10-2-801. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

As used in this part:

(1)"Affected area" means an annexed area or area proposed for annexation.

(2)"Affected entity" means:

(a)a county of the first or second class in whose unincorporated area the area proposed for annexation is located;

(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;

(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;

(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

(e)a municipality whose boundaries are within 1/2 mile of an area proposed for annexation.

(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(5) .

(4)"Annexation petition" means a petition under Section 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 .

(7)"Expansion area" means the unincorporated area that is identified in an annexation policy plan under Section 10-2-803 as the area that the municipality anticipates annexing in the future.

(8)"Feasibility consultant" means a person or firm with expertise in the processes and economics of local government.

(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.

(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.

(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.

(a)"Rural real property" means a group of contiguous tax parcels, or a single tax parcel, that:

(i)are under common ownership;

(ii)consist of no less than 1,000 total acres;

(iii)are zoned for manufacturing or agricultural purposes; and

(iv)do not have a residential unit density greater than one unit per acre.

(b)"Rural real property" includes any portion of private real property, if the private real property:

(i)qualifies as rural real property under Subsection (14)(a) ; and

(ii)consists of more than 1,500 total acres.

(15)"Specified county" means a county of the second, third, fourth, fifth, or sixth class.

(16)"Unincorporated peninsula" means an unincorporated area:

(a)that is part of a larger unincorporated area;

(b)that extends from the rest of the unincorporated area of which it is a part;

(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

(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.

(17)"Urban development" means:

(a)a housing development with more than 15 residential units and an average density greater than one residential unit per acre; or

(b)a commercial or industrial development for which cost projections exceed $750,000 for all phases.

Amended by Chapter 472 , 2026 General Session