10-2-804. Annexation -- Limitations.

791 words·~4 min read·/ut/title-10/chapter-2/10-2-804

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

Effective 5/7/2025

(1)A contiguous, unincorporated area that is contiguous to a municipality may be annexed to the municipality as provided in this part.

(2)Except as provided in Subsection (3), a municipality may not annex an unincorporated area unless:

(a)the unincorporated area is a contiguous area;

(b)the unincorporated area is contiguous to the municipality;

(c)annexation will not leave or create an unincorporated island or unincorporated peninsula:

(i)except as provided in Subsection 10-2-812(2) ;

(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

(iii)unless the county and municipality have otherwise agreed; and

(d)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 .

(3)A municipality may annex an unincorporated area within a specified county that does not meet the requirements of Subsection (2), leaving or creating an unincorporated island or unincorporated peninsula, if:

(a)the area is within the annexing municipality's expansion area;

(b)the county in which the area is located and the annexing municipality agree to the annexation;

(c)the area is not within the area of another municipality's annexation policy plan, unless the other municipality agrees to the annexation; and

(d)the annexation is for the purpose of providing municipal services to the area.

(4)Except as provided in Section 10-2-812 , a municipality may not annex an unincorporated area unless a petition under Section 10-2-806 is filed requesting annexation.

(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 10-2-806 .

(b)A piece of real property that has more than one parcel number is considered to be a single parcel for purposes of Subsection (5)(a) if owned by the same owner.

(6)A municipality may not annex an unincorporated area for the sole purpose of acquiring municipal revenue or to 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.

(a)As used in this Subsection (7), "airport" means an area that the Federal Aviation Administration has, by a record of decision, approved for the construction or operation of a Class I, II, or III commercial service airport, as designated by the Federal Aviation Administration in 14 C.F.R. Part 139.

(b)A municipality may not annex an unincorporated area within 5,000 feet of the center line of any runway of an airport operated or to be constructed and operated by another municipality unless the legislative body of the other municipality adopts a resolution consenting to the annexation.

(c)A municipality that operates or intends to construct and operate an airport and does not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b) may not deny an annexation petition proposing the annexation of that same area to that municipality.

(a)As used in this Subsection (8):

(i)"Authority" means the same as that term is defined in Section 63H-1-102 .

(ii)"Project area" means 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)The authority may petition for annexation of the following areas to a municipality as if the authority was the sole private property owner within the area:

(i)an area within a project area;

(ii)an area that is contiguous to a project area and within the boundaries of a military installation;

(iii)an area owned by the authority; and

(iv)an area that is contiguous to an area owned by the authority that the authority plans to add to an existing project area.

(a)Except as provided in Subsection (9)(b) , a municipality may not annex an unincorporated area if:

(i)the unincorporated area is proposed for incorporation in:

(A)a feasibility study conducted under Section 10-2a-205 ; or

(B)a supplemental feasibility study conducted under Section 10-2a-206 ; and

(ii)the county clerk completes the second public hearing on the proposed incorporation under Subsection 10-2a-207(4) .

(b)If an unincorporated area proposed for incorporation, as described in Subsection (9)(a)(i) , does not incorporate within three years from the day on which the county clerk completes the second public hearing on the proposed municipality, a municipality may annex the unincorporated area.

Renumbered and Amended by Chapter 399 , 2025 General Session