17B-1-210. Public hearing.

443 words·~2 min read·/ut/title-17b/chapter-1/17b-1-210

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

Effective 5/1/2024

(1)The legislative body of each county and municipality with which a request is filed or that adopts a resolution under Subsection 17B-1-203 (1)(e) and the board of trustees of each special district that adopts a resolution under Subsection 17B-1-203 (1)(f) shall hold a public hearing or a set of public hearings, sufficient in number and location to ensure that no substantial group of residents of the proposed special district need travel an unreasonable distance to attend a public hearing.

(2)Each public hearing under Subsection

(1)shall be held:

(a)no later than 45 days after:

(i)for a public hearing on a request, certification of a request under Subsection 17B-1-206 (1)(b)(i); or

(ii)for a public hearing on a resolution, adoption of a resolution under Subsection 17B-1-203 (1)(e) or (f);

(b)within the proposed special district;

(c)except as provided in Subsections

(6)and (7), within the applicable area; and

(d)for the purpose of:

(i)for a public hearing on a request, allowing public input on:

(A)whether the requested service is needed in the area of the proposed special district;

(B)whether the service should be provided by the county or municipality or the proposed special district; and

(C)all other matters relating to the request or the proposed special district; or

(ii)for a public hearing on a resolution, allowing the public to ask questions of and obtain further information from the governing body holding the hearing regarding the issues contained in or raised by the resolution.

(3)A quorum of each governing body holding a public hearing under this section shall be present throughout each hearing held by that governing body.

(4)Each hearing under this section shall be held on a weekday evening other than a holiday beginning no earlier than 6 p.m.

(5)At the beginning and end of each hearing concerning a resolution, the governing body shall announce the deadline for filing protests and generally explain the protest procedure and requirements.

(6)Two or more county or municipal legislative bodies may jointly hold a hearing or set of hearings required under this section if all the requirements of this section, other than the requirements of Subsection (2)(c), are met as to each hearing.

(7)Notwithstanding Subsection (2)(c), a governing body may hold a public hearing or set of public hearings outside the applicable area if:

(a)there is no reasonable place to hold a public hearing within the applicable area; and

(b)the public hearing or set of public hearings is held as close to the applicable area as reasonably possible.

Amended by Chapter 388 , 2024 General Session