10-2-811. Public hearing of protest -- Notice -- Decision -- Municipal legislative action -- Judicial review.

966 words·~4 min read·/ut/title-10/chapter-2/10-2-811

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Effective 5/7/2025

(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:

(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

(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.

(5)The boundary commission may postpone a scheduled public hearing, but no postponed hearing may be held later than 60 days after the original hearing date.

(6)In considering a protest, the boundary commission shall consider whether the proposed annexation:

(a)complies with the requirements of:

(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.

(a)The boundary commission shall record each public hearing under this section by electronic means.

(b)The record of a boundary commission proceeding includes:

(i)the transcription of the recording under Subsection (8)(a) ;

(ii)the feasibility study, if applicable;

(iii)information received at the hearing; and

(iv)the written decision of the boundary commission.

(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.

(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) 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.

Renumbered and Amended by Chapter 399 , 2025 General Session