10-2a-206. Modified feasibility request -- Supplemental feasibility study.

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Effective 5/6/2026

(1)As used in this section, "specified landowner" means the same as that term is defined in Section 10-2a-204.5 .

(a)The sponsors of a feasibility request may modify the request to alter the boundaries of the proposed municipality and refile the modified feasibility request with the county clerk if:

(i)the results of the feasibility study do not comply with Subsection 10-2a-205(5)(a) ; or

(A)the feasibility request complies with Subsection 10-2a-201.5(4)(b) ;

(B)the annexation petition described in Subsection 10-2a-201.5(4)(b) that proposed the annexation of an area that is part of the area proposed for incorporation has been denied; and

(C)an incorporation petition based on the feasibility request has not been filed.

(i)The sponsors of a feasibility request may not file a modified request under Subsection (2)(a)(i) more than 90 days after the day on which the feasibility consultant submits the final results of the feasibility study under Subsection 10-2a-205(2)(c)(iii) .

(ii)The sponsors of a feasibility request may not file a modified request under Subsection (2)(a)(ii) more than 18 months after filing the original feasibility request under Section 10-2a-202 .

(i)Subject to Subsection (2)(c)(ii) , each modified feasibility request under Subsection (2)(a) shall comply with Subsections 10-2a-202(1) , (3), (4), and

(5)and Subsection 10-2a-201.5(4) .

(ii)Notwithstanding Subsection (2)(c)(i) , a signature on a feasibility request filed under Section 10-2a-202 may be used toward fulfilling the signature requirement of Subsection 10-2a-202(1)(a) for the feasibility request as modified under Subsection (2)(a) , unless the modified feasibility request proposes the incorporation of an area that is more than 20% larger or smaller than the area described by the original feasibility request in terms of:

(A)private land area; or

(B)assessed fair market value of private real property, as of January 1 of the current year.

(d)Within 20 days after the day on which the county clerk receives the modified request, the county clerk and the lieutenant governor shall follow the same procedure described in Subsections 10-2a-204(1) through

(6)for the modified feasibility request as for an original feasibility request.

(i)If a sponsor files a modified feasibility request that includes an area of land that was not included in the original feasibility request, the county clerk shall, within seven days after the day on which the sponsor files the modified feasibility request with the lieutenant governor, identify any new specified landowners located within the added area of land and mail written notice to each of the new specified landowners.

(ii)The notice described in Subsection (2)(e)(i) shall:

(A)describe the added area of land; and

(B)state that a specified landowner who owns land within the added area may request exclusion of the land from the proposed incorporation boundaries by filing a request for exclusion with the county clerk within 30 days after the day on which the county clerk mails the notice.

(i)A specified landowner who owns land within the added area described in Subsection (2)( e)(i) may request exclusion of the land from the proposed incorporation boundaries by filing a request for exclusion with the county clerk within 30 days after the day on which the county clerk mails the notice described in Subsection

(2)(e)(i).

(ii)The county clerk shall process a request for exclusion filed under Subsection ( 2)(f)(i) in accordance with Subsections 10-2a-204.5(3) through

(7), except that the deadlines calculated from the first public hearing in Section 10-2a-204.5 shall instead be calculated from the day on which the county clerk mails notice described in Subsection (2)(e)(i) .

(g)Within 10 days after the day on which the time period for a specified landowner to request exclusion under Subsection (2)(f) expires, or if a sponsor files a modified feasibility request that does not include a new area of land, within 10 days after the sponsor files the modified feasibility request, the lieutenant governor shall:

(i)estimate the cost of a supplemental feasibility study under this section; and

(ii)provide the estimated cost to the feasibility request sponsors.

(h)Within 20 days after the lieutenant governor provides the estimated supplemental feasibility study cost, the feasibility request sponsors shall pay the estimated cost to the lieutenant governor for a supplemental feasibility study conducted on or after May 1, 2024.

(3)The timely filing of a modified feasibility request under Subsection

(2)gives the modified feasibility request the same processing priority under Subsection 10-2a-204(7) as the original feasibility request if the feasibility request sponsors pay the estimated cost of the supplemental feasibility study as required in Subsection (2)(e) .

(4)Except as provided in Subsection

(5), within 10 days after the day on which the lieutenant governor receives payment of the estimated supplemental feasibility study cost, the lieutenant governor shall commission the feasibility consultant who conducted the feasibility study to conduct a supplemental feasibility study that accounts for the modified feasibility request.

(5)If a modified feasibility request includes an area of land that was not included in the original feasibility request, the lieutenant governor may not commission a supplemental feasibility study under Subsection

(4)unless:

(a)the deadline for filing a request for exclusion described in Subsection (2)(f) has passed; and

(b)the county clerk and lieutenant governor have issued a final determination on any request for exclusion filed in accordance with Subsection (2)(f) .

(6)The lieutenant governor shall require the feasibility consultant to:

(a)submit a draft of the supplemental feasibility study to each applicable person with whom the feasibility consultant is required to consult under Subsection 10-2a-205(3)(c) within 30 days after the day on which the feasibility consultant is engaged to conduct the supplemental study;

(b)allow each person to whom the consultant provided a draft under Subsection (6)(a) to review and provide comment on the draft; and

(c)submit a completed supplemental feasibility study, to the following within 45 days after the day on which the feasibility consultant is engaged to conduct the feasibility study:

(i)the lieutenant governor;

(ii)the county legislative body of the county in which the incorporation is proposed;

(iii)the contact sponsor; and

(iv)each person to whom the consultant provided a draft under Subsection (6)(a) .

(7)If the results of the supplemental feasibility study do not comply with Subsection 10-2a-205(5)(a) :

(a)the process to incorporate the area that is the subject of the supplemental feasibility study may not proceed; and

(b)a feasibility request under Section 10-2a-202 may not be filed within 18 months after the date of the supplemental feasibility study if the feasibility request proposes the incorporation of an area included within the area described in the supplemental feasibility study.

Amended by Chapter 166 , 2026 General Session