivision plat that has been recorded in the office of the county recorder.
(41)
(42)
(a)
"Lot line adjustment" means a relocation of a lot line boundary between 
adjoining lots or between a lot and adjoining parcels in accordance with Section 
17-27a-608
:
(i)
whether or not the lots are located in the same subdivision; and
(ii)
with the consent of the owners of record.
(b)
"Lot line adjustment" does not mean a new boundary line that:
(i)
creates an additional lot; or
(ii)
constitutes a subdivision or a subdivision amendment.
(c)
"Lot line adjustment" does not include a boundary line adjustment made by the 
Department of Transportation.
(42)
(43)
"Major transit investment corridor" means public transit service that uses or 
occupies:
(a)
public transit rail right-of-way;
(b)
dedicated road right-of-way for the use of public transit, such as bus rapid transit; or
(c)
fixed-route bus corridors subject to an interlocal agreement or contract between a 
municipality or county and:
(i)
a public transit district as defined in Section 
17B-2a-802
; or
(ii)
an eligible political subdivision as defined in Section 
59-12-2219
.
(43)
(44)
"Micro-education entity" means the same as that term is defined in Section 
53G-6-201
.
(44)
(45)
"Moderate income housing" means housing occupied or reserved for occupancy 
by households with a gross household income equal to or less than 80% of the median 
gross income for households of the same size in the county in which the housing is 
located.
(45)
(46)
"Mountainous planning district" means an area designated by a county legislative 
body in accordance with Section 
17-27a-901
.
(46)
(47)
"Nominal fee" means a fee that reasonably reimburses a county only for time 
spent and expenses incurred in:
(a)
verifying that building plans are identical plans; and
(b)
reviewing and approving those minor aspects of identical plans that differ from the 
previously reviewed and approved building plans.
(47)
(48)
"Noncomplying structure" means a structure that:
(a)
legally existed before the structure's current land use designation; and
(b)
because of one or more subsequent land use ordinance changes, does not conform to 
the setback, height restrictions, or other regulations, excluding those regulations that 
govern the use of land.
(48)
(49)
"Nonconforming use" means a use of land that:
(a)
legally existed before the current land use designation;
(b)
has been maintained continuously since the time the land use ordinance regulation 
governing the land changed; and
(c)
because of one or more subsequent land use ordinance changes, does not conform to 
the regulations that now govern the use of the land.
(49)
(50)
"Official map" means a map drawn by county authorities and recorded in the 
county recorder's office that:
(a)
shows actual and proposed rights-of-way, centerline alignments, and setbacks for 
highways and other transportation facilities;
(b)
provides a basis for restricting development in designated rights-of-way or between 
designated setbacks to allow the government authorities time to purchase or 
otherwise reserve the land; and
(c)
has been adopted as an element of the county's general plan.
(50)
(51)
"Parcel" means any real property that is not a lot.
(51)
(52)
(a)
"Parcel boundary adjustment" means a recorded agreement between 
owners of adjoining parcels adjusting the mutual boundary, either by deed or by a 
boundary line agreement in accordance with Section 
17-27a-523
, if no additional 
parcel is created and:
(i)
none of the property identified in the agreement is a lot; or
(ii)
the adjustment is to the boundaries of a single person's parcels.
(b)
"Parcel boundary adjustment" does not mean an adjustment of a parcel boundary line 
that:
(i)
creates an additional parcel; or
(ii)
constitutes a subdivision.
(c)
"Parcel boundary adjustment" does not include a boundary line adjustment made by 
the Department of Transportation.
(52)
(53)
"Person" means an individual, corporation, partnership, organization, 
association, trust, governmental agency, or any other legal entity.
(53)
(54)
"Plan for moderate income housing" means a written document adopted by a 
county legislative body that includes:
(a)
an estimate of the existing supply of moderate income housing located within the 
county;
(b)
an estimate of the need for moderate income housing in the county for the next five 
years;
(c)
a survey of total residential land use;
(d)
an evaluation of how existing land uses and zones affect opportunities for moderate 
income housing; and
(e)
a description of the county's program to encourage an adequate supply of moderate 
income housing.
(54)
(55)
"Planning advisory area" means a contiguous, geographically defined portion of 
the unincorporated area of a county established under this part with planning and zoning 
functions as exercised through the planning advisory area planning commission, as 
provided in this chapter, but with no legal or political identity separate from the county 
and no taxing authority.
(55)
(56)
"Plat" means an instrument subdividing property into lots as depicted on a map 
or other graphical representation of lands that a licensed professional land surveyor 
makes and prepares in accordance with Section 
17-27a-603
 or 
57-8-13
.
(56)
(57)
"Potential geologic hazard area" means an area that:
(a)
is designated by a Utah Geological Survey map, county geologist map, or other 
relevant map or report as needing further study to determine the area's potential for 
geologic hazard; or
(b)
has not been studied by the Utah Geological Survey or a county geologist but 
presents the potential of geologic hazard because the area has characteristics similar 
to those of a designated geologic hazard area.
(57)
(58)
"Public agency" means:
(a)
the federal government;
(b)
the state;
(c)
a county, municipality, school district, special district, special service district, or 
other political subdivision of the state; or
(d)
a charter school.
(58)
(59)
"Public hearing" means a hearing at which members of the public are provided a 
reasonable opportunity to comment on the subject of the hearing.
(59)
(60)
"Public meeting" means a meeting that is required to be open to the public under 
Title 52, Chapter 4, Open and Public Meetings Act.
(60)
(61)
"Public street" means a public right-of-way, including a public highway, public 
avenue, public boulevard, public parkway, public road, public lane, public alley, public 
viaduct, public subway, public tunnel, public bridge, public byway, other public 
transportation easement, or other public way.
(61)
(62)
"Receiving zone" means an unincorporated area 
of a county 
that 
the
a
 county 
designates, by ordinance, as an area in which an owner of land may receive a 
transferable development right.
(62)
(63)
"Record of survey map" means a map of a survey of land prepared in accordance 
with Section 
10-9a-603
, 
17-23-17
, 
17-27a-603
, or 
57-8-13
.
(63)
(64)
"Residential facility for persons with a disability" means a residence:
(a)
in which more than one person with a disability resides; and
(b)
which is licensed or certified by the Department of Health and Human Services 
under:
(i)
Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or
(ii)
Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(64)
(65)
"Residential roadway" means a public local residential road that:
(a)
will serve primarily to provide access to adjacent primarily residential areas and 
property;
(b)
is designed to accommodate minimal traffic volumes or vehicular traffic;
(c)
is not identified as a supplementary to a collector or other higher system classified 
street in an approved municipal street or transportation master plan;
(d)
has a posted speed limit of 25 miles per hour or less;
(e)
does not have higher traffic volumes resulting from connecting previously separated 
areas of the municipal road network;
(f)
cannot have a primary access, but can have a secondary access, and does not abut lots 
intended for high volume traffic or community centers, including schools, recreation 
centers, sports complexes, or libraries; and
(g)
primarily serves traffic within a neighborhood or limited residential area and is not 
necessarily continuous through several residential areas.
(65)
(66)
"Rules of order and procedure" means a set of rules that govern and prescribe in 
a public meeting:
(a)
parliamentary order and procedure;
(b)
ethical behavior; and
(c)
civil discourse.
(66)
(67)
"Sanitary sewer authority" means the department, agency, or public entity with 
responsibility to review and approve the feasibility of sanitary sewer services or onsite 
wastewater systems.
(67)
(68)
"Sending zone" means an unincorporated area 
of a county 
that 
the
a
 county 
designates, by ordinance, as an area from which an owner of land may transfer a 
transferable development right.
(68)
(69)
"Site plan" means a document or map that may be required by a county during a 
preliminary review preceding the issuance of a building permit to demonstrate that an 
owner's or developer's proposed development activity meets a land use requirement.
(69)
(70)
(a)
"Special district" means an entity under Title 17B, Limited Purpose Local 
Government Entities - Special Districts.
(b)
"Special district" includes a governmental or quasi-governmental entity that is not a 
county, municipality, school district, or the state.
(70)
(71)
"Specified public agency" means:
(a)
the state;
(b)
a school district; or
(c)
a charter school.
(71)
(72)
"Specified public utility" means an electrical corporation, gas corporation, or 
telephone corporation, as those terms are defined in Section 
54-2-1
.
(72)
(73)
"State" includes any department, division, or agency of the state.
(73)
(74)
(a)
"Subdivision" means any land that is divided, resubdivided, or proposed to 
be divided into two or more lots or other division of land for the purpose, whether 
immediate or future, for offer, sale, lease, or development either on the installment 
plan or upon any and all other plans, terms, and conditions.
(b)
"Subdivision" includes:
(i)
the division or development of land, whether by deed, metes and bounds 
description, devise and testacy, map, plat, or other recorded instrument, regardless 
of whether the division includes all or a portion of a parcel or lot; and
(ii)
except as provided in Subsection 
(73)(c)
(74)(c)
, divisions of land for residential 
and nonresidential uses, including land used or to be used for commercial, 
agricultural, and industrial purposes.
(c)
"Subdivision" does not include:
(i)
a bona fide division or partition of agricultural land for agricultural purposes;
(ii)
a boundary line agreement recorded with the county recorder's office between 
owners of adjoining parcels adjusting the mutual boundary in accordance with 
Section 
17-27a-523
 if no new lot is created;
(iii)
a recorded document, executed by the owner of record:
(A)
revising the legal descriptions of multiple parcels into one legal description 
encompassing all such parcels; or
(B)
joining a lot to a parcel;
(iv)
a bona fide division or partition of land in a county other than a first class county 
for the purpose of siting, on one or more of the resulting separate parcels:
(A)
an electrical transmission line or a substation;
(B)
a natural gas pipeline or a regulation station; or
(C)
an unmanned telecommunications, microwave, fiber optic, electrical, or other 
utility service regeneration, transformation, retransmission, or amplification 
facility;
(v)
a boundary line agreement between owners of adjoining subdivided properties 
adjusting the mutual lot line boundary in accordance with Sections 
17-27a-523
and 
17-27a-608
 if:
(A)
no new dwelling lot or housing unit will result from the adjustment; and
(B)
the adjustment will not violate any applicable land use ordinance;
(vi)
a bona fide division of land by deed or other instrument if the deed or other 
instrument states in writing that the division:
(A)
is in anticipation of future land use approvals on the parcel or parcels;
(B)
does not confer any land use approvals; and
(C)
has not been approved by the land use authority;
(vii)
a parcel boundary adjustment;
(viii)
a lot line adjustment;
(ix)
a road, street, or highway dedication plat;
(x)
a deed or easement for a road, street, or highway purpose; or
(xi)
any other division of land authorized by law.
(74)
(75)
(a)
"Subdivision amendment" means an amendment to a recorded subdivision 
in accordance with Section 
17-27a-608
 that:
(i)
vacates all or a portion of the subdivision;
(ii)
alters the outside boundary of the subdivision;
(iii)
changes the number of lots within the subdivision;
(iv)
alters a public right-of-way, a public easement, or public infrastructure within the 
subdivision; or
(v)
alters a common area or other common amenity within the subdivision.
(b)
"Subdivision amendment" does not include a lot line adjustment, between a single lot 
and an adjoining lot or parcel, that alters the outside boundary of the subdivision.
(75)
(76)
"Substantial evidence" means evidence that:
(a)
is beyond a scintilla; and
(b)
a reasonable mind would accept as adequate to support a conclusion.
(76)
(77)
"Suspect soil" means soil that has:
(a)
a high susceptibility for volumetric change, typically clay rich, having more than a 
3% swell potential;
(b)
bedrock units with high shrink or swell susceptibility; or
(c)
gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum 
commonly associated with dissolution and collapse features.
(77)
(78)
"Therapeutic school" means a residential group living facility:
(a)
for four or more individuals who are not related to:
(i)
the owner of the facility; or
(ii)
the primary service provider of the facility;
(b)
that serves students who have a history of failing to function:
(i)
at home;
(ii)
in a public school; or
(iii)
in a nonresidential private school; and
(c)
that offers:
(i)
room and board; and
(ii)
an academic education integrated with:
(A)
specialized structure and supervision; or
(B)
services or treatment related to a disability, an emotional development, a 
behavioral development, a familial development, or a social development.
(78)
(79)
"Transferable development right" means a right to develop and use land that 
originates by an ordinance that authorizes a land owner in a designated sending zone to 
transfer land use rights from a designated sending zone to a designated receiving zone.
(79)
(80)
"Unincorporated" means the area outside of the incorporated area of a 
municipality.
(80)
(81)
"Water interest" means any right to the beneficial use of water, including:
(a)
each of the rights listed in Section 
73-1-11
; and
(b)
an ownership interest in the right to the beneficial use of water represented by:
(i)
a contract; or
(ii)
a share in a water company, as defined in Section 
73-3-3.5
.
(81)
(82)
"Zoning map" means a map, adopted as part of a land use ordinance, that depicts 
land use zones, overlays, or districts.
Section 53, Section 
17-27a-205
 is amended to read:
17-27a-205 (Effective 05/07/25). Notice of public hearings and public meetings 
on adoption or modification of land use regulation.
(1)
Each county shall give:
(a)
notice of the date, time, and place of the first public hearing to consider the adoption 
or modification of a land use regulation; and
(b)
notice of each public meeting on the subject.
(2)
Each notice of a public hearing under Subsection 
(1)(a)
 shall be:
(a)
mailed to each affected entity at least 10 calendar days before the public hearing; and
(b)
(i)
published 
provided 
for the area affected by the land use ordinance changes, as 
a class B notice under Section 
63G-30-102
, for at least 10 calendar days before 
the day of the public hearing
; or
(ii)
if the proposed land use ordinance change is ministerial in nature, as described in 
Subsection 
(6)
, provided as a class A notice under Section 
63G-30-102
 for at least 
10 calendar days before the day of the public hearing
.
(3)
In addition to the notice requirements described in Subsections 
(1)
 and 
(2)
, for any 
proposed modification to the text of a zoning code, the notice posted in accordance with 
Subsection 
(2)
 shall:
(a)
include
:
(i)
a summary of the effect of the proposed modifications to the text of the zoning 
code designed to be understood by a lay person; 
or
(ii)
a direct link to the county's webpage where a person can find a summary of the 
effect of the proposed modifications to the text of the zoning code designed to be 
understood by a lay person; 
and
(b)
be provided to any person upon written request.
(4)
Each notice of a public meeting under Subsection 
(1)(b)
 shall be at least 24 hours before 
the hearing and shall be published for the county, as a class A notice under Section 
63G-30-102
, for at least 24 hours.
(5)
(a)
A county shall send a courtesy notice to each owner of private real property 
whose property is located entirely or partially within the proposed zoning map 
enactment or amendment at least 10 days before the scheduled day of the public 
hearing.
(b)
The notice shall:
(i)
identify with specificity each owner of record of real property that will be affected 
by the proposed zoning map or map amendments;
(ii)
state the current zone in which the real property is located;
(iii)
state the proposed new zone for the real property;
(iv)
provide information regarding or a reference to the proposed regulations, 
prohibitions, and permitted uses that the property will be subject to if the zoning 
map or map amendment is adopted;
(v)
state that the owner of real property may no later than 10 days after the day of the 
first public hearing file a written objection to the inclusion of the owner's property 
in the proposed zoning map or map amendment;
(vi)
state the address where the property owner should file the protest;
(vii)
notify the property owner that each written objection filed with the county will 
be provided to the county legislative body; and
(viii)
state the location, date, and time of the public hearing described in Section 
17-27a-502
.
(c)
If a county mails notice to a property owner under Subsection 
(2)(b)
(i)
 for a public 
hearing on a zoning map or map amendment, the notice required in this Subsection 
(5)
 may be included in or part of the notice described in Subsection 
(2)(b)
(i)
 rather 
than sent separately.
(6)
A proposed land use ordinance change is ministerial in nature if the only purpose of the 
proposed land use ordinance change is to:
(a)
bring the county's land use ordinances into compliance with a state or federal law;
(b)
adopt a county land use update that affects:
(i)
an entire zoning district; or
(ii)
multiple zoning districts;
(c)
adopt a non-substantive, clerical text amendment to an existing land use ordinance;
(d)
recodify the county's existing land use ordinances; or
(e)
designate or define an affected area for purposes of a boundary adjustment or 
annexation.
Section 54, Section 
17-27a-309
 is enacted to read:
17-27a-309 (Effective 05/07/25). Urban development in municipal expansion 
area -- Requirements.
(1)
For purposes of this section, "urban development" means the same as the term is defined 
in Section 
10-2-801
.
(2)
A county legislative body may approve urban development within an adopted expansion 
area of a municipality if the county notifies the municipality of the proposed urban 
development, and:
(a)
the municipality consents in writing to the proposed urban development; or
(b)
the municipality fails to respond to the county's notification of the proposed urban 
development within 90 days after the day on which the county provides the notice.
(3)
If a municipality responds to the county's notice under Subsection 
(2)
 within 90 days 
after the county's notification of the proposed urban development to object to the 
proposed urban development, the county may approve the urban development if the 
county responds to the municipality's objection in writing.
Section 55, Section 
17-27a-508
 is amended to read:
17-27a-508 (Effective 05/07/25). Applicant's entitlement to land use application 
approval -- Application relating to land in a high priority transportation corridor -- 
County's requirements and limitations -- Vesting upon submission of development plan 
and schedule.
(1)
(a)
(i)
An applicant who has submitted a complete land use application, including 
the payment of all application fees, is entitled to substantive review of the 
application under the land use regulations:
(A)
in effect on the date that the application is complete; and
(B)
applicable to the application or to the information shown on the submitted 
application.
(ii)
An applicant is entitled to approval of a land use application if the application 
conforms to the requirements of the applicable land use regulations, land use 
decisions, and development standards in effect when the applicant submits a 
complete application and pays all application fees, unless:
(A)
the land use authority, on the record, formally finds that a compelling, 
countervailing public interest would be jeopardized by approving the 
application and specifies the compelling, countervailing public interest in 
writing; or
(B)
in the manner provided by local ordinance and before the applicant submits 
the application, the county formally initiates proceedings to amend the county's 
land use regulations in a manner that would prohibit approval of the 
application as submitted.
(b)
The county shall process an application without regard to proceedings the county 
initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if:
(i)
180 days have passed since the county initiated the proceedings; and
(ii)
(A)
the proceedings have not resulted in an enactment that prohibits approval 
of the application as submitted; or
(B)
during the 12 months prior to the county processing the application or 
multiple applications of the same type, the application is impaired or prohibited 
under the terms of a temporary land use regulation adopted under Section 
17-27a-504
.
(c)
(i)
If a state or local land use regulation is adopted or amended following the date 
on which an applicant becomes entitled to substantive review of an application, as 
described in Subsection (1)(a)(i), the applicant may elect in writing to have the 
application reviewed for compliance with the new state or local land use 
regulation.
(ii)
If an applicant makes the election described in Subsection 
(1)
(c)(i), the 
municipality shall process the application in accordance with the new state or 
local land use regulation.
(iii)
If an applicant does not make the election described in Subsection (1)(c)(i) 
within 30 days after the day on which the applicant submitted the complete land 
use application or the new state or local land use regulation goes into effect, 
whichever occurs later, the municipality is not required to process the application 
in accordance with the new state or local land use regulation.
(c)
(d)
A land use application is considered submitted and complete when the applicant 
provides the application in a form that complies with the requirements of applicable 
ordinances and pays all applicable fees.
(d)
(e)
Unless a phasing sequence is required in an executed development agreement, a 
county shall, without regard to any other separate and distinct land use application, 
accept and process a complete land use application.
(e)
(f)
The continuing validity of an approval of a land use application is conditioned 
upon the applicant proceeding after approval to implement the approval with 
reasonable diligence.
(f)
(g)
A county may not impose on an applicant who has submitted a complete 
application a requirement that is not expressed in:
(i)
this chapter;
(ii)
a county ordinance in effect on the date that the applicant submits a complete 
application, subject to Subsection (1)(a)(ii); or
(iii)
a county specification for public improvements applicable to a subdivision or 
development that is in effect on the date that the applicant submits an application.
(g)
(h)
A county may not impose on a holder of an issued land use permit or a final, 
unexpired subdivision plat a requirement that is not expressed:
(i)
in a land use permit;
(ii)
on the subdivision plat;
(iii)
in a document on which the land use permit or subdivision plat is based;
(iv)
in the written record evidencing approval of the land use permit or subdivision 
plat;
(v)
in this chapter;
(vi)
in a county ordinance; or
(vii)
in a county specification for residential roadways in effect at the time a 
residential subdivision was approved.
(h)
(i)
Except as provided in Subsection 
(1)(i) or (j)
(1)(j) or (k)
, a county may not 
withhold issuance of a certificate of occupancy or acceptance of subdivision 
improvements because of an applicant's failure to comply with a requirement that is 
not expressed:
(i)
in the building permit or subdivision plat, documents on which the building permit 
or subdivision plat is based, or the written record evidencing approval of the 
building permit or subdivision plat; or
(ii)
in this chapter or the county's ordinances.
(i)
(j)
A county may not unreasonably withhold issuance of a certificate of occupancy 
where an applicant has met all requirements essential for the public health, public 
safety, and general welfare of the occupants, in accordance with this chapter, unless:
(i)
the applicant and the county have agreed in a written document to the withholding 
of a certificate of occupancy; or
(ii)
the applicant has not provided a financial assurance for required and uncompleted 
public landscaping improvements or infrastructure improvements in accordance 
with an applicable ordinance that the legislative body adopts 
under
consistent 
with
 this chapter.
(j)
(k)
A county may not conduct a final inspection required before issuing a certificate 
of occupancy for a residential unit that is within the boundary of an infrastructure 
financing district, as defined in Section 
17B-1-102
, until the applicant for the 
certificate of occupancy provides adequate proof to the county that any lien on the 
unit arising from the infrastructure financing district's assessment against the unit 
under Title 11, Chapter 42, Assessment Area Act, has been released after payment in 
full of the infrastructure financing district's assessment against that unit.
(l)
A county:
(i)
may require the submission of a private landscaping plan, as defined in Section 
17-27a-604.5
, before landscaping is installed; and
(ii)
may not withhold an applicant's building permit or certificate of occupancy 
because the applicant has not submitted a private landscaping plan.
(2)
A county is bound by the terms and standards of applicable land use regulations and 
shall comply with mandatory provisions of those regulations.
(3)
A county may not, as a condition of land use application approval, require a person 
filing a land use application to obtain documentation regarding a school district's 
willingness, capacity, or ability to serve the development proposed in the land use 
application.
(4)
Upon a specified public agency's submission of a development plan and schedule as 
required in Subsection 
17-27a-305
(8) that complies with the requirements of that 
subsection, the specified public agency vests in the county's applicable land use maps, 
zoning map, hookup fees, impact fees, other applicable development fees, and land use 
regulations in effect on the date of submission.
(5)
(a)
If sponsors of a referendum timely challenge a project in accordance with 
Subsection 
20A-7-601
(6), the project's affected owner may rescind the project's land 
use approval by delivering a written notice:
(i)
to the local clerk as defined in Section 
20A-7-101
; and
(ii)
no later than seven days after the day on which a petition for a referendum is 
determined sufficient under Subsection 
20A-7-607(4)
.
(b)
Upon delivery of a written notice described in Subsection
(5)(a) the following are 
rescinded and are of no further force or effect:
(i)
the relevant land use approval; and
(ii)
any land use regulation enacted specifically in relation to the land use approval.
(6)
(a)
After issuance of a building permit, a county may not:
(i)
change or add to the requirements expressed in the building permit, unless the 
change or addition is:
(A)
requested by the building permit holder; or
(B)
necessary to comply with an applicable state building code; or
(ii)
revoke the building permit or take action that has the effect of revoking the 
building permit.
(b)
Subsection (6)(a) does not prevent a county from issuing a building permit that 
contains an expiration date defined in the building permit.
Section 56, Section 
17-27a-508.1
 is enacted to read:
17-27a-508.1 (Effective 05/07/25). Private maintenance of public features 
prohibited.
(1)
As used in this section:
(a)
"Public access amenity" means a physical feature like a trail or recreation area that a 
municipality designates for public access and use.
(b)
"Retail water line" means the same as that term is defined in Section 
11-8-4
.
(c)
"Sewer lateral" means the same as that term is defined in Section 
11-8-4
.
(d)
(i)
"Water utility" means a main line or other integral part of a sewer or water 
utility service.
(ii)
"Water utility" does not include a retail water line or sewer lateral.
(2)
A county may not require a private individual or entity, including a community 
association or homeowners association, to maintain or be responsible for a public access 
amenity or water utility in perpetuity unless:
(a)
the public access amenity is a sidewalk adjacent to a private property owned by the 
private individual or entity; or
(b)
the private individual or entity agreed to maintain or be responsible for the public 
access amenity or water utility in perpetuity in a covenant, utility service agreement, 
development agreement, or other agreement between the county and the private 
individual or entity.
Section 57, Section 
17-27a-509
 is amended to read:
17-27a-509 (Effective 05/07/25). Limit on fees -- Requirement to itemize fees -- 
Appeal of fee -- Provider of culinary or secondary water.
(1)
A county may 
not 
impose or collect a fee for reviewing or approving the plans for a 
commercial or residential building
 that exceeds
, not to exceed
 the lesser of:
(a)
the actual cost of performing the plan review; and
(b)
65% of the amount the county charges for a building permit fee for that building.
(2)
(a)
Subject to Subsection 
(1)
(2)(b)
, a county may impose and collect 
only 
a 
nominal 
fee for reviewing and approving identical 
floor 
plans
, as described in 
Section 
17-27a-536
, not to exceed the lesser of:
(i)
the actual cost of performing the plan review; or
(ii)
30% of the fee that would be imposed and collected under Subsection (1)
.
(b)
A county may impose and collect a fee for reviewing an original plan, as defined in 
Section 
17-27a-536
, that an applicant submits with the intent that the original plan be 
used as the basis for a future identical plan submission, the same as any other plan 
review fee under Subsection 
(1)
.
(3)
A county may not impose or collect a hookup fee that exceeds the reasonable cost of 
installing and inspecting the pipe, line, meter, or appurtenance to connect to the county 
water, sewer, storm water, power, or other utility system.
(4)
A county may not impose or collect:
(a)
a land use application fee that exceeds the reasonable cost of processing the 
application or issuing the permit; or
(b)
an inspection, regulation, or review fee that exceeds the reasonable cost of 
performing the inspection, regulation, or review.
(5)
(a)
If requested by an applicant who is charged a fee or an owner of residential 
property upon which a fee is imposed, the county shall provide an itemized fee 
statement that shows the calculation method for each fee.
(b)
If an applicant who is charged a fee or an owner of residential property upon which a 
fee is imposed submits a request for an itemized fee statement no later than 30 days 
after the day on which the applicant or owner pays the fee, the county shall no later 
than 10 days after the day on which the request is received provide or commit to 
provide within a specific time:
(i)
for each fee, any studies, reports, or methods relied upon by the county to create 
the calculation method described in Subsection 
(5)(a)
;
(ii)
an accounting of each fee paid;
(iii)
how each fee will be distributed; and
(iv)
information on filing a fee appeal through the process described in Subsection 
(5)(c)
.
(c)
A county shall establish a fee appeal process subject to an appeal authority described 
in 
Part 7, Appeal Authority and Variances
, and district court review in accordance 
with 
Part 8, District Court Review
, to determine whether a fee reflects only the 
reasonable estimated cost of:
(i)
regulation;
(ii)
processing an application;
(iii)
issuing a permit; or
(iv)
delivering the service for which the applicant or owner paid the fee.
(6)
A county may not impose on or collect from a public agency any fee associated with the 
public agency's development of its land other than:
(a)
subject to Subsection 
(4)
, a fee for a development service that the public agency does 
not itself provide;
(b)
subject to Subsection 
(3)
, a hookup fee; and
(c)
an impact fee for a public facility listed in Subsection 
11-36a-102(17)(a)
, 
(b)
, 
(c)
, 
(d)
, 
(e)
, or 
(g)
, subject to any applicable credit under Subsection 
11-36a-402(2)
.
(7)
A provider of culinary or secondary water that commits to provide a water service 
required by a land use application process is subject to the following as if it were a 
county:
(a)
Subsections 
(5)
 and 
(6)
;
(b)
Section 
17-27a-507
; and
(c)
Section 
17-27a-509.5
.
Section 58, Section 
17-27a-509.5
 is amended to read:
17-27a-509.5 (Effective 05/07/25). Review for application completeness -- 
Substantive application review -- Reasonable diligence required for determination of 
whether improvements or warranty work meets standards -- Money damages claim 
prohibited.
(1)
(a)
Each county shall, in a timely manner, determine whether a land use application is 
complete for the purposes of subsequent, substantive land use authority review.
(b)
After a reasonable period of time to allow the county diligently to evaluate whether 
all objective ordinance-based application criteria have been met, if application fees 
have been paid, the applicant may in writing request that the county provide a written 
determination either that the application is:
(i)
complete for the purposes of allowing subsequent, substantive land use authority 
review; or
(ii)
deficient with respect to a specific, objective, ordinance-based application 
requirement.
(c)
Within 30 days of receipt of an applicant's request under this section, the county shall 
either:
(i)
mail a written notice to the applicant advising that the application is deficient with 
respect to a specified, objective, ordinance-based criterion, and stating that the 
application must be supplemented by specific additional information identified in 
the notice; or
(ii)
accept the application as complete for the purposes of further substantive 
processing by the land use authority.
(d)
If the notice required by Subsection 
(1)(c)(i)
 is not timely mailed, the application 
shall be considered complete, for purposes of further substantive land use authority 
review.
(e)
(i)
The applicant may raise and resolve in a single appeal any determination made 
under this Subsection 
(1)
 to the appeal authority, including an allegation that a 
reasonable period of time has elapsed under Subsection 
(1)(a)
.
(ii)
The appeal authority shall issue a written decision for any appeal requested under 
this Subsection 
(1)(e)
.
(f)
(i)
The applicant may appeal to district court the decision of the appeal authority 
made under Subsection 
(1)(e)
.
(ii)
Each appeal under Subsection 
(1)(f)(i)
 shall be made within 30 days of the date of 
the written decision.
(2)
(a)
Each land use authority shall substantively review a complete application and an 
application considered complete under Subsection 
(1)(d)
, and shall approve or deny 
each application with reasonable diligence.
(b)
After a reasonable period of time to allow the land use authority to consider an 
application, the applicant may in writing request that the land use authority take final 
action within 45 days from date of service of the written request.
(c)
Within 45 days from the date of service of the written request described in 
Subsection 
(2)(b)
:
(i)
except as provided in Subsection 
(2)(c)(ii)
, the land use authority shall take final 
action, approving or denying the application; and
(ii)
if a landowner petitions for a land use regulation, a legislative body shall take 
final action by approving or denying the petition.
(d)
If the land use authority denies an application processed under the mandates of 
Subsection 
(2)(b)
, or if the applicant has requested a written decision in the 
application, the land use authority shall include its reasons for denial in writing, on 
the record, which may include the official minutes of the meeting in which the 
decision was rendered.
(e)
If the land use authority fails to comply with Subsection 
(2)(c)
, the applicant may 
appeal this failure to district court within 30 days of the date on which the land use 
authority should have taken final action under Subsection 
(2)(c)
.
(3)
(a)
As used in this Subsection (3), an "infrastructure improvement category" includes 
a:
(i)
culinary water system;
(ii)
sanitary sewer system;
(iii)
storm water system;
(iv)
transportation system;
(v)
secondary and irrigation water system;
(vi)
public landscaping; or
(vii)
public parks, trails, or open space.
(b)
With reasonable diligence, each land use authority shall determine whether the 
installation of required subdivision improvements or the performance of warranty 
work meets the county's adopted standards.
(b)
(c)
(i)
An applicant may in writing request the land use authority to accept or 
reject the applicant's installation of required subdivision improvements or 
performance of warranty work.
(ii)
The land use authority shall accept or reject subdivision improvements within 15 
days after receiving an applicant's written request under Subsection 
(3)(b)(i)
(3)(c)(i)
, or as soon as practicable after that 15-day period if inspection of the 
subdivision improvements is impeded by winter weather conditions.
(iii)
The 
Except as provided in Subsection (3)(c)(vi), (3)(d), or (3)(e), the 
land use 
authority shall accept or reject the performance of warranty work within
 45 days 
after receiving an applicant's written request under Subsection 
(3)(b)(i)
, or as soon 
as practicable after that 45-day period if inspection of the warranty work is 
impeded by winter weather conditions.
:
(A)
for a county of a first, second, or third class, 15 days after the day on which 
the land use authority receives an applicant's written request under Subsection 
(3)(c)(i); and
(B)
for a county of the fourth, fifth, or sixth class, 30 days after the day on which 
the land use authority receives an applicant's written request under Subsection 
(3)(c)(i).
(iv)
If winter weather conditions do not reasonably permit a full and complete 
inspection of warranty work within the time periods described in Subsection 
(3)(c)(iii)(A) or (3)(c)(iii)(B) so the land authority is able to accept or reject the 
warranty work, the land use authority shall:
(A)
notify the applicant in writing before the end of the applicable time period 
described in Subsection (3)(c)(iii)(A) or (3)(c)(iii)(B) that, because of winter 
weather conditions, the land use authority will require additional time to accept 
or reject the performance of warranty work; and
(B)
complete the inspection of the performance of warranty work and provide the 
applicant with an acceptance or rejection as soon as practicable.
(d)
If a land use authority rejects an applicant's performance of warranty work three 
times, the county may take 15 days in addition to the relevant time period described 
in Subsection (3)(c)(iii) for subsequent inspections of the applicant's warranty work.
(e)
(i)
If extraordinary circumstances do not permit a land use authority to complete 
inspection of warranty work within the relevant time period described in 
Subsection (3)(c)(iii)(A) or (3)(c)(iii)(B) so the land authority is able to accept or 
reject the warranty work, the land use authority shall:
(A)
notify the applicant in writing before the end of the applicable time period 
described in Subsection (3)(c)(iii)(A) or (3)(c)(iii)(B) that, because of the 
extraordinary circumstances, the land use authority will require additional time 
to accept or reject the performance of warranty work; and
(B)
complete the inspection of the performance of warranty work and provide the 
applicant with an acceptance or rejection within 30 days after the day on which 
the relevant time period described in Subsection (3)(c)(iii)(A) or (3)(c)(iii)(B) 
ends.
(ii)
The following situations constitute extraordinary circumstances for purposes of 
Subsection (3)(e)(i):
(A)
the land use authority is processing a request for inspection that substantially 
exceeds the normal scope of inspection the county is customarily required to 
perform;
(B)
the applicant has provided two or more written requests described in 
Subsection (3)(c)(i) within the same 30-day time period; or
(C)
the land use authority is processing an unusually large number of written 
requests described in Subsection (3)(c)(i) to accept or reject subdivision 
improvements or performance of warranty work.
(c)
(f)
(i)
If a land use authority determines that the installation of required 
subdivision improvements or the performance of warranty work does not meet the 
county's adopted standards, the land use authority shall
, within 15 days of the day 
on which the land use authority makes the determination,
 comprehensively and 
with specificity list the reasons for the land use authority's determination.
(ii)
If the land use authority fails to provide an applicant with the list described in 
Subsection (3)(f)(i) within the required time period:
(A)
the applicant may send written notice to the land use authority requesting the 
list within five days; and
(B)
if the applicant does not receive the list within five days from the day on 
which the applicant provides the land use authority with written notice as 
described in Subsection (3)(f)(ii)(A), the applicant may demand, and the land 
use authority shall provide, a reimbursement equal to 20% of the applicant's 
improvement completion assurance or security for the warranty work within 
each infrastructure improvement category.
(g)
Subject to the provisions of Section 
10-9a-604.5
:
(i)
within 15 days of the day on which the land use authority determines that an 
infrastructure improvement within a certain infrastructure improvement category, 
as described in Subsection (3)(a), meets the county's adopted standards for that 
category of infrastructure improvement and an applicant submits complete as-built 
drawings to the land use authority, whichever occurs later, the land use authority 
shall return to the applicant 90% of the applicant's improvement completion 
assurance allocated toward that infrastructure improvement category; and
(ii)
within 15 days of the day on which the warranty period expires and the land use 
authority determines that an infrastructure improvement within a certain 
infrastructure improvement category, as described in Subsection (3)(a), meets the 
county's adopted standards for that category of infrastructure improvement, the 
land use authority shall return to the applicant the remaining 10% of the 
applicant's improvement completion assurance allocated toward that infrastructure 
improvement category, plus any remaining portion of a bond described in 
Subection 
10-9a-604.5(5)(b)
.
(h)
A county's return of an applicant's improvement completion assurance or security for 
an improvement warranty under this Subsection (3) is an administrative act.
(4)
Subject to Section 
17-27a-508
, nothing in this section and no action or inaction of the 
land use authority relieves an applicant's duty to comply with all applicable substantive 
ordinances and regulations.
(5)
There shall be no money damages remedy arising from a claim under this section.
Section 59, Section 
17-27a-509.7
 is amended to read:
17-27a-509.7 (Effective 05/07/25). Transferable development rights.
(1)
A county may adopt an ordinance:
(a)
designating sending zones and receiving zones 
located wholly 
within the 
unincorporated area of the county;
(b)
designating a sending zone if the area described in the sending zone is located at 
least in part within the unincorporated county and the area described in the sending 
zone that is located outside the county complies with Subsection (2);
(c)
designating a receiving zone if the area described in the receiving zone is located at 
least in part within the unincorporated county and the area described in the receiving 
zone that is located outside the county complies with Subsection (2);
 and
(b)
(d)
allowing the transfer of a transferable development right from a sending zone to 
a receiving zone.
(2)
A county may adopt an ordinance designating a sending zone or receiving zone that is 
located, in part, in a municipality or unincorporated area of another county if:
(a)
the legislative body of every municipality or county with land inside the sending 
zone or receiving zone adopts an identical ordinance designating the sending zone or 
receiving zone; and
(b)
the area described in the sending zone or receiving zone is contiguous.
(2)
(3)
A county may not allow the use of a transferable development right unless the 
county adopts an ordinance described in Subsection 
(1)
.
Section 60, Section 
17-27a-532
 is amended to read:
17-27a-532 (Effective 05/07/25). Water wise landscaping -- County landscaping 
regulations.
(1)
As used in this section:
(a)
"Lawn or turf" means nonagricultural land planted in closely mowed, managed 
grasses.
(b)
"Mulch" means material such as rock, bark, wood chips, or other materials left loose 
and applied to the soil.
(c)
"Overhead spray irrigation" means above ground irrigation heads that spray water 
through a nozzle.
(d)
"Private landscaping plan" means the same as that term is defined in Section 
17-27a-604.5
.
(d)
(e)
(i)
"Vegetative coverage" means the ground level surface area covered by the 
exposed leaf area of a plant or group of plants at full maturity.
(ii)
"Vegetative coverage" does not mean the ground level surface area covered by 
the exposed leaf area of a tree or trees.
(e)
(f)
"Water wise landscaping" means any or all of the following:
(i)
installation of plant materials suited to the microclimate and soil conditions that 
can:
(A)
remain healthy with minimal irrigation once established; or
(B)
be maintained without the use of overhead spray irrigation;
(ii)
use of water for outdoor irrigation through proper and efficient irrigation design 
and water application; or
(iii)
the use of other landscape design features that:
(A)
minimize the need of the landscape for supplemental water from irrigation; or
(B)
reduce the landscape area dedicated to lawn or turf.
(2)
A county may not enact or enforce an ordinance, resolution, or policy that prohibits, or 
has the effect of prohibiting, a property owner from incorporating water wise 
landscaping on the property owner's property.
(3)
(a)
Subject to Subsection (3)(b), Subsection (2) does not prohibit a county from 
requiring a property owner to:
(i)
comply with a site plan review
, private landscaping plan review,
 or other review 
process before installing water wise landscaping;
(ii)
maintain plant material in a healthy condition; and
(iii)
follow specific water wise landscaping design requirements adopted by the 
county, including a requirement that:
(A)
restricts or clarifies the use of mulches considered detrimental to county 
operations;
(B)
imposes minimum or maximum vegetative coverage standards; or
(C)
restricts or prohibits the use of specific plant materials.
(b)
A county may not require a property owner to install or keep in place lawn or turf in 
an area with a width less than eight feet.
(4)
A county may require a seller of a newly constructed residence within the 
unincorporated area of the county to inform the first buyer of the newly constructed 
residence of a county ordinance requiring water wise landscaping.
(5)
A county shall report to the Division of Water Resources the existence, enactment, or 
modification of an ordinance, resolution, or policy that implements regional-based water 
use efficiency standards established by the Division of Water Resources by rule under 
Section 
73-10-37
.
(6)
A county may enforce a county landscaping ordinance in compliance with this section.
Section 61, Section 
17-27a-536
 is enacted to read:
17-27a-536 (Effective 05/07/25). Identical plan review -- Process -- Indexing of 
plans -- Prohibitions.
(1)
As used in this section:
(a)
"Business day" means Monday, Tuesday, Wednesday, Thursday, or Friday, unless 
the day falls on a federal, state, or county holiday.
(b)
"Nonidentical plan" means a plan that does not meet the definition of an identical 
plan in Section 
17-27a-103
.
(c)
"Original plan" means the same as that term is defined in Section 
10-9a-541
.
(2)
An applicant may submit, and a county shall review, an identical plan as described in 
this section.
(3)
At the time of submitting an identical plan for review to a county, an applicant shall:
(a)
mark the floor plan as "identical plans";
(b)
identify in writing:
(i)
the building permit number the county issued for the original plan:
(A)
that was previously approved by the county; and
(B)
to which the submitted floor plan qualifies as an identical plan; or
(ii)
the identifying index number assigned by the county to the original plan, as 
described in Subsection (5)(b); and
(c)
identify the site on which the applicant intends to implement the identical plan.
(4)
Beginning May 7, 2025, an applicant that intends to submit an identical plan for review 
to a county shall:
(a)
indicate, at the time of submitting an original plan to the county for review and 
approval, that the applicant intends to use the original plan as the basis for submitting 
a future identical plan if the original plan is approved by the county; and
(b)
identify:
(i)
the name or other identifier of the original plan; and
(ii)
the zone the building will be located in, if the county approves the original plan.
(5)
Upon approving an original plan and receiving the information described in Subsection 
(4), a county shall:
(a)
file and index the original plan for future reference against an identical plan later 
submitted under Subsection (2); and
(b)
provide the applicant with an identifying index number for the original plan.
(6)
A county that receives a submission under Subsection (2) shall review and compare the 
submitted identical plan to the original plan to ensure the identical plan and original plan 
are:
(a)
substantially identical; and
(b)
no structural changes have been made from the original plan.
(7)
Nothing in this section prohibits a county from conducting a site review and requiring 
geological analysis of the proposed site identified by the applicant under Subsection 
(3)(c)
.
(8)
A county shall:
(a)
review a submitted identical plan for compliance with this section; and
(b)
approve or reject the identical plan within two business days after the day on which 
the identical plan was submitted under Subsection (2).
(9)
An applicant that submits a nonidentical plan to a county as an identical plan, with 
knowledge that the nonidentical plan does not qualify as an identical plan and with 
intent to deceive the county:
(a)
may be fined by the county receiving the submission of the nonidentical plan:
(i)
in an amount not to exceed three times the building permit fee, if the county 
approved the nonidentical plan as an identical plan before discovering the 
submission did not qualify as an identical plan; or
(ii)
in an amount equal to the building permit fee that would have been issued for the 
nonidentical plan, if the county did not approve the nonidentical plan before 
discovering the submission did not qualify as an identical plan; and
(b)
is prohibited from submitting an identical plan for review and approval under this 
section for a period of two years from the day on which the county discovers the 
nonidentical plan identified as an identical plan in the applicant's submission did not 
qualify as an identical plan.
(10)
A county may impose a criminal penalty, as described in Section 
17-53-223
, for an 
applicant that knowingly violates the prohibition described in Subsection (9)(b).
Section 62, Section 
17-27a-604.5
 is amended to read:
17-27a-604.5 (Effective 05/07/25). Subdivision plat recording or development 
activity before required infrastructure is completed -- Improvement completion 
assurance -- Improvement warranty.
(1)
As used in this section
,
:
(a)
"Private landscaping plan" means a proposal:
(i)
to install landscaping on a lot owned by a private individual or entity; and
(ii)
submitted to a county by the private individual or entity, or on behalf of a private 
individual or entity, that owns the lot.
(b)
"
public
Public
 landscaping improvement" means landscaping that an applicant is 
required to install to comply with published installation and inspection specifications 
for public improvements that:
(a)
(i)
will be dedicated to and maintained by the county; or
(b)
(ii)
are associated with and proximate to trail improvements that connect to 
planned or existing public infrastructure.
(2)
A land use authority shall establish objective inspection standards for acceptance of a 
required public landscaping improvement or infrastructure improvement.
(3)
(a)
Before 
Except as provided in Subsection 
(3)(d)
 or (3)(e), before 
an applicant 
conducts any development activity or records a plat, the applicant shall:
(i)
complete any required public landscaping improvements or infrastructure 
improvements; or
(ii)
post an improvement completion assurance for any required public landscaping 
improvements or infrastructure improvements.
(b)
If an applicant elects to post an improvement completion assurance, the applicant 
shall 
in accordance with Subsection 
(5)
provide completion assurance for:
(i)
completion of 100% of the required public landscaping improvements or 
infrastructure improvements; or
(ii)
if the county has inspected and accepted a portion of the public landscaping 
improvements or infrastructure improvements, 100% of the incomplete or 
unaccepted public landscaping improvements or infrastructure improvements.
(c)
A county shall:
(i)
establish a minimum of two acceptable forms of completion assurance;
(ii)
(A)
if an applicant elects to post an improvement completion assurance, allow 
the applicant to post an assurance that meets the conditions of this 
title,
chapter
and any local ordinances;
 and
(B)
if a county accepts cash deposits as a form of completion assurance and an 
applicant elects to post a cash deposit as a form of completion assurance, place 
the cash deposit in an interest-bearing account upon receipt and return any 
earned interest to the applicant with the return of the completion assurance 
according to the conditions of this chapter and any local ordinances;
(iii)
establish a system for the partial release of an improvement completion 
assurance as portions of required public landscaping improvements or 
infrastructure improvements are completed and accepted in accordance with local 
ordinance; and
(iv)
issue or deny a building permit in accordance with Section 
17-27a-802
 based on 
the installation of public landscaping improvements or infrastructure 
improvements.
(d)
A county may not require an applicant to post an improvement completion assurance 
for:
(i)
public landscaping improvements or infrastructure improvements that the county 
has previously inspected and accepted;
(ii)
infrastructure improvements that are private and not essential or required to meet 
the building code, fire code, flood or storm water management provisions, street 
and access requirements, or other essential necessary public safety improvements 
adopted in a land use regulation;
(iii)
in a county where ordinances require all infrastructure improvements within the 
area to be private, infrastructure improvements within a development that the 
county requires to be private;
 or
(iv)
landscaping improvements that are not public landscaping improvements, unless 
the landscaping improvements and completion assurance are required under the 
terms of a development agreement
.
;
(v)
a private landscaping plan; 
(vi)
landscaping improvements or infrastructure improvements that an applicant 
elects to install at the applicant's own risk:
(A)
before the plat is recorded;
(B)
pursuant to inspections required by the county for the infrastructure 
improvement; and
(C)
pursuant to final civil engineering plan approval by the county; or
(vii)
any individual public landscaping improvement or individual infrastructure 
improvement when the individual public landscaping improvement or individual 
infrastructure improvement is also included as part of a separate improvement 
completion assurance.
(e)
(i)
A county may not:
(A)
prohibit an applicant from installing a public landscaping improvement or an 
infrastructure improvement when the municipality has approved final civil 
engineering plans for the development activity or plat for which the public 
landscaping improvement or infrastructure improvement is required; or
(B)
require an applicant to sign an agreement, release, or other document 
inconsistent with this chapter as a condition of posting an improvement 
completion assurance or a security for an improvement warranty.
(ii)
Notwithstanding Subsection (3)(e)(i)(A), public infrastructure improvements and 
infrastructure improvements that are installed by an applicant are subject to 
inspection by the county in accordance with the county's adopted inspection 
standards.
(f)
(i)
Each improvement completion assurance and improvement warranty posted by 
an applicant with a county shall be independent of any other improvement 
completion assurance or improvement warranty posted by the same applicant with 
the county.
(ii)
Subject to Section 
10-9a-509.5
, if an applicant has posted a form of security with 
a county for more than one infrastructure improvement or public landscaping 
improvement, the county may not withhold acceptance of an applicant's required 
subdivision improvements, public landscaping improvement, infrastructure 
improvements, or the performance of warranty work for the same applicant's 
failure to complete a separate subdivision improvement, public landscaping 
improvement, infrastructure improvement, or warranty work under a separate 
improvement completion assurance or improvement warranty.
(4)
(a)
Except as provided in Subsection (4)(c), as a condition for increased density or 
other entitlement benefit not currently available under the existing zone, a county 
may require a completion assurance bond for landscaped amenities and common area 
that are dedicated to and maintained by a homeowners association.
(b)
Any agreement regarding a completion assurance bond under Subsection (4)(a) 
between the applicant and the county shall be memorialized in a development 
agreement.
(c)
A county may not require a completion assurance bond for or dictate who installs or 
is responsible for the cost of the landscaping of residential lots or the equivalent open 
space surrounding single-family attached homes, whether platted as lots or common 
area.
(5)
The sum of the improvement completion assurance required under Subsections (3) and 
(4) may not exceed the sum of:
(a)
100% of the estimated cost of the public landscaping improvements or infrastructure 
improvements, as evidenced by an engineer's estimate or licensed contractor's bid; 
and
(b)
10% of the amount of the bond to cover administrative costs incurred by the county 
to complete the improvements, if necessary.
(6)
(a)
At any time before a county accepts a public landscaping improvement or 
infrastructure improvement
Upon an applicant's written request that the land use 
authority accept or reject the applicant's installation of required subdivision 
improvements or performance of warranty work as set forth in Section 
17-27a-509.5
, 
and for the duration of each improvement warranty period, the land use authority 
may require the applicant to:
(a)
(i)
execute an improvement warranty for the improvement warranty period; and
(b)
(ii)
post a cash deposit, surety bond, letter of credit, or other similar security, as 
required by the county, in the amount of up to 10% of the lesser of the:
(i)
(A)
county engineer's original estimated cost of completion; or
(ii)
(B)
applicant's reasonable proven cost of completion.
(b)
A county may not require the payment of the deposit of the improvement warranty 
assurance described in Subsection (6)(a) for an infrastructure improvement or public 
landscaping improvement before the applicant indicates through written request that 
the applicant has completed the infrastructure improvement or public landscaping 
improvement.
(7)
When a county accepts an improvement completion assurance for public landscaping 
improvements or infrastructure improvements for a development in accordance with 
Subsection (3)(c)(ii)
(A)
, the county may not deny an applicant a building permit if the 
development meets the requirements for the issuance of a building permit under the 
building code and fire code.
(8)
A county may not require the submission of a private landscaping plan as part of an 
application for subdivision approval, plat approval, or subdivision improvement.
(8)
(9)
The provisions of this section do not supersede the terms of a valid development 
agreement, an adopted phasing plan, or the state construction code.
Section 63, Section 
17-27a-701
 is amended to read:
17-27a-701 (Effective 05/07/25). Appeal authority required -- Condition 
precedent to judicial review -- Appeal authority duties.
(1)
(a)
Each county adopting a land use ordinance shall, by ordinance, establish one or 
more appeal authorities.
(b)
An appeal authority shall hear and decide:
(i)
requests for variances from the terms of land use ordinances;
(ii)
appeals from land use decisions applying land use ordinances; and
(iii)
appeals from a fee charged in accordance with Section 
17-27a-509
.
(c)
An appeal authority may not hear an appeal from the enactment of a land use 
regulation.
(2)
As a condition precedent to judicial review, each adversely affected party shall timely 
and specifically challenge a land use authority's land use decision, in accordance with 
local ordinance.
(3)
An appeal authority described in Subsection 
(1)(a)
:
(a)
shall:
(i)
act in a quasi-judicial manner; and
(ii)
serve as the final arbiter of issues involving the interpretation or application of 
land use ordinances; and
(b)
may not entertain an appeal of a matter in which the appeal authority, or any 
participating member, had first acted as the land use authority.
(4)
By ordinance, a county may:
(a)
designate a separate appeal authority to hear requests for variances than the appeal 
authority the county designates to hear appeals;
(b)
designate one or more separate appeal authorities to hear distinct types of appeals of 
land use authority decisions;
(c)
require an adversely affected party to present to an appeal authority every theory of 
relief that the adversely affected party can raise in district court;
(d)
not require a land use applicant or adversely affected party to pursue duplicate or 
successive appeals before the same or separate appeal authorities as a condition of an 
appealing party's duty to exhaust administrative remedies; and
(e)
provide that specified types of land use decisions may be appealed directly to the 
district court.
(5)
A county may not require a public hearing for a request for a variance or another land 
use appeal.
(6)
If the county establishes or, prior to the effective date of this chapter, has established a 
multiperson board, body, or panel to act as an appeal authority, at a minimum the board, 
body, or panel shall:
(a)
notify each of the members of the board, body, or panel of any meeting or hearing of 
the board, body, or panel;
(b)
provide each of the members of the board, body, or panel with the same information 
and access to municipal resources as any other member;
(c)
convene only if a quorum of the members of the board, body, or panel is present; and
(d)
act only upon the vote of a majority of the convened members of the board, body, or 
panel.
Section 64, Section 
17-27a-802
 is amended to read:
17-27a-802 (Effective 05/07/25). Enforcement -- Limitations on a county's ability 
to enforce an ordinance by withholding a permit or certificate.
(1)
(a)
A county or an adversely affected party may, in addition to other remedies 
provided by law, institute:
(i)
injunctions, mandamus, abatement, or any other appropriate actions; or
(ii)
proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
(b)
A county need only establish the violation to obtain the injunction.
(2)
(a)
Except as provided in Subsections (3) 
and (4)
through (6)
, a county may enforce 
the county's ordinance by withholding a building permit
 or certificate of occupancy
.
(b)
It is unlawful to erect, construct, reconstruct, alter, or change the use of any building 
or other structure within a county without approval of a building permit.
(c)
The county may not issue a building permit unless the plans of and for the proposed 
erection, construction, reconstruction, alteration, or use fully conform to all 
regulations then in effect.
(d)
A county may require an applicant to install a permanent road, cover a temporary 
road with asphalt or concrete, or create another method for servicing a structure that 
is consistent with Appendix D of the International Fire Code, before receiving a 
certificate of occupancy for that structure.
(e)
A county may require an applicant to maintain and repair a temporary fire apparatus 
road during the construction of a structure accessed by the temporary fire apparatus 
road in accordance with the county's adopted standards.
(f)
A county may require temporary signs to be installed at each street intersection once 
construction of new roadway allows passage by a motor vehicle.
(g)
A county may adopt and enforce any appendix of the International Fire Code, 2021 
Edition.
(3)
(a)
A county may not deny an applicant a building permit or certificate of occupancy 
because the applicant has not completed an infrastructure improvement:
(i)
that is not
unless the improvement structure is
 essential to meet the requirements 
for the issuance of a building permit or certificate of occupancy under the building 
code and fire code; and
(ii)
for which the county has accepted an improvement completion assurance for a 
public landscaping improvement, as defined in Section 
17-27a-604.5
, or an 
infrastructure improvement for the development.
(b)
For purposes of Subsection (3)(a)(i), infrastructure improvement that is essential 
means:
(i)
operable fire hydrants installed in a manner that is consistent with the county's 
adopted engineering standards; and
(ii)
for temporary roads used during construction, properly compacted road base 
installed in a manner consistent with the county's adopted engineering standards.
(c)
A county may not adopt an engineering standard that requires an applicant to install a 
permanent road or a temporary road with asphalt or concrete before receiving a 
building permit.
(4)
A county may not require an applicant to sign an agreement, release, or other document 
inconsistent with this chapter as a condition of receiving a building permit.
(3)
(5)
A county may not deny an applicant a building permit or certificate of occupancy 
based on the lack of completion of a
for failure to:
(a)
submit a private landscaping plan, as defined in Section 
17-27a-604.5
; or
(b)
complete a
 landscaping improvement that is not a public landscaping improvement, 
as defined in Section 
17-27a-604.5
.
(4)
(6)
A county may not withhold a building permit based on the lack of completion of a 
portion of a public sidewalk to be constructed within a public right-of-way serving a lot 
where a single-family or two-family residence or town home is proposed in a building 
permit application if an improvement completion assurance has been posted for the 
incomplete portion of the public sidewalk.
(5)
(7)
A county may not prohibit the construction of a single-family or two-family 
residence or town home, withhold recording a plat, or withhold acceptance of a public 
landscaping improvement, as defined in Section 
17-27a-604.5
, or an infrastructure 
improvement based on the lack of installation of a public sidewalk if an improvement 
completion assurance has been posted for the public sidewalk.
(6)
(8)
A county may not redeem an improvement completion assurance securing the 
installation of a public sidewalk sooner than 18 months after the date the improvement 
completion assurance is posted.
(7)
(9)
A county shall allow an applicant to post an improvement completion assurance for 
a public sidewalk separate from an improvement completion assurance for:
(a)
another infrastructure improvement; or
(b)
a public landscaping improvement, as defined in Section 
17-27a-604.5
.
(8)
(10)
A county may withhold a certificate of occupancy for a single-family or 
two-family residence or town home until the portion of the public sidewalk to be 
constructed within a public right-of-way and located immediately adjacent to the 
single-family or two-family residence or town home is completed and accepted by the 
county.
Section 65, Section 
17-36-55
 is amended to read:
17-36-55 (Effective 05/07/25). Fees collected for construction approval -- 
Approval of plans.
(1)
As used in this section:
(a)
"Business day" means a day other than Saturday, Sunday, or a legal holiday.
(b)
"Construction project" means the same as that term is defined in Section 
38-1a-102
.
(c)
"Lodging establishment" means a place providing temporary sleeping 
accommodations to the public, including any of the following:
(i)
a bed and breakfast establishment;
(ii)
a boarding house;
(iii)
a dormitory;
(iv)
a hotel;
(v)
an inn;
(vi)
a lodging house;
(vii)
a motel;
(viii)
a resort; or
(ix)
a rooming house.
(d)
"Planning review" means a review to verify that a county has approved the following 
elements of a construction project:
(i)
zoning;
(ii)
lot sizes;
(iii)
setbacks;
(iv)
easements;
(v)
curb and gutter elevations;
(vi)
grades and slopes;
(vii)
utilities;
(viii)
street names;
(ix)
defensible space provisions and elevations, if required by the Utah Wildland 
Urban Interface Code adopted under Section 
15A-2-103
; and
(x)
subdivision.
(e)
(i)
"Plan review" means all of the reviews and approvals of a plan that a county 
requires to obtain a building permit from the county with a scope that may not 
exceed a review to verify: 
(A)
that the construction project complies with the provisions of the State 
Construction Code under Title 15A, State Construction and Fire Codes Act;
(B)
that the construction project complies with the energy code adopted under 
Section 
15A-2-103
;
(C)
that the construction project received a planning review;
(D)
that the applicant paid any required fees;
(E)
that the applicant obtained final approvals from any other required reviewing 
agencies;
(F)
that the construction project complies with federal, state, and local storm water 
protection laws;
(G)
that the construction project received a structural review;
(H)
the total square footage for each building level of finished, garage, and 
unfinished space; and
(I)
that the plans include a printed statement indicating that the actual construction 
will comply with applicable local ordinances and the state construction codes.
(ii)
"Plan review" does not mean a review of a document:
(A)
required to be re-submitted for a construction project other than a construction 
project for a one to two family dwelling or townhome if additional 
modifications or substantive changes are identified by the plan review;
(B)
submitted as part of a deferred submittal when requested by the applicant and 
approved by the building official; or
(C)
that, due to the document's technical nature or on the request of the applicant, 
is reviewed by a third party.
(f)
"State Construction Code" means the same as that term is defined in Section 
15A-1-102
.
(g)
"State Fire Code" means the same as that term is defined in Section 
15A-1-102
.
(h)
"Structural review" means:
(i)
a review that verifies that a construction project complies with the following: 
(A)
footing size and bar placement;
(B)
foundation thickness and bar placement;
(C)
beam and header sizes;
(D)
nailing patterns;
(E)
bearing points;
(F)
structural member size and span; and
(G)
sheathing; or
(ii)
if the review exceeds the scope of the review described in Subsection (1)(h)(i), a 
review that a licensed engineer conducts.
(i)
"Technical nature" means a characteristic that places an item outside the training and 
expertise of an individual who regularly performs plan reviews. 
(2)
(a)
If a county collects a fee for the inspection of a construction project, the county 
shall ensure that the construction project receives a prompt inspection.
(b)
If a county cannot provide a building inspection within three business days after the 
day on which the county receives the request for the inspection, the applicant may 
engage an inspection with a third-party inspection firm from the third-party 
inspection firm list, as described in Section 
15A-1-105
.
(c)
If an inspector identifies one or more violations of the State Construction Code or 
State Fire Code during an inspection, the inspector shall give the permit holder 
written notification that:
(i)
identifies each violation;
(ii)
upon request by the permit holder, includes a reference to each applicable 
provision of the State Construction Code or State Fire Code; and
(iii)
is delivered:
(A)
in hardcopy or by electronic means; and
(B)
the day on which the inspection occurs.
(3)
(a)
A county shall complete a plan review of a construction project for a one to two 
family dwelling or townhome by no later than 14 business days after the day on 
which the applicant submits a complete building permit application to the county.
(b)
A county shall complete a plan review of a construction project for a residential 
structure built under the International Building Code, not including a lodging 
establishment, by no later than 21 business days after the day on which the applicant 
submits a complete building permit application to the county.
(c)
(i)
Subject to Subsection (3)(c)(ii), if a county does not complete a plan review 
before the time period described in Subsection (3)(a) or (b) expires, an applicant 
may request that the county complete the plan review.
(ii)
If an applicant makes a request under Subsection (3)(c)(i), the county shall 
perform the plan review no later than:
(A)
for a plan review described in Subsection (3)(a), 14 days from the day on 
which the applicant makes the request; or
(B)
for a plan review described in Subsection (3)(b), 21 days from the day on 
which the applicant makes the request.
(d)
An applicant may:
(i)
waive the plan review time requirements described in this Subsection (3); or
(ii)
with the county's consent, establish an alternative plan review time requirement.
(4)
A county may not enforce a requirement to have a plan review if:
(a)
the county does not complete the plan review within the time period described in 
Subsection (3)(a) or (b); and
(b)
a licensed architect or structural engineer, or both when required by law, stamps the 
plan.
(5)
(a)
A county may attach to a reviewed plan a list that includes:
(i)
items with which the county is concerned and may enforce during construction; 
and
(ii)
building code violations found in the plan.
(b)
A county may not require an applicant to redraft a plan if the county requests minor 
changes to the plan that the list described in Subsection (5)(a) identifies.
(c)
A county may require a single resubmittal of plans for a one or two family dwelling 
or townhome if the resubmission is required to address deficiencies identified by a 
third-party review of a geotechnical report or geological report.
(6)
If a county charges a fee for a building permit, the county may not refuse payment of 
the fee at the time the applicant submits a building permit application under Subsection 
(3).
(7)
A county may not limit the number of building permit applications submitted under 
Subsection (3).
(8)
For purposes of Subsection (3), a building permit application is complete if the 
application contains:
(a)
the name, address, and contact information of:
(i)
the applicant; and
(ii)
the construction manager/general contractor, as defined in Section 
63G-6a-103
, 
for the construction project;
(b)
a site plan for the construction project that:
(i)
is drawn to scale;
(ii)
includes a north arrow and legend; and
(iii)
provides specifications for the following:
(A)
lot size and dimensions;
(B)
setbacks and overhangs for setbacks;
(C)
easements;
(D)
property lines;
(E)
topographical details, if the slope of the lot is greater than 10%;
(F)
retaining walls;
(G)
hard surface areas;
(H)
curb and gutter elevations as indicated in the subdivision documents;
(I)
utilities, including water meter and sewer lateral location;
(J)
street names;
(K)
driveway locations;
(L)
defensible space provisions and elevations, if required by the Utah Wildland 
Urban Interface Code adopted under Section 
15A-2-103
; and
(M)
the location of the nearest hydrant;
(c)
construction plans and drawings, including:
(i)
elevations, only if the construction project is new construction;
(ii)
floor plans for each level, including the location and size of doors and windows;
(iii)
foundation, structural, and framing detail; and
(iv)
electrical, mechanical, and plumbing design;
(d)
documentation of energy code compliance;
(e)
structural calculations, except for trusses;
(f)
a geotechnical report, including a slope stability evaluation and retaining wall design, 
if:
(i)
the slope of the lot is greater than 15%; and
(ii)
required by the county; and
(g)
a statement indicating that actual construction will comply with applicable local 
ordinances and building codes.
Section 66, Section 
17B-1-119
 is amended to read:
17B-1-119 (Effective 05/07/25). Duty to comply with local land use provisions -- 
Requirements before providing a service.
A special district shall comply with 
Title 10, Chapter 9a, Municipal Land Use, 
Development, and Management Act
, and 
Title 17, Chapter 27a, County Land Use, 
Development, and Management Act
, as applicable, if 
(1)
(a)
If 
a land use authority consults with or allows 
the
a
 special district to participate 
in any way in a land use authority's land use development review or approval process
.
, the special district shall comply with Title 10, Chapter 9a, Municipal Land Use and 
Development Act, or Title 17, Chapter 27a, County Land Use and Development Act, 
as applicable to the land use authority.
(b)
The compliance required under Subsection 
(1)
(a) is not limited to the special 
district's participation in the land use authority's review or approval process.
(2)
(a)
Before a special district begins providing service to a service applicant, the service 
applicant shall provide the special district with an improvement assurance and an 
improvement assurance warranty.
(b)
A special district that has not received improvement assurance and an improvement 
assurance warranty from a service applicant may not begin providing service to the 
service applicant.
Section 67, Section 
17B-1-503
 is amended to read:
17B-1-503 (Effective 05/07/25). Withdrawal or boundary adjustment with 
municipal approval.
(1)
A municipality and a special district whose boundaries adjoin or overlap may adjust the 
boundary of the special district to include more or less of the municipality, including the 
expansion area identified in the annexation policy plan adopted by the municipality 
under Section 
10-2-401.5
10-2-803
, in the special district by following the same 
procedural requirements as set forth in Section 
17B-1-417
 for boundary adjustments 
between adjoining special 
districts.
(2)
(a)
Notwithstanding any other provision of this title, a municipality annexing all or 
part of an unincorporated island or peninsula under 
Title 10, Chapter 2, 
Classification, Boundaries, Consolidation, and Dissolution of Municipalities
, that 
overlaps a municipal services district organized under 
Chapter 2a, Part 11, Municipal 
Services District Act
, may petition to withdraw the area from the municipal services 
district in accordance with this Subsection 
(2)
.
(b)
For a valid withdrawal described in Subsection 
(2)(a)
:
(i)
the annexation petition under Section 
10-2-403
10-2-806
 or a separate consent, 
signed by owners of at least 60% of the total private land area, shall state that the 
signers request the area to be withdrawn from the municipal services district; and
(ii)
the legislative body of the municipality shall adopt a resolution, which may be the 
resolution adopted in accordance with Subsection 
10-2-418(5)(a)
10-2-812(3)(a)
, 
stating the municipal legislative body's intent to withdraw the area from the 
municipal services district.
(c)
The board of trustees of the municipal services district shall consider the 
municipality's petition to withdraw the area from the municipal services district 
within 90 days after the day on which the municipal services district receives the 
petition.
(d)
The board of trustees of the municipal services district:
(i)
may hold a public hearing in accordance with the notice and public hearing 
provisions of Section 
17B-1-508
;
(ii)
shall consider information that includes any factual data presented by the 
municipality and any owner of private real property who signed a petition or other 
form of consent described in Subsection 
(2)(b)(i)
; and
(iii)
identify in writing the information upon which the board of trustees relies in 
approving or rejecting the withdrawal.
(e)
The board of trustees of the municipal services district shall approve the withdrawal, 
effective upon the annexation of the area into the municipality or, if the municipality 
has already annexed the area, as soon as possible in the reasonable course of events, 
if the board of trustees makes a finding that:
(i)
(A)
the loss of revenue to the municipal services district due to a withdrawal of 
the area will be offset by savings associated with no longer providing 
municipal-type services to the area; or
(B)
if the loss of revenue will not be offset by savings resulting from no longer 
providing municipal-type services to the area, the municipality agreeing to 
terms and conditions, which may include terms and conditions described in 
Subsection 
17B-1-510(5)
, can mitigate or eliminate the loss of revenue;
(ii)
the annexation petition under Section 
10-2-403
10-2-806
, or a separate petition 
meeting the same signature requirements, states that the signers request the area to 
be withdrawn from the municipal services district; or
(iii)
the following have consented in writing to the withdrawal:
(A)
owners of more than 60% of the total private land area; or
(B)
owners of private land equal in assessed value to more than 60% of the 
assessed value of all private real property within the area proposed for 
withdrawal have consented in writing to the withdrawal.
(f)
If the board of trustees of the municipal services district does not make any of the 
findings described in Subsection 
(2)(e)
, the board of trustees may approve or reject 
the withdrawal based upon information upon which the board of trustees relies and 
that the board of trustees identifies in writing.
(g)
(i)
If a municipality annexes an island or a part of an island before May 14, 2019, 
the legislative body of the municipality may initiate the withdrawal of the area 
from the municipal services district by adopting a resolution that:
(A)
requests that the area be withdrawn from the municipal services district; and
(B)
a final local entity plat accompanies, identifying the area proposed to be 
withdrawn from the municipal services district.
(ii)
(A)
Upon receipt of the resolution and except as provided in Subsection 
(2)(g)(ii)(B)
, the board of trustees of the municipal services district shall 
approve the withdrawal.
(B)
The board of trustees of the municipal services district may reject the 
withdrawal if the rejection is based upon a good faith finding that lost revenues 
due to the withdrawal will exceed expected cost savings resulting from no 
longer serving the area.
(h)
(i)
Based upon a finding described in Subsection 
(e)
 or 
(f)
:
(A)
the board of trustees of the municipal services district shall adopt a resolution 
approving the withdrawal; and
(B)
the chair of the board shall sign a notice of impending boundary action, as 
defined in Section 
67-1a-6.5
, that meets the requirements of Subsection 
67-1a-6.5(3)
.
(ii)
The annexing municipality shall deliver the following to the lieutenant governor:
(A)
the resolution and notice of impending boundary action described in 
Subsection 
(2)(g)(i)
;
(B)
a copy of an approved final local entity plat as defined in Section 
67-1a-6.5
; 
and
(C)
any other documentation required by law.
(i)
(i)
Once the lieutenant governor has issued an applicable certificate as defined in 
Section 
67-1a-6.5
, the municipality shall deliver the certificate, the resolution and 
notice of impending boundary action described in Subsection 
(2)(h)(i)
, the final 
local entity plat as defined in Section 
67-1a-6.5
, and any other document required 
by law, to the recorder of the county in which the area is located.
(ii)
After the municipality makes the delivery described in Subsection 
(2)(i)(i)
, the 
area, for all purposes, is no longer part of the municipal services district.
(j)
The annexing municipality and the municipal services district may enter into an 
interlocal agreement under 
Title 11, Chapter 13, Interlocal Cooperation Act
, stating:
(i)
the municipality's and the district's duties and responsibilities in conducting a 
withdrawal under this Subsection 
(2)
; and
(ii)
any other matter respecting an unincorporated island that the municipality 
surrounds on all sides.
(3)
After a boundary adjustment under Subsection 
(1)
 or a withdrawal under Subsection 
(2)
is complete:
(a)
the special district shall, without interruption, provide the same service to any area 
added to the special district as provided to other areas within the special district; and
(b)
the municipality shall, without interruption, provide the same service that the special 
district previously provided to any area withdrawn from the special district.
(4)
No area within a municipality may be added to the area of a special district under this 
section if the area is part of a special district that provides the same wholesale or retail 
service as the first special district.
Section 68, Section 
17B-1-512
 is amended to read:
17B-1-512 (Effective 05/07/25). Filing of notice and plat -- Recording 
requirements -- Contest period -- Judicial review.
(1)
(a)
Within the time specified in Subsection (1)(b), the board of trustees shall file with 
the lieutenant governor:
(i)
a copy of a notice of an impending boundary action, as defined in Section 
67-1a-6.5
, that meets the requirements of Subsection 
67-1a-6.5
(3); and
(ii)
a copy of an approved final local entity plat, as defined in Section 
67-1a-6.5
.
(b)
The board of trustees shall file the documents listed in Subsection (1)(a):
(i)
within 10 days after adopting a resolution approving a withdrawal under Section 
17B-1-510
;
(ii)
on or before January 31 of the year following the board of trustees' receipt of a 
notice or copy described in Subsection (1)(c), if the board of trustees receives the 
notice or copy between July 1 and December 31; or
(iii)
on or before the July 31 following the board of trustees' receipt of a notice or 
copy described in Subsection (1)(c), if the board of trustees receives the notice or 
copy between January 1 and June 30.
(c)
The board of trustees shall comply with the requirements described in Subsection 
(1)(b)(ii) or (iii) after:
(i)
receiving:
(A)
a notice under Subsection 
10-2-425
(3)
10-2-813(2)
 of an automatic 
withdrawal under Subsection 
17B-1-502
(2);
(B)
a copy of the municipal legislative body's resolution approving an automatic 
withdrawal under Subsection 
17B-1-502
(3)(a); or
(C)
notice of a withdrawal of a municipality from a special district under Section 
17B-1-502
; or
(ii)
entering into an agreement with a municipality under Subsection 
17B-1-505
(5)(a)(ii)(A) or (5)(b).
(d)
Upon the lieutenant governor's issuance of a certificate of withdrawal under Section 
67-1a-6.5
, the board shall:
(i)
if the withdrawn area is located within the boundary of a single county, submit to 
the recorder of that county:
(A)
the original:
(I)
notice of an impending boundary action;
(II)
certificate of withdrawal; and
(III)
approved final local entity plat; and
(B)
if applicable, a certified copy of the resolution or notice referred to in 
Subsection (1)(b); or
(ii)
if the withdrawn area is located within the boundaries of more than a single 
county, submit:
(A)
the original of the documents listed in Subsections (1)(d)(i)(A)(I), (II), and 
(III) and, if applicable, a certified copy of the resolution or notice referred to in 
Subsection (1)(b) to one of those counties; and
(B)
a certified copy of the documents listed in Subsections (1)(d)(i)(A)(I), (II), and 
(III) and a certified copy of the resolution or notice referred to in Subsection 
(1)(b) to each other county.
(2)
(a)
Upon the lieutenant governor's issuance of the certificate of withdrawal under 
Section 
67-1a-6.5
 for a withdrawal under Section 
17B-1-510
, for an automatic 
withdrawal under Subsection 
17B-1-502
(3), or for the withdrawal of a municipality 
from a special district under Section 
17B-1-505
, the withdrawal shall be effective, 
subject to the conditions of the withdrawal resolution, if applicable.
(b)
An automatic withdrawal under Subsection 
17B-1-502
(3) shall be effective upon the 
lieutenant governor's issuance of a certificate of withdrawal under Section 
67-1a-6.5
.
(3)
(a)
The special district may provide for the publication of any resolution approving or 
denying the withdrawal of an area:
(i)
in a newspaper of general circulation in the area proposed for withdrawal; and
(ii)
as required in Section 
45-1-101
.
(b)
In lieu of publishing the entire resolution, the special district may publish a notice of 
withdrawal or denial of withdrawal, containing:
(i)
the name of the special district;
(ii)
a description of the area proposed for withdrawal;
(iii)
a brief explanation of the grounds on which the board of trustees determined to 
approve or deny the withdrawal; and
(iv)
the times and place where a copy of the resolution may be examined, which shall 
be at the place of business of the special district, identified in the notice, during 
regular business hours of the special district as described in the notice and for a 
period of at least 30 days after the publication of the notice.
(4)
Any sponsor of the petition or receiving entity may contest the board's decision to deny 
a withdrawal of an area from the special district by submitting a request, within 60 days 
after the resolution is adopted under Section 
17B-1-510
, to the board of trustees, 
suggesting terms or conditions to mitigate or eliminate the conditions upon which the 
board of trustees based its decision to deny the withdrawal.
(5)
Within 60 days after the request under Subsection (4) is submitted to the board of 
trustees, the board may consider the suggestions for mitigation and adopt a resolution 
approving or denying the request in the same manner as provided in Section 
17B-1-510
with respect to the original resolution denying the withdrawal and file a notice of the 
action as provided in Subsection (1).
(6)
(a)
Any person in interest may seek judicial review of:
(i)
the board of trustees' decision to withdraw an area from the special district;
(ii)
the terms and conditions of a withdrawal; or
(iii)
the board's decision to deny a withdrawal.
(b)
Judicial review under this Subsection (6) shall be initiated by filing an action in the 
district court in the county in which a majority of the area proposed to be withdrawn 
is located:
(i)
if the resolution approving or denying the withdrawal is published under 
Subsection (3), within 60 days after the publication or after the board of trustees' 
denial of the request under Subsection (5);
(ii)
if the resolution is not published pursuant to Subsection (3), within 60 days after 
the resolution approving or denying the withdrawal is adopted; or
(iii)
if a request is submitted to the board of trustees of a special district under 
Subsection (4), and the board adopts a resolution under Subsection (5), within 60 
days after the board adopts a resolution under Subsection (5) unless the resolution 
is published under Subsection (3), in which event the action shall be filed within 
60 days after the publication.
(c)
A court in which an action is filed under this Subsection (6) may not overturn, in 
whole or in part, the board of trustees' decision to approve or reject the withdrawal 
unless:
(i)
the court finds the board of trustees' decision to be arbitrary or capricious; or
(ii)
the court finds that the board materially failed to follow the procedures set forth 
in this part.
(d)
A court may award costs and expenses of an action under this section, including 
reasonable attorney fees, to the prevailing party.
(7)
After the applicable contest period under Subsection (4) or (6), no person may contest 
the board of trustees' approval or denial of withdrawal for any cause.
Section 69, Section 
17B-2a-1106
 is amended to read:
17B-2a-1106 (Effective 05/07/25). Municipal services district board of trustees -- 
Governance.
(1)
Notwithstanding any other provision of law regarding the membership of a special 
district board of trustees, the initial board of trustees of a municipal services district shall 
consist of the county legislative body.
(2)
(a)
If, after the initial creation of a municipal services district, an area within the 
district is incorporated as a municipality as defined in Section 
10-1-104
 and the area 
is not withdrawn from the district in accordance with Section 
17B-1-502
 or 
17B-1-505
, or an area within the municipality is annexed into the municipal services 
district in accordance with Section 
17B-2a-1103
, the district's board of trustees shall 
be as follows:
(i)
subject to Subsection (2)(b), a member of that municipality's governing body;
(ii)
one member of the county council of the county in which the municipal services 
district is located; and
(iii)
the total number of board members is not required to be an odd number.
(b)
A member described in Subsection (2)(a)(i) shall be designated by the municipal 
legislative body.
(3)
(a)
As used in this Subsection (3):
(i)
"District participant" means:
(A)
the county that created a municipal services district under Section 
17B-2a-1105
; or
(B)
a municipality that is part of the municipal services district.
(ii)
"Proportionate amount" means, for each district participant, the amount that is 
attributable to the district participant in proportion to the total amount attributable 
to all district participants.
(iii)
"Trigger date" means the earliest of:
(A)
the effective date of an annexation of an unincorporated island, as defined in 
Section 
10-2-429
10-2-814
, that occurs under Title 10, Chapter 2, 
Part 4
Part 
8
, Annexation, excluding an automatic annexation under Section 
10-2-429
10-2-814
;
(B)
the effective date of an incorporation of a community council area, as defined 
in Section 
10-2a-102
; and
(C)
the effective date of an automatic annexation under Section 
10-2-429
10-2-814
.
(b)
For a board of trustees described in Subsection (2), each board member's vote is 
weighted:
(i)
until the trigger date, using the proportion of the municipal services district 
population that resides:
(A)
for each member described in Subsection (2)(a)(i), within that member's 
municipality; and
(B)
for the member described in Subsection (2)(a)(ii), within the unincorporated 
county; and
(ii)
beginning the trigger date:
(A)
60% according to the proportionate amount of the combined total of sales tax 
revenue and revenue for B and C roads under Section 
72-2-108
;
(B)
30% according to the proportionate amount of weighted mileage, as defined in 
Section 
72-2-108
; and
(C)
10% according to the proportionate amount of population.
(4)
The board may adopt a resolution providing for future board members to be appointed, 
as provided in Section 
17B-1-304
, or elected, as provided in Section 
17B-1-306
.
(5)
Notwithstanding Subsections 
17B-1-309
(1) or 
17B-1-310
(1), the board of trustees may 
adopt a resolution to determine the internal governance of the board.
(6)
The municipal services district and the county may enter into an agreement for the 
provision of legal services to the municipal services district.
Section 70, Section 
23A-13-304
 is amended to read:
23A-13-304 (Effective 05/07/25). Annexation restrictions.
A municipality may annex real property within a migratory bird production area as 
provided by 
Title 10, Chapter 2, Part 4, Annexation
Title 10, Chapter 2, Part 8, Annexation
.
Section 71, Section 
26B-1-429
 is amended to read:
26B-1-429 (Effective 05/07/25). Utah State Developmental Center Board -- 
Creation -- Membership -- Duties -- Powers.
(1)
There is created the Utah State Developmental Center Board within the department.
(2)
The board is composed of nine members as follows:
(a)
the director of the Division of Services for People with Disabilities or the director's 
designee;
(b)
the superintendent of the developmental center or the superintendent's designee;
(c)
the executive director or the executive director's designee;
(d)
a resident of the Utah State Developmental Center selected by the superintendent; and
(e)
five members appointed or reappointed by the governor with the advice and consent 
of the Senate as follows:
(i)
three members of the general public; and
(ii)
two members who are parents or guardians of individuals who receive services at 
the Utah State Developmental Center.
(3)
In making appointments to the board, the governor shall ensure that:
(a)
no more than three members have immediate family residing at the Utah State 
Developmental Center; and
(b)
members represent a variety of geographic areas and economic interests of the state.
(4)
(a)
The governor shall appoint each member described in Subsection (2)(e) for a term 
of four years.
(b)
An appointed member may not serve more than two full consecutive terms unless the 
governor determines that an additional term is in the best interest of the state.
(c)
Notwithstanding the requirements of Subsections (4)(a) and (b), the governor shall, 
at the time of appointment or reappointment, adjust the length of terms to ensure that 
the terms of appointed members are staggered so that approximately half of the 
appointed members are appointed every two years.
(d)
Appointed members shall continue in office until the expiration of their terms and 
until their successors are appointed, which may not exceed 120 days after the formal 
expiration of a term.
(e)
When a vacancy occurs in the membership for any reason, the governor shall, with 
the advice and consent of the Senate, appoint a replacement for the unexpired term.
(5)
(a)
The director shall serve as the chair.
(b)
The board shall appoint a member to serve as vice chair.
(c)
The board shall hold meetings quarterly or as needed.
(d)
Five members are necessary to constitute a quorum at any meeting, and, if a quorum 
exists, the action of the majority of members present shall be the action of the board.
(e)
The chair shall be a non-voting member except that the chair may vote to break a tie 
vote between the voting members.
(6)
An appointed member may not receive compensation or benefits for the member's 
service, but, at the executive director's discretion, may receive per diem and travel 
expenses in accordance with:
(a)
Section 
63A-3-106
;
(b)
Section 
63A-3-107
; and
(c)
rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and 
63A-3-107
.
(7)
(a)
The board shall adopt bylaws governing the board's activities.
(b)
Bylaws shall include procedures for removal of a member who is unable or unwilling 
to fulfill the requirements of the member's appointment.
(8)
The board shall:
(a)
act for the benefit of the Utah State Developmental Center and the Division of 
Services for People with Disabilities;
(b)
advise and assist the Division of Services for People with Disabilities with the 
division's functions, operations, and duties related to the Utah State Developmental 
Center, described in Sections 
26B-6-402
, 
26B-6-403
, 
26B-6-502
, 
26B-6-504
, and 
26B-6-506
;
(c)
administer the Utah State Developmental Center Miscellaneous Donation Fund, as 
described in Section 
26B-1-330
;
(d)
administer the Utah State Developmental Center Long-Term Sustainability Fund, as 
described in Section 
26B-1-331
;
(e)
approve the sale, lease, or other disposition of real property or water rights associated 
with the Utah State Developmental Center, as described in Subsection 
26B-6-507
(2); 
and
(f)
within 21 days after the day on which the board receives the notice required under 
Subsection 
10-2-419
(3) (b)
10-2-903(3)(b)
, provide a written opinion regarding the 
proposed boundary adjustment to:
(i)
the director of the Division of Facilities and Construction Management; and
(ii)
the Legislative Management Committee. 
Section 72, Section 
53-2d-514
 is amended to read:
53-2d-514 (Effective 05/07/25). Annexations.
(1)
A municipality shall comply with the provisions of this section if the municipality is 
licensed under this chapter and desires to provide service to an area that is:
(a)
included in a petition for annexation under 
Title 10, Chapter 2, Part 4, Annexation
Title 10, Chapter 2, Part 8, Annexation
; and
(b)
currently serviced by another provider licensed under this chapter.
(2)
(a)
(i)
At least 45 days prior to approving a petition for annexation, the 
municipality shall certify to the bureau that by the time of the approval of the 
annexation the municipality can meet or exceed the current level of service 
provided by the existing licensee for the annexed area by meeting the 
requirements of Subsections 
(2)(b)(ii)(A)
 through 
(D)
; and
(ii)
no later than three business days after the municipality files a petition for 
annexation in accordance with Section 
10-2-403
10-2-806
, provide written notice 
of the petition for annexation to:
(A)
the existing licensee providing service to the area included in the petition of 
annexation; and
(B)
the bureau.
(b)
(i)
After receiving a certification under Subsection 
(2)(a)
, but prior to the 
municipality approving a petition for annexation, the bureau may audit the 
municipality only to verify the requirements of Subsections 
(2)(b)(ii)(A)
 through 
(D)
.
(ii)
If the bureau elects to conduct an audit, the bureau shall make a finding that the 
municipality can meet or exceed the current level of service provided by the 
existing licensee for the annexed area if the bureau finds that the municipality has 
or will have by the time of the approval of the annexation:
(A)
adequate trained personnel to deliver basic and advanced life support services;
(B)
adequate apparatus and equipment to deliver emergency medical services;
(C)
adequate funding for personnel and equipment; and
(D)
appropriate medical controls, such as a medical director and base hospital.
(iii)
The bureau shall submit the results of the audit in writing to the municipal 
legislative body.
(3)
(a)
If the bureau audit finds that the municipality meets the requirements of 
Subsection 
(2)(b)(ii)
, the bureau shall issue an amended license to the municipality 
and all other affected licensees to reflect the municipality's new boundaries after the 
bureau receives notice of the approval of the petition for annexation from the 
municipality in accordance with Section 
10-2-425
10-2-813
.
(b)
(i)
Notwithstanding the provisions of Subsection 
63G-4-102(2)(k)
, if the bureau 
audit finds that the municipality fails to meet the requirements of Subsection 
(2)(b)(ii)
, the municipality may request an adjudicative proceeding under the 
provisions of 
Title 63G, Chapter 4, Administrative Procedures Act
. The 
municipality may approve the petition for annexation while an adjudicative 
proceeding requested under this Subsection 
(3)(b)(i)
 is pending.
(ii)
The bureau shall conduct an adjudicative proceeding when requested under 
Subsection 
(3)(b)(i)
.
(iii)
Notwithstanding the provisions of Sections 
53-2d-504
 through 
53-2d-509
, in any 
adjudicative proceeding held under the provisions of Subsection 
(3)(b)(i)
, the 
bureau bears the burden of establishing that the municipality cannot, by the time 
of the approval of the annexation, meet the requirements of Subsection 
(2)(b)(ii)
.
(c)
If, at the time of the approval of the annexation, an adjudicative proceeding is 
pending under the provisions of Subsection 
(3)(b)(i)
, the bureau shall issue amended 
licenses if the municipality prevails in the adjudicative proceeding.
Section 73, Section 
54-3-30
 is amended to read:
54-3-30 (Effective 05/07/25). Electric utility service within a provider 
municipality -- Electrical corporation prohibited as provider -- Exceptions -- Notice and 
agreement -- Transfer of customer.
(1)
This section applies to an electrical corporation that intends to provide electric service 
to a customer:
(a)
who is located within the municipal boundary of a municipality that provides electric 
service; and
(b)
who is not described in Subsection 
54-3-31(2)
.
(2)
(a)
If an electrical corporation is authorized by the commission to provide electric 
service to a customer in an area adjacent to a municipality, and the municipality 
provides electric service to a customer located within its municipal boundary, the 
electrical corporation may not provide electric service to a customer within the 
municipal boundary unless:
(i)
the electrical corporation has entered into a written agreement with the 
municipality authorizing the electrical corporation to provide electric service:
(A)
to a specified customer or to customers located within a specified area
 within the municipal boundary; and
(B)
in accordance with the terms and conditions of the electrical corporation's 
tariffs and regulations approved by the commission, or approved by the 
governing board for an electrical cooperative that meets the requirements of 
Subsection 
54-7-12(7)
; and
(ii)
(A)
except as provided in Subsection 
(2)(a)(ii)(B)
, the commission approves 
the agreement in accordance with Section 
54-4-40
; or
(B)
for an electrical cooperative that meets the requirements of Subsection 
54-7-12(7)
, the governing board of the electrical cooperative approves the 
agreement.
(b)
The municipality or the electrical corporation may terminate the agreement for the 
provision of electric service if the commission imposes a condition authorized in 
Section 
54-4-40
 that is a material change to the agreement.
(3)
An electrical corporation that enters into an agreement described in Subsection 
(2)(a)
shall transfer service to a customer described in Subsection 
(2)
:
(a)
at the conclusion of a term specified in the agreement; or
(b)
upon termination of the agreement by the electrical corporation in accordance with 
Subsection 
(4)
.
(4)
Unless otherwise agreed in writing by the electrical corporation and the municipality, 
the electrical corporation may terminate an agreement entered into in accordance with 
Subsection 
(2)(a)
 by giving written notice of termination to the municipality:
(a)
no earlier than two years before the day of termination; or
(b)
within a period of time shorter than two years if otherwise agreed to with the 
municipality.
(5)
Upon termination of an agreement in accordance with Subsection 
(3)(a)
, 
(3)(b)
, or 
(4)
:
(a)
(i)
the electrical corporation shall transfer the electric service customer to the 
municipality; and
(ii)
the municipality shall provide electric service to the customer; and
(b)
the electrical corporation shall transfer a facility in accordance with and for the value 
as provided in Section 
10-2-421
10-2-817
.
(6)
This section may not be construed to modify or terminate any written franchise 
agreement or other agreement that expressly provides for electric service by an electrical 
corporation to a customer within a municipality that was entered into between an 
electrical corporation and a municipality on or before June 15, 2013.
Section 74, Section 
54-3-31
 is amended to read:
54-3-31 (Effective 05/07/25). Electric utility service within a provider 
municipality -- Electrical corporation authorized as continuing provider for service 
provided on or before June 15, 2013 -- Notice of service and agreement -- Transfer of 
customer.
(1)
This section applies to an electrical corporation that:
(a)
(i)
provides electric service to a customer on or before June 15, 2013, within the 
municipal boundary of a municipality that provides electric service; or
(ii)
provides electric service to a customer within an area:
(A)
established by an agreement dated on or before June 15, 2013, with a 
municipality; and
(B)
within the municipal boundary of a municipality that provides electric service; 
and
(b)
intends to continue providing service to that customer.
(2)
Notwithstanding Section 
54-3-30
, if an electrical corporation provides electric service to 
a customer as described in Subsection 
(1)
, and the municipality provides electric service 
to another customer within its municipal boundary, the electrical corporation may 
continue to provide electric service to the customer within the municipality's boundary 
after the termination of, or in the absence of, a written agreement, if:
(a)
the electrical corporation provides, on or before December 15, 2013, the municipality 
with an accurate and complete verified written notice, in accordance with Subsection 
(3)
, identifying each customer within the municipality served by the electrical 
corporation on or before June 15, 2013;
(b)
the electrical corporation enters into a written agreement with the municipality:
(i)
(A)
prior to the termination of any prior written agreement; or
(B)
in the absence of a written agreement; and
(ii)
no later than June 15, 2014; and
(c)
(i)
except as provided in Subsection 
(2)(c)(ii)
, the commission approves the 
agreement in accordance with Section 
54-4-40
; or
(ii)
for an electrical cooperative that meets the requirements of Subsection 
54-7-12(7)
, 
the governing board of the electrical cooperative approves the agreement.
(3)
The written notice provided in accordance with Subsection 
(2)(a)
 shall include for each 
customer:
(a)
the customer's meter number;
(b)
the location of the customer's meter by street address, global positioning system 
coordinates, metes and bounds description, or other similar method of meter location;
(c)
the customer's class of service; and
(d)
a representation that the customer was receiving service from the electrical 
corporation on or before June 15, 2013.
(4)
The agreement entered into in accordance with Subsection 
(2)
 shall require the 
following:
(a)
The electrical corporation is the exclusive electric service provider to a customer 
identified in the notice described in Subsection 
(2)(a)
 unless the municipality and 
electrical corporation subsequently agree, in writing, that the municipality may 
provide electric service to the identified customer.
(b)
If a customer who is located within the municipal boundary and who is not identified 
in Subsection 
(2)(a)
 requests service after June 15, 2013, from the electrical 
corporation, the electrical corporation may not provide that customer electric service 
unless the electrical corporation subsequently submits a request to and enters into a 
written agreement with the municipality in accordance with Section 
54-3-30
.
(5)
(a)
Unless otherwise agreed in writing by the electrical corporation and the 
municipality, the electrical corporation may terminate an agreement entered into in 
accordance with Subsection 
(2)(b)
 by giving written notice of termination to the 
municipality:
(i)
no earlier than two years before the day of termination; or
(ii)
within a period of time shorter than two years if otherwise agreed to with the 
municipality.
(b)
Upon termination of an agreement in accordance with Subsection 
(5)(a)
:
(i)
(A)
the electrical corporation shall transfer an electric service customer located 
within the municipality to the municipality; and
(B)
the municipality shall provide electric service to the customer; and
(ii)
the electrical corporation shall transfer a facility in accordance with and for the 
value as provided in Section 
10-2-421
10-2-817
.
(6)
This section may not be construed to modify or terminate any written franchise 
agreement or other agreement that expressly provides for electric service by an electrical 
corporation to a customer within a municipality that was entered into between an 
electrical corporation and a municipality on or before June 15, 2013.
Section 75, Section 
57-1-1
 is amended to read:
57-1-1 (Effective 05/07/25). Definitions.
As used in this title:
(1)
"Certified copy" means a 
copy
duplicate
 of a document
:
(a)
certified by its custodian to be a true and correct copy of the document
 or the copy 
of the document maintained by the custodian, where the document or copy is
; or
(b)
maintained under the authority of the United States, the state
 of Utah or any of its 
political subdivisions
, a political subdivision of the state
, another state, a court of 
record, a foreign government, or an Indian tribe.
(2)
"Document" means every instrument in writing, including every conveyance, affecting, 
purporting to affect, describing, or otherwise concerning any right, title, or interest in 
real property, except wills and leases for a term not exceeding one year.
(3)
"Indian tribe" means the same as that term is defined in Section 
9-9-101
.
(4)
"Person" means an individual, corporation, business trust, estate, trust, public entity, or 
any other legal or commercial entity.
(5)
"Public entity" means:
(a)
the United States, including an agency of the United States;
(b)
the state, including an agency or department of the state;
(c)
a political subdivision, including a county, municipality, school district, special 
district, special service district, community reinvestment agency, or interlocal 
cooperation entity; or
(d)
an Indian tribe.
(6)
"Public entity affidavit" means a notarized affidavit:
(a)
signed by an authorized employee or officer of a public entity; and
(b)
evidencing consent to a conveyance of real property by deed to the public entity.
(3)
(7)
"Real property" or "real estate" means any right, title, estate, or interest in land, 
including
:
(a)
all nonextracted minerals located in, on, or under the land
,
;
(b)
all buildings, fixtures and improvements on the land
,
;
 and 
(c)
all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, 
hereditaments, possessory rights, claims
,
 including mining claims, privileges, and 
appurtenances belonging to, used, or enjoyed with the land or any part of the land.
(4)
(8)
"Stigmatized" means:
(a)
the site or suspected site of a homicide, other felony, or suicide;
(b)
the dwelling place of a person infected, or suspected of being infected, with the 
Human Immunodeficiency Virus, or any other infectious disease that the 
Utah
Department of Health
 and Human Services, created in Section 
26B-1-201
,
determines cannot be transferred by occupancy of a dwelling place; or
(c)
property that has been found to be contaminated, and that the local health department 
has subsequently found to have been decontaminated in accordance with 
Title 19, 
Chapter 6, Part 9, Illegal Drug Operations Site Reporting and Decontamination Act
.
Section 76, Section 
57-1-48
 is enacted to read:
57-1-48 (Effective 05/07/25). Conveyance by deed to a public entity.
(1)
A grantor may convey real property by deed to a public entity, and a public entity may 
accept real property conveyed by deed from a grantor, as described in this section.
(2)
Real property conveyed to a public entity shall be conveyed by:
(a)
if the conveyance is between two public entities, recording a deed conveying real 
property;
(b)
if there is no purchaser for a property offered at a tax sale, complying with the 
procedure described in Section 
59-2-1351.3
; and
(c)
if the grantor is not a public entity:
(i)
recording a deed conveying real property along with a public entity affidavit that 
complies with Subsection 
(4)
; or
(ii)
recording a deed that has been notarized and signed by:
(A)
the grantor of the property; and
(B)
an authorized representative of the public entity.
(3)
A conveyance of real property by deed that is recorded in a county recorder's office 
after July 1, 2025, is voidable by the public entity intended to receive the real property 
until the earlier of the day on which:
(a)
a public entity affidavit approving the transfer is recorded; or
(b)
the deed conveying the real property is signed by an authorized employee or officer 
of the public entity.
(4)
A public entity affidavit shall be in substantially the following form:
"PUBLIC ENTITY AFFIDAVIT
I, ___________(insert name), being of legal age and authorized by _____________ 
(name of public entity), hereafter "public entity," being first duly sworn, depose and 
state as follows:
The public entity consents to the conveyance of real property by deed from 
___________ (name of grantor(s)). By signing this Public Entity Affidavit, the public 
entity accepts the ownership of the real property described in the attached legal 
description.
The public entity does not guarantee or provide an opinion as to the proper form or 
validity of any conveyance document related to the real property described in the 
attached legal description.
This Public Entity Affidavit is intended to evidence that the public entity consents to 
___________ (name of grantor(s)) conveying the real property described in the attached 
legal description to the public entity."
Section 77, Section 
59-12-208.1
 is amended to read:
59-12-208.1 (Effective 05/07/25). Enactment or repeal of tax -- Effective date -- 
Notice requirements.
(1)
For purposes of this section:
(a)
"Annexation" means an annexation to:
(i)
a county under 
Title 17, Chapter 2, County Consolidations and Annexations
; or
(ii)
a city or town under 
Title 10, Chapter 2, Part 4, Annexation
Title 10, Chapter 2, 
Part 8, Annexation
.
(b)
"Annexing area" means an area that is annexed into a county, city, or town.
(2)
(a)
Except as provided in Subsection 
(2)(c)
 or 
(d)
, if, on or after July 1, 2004, a 
county, city, or town enacts or repeals a tax under this part, the enactment or repeal 
shall take effect:
(i)
on the first day of a calendar quarter; and
(ii)
after a 90-day period beginning on the date the commission receives notice 
meeting the requirements of Subsection 
(2)(b)
 from the county, city, or town.
(b)
The notice described in Subsection 
(2)(a)(ii)
 shall state:
(i)
that the county, city, or town will enact or repeal a tax under this part;
(ii)
the statutory authority for the tax described in Subsection 
(2)(b)(i)
;
(iii)
the effective date of the tax described in Subsection 
(2)(b)(i)
; and
(iv)
if the county, city, or town enacts the tax described in Subsection 
(2)(b)(i)
, the 
rate of the tax.
(c)
(i)
The enactment of a tax takes effect on the first day of the first billing period:
(A)
that begins on or after the effective date of the enactment of the tax; and
(B)
if the billing period for the transaction begins before the effective date of the 
enactment of the tax under Section 
59-12-204
.
(ii)
The repeal of a tax applies to a billing period if the billing statement for the 
billing period is rendered on or after the effective date of the repeal of the tax 
imposed under Section 
59-12-204
.
(d)
(i)
If a tax due under this chapter on a catalogue sale is computed on the basis of 
sales and use tax rates published in the catalogue, an enactment or repeal of a tax 
described in Subsection 
(2)(a)
 takes effect:
(A)
on the first day of a calendar quarter; and
(B)
beginning 60 days after the effective date of the enactment or repeal under 
Subsection 
(2)(a)
.
(ii)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
the commission may by rule define the term "catalogue sale."
(3)
(a)
Except as provided in Subsection 
(3)(c)
 or 
(d)
, if, for an annexation that occurs on 
or after July 1, 2004, the annexation will result in the enactment or repeal of a tax 
under this part for an annexing area, the enactment or repeal shall take effect:
(i)
on the first day of a calendar quarter; and
(ii)
after a 90-day period beginning on the date the commission receives notice 
meeting the requirements of Subsection 
(3)(b)
 from the county, city, or town that 
annexes the annexing area.
(b)
The notice described in Subsection 
(3)(a)(ii)
 shall state:
(i)
that the annexation described in Subsection 
(3)(a)
 will result in an enactment or 
repeal of a tax under this part for the annexing area;
(ii)
the statutory authority for the tax described in Subsection 
(3)(b)(i)
;
(iii)
the effective date of the tax described in Subsection 
(3)(b)(i)
; and
(iv)
the rate of the tax described in Subsection 
(3)(b)(i)
.
(c)
(i)
The enactment of a tax takes effect on the first day of the first billing period:
(A)
that begins on or after the effective date of the enactment of the tax; and
(B)
if the billing period for the transaction begins before the effective date of the 
enactment of the tax under Section 
59-12-204
.
(ii)
The repeal of a tax applies to a billing period if the billing statement for the 
billing period is rendered on or after the effective date of the repeal of the tax 
imposed under Section 
59-12-204
.
(d)
(i)
If a tax due under this chapter on a catalogue sale is computed on the basis of 
sales and use tax rates published in the catalogue, an enactment or repeal of a tax 
described in Subsection 
(3)(a)
 takes effect:
(A)
on the first day of a calendar quarter; and
(B)
beginning 60 days after the effective date of the enactment or repeal under 
Subsection 
(3)(a)
.
(ii)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
the commission may by rule define the term "catalogue sale."
Section 78, Section 
59-12-355
 is amended to read:
59-12-355 (Effective 05/07/25). Enactment or repeal of tax -- Tax rate change -- 
Effective date -- Notice requirements.
(1)
For purposes of this section:
(a)
"Annexation" means an annexation to a city or town under 
Title 10, Chapter 2, Part 
4, Annexation
Title 10, Chapter 2, Part 8, Annexation
.
(b)
"Annexing area" means an area that is annexed into a city or town.
(2)
(a)
Except as provided in Subsection 
(2)(c)
, if, on or after July 1, 2004, a city or town 
enacts or repeals a tax or changes the rate of a tax under this part, or if the Point of 
the Mountain State Land Authority imposes or repeals a tax under Subsection 
59-12-352(6)
 or changes the rate of the tax, the enactment, repeal, or change shall 
take effect:
(i)
on the first day of a calendar quarter; and
(ii)
after a 90-day period beginning on the date the commission receives notice 
meeting the requirements of Subsection 
(2)(b)
 from the city or town.
(b)
The notice described in Subsection 
(2)(a)(ii)
 shall state:
(i)
that the city or town will enact or repeal a tax or change the rate of a tax under this 
part;
(ii)
the statutory authority for the tax described in Subsection 
(2)(b)(i)
;
(iii)
the effective date of the tax described in Subsection 
(2)(b)(i)
; and
(iv)
if the city or town enacts the tax or changes the rate of the tax described in 
Subsection 
(2)(b)(i)
, the rate of the tax.
(c)
(i)
Notwithstanding Subsection 
(2)(a)
, for a transaction described in Subsection 
(2)(c)(iii)
, the enactment of a tax or a tax rate increase shall take effect on the first 
day of the first billing period:
(A)
that begins after the effective date of the enactment of the tax or the tax rate 
increase; and
(B)
if the billing period for the transaction begins before the effective date of the 
enactment of the tax or the tax rate increase imposed under:
(I)
Section 
59-12-352
; or
(II)
Section 
59-12-353
.
(ii)
Notwithstanding Subsection 
(2)(a)
, for a transaction described in Subsection 
(2)(c)(iii)
, the repeal of a tax or a tax rate decrease shall take effect on the first day 
of the last billing period:
(A)
that began before the effective date of the repeal of the tax or the tax rate 
decrease; and
(B)
if the billing period for the transaction begins before the effective date of the 
repeal of the tax or the tax rate decrease imposed under:
(I)
Section 
59-12-352
; or
(II)
Section 
59-12-353
.
(iii)
Subsections 
(2)(c)(i)
 and 
(ii)
 apply to transactions subject to a tax under 
Subsection 
59-12-103(1)(i)
.
(3)
(a)
Except as provided in Subsection 
(3)(c)
, if, for an annexation that occurs on or 
after July 1, 2004, the annexation will result in the enactment, repeal, or change in the 
rate of a tax under this part for an annexing area, the enactment, repeal, or change 
shall take effect:
(i)
on the first day of a calendar quarter; and
(ii)
after a 90-day period beginning on the date the commission receives notice 
meeting the requirements of Subsection 
(3)(b)
 from the city or town that annexes 
the annexing area.
(b)
The notice described in Subsection 
(3)(a)(ii)
 shall state:
(i)
that the annexation described in Subsection 
(3)(a)
 will result in an enactment, 
repeal, or change in the rate of a tax under this part for the annexing area;
(ii)
the statutory authority for the tax described in Subsection 
(3)(b)(i)
;
(iii)
the effective date of the tax described in Subsection 
(3)(b)(i)
; and
(iv)
if the city or town enacts the tax or changes the rate of the tax described in 
Subsection 
(3)(b)(i)
, the rate of the tax.
(c)
(i)
Notwithstanding Subsection 
(3)(a)
, for a transaction described in Subsection 
(3)(c)(iii)
, the enactment of a tax or a tax rate increase shall take effect on the first 
day of the first billing period:
(A)
that begins after the effective date of the enactment of the tax or the tax rate 
increase; and
(B)
if the billing period for the transaction begins before the effective date of the 
enactment of the tax or the tax rate increase imposed under:
(I)
Section 
59-12-352
; or
(II)
Section 
59-12-353
.
(ii)
Notwithstanding Subsection 
(3)(a)
, for a transaction described in Subsection 
(3)(c)(iii)
, the repeal of a tax or a tax rate decrease shall take effect on the first day 
of the last billing period:
(A)
that began before the effective date of the repeal of the tax or the tax rate 
decrease; and
(B)
if the billing period for the transaction begins before the effective date of the 
repeal of the tax or the tax rate decrease imposed under:
(I)
Section 
59-12-352
; or
(II)
Section 
59-12-353
.
(iii)
Subsections 
(3)(c)(i)
 and 
(ii)
 apply to transactions subject to a tax under 
Subsection 
59-12-103(1)(i)
.
Section 79, Section 
59-12-403
 is amended to read:
59-12-403 (Effective 05/07/25). Enactment or repeal of tax -- Tax rate change -- 
Effective date -- Notice requirements -- Administration, collection, and enforcement of 
tax -- Administrative charge.
(1)
For purposes of this section:
(a)
"Annexation" means an annexation to a city or town under 
Title 10, Chapter 2, Part 
4, Annexation
Title 10, Chapter 2, Part 8, Annexation
.
(b)
"Annexing area" means an area that is annexed into a city or town.
(2)
(a)
Except as provided in Subsection 
(2)(c)
 or 
(d)
, if, on or after April 1, 2008, a city 
or town enacts or repeals a tax or changes the rate of a tax under this part, the 
enactment, repeal, or change shall take effect:
(i)
on the first day of a calendar quarter; and
(ii)
after a 90-day period beginning on the date the commission receives notice 
meeting the requirements of Subsection 
(2)(b)
 from the city or town.
(b)
The notice described in Subsection 
(2)(a)(ii)
 shall state:
(i)
that the city or town will enact or repeal a tax or change the rate of a tax under this 
part;
(ii)
the statutory authority for the tax described in Subsection 
(2)(b)(i)
;
(iii)
the effective date of the tax described in Subsection 
(2)(b)(i)
; and
(iv)
if the city or town enacts the tax or changes the rate of the tax described in 
Subsection 
(2)(b)(i)
, the rate of the tax.
(c)
(i)
If the billing period for a transaction begins before the effective date of the 
enactment of the tax or the tax rate increase imposed under Section 
59-12-401
, 
59-12-402
, or 
59-12-402.1
, the enactment of the tax or the tax rate increase takes 
effect on the first day of the first billing period that begins on or after the effective 
date of the enactment of the tax or the tax rate increase.
(ii)
The repeal of a tax or a tax rate decrease applies to a billing period if the billing 
statement for the billing period is produced on or after the effective date of the 
repeal of the tax or the tax rate decrease imposed under Section 
59-12-401
, 
59-12-402
, or 
59-12-402.1
.
(d)
(i)
If a tax due under this chapter on a catalogue sale is computed on the basis of 
sales and use tax rates published in the catalogue, an enactment, repeal, or change 
in the rate of a tax described in Subsection 
(2)(a)
 takes effect:
(A)
on the first day of a calendar quarter; and
(B)
beginning 60 days after the effective date of the enactment, repeal, or change 
in the rate of the tax under Subsection 
(2)(a)
.
(ii)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
the commission may by rule define the term "catalogue sale."
(3)
(a)
Except as provided in Subsection 
(3)(c)
 or 
(d)
, if, for an annexation that occurs on 
or after July 1, 2004, the annexation will result in the enactment, repeal, or change in 
the rate of a tax under this part for an annexing area, the enactment, repeal, or change 
shall take effect:
(i)
on the first day of a calendar quarter; and
(ii)
after a 90-day period beginning on the date the commission receives notice 
meeting the requirements of Subsection 
(3)(b)
 from the city or town that annexes 
the annexing area.
(b)
The notice described in Subsection 
(3)(a)(ii)
 shall state:
(i)
that the annexation described in Subsection 
(3)(a)
 will result in an enactment, 
repeal, or change in the rate of a tax under this part for the annexing area;
(ii)
the statutory authority for the tax described in Subsection 
(3)(b)(i)
;
(iii)
the effective date of the tax described in Subsection 
(3)(b)(i)
; and
(iv)
if the city or town enacts the tax or changes the rate of the tax described in 
Subsection 
(3)(b)(i)
, the rate of the tax.
(c)
(i)
If the billing period for a transaction begins before the effective date of the 
enactment of the tax or the tax rate increase imposed under Section 
59-12-401
, 
59-12-402
, or 
59-12-402.1
, the enactment of the tax or the tax rate increase takes 
effect on the first day of the first billing period that begins on or after the effective 
date of the enactment of the tax or the tax rate increase.
(ii)
The repeal of a tax or a tax rate decrease applies to a billing period if the billing 
statement for the billing period is produced on or after the effective date of the 
repeal of the tax or the tax rate decrease imposed under Section 
59-12-401
, 
59-12-402
, or 
59-12-402.1
.
(d)
(i)
If a tax due under this chapter on a catalogue sale is computed on the basis of 
sales and use tax rates published in the catalogue, an enactment, repeal, or change 
in the rate of a tax described in Subsection 
(3)(a)
 takes effect:
(A)
on the first day of a calendar quarter; and
(B)
beginning 60 days after the effective date of the enactment, repeal, or change 
in the rate of the tax under Subsection 
(3)(a)
.
(ii)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
the commission may by rule define the term "catalogue sale."
(4)
(a)
Except as provided in Subsection 
(4)(b)
, a tax authorized under this part shall be 
administered, collected, and enforced in accordance with:
(i)
the same procedures used to administer, collect, and enforce the tax under:
(A)
Part 1, Tax Collection
; or
(B)
Part 2, Local Sales and Use Tax Act
; and
(ii)
Chapter 1, General Taxation Policies
.
(b)
A tax under this part is not subject to Subsections 
59-12-205(2)
 through 
(5)
.
(5)
The commission shall retain and deposit an administrative charge in accordance with 
Section 
59-1-306
 from the revenue the commission collects from a tax under this part.
Section 80, Section 
59-12-806
 is amended to read:
59-12-806 (Effective 05/07/25). Enactment or repeal of tax -- Tax rate change -- 
Effective date -- Notice requirements.
(1)
For purposes of this section:
(a)
"Annexation" means an annexation to:
(i)
a county under 
Title 17, Chapter 2, County Consolidations and Annexations
; or
(ii)
a city under 
Title 10, Chapter 2, Part 4, Annexation
Title 10, Chapter 2, Part 8, 
Annexation
.
(b)
"Annexing area" means an area that is annexed into a county or city.
(2)
(a)
Except as provided in Subsection 
(2)(c)
 or 
(d)
, if, on or after July 1, 2004, a 
county or city enacts or repeals a tax or changes the rate of a tax under this part, the 
enactment, repeal, or change shall take effect:
(i)
on the first day of a calendar quarter; and
(ii)
after a 90-day period beginning on the date the commission receives notice 
meeting the requirements of Subsection 
(2)(b)
 from the county or city.
(b)
The notice described in Subsection 
(2)(a)(ii)
 shall state:
(i)
that the county or city will enact or repeal a tax or change the rate of a tax under 
this part;
(ii)
the statutory authority for the tax described in Subsection 
(2)(b)(i)
;
(iii)
the effective date of the tax described in Subsection 
(2)(b)(i)
; and
(iv)
if the county or city enacts the tax or changes the rate of the tax described in 
Subsection 
(2)(b)(i)
, the rate of the tax.
(c)
(i)
The enactment of a tax or a tax rate increase takes effect on the first day of the 
first billing period:
(A)
that begins on or after the effective date of the enactment of the tax or the tax 
rate increase; and
(B)
if the billing period for the transaction begins before the effective date of the 
enactment of the tax or the tax rate increase imposed under:
(I)
Section 
59-12-802
; or
(II)
Section 
59-12-804
.
(ii)
The repeal of a tax or a tax rate decrease applies to a billing period if the billing 
statement for the billing period is rendered on or after the effective date of the 
repeal of the tax or the tax rate decrease imposed under:
(A)
Section 
59-12-802
; or
(B)
Section 
59-12-804
.
(d)
(i)
If a tax due under this chapter on a catalogue sale is computed on the basis of 
sales and use tax rates published in the catalogue, an enactment, repeal, or change 
in the rate of a tax described in Subsection 
(2)(a)
 takes effect:
(A)
on the first day of a calendar quarter; and
(B)
beginning 60 days after the effective date of the enactment, repeal, or change 
in the rate of the tax under Subsection 
(2)(a)
.
(ii)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
the commission may by rule define the term "catalogue sale."
(3)
(a)
Except as provided in Subsection 
(3)(c)
 or 
(d)
, if, for an annexation that occurs on 
or after July 1, 2004, the annexation will result in the enactment, repeal, or change in 
the rate of a tax under this part for an annexing area, the enactment, repeal, or change 
shall take effect:
(i)
on the first day of a calendar quarter; and
(ii)
after a 90-day period beginning on the date the commission receives notice 
meeting the requirements of Subsection 
(3)(b)
 from the county or city that 
annexes the annexing area.
(b)
The notice described in Subsection 
(3)(a)(ii)
 shall state:
(i)
that the annexation described in Subsection 
(3)(a)
 will result in an enactment, 
repeal, or change in the rate of a tax under this part for the annexing area;
(ii)
the statutory authority for the tax described in Subsection 
(3)(b)(i)
;
(iii)
the effective date of the tax described in Subsection 
(3)(b)(i)
; and
(iv)
if the county or city enacts the tax or changes the rate of the tax described in 
Subsection 
(3)(b)(i)
, the rate of the tax.
(c)
(i)
The enactment of a tax or a tax rate increase takes effect on the first day of the 
first billing period:
(A)
that begins on or after the effective date of the enactment of the tax or the tax 
rate increase; and
(B)
if the billing period for the transaction begins before the effective date of the 
enactment of the tax or the tax rate increase imposed under:
(I)
Section 
59-12-802
; or
(II)
Section 
59-12-804
.
(ii)
The repeal of a tax or a tax rate decrease applies to a billing period if the billing 
statement for the billing period is rendered on or after the effective date of the 
repeal of the tax or the tax rate decrease imposed under:
(A)
Section 
59-12-802
; or
(B)
Section 
59-12-804
.
(d)
(i)
If a tax due under this chapter on a catalogue sale is computed on the basis of 
sales and use tax rates published in the catalogue, an enactment, repeal, or change 
in the rate of a tax described in Subsection 
(3)(a)
 takes effect:
(A)
on the first day of a calendar quarter; and
(B)
beginning 60 days after the effective date of the enactment, repeal, or change 
in the rate of a tax under Subsection 
(3)(a)
.
(ii)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
the commission may by rule define the term "catalogue sale."
Section 81, Section 
59-12-1302
 is amended to read:
59-12-1302 (Effective 05/07/25). Imposition of tax -- Base -- Rate -- Enactment or 
repeal of tax -- Tax rate change -- Effective date -- Notice requirements -- 
Administration, collection, and enforcement of tax -- Administrative charge.
(1)
Beginning on or after January 1, 1998, the governing body of a town may impose a tax 
as provided in this part in an amount that does not exceed 1%.
(2)
A town may impose a tax as provided in this part if the town imposed a license fee or 
tax on businesses based on gross receipts under Section 
10-1-203
 on or before January 
1, 1996.
(3)
A town imposing a tax under this section shall:
(a)
except as provided in Subsection 
(4)
, impose the tax on the transactions described in 
Subsection 
59-12-103(1)
 located within the town; and
(b)
provide an effective date for the tax as provided in Subsection 
(5)
.
(4)
(a)
A town may not impose a tax under this section on:
(i)
the sales and uses described in Section 
59-12-104
 to the extent the sales and uses 
are exempt from taxation under Section 
59-12-104
; and
(ii)
except as provided in Subsection 
(4)(c)
, amounts paid or charged for food and 
food ingredients.
(b)
For purposes of this Subsection 
(4)
, the location of a transaction shall be determined 
in accordance with Sections 
59-12-211
 through 
59-12-215
.
(c)
A town imposing a tax under this section shall impose the tax on the purchase price 
or sales price for amounts paid or charged for food and food ingredients if the food 
and food ingredients are sold as part of a bundled transaction attributable to food and 
food ingredients and tangible personal property other than food and food ingredients.
(5)
(a)
For purposes of this Subsection 
(5)
:
(i)
"Annexation" means an annexation to a town under 
Title 10, Chapter 2, Part 4, 
Annexation
Title 10, Chapter 2, Part 8, Annexation
.
(ii)
"Annexing area" means an area that is annexed into a town.
(b)
(i)
Except as provided in Subsection 
(5)(c)
 or 
(d)
, if, on or after July 1, 2004, a 
town enacts or repeals a tax or changes the rate of a tax under this part, the 
enactment, repeal, or change shall take effect:
(A)
on the first day of a calendar quarter; and
(B)
after a 90-day period beginning on the date the commission receives notice 
meeting the requirements of Subsection 
(5)(b)(ii)
 from the town.
(ii)
The notice described in Subsection 
(5)(b)(i)(B)
 shall state:
(A)
that the town will enact or repeal a tax or change the rate of a tax under this 
part;
(B)
the statutory authority for the tax described in Subsection 
(5)(b)(ii)(A)
;
(C)
the effective date of the tax described in Subsection 
(5)(b)(ii)(A)
; and
(D)
if the town enacts the tax or changes the rate of the tax described in 
Subsection 
(5)(b)(ii)(A)
, the rate of the tax.
(c)
(i)
If the billing period for the transaction begins before the effective date of the 
enactment of the tax or the tax rate increase imposed under Subsection 
(1)
, the 
enactment of the tax or the tax rate increase takes effect on the first day of the first 
billing period that begins on or after the effective date of the enactment of the tax 
or the tax rate increase.
(ii)
The repeal of a tax or a tax rate decrease applies to a billing period if the billing 
statement for the billing period is produced on or after the effective date of the 
repeal of the tax or the tax rate decrease imposed under Subsection 
(1)
.
(d)
(i)
If a tax due under this chapter on a catalogue sale is computed on the basis of 
sales and use tax rates published in the catalogue, an enactment, repeal, or change 
in the rate of a tax described in Subsection 
(5)(b)(i)
 takes effect:
(A)
on the first day of a calendar quarter; and
(B)
beginning 60 days after the effective date of the enactment, repeal, or change 
in the rate of the tax under Subsection 
(5)(b)(i)
.
(ii)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
the commission may by rule define the term "catalogue sale."
(e)
(i)
Except as provided in Subsection 
(5)(f)
 or 
(g)
, if, for an annexation that occurs 
on or after July 1, 2004, the annexation will result in the enactment, repeal, or 
change in the rate of a tax under this part for an annexing area, the enactment, 
repeal, or change shall take effect:
(A)
on the first day of a calendar quarter; and
(B)
after a 90-day period beginning on the date the commission receives notice 
meeting the requirements of Subsection 
(5)(e)(ii)
 from the town that annexes 
the annexing area.
(ii)
The notice described in Subsection 
(5)(e)(i)(B)
 shall state:
(A)
that the annexation described in Subsection 
(5)(e)(i)
 will result in an 
enactment, repeal, or change in the rate of a tax under this part for the annexing 
area;
(B)
the statutory authority for the tax described in Subsection 
(5)(e)(ii)(A)
;
(C)
the effective date of the tax described in Subsection 
(5)(e)(ii)(A)
; and
(D)
if the town enacts the tax or changes the rate of the tax described in 
Subsection 
(5)(e)(ii)(A)
, the rate of the tax.
(f)
(i)
If the billing period for a transaction begins before the effective date of the 
enactment of the tax or the tax rate increase imposed under Subsection 
(1)
, the 
enactment of the tax or the tax rate increase takes effect on the first day of the first 
billing period that begins on or after the effective date of the enactment of the tax 
or the tax rate increase.
(ii)
The repeal of a tax or a tax rate decrease applies to a billing period if the billing 
statement for the billing period is produced on or after the effective date of the 
repeal of the tax or the tax rate decrease imposed under Subsection 
(1)
.
(g)
(i)
If a tax due under this chapter on a catalogue sale is computed on the basis of 
sales and use tax rates published in the catalogue, an enactment, repeal, or change 
in the rate of a tax described in Subsection 
(5)(e)(i)
 takes effect:
(A)
on the first day of a calendar quarter; and
(B)
beginning 60 days after the effective date of the enactment, repeal, or change 
in the rate of the tax under Subsection 
(5)(e)(i)
.
(ii)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
the commission may by rule define the term "catalogue sale."
(6)
The commission shall:
(a)
distribute the revenue generated by the tax under this section to the town imposing 
the tax; and
(b)
except as provided in Subsection 
(8)
, administer, collect, and enforce the tax 
authorized under this section in accordance with:
(i)
the same procedures used to administer, collect, and enforce the tax under:
(A)
Part 1, Tax Collection
; or
(B)
Part 2, Local Sales and Use Tax Act
; and
(ii)
Chapter 1, General Taxation Policies
.
(7)
The commission shall retain and deposit an administrative charge in accordance with 
Section 
59-1-306
 from the revenue the commission collects from a tax under this part.
(8)
A tax under this section is not subject to Subsections 
59-12-205(2)
 through 
(5)
.
Section 82, Section 
59-12-1402
 is amended to read:
59-12-1402 (Effective 05/07/25). Opinion question election -- Base -- Rate -- 
Imposition of tax -- Expenditure of revenue -- Enactment or repeal of tax -- Effective 
date -- Notice requirements.
(1)
(a)
Subject to the other provisions of this section, a city or town legislative body 
subject to this part may submit an opinion question to the residents of that city or 
town, by majority vote of all members of the legislative body, so that each resident of 
the city or town has an opportunity to express the resident's opinion on the imposition 
of a local sales and use tax of .1% on the transactions described in Subsection 
59-12-103(1)
 located within the city or town, to:
(i)
fund cultural facilities, recreational facilities, and zoological facilities and 
botanical organizations, cultural organizations, and zoological organizations in 
that city or town; or
(ii)
provide funding for a botanical organization, cultural organization, or zoological 
organization to pay for use of a bus or facility rental if that use of the bus or 
facility rental is in furtherance of the botanical organization's, cultural 
organization's, or zoological organization's primary purpose.
(b)
The opinion question required by this section shall state:
"Shall (insert the name of the city or town), Utah, be authorized to impose a .1% sales 
and use tax for (list the purposes for which the revenue collected from the sales and use tax 
shall be expended)?"
(c)
A city or town legislative body may not impose a tax under this section:
(i)
if the county in which the city or town is located imposes a tax under 
Part 7, 
County Option Funding for Botanical, Cultural, Recreational, and Zoological 
Organizations or Facilities
;
(ii)
on the sales and uses described in Section 
59-12-104
 to the extent the sales and 
uses are exempt from taxation under Section 
59-12-104
; and
(iii)
except as provided in Subsection 
(1)(e)
, on amounts paid or charged for food and 
food ingredients.
(d)
For purposes of this Subsection 
(1)
, the location of a transaction shall be determined 
in accordance with Sections 
59-12-211
 through 
59-12-215
.
(e)
A city or town legislative body imposing a tax under this section shall impose the tax 
on the purchase price or sales price for amounts paid or charged for food and food 
ingredients if the food and food ingredients are sold as part of a bundled transaction 
attributable to food and food ingredients and tangible personal property other than 
food and food ingredients.
(f)
Except as provided in Subsection 
(6)
, the election shall be held at a regular general 
election or a municipal general election, as those terms are defined in Section 
20A-1-102
, and shall follow the procedures outlined in 
Title 11, Chapter 14, Local 
Government Bonding Act
.
(2)
If the city or town legislative body determines that a majority of the city's or town's 
registered voters voting on the imposition of the tax have voted in favor of the 
imposition of the tax as prescribed in Subsection 
(1)
, the city or town legislative body 
may impose the tax by a majority vote of all members of the legislative body.
(3)
Subject to Section 
59-12-1403
, revenue collected from a tax imposed under Subsection 
(2)
 shall be expended:
(a)
to finance cultural facilities, recreational facilities, and zoological facilities within the 
city or town or within the geographic area of entities that are parties to an interlocal 
agreement, to which the city or town is a party, providing for cultural facilities, 
recreational facilities, or zoological facilities;
(b)
to finance ongoing operating expenses of:
(i)
recreational facilities described in Subsection 
(3)(a)
 within the city or town or 
within the geographic area of entities that are parties to an interlocal agreement, to 
which the city or town is a party, providing for recreational facilities; or
(ii)
botanical organizations, cultural organizations, and zoological organizations 
within the city or town or within the geographic area of entities that are parties to 
an interlocal agreement, to which the city or town is a party, providing for the 
support of botanical organizations, cultural organizations, or zoological 
organizations; and
(c)
as stated in the opinion question described in Subsection 
(1)
.
(4)
(a)
Except as provided in Subsection 
(4)(b)
, a tax authorized under this part shall be:
(i)
administered, collected, and enforced in accordance with:
(A)
the same procedures used to administer, collect, and enforce the tax under:
(I)
Part 1, Tax Collection
; or
(II)
Part 2, Local Sales and Use Tax Act
; and
(B)
Chapter 1, General Taxation Policies
; and
(ii)
(A)
levied for a period of eight years; and
(B)
may be reauthorized at the end of the eight-year period in accordance with this 
section.
(b)
(i)
If a tax under this part is imposed for the first time on or after July 1, 2011, the 
tax shall be levied for a period of 10 years.
(ii)
If a tax under this part is reauthorized in accordance with Subsection 
(4)(a)
 on or 
after July 1, 2011, the tax shall be reauthorized for a ten-year period.
(c)
A tax under this section is not subject to Subsections 
59-12-205(2)
 through 
(5)
.
(5)
(a)
For purposes of this Subsection 
(5)
:
(i)
"Annexation" means an annexation to a city or town under 
Title 10, Chapter 2, 
Part 4, Annexation
Title 10, Chapter 2, Part 8, Annexation
.
(ii)
"Annexing area" means an area that is annexed into a city or town.
(b)
(i)
Except as provided in Subsection 
(5)(c)
 or 
(d)
, if, on or after July 1, 2004, a city 
or town enacts or repeals a tax under this part, the enactment or repeal shall take 
effect:
(A)
on the first day of a calendar quarter; and
(B)
after a 90-day period beginning on the date the commission receives notice 
meeting the requirements of Subsection 
(5)(b)(ii)
 from the city or town.
(ii)
The notice described in Subsection 
(5)(b)(i)(B)
 shall state:
(A)
that the city or town will enact or repeal a tax under this part;
(B)
the statutory authority for the tax described in Subsection 
(5)(b)(ii)(A)
;
(C)
the effective date of the tax described in Subsection 
(5)(b)(ii)(A)
; and
(D)
if the city or town enacts the tax described in Subsection 
(5)(b)(ii)(A)
, the rate 
of the tax.
(c)
(i)
If the billing period for a transaction begins before the effective date of the 
enactment of the tax under this section, the enactment of the tax takes effect on the 
first day of the first billing period that begins on or after the effective date of the 
enactment of the tax.
(ii)
The repeal of a tax applies to a billing period if the billing statement for the 
billing period is produced on or after the effective date of the repeal of the tax 
imposed under this section.
(d)
(i)
If a tax due under this chapter on a catalogue sale is computed on the basis of 
sales and use tax rates published in the catalogue, an enactment or repeal of a tax 
described in Subsection 
(5)(b)(i)
 takes effect:
(A)
on the first day of a calendar quarter; and
(B)
beginning 60 days after the effective date of the enactment or repeal under 
Subsection 
(5)(b)(i)
.
(ii)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
the commission may by rule define the term "catalogue sale."
(e)
(i)
Except as provided in Subsection 
(5)(f)
 or 
(g)
, if, for an annexation that occurs 
on or after July 1, 2004, the annexation will result in the enactment or repeal of a 
tax under this part for an annexing area, the enactment or repeal shall take effect:
(A)
on the first day of a calendar quarter; and
(B)
after a 90-day period beginning on the date the commission receives notice 
meeting the requirements of Subsection 
(5)(e)(ii)
 from the city or town that 
annexes the annexing area.
(ii)
The notice described in Subsection 
(5)(e)(i)(B)
 shall state:
(A)
that the annexation described in Subsection 
(5)(e)(i)
 will result in an 
enactment or repeal a tax under this part for the annexing area;
(B)
the statutory authority for the tax described in Subsection 
(5)(e)(ii)(A)
;
(C)
the effective date of the tax described in Subsection 
(5)(e)(ii)(A)
; and
(D)
the rate of the tax described in Subsection 
(5)(e)(ii)(A)
.
(f)
(i)
If the billing period for a transaction begins before the effective date of the 
enactment of the tax under this section, the enactment of the tax takes effect on the 
first day of the first billing period that begins on or after the effective date of the 
enactment of the tax.
(ii)
The repeal of a tax applies to a billing period if the billing statement for the 
billing period is produced on or after the effective date of the repeal of the tax 
imposed under this section.
(g)
(i)
If a tax due under this chapter on a catalogue sale is computed on the basis of 
sales and use tax rates published in the catalogue, an enactment or repeal of a tax 
described in Subsection 
(5)(e)(i)
 takes effect:
(A)
on the first day of a calendar quarter; and
(B)
beginning 60 days after the effective date of the enactment or repeal under 
Subsection 
(5)(e)(i)
.
(ii)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
the commission may by rule define the term "catalogue sale."
(6)
(a)
Before a city or town legislative body submits an opinion question to the residents 
of the city or town under Subsection 
(1)
, the city or town legislative body shall:
(i)
submit to the county legislative body in which the city or town is located a written 
notice of the intent to submit the opinion question to the residents of the city or 
town; and
(ii)
receive from the county legislative body:
(A)
a written resolution passed by the county legislative body stating that the 
county legislative body is not seeking to impose a tax under 
Part 7, County 
Option Funding for Botanical, Cultural, Recreational, and Zoological 
Organizations or Facilities
; or
(B)
a written statement that in accordance with Subsection 
(6)(b)
 the results of a 
county opinion question submitted to the residents of the county under 
Part 7, 
County Option Funding for Botanical, Cultural, Recreational, and Zoological 
Organizations or Facilities
, permit the city or town legislative body to submit 
the opinion question to the residents of the city or town in accordance with this 
part.
(b)
(i)
Within 60 days after the day the county legislative body receives from a city or 
town legislative body described in Subsection 
(6)(a)
 the notice of the intent to 
submit an opinion question to the residents of the city or town, the county 
legislative body shall provide the city or town legislative body:
(A)
the written resolution described in Subsection 
(6)(a)(ii)(A)
; or
(B)
written notice that the county legislative body will submit an opinion question 
to the residents of the county under 
Part 7, County Option Funding for 
Botanical, Cultural, Recreational, and Zoological Organizations or Facilities
, 
for the county to impose a tax under that part.
(ii)
If the county legislative body provides the city or town legislative body the 
written notice that the county legislative body will submit an opinion question as 
provided in Subsection 
(6)(b)(i)(B)
, the county legislative body shall submit the 
opinion question by no later than, from the date the county legislative body sends 
the written notice, the later of:
(A)
a 12-month period;
(B)
the next regular primary election; or
(C)
the next regular general election.
(iii)
Within 30 days of the date of the canvass of the election at which the opinion 
question under Subsection 
(6)(b)(ii)
 is voted on, the county legislative body shall 
provide the city or town legislative body described in Subsection 
(6)(a)
 written 
results of the opinion question submitted by the county legislative body under 
Part 
7, County Option Funding for Botanical, Cultural, Recreational, and Zoological 
Organizations or Facilities
, indicating that:
(A)
(I)
the city or town legislative body may not impose a tax under this part 
because a majority of the county's registered voters voted in favor of the 
county imposing the tax and the county legislative body by a majority vote 
approved the imposition of the tax; or
(II)
for at least 12 months from the date the written results are submitted to the 
city or town legislative body, the city or town legislative body may not 
submit to the county legislative body a written notice of the intent to submit 
an opinion question under this part because a majority of the county's 
registered voters voted against the county imposing the tax and the majority 
of the registered voters who are residents of the city or town described in 
Subsection 
(6)(a)
 voted against the imposition of the county tax; or
(B)
the city or town legislative body may submit the opinion question to the 
residents of the city or town in accordance with this part because although a 
majority of the county's registered voters voted against the county imposing the 
tax, the majority of the registered voters who are residents of the city or town 
voted for the imposition of the county tax.
(c)
Notwithstanding Subsection 
(6)(b)
, at any time a county legislative body may 
provide a city or town legislative body described in Subsection 
(6)(a)
 a written 
resolution passed by the county legislative body stating that the county legislative 
body is not seeking to impose a tax under 
Part 7, County Option Funding for 
Botanical, Cultural, Recreational, and Zoological Organizations or Facilities
, which 
permits the city or town legislative body to submit under Subsection 
(1)
 an opinion 
question to the city's or town's residents.
Section 83, Section 
59-12-2102
 is amended to read:
59-12-2102 (Effective 05/07/25). Definitions.
As used in this part:
(1)
"Annexation" means an annexation to a city or town under 
Title 10, Chapter 2, Part 4, 
Annexation
Title 10, Chapter 2, Part 8, Annexation
.
(2)
"Annexing area" means an area that is annexed into a city or town.
Section 84, Section 
63A-5b-305
 is amended to read:
63A-5b-305 (Effective 05/07/25). Duties and authority of director.
(1)
The director shall:
(a)
administer the division's duties and responsibilities;
(b)
report all property acquired by the state, except property acquired by an institution of 
higher education or the trust lands administration, to the director of the Division of 
Finance for inclusion in the state's financial records;
(c)
after receiving the notice required under Subsection 
10-2-419(3)(b)
10-2-903(3)(b)
, 
file a written protest at or before the public hearing under Subsection 
10-2-419(2)(b)
10-2-903(2)(b)
, if:
(i)
it is in the best interest of the state to protest the boundary adjustment; or
(ii)
the Legislature instructs the director to protest the boundary adjustment; and
(d)
take all other action that the director is required to take under this chapter or other 
applicable statute.
(2)
The director may:
(a)
create forms and make policies necessary for the division or director to perform the 
division or director's duties;
(b)
(i)
hire or otherwise procure assistance and service, professional, skilled, or 
otherwise, necessary to carry out the director's duties under this chapter; and
(ii)
expend funds provided for the purpose described in Subsection 
(2)(b)(i)
 through 
annual operation budget appropriations or from other nonlapsing project funds;
(c)
in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
make rules necessary for the division or director to perform the division or director's 
duties; and
(d)
take all other action necessary for carrying out the purposes of this chapter.
Section 85, Section 
63I-1-210
 is amended to read:
63I-1-210 (Effective 05/07/25). Repeal dates: Title 10.
(1)
Subsection 
10-1-104
(5)(c), regarding a preliminary municipality, is repealed January 1, 
2031.
(2)
Subsection 
10-2a-201.5
(1)(b), regarding a preliminary municipality, is repealed January 
1, 2031.
(3)
Subsection 
10-2a-202
(5), regarding a feasibility request, is repealed January 1, 2031.
(4)
Title 10, Chapter 2a, Part 5, Incorporation of a Preliminary Municipality
, is repealed 
January 1, 2031.
Section 86, 
Repealer.
Denying or approving the annexation petition -- Notice of approval.
Municipal selection committee.
Boundary commission member terms -- Staggered terms -- Chair -- 
Disqualification of commission member -- Alternate member.
Boundary commission authority -- Expenses -- Records.
Feasibility consultant -- Feasibility study -- Modifications to 
Modified annexation petition -- Supplemental feasibility study.
Commission decision -- Time limit -- Limitation on approval of 
District court review -- Notice.
Division of municipal-type services revenues.
Neither annexation nor boundary adjustment has an effect on the 
Section 87. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-30-25 12:17 PM