17-61-402.
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/ut/title-17/chapter-61/17-61-402·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 11/6/2025
17-61-402. Certification of returns -- Governor's proclamation of creation of new county -- Notice and plat to lieutenant governor -- Recording requirements -- Effective date.
(a)If a petition for the creation of a new county impacts only one seceding county, the proposition submitted to voters under Section 17-61-401 shall be approved by a majority vote of those voters who reside:
(i)in the portion of the seceding county proposed as a new county; and
(ii)in the remaining portion of the seceding county.
(b)If a petition for the creation of a new county impacts more than one seceding county, the proposition submitted to voters under Section 17-61-401 shall be approved by a majority of those voters who reside:
(i)in each portion of each seceding county proposed to be part of a new county; and
(ii)in each remaining portion of each seceding county.
(2)If it appears that any proposition submitted to the voters as provided in Section 17-61-401 has been approved as described in Subsection
(1):
(a)the lieutenant governor, upon receiving the certified report under Section 20A-4-304 , shall certify the result to the governor; and
(b)upon receiving the results from the lieutenant governor under Subsection (1)(a) , the governor shall issue a proclamation, stating:
(i)the result of the vote in each division of the county;
(ii)the name and boundaries of the new county;
(iii)the boundaries of a seceding county as changed by the creation of the new county;
(iv)that the creation of the new county will take effect on the first Monday in January following the lieutenant governor's issuance of a certificate of creation under Section 67-1a-6.5 ;
(v)the name proposed in the petition as the name of the new county; and
(vi)the judicial district to which the new county belongs.
(3)The legislative body of the county from which the greatest portion of the new county was taken shall:
(a)within 30 days after the issuance of the governor's proclamation under Subsection
(1), send to the lieutenant governor:
(i)a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5(3) ; and
(ii)a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
(b)upon the lieutenant governor's issuance of a certificate of creation under Section 67-1a-6.5 , submit to the recorder of the new county:
(i)the original notice of an impending boundary action;
(ii)the original certificate of creation;
(iii)the original approved final local entity plat; and
(iv)a certified copy of the governor's proclamation under Subsection
(1).
(a)The new county that is the subject of the lieutenant governor's certificate of creation under Section 67-1a-6.5 is a county of the state from and after January 1 following the issuance of the lieutenant governor's certificate of creation.
(i)The effective date of the creation of a new county for purposes of assessing property within the county is governed by Section 59-2-305.5 .
(ii)Until the documents listed in Subsection (2)(b) are recorded in the office of the recorder of the new county, the new county may not:
(A)levy or collect a property tax on property in the county;
(B)levy or collect an assessment on property in the county; or
(C)charge or collect a fee for service provided to property within the county.
Renumbered and Amended by Chapter 13 , 2025 Special Session 1