10-2-810.
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Effective 5/7/2025
10-2-810. 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 10-2-806 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)an owner of private real property located in a mining protection area.
(2)Each protest under Subsection
(1)shall:
(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 justification for the protest under the standards established in this part;
(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 municipal records officer of the proposed annexing municipality.
(4)Each county clerk who receives a protest under Subsection (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 Section 10-2-809 , if the boundary commission has not previously been created.
(a)If a protest is filed under this section:
(i)the municipal legislative body may, at the next regular municipal legislative meeting 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 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 10-2-811 .
(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.
(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.
Renumbered and Amended by Chapter 399 , 2025 General Session