10-2-803. Annexation policy plan.

901 words·~4 min read·/ut/title-10/chapter-2/10-2-803

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

Effective 5/7/2025

(1)Except as provided in Subsection

(9), 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).

(a)Each proposed annexation policy plan shall include:

(i)a map of the expansion area which may include territory located outside the county in which the municipality is located;

(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:

(A)the character of the community;

(B)the need for municipal services in developed and undeveloped unincorporated areas;

(C)the municipality's plans for extension of municipal services;

(D)how the services will be financed;

(E)an estimate of the tax consequences to residents both currently within the municipal boundaries and in the expansion area; and

(F)the interests of all affected entities; and

(iii)justification for excluding from the expansion area any area containing urban development within 1/2 mile of the municipality's boundary; and

(b)In addition to the requirements described in Subsection (2)(a), a recommended annexation policy plan shall 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).

(3)In preparing a proposed annexation policy plan, the planning commission 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 10-2-806(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 comments from affected entities under Subsection

(b)or written comments under (4)(d):

(i)if appropriate, make modifications to the proposed annexation policy plan; 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.

(7)Within 30 days after adopting a recommended or modified 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.

(8)Nothing in this chapter may be construed to prohibit or restrict two or more municipalities from negotiating and cooperating with respect to defining each municipality's expansion area under an annexation policy plan.

(a)This section does not apply to a municipality engaged in an automatic annexation under Section 10-2-814 .

(b)A municipality is not required to comply with the provisions of this section for an annexation petition that is pending on May 7, 2025.

Renumbered and Amended by Chapter 399 , 2025 General Session