17B-1-502. Withdrawal of area from special district -- Automatic withdrawal in certain circumstances.

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

Effective 5/6/2026

(a)An area within the boundaries of a special district may be withdrawn from the special district only as provided in this part or, if applicable, as provided in Chapter 2a, Part 11 , Municipal Services District Act.

(b)Except as provided in Subsections

(2)and

(3), the inclusion of an area of a special district within a municipality because of a municipal incorporation under Title 10, Chapter 2a , Municipal Incorporation, a municipal annexation under Title 10, Chapter 2, Part 8 , Annexation, or a boundary adjustment under Title 10, Chapter 2, Part 9 , Municipal Boundary Adjustments, does not affect the requirements under this part for the process of withdrawing that area from the special district.

(a)An area within the boundaries of a special district is automatically withdrawn from the special district by the annexation of the area to a municipality under Title 10, Chapter 2, Part 8 , Annexation, or the adding of the area to a municipality by boundary adjustment under Title 10, Chapter 2, Part 9 , Municipal Boundary Adjustments, if:

(i)the special district provides:

(A)fire protection, paramedic, and emergency services; or

(B)law enforcement service;

(ii)an election for the creation of the special district was not required because of Subsection 17B-1-214(3)(d) or

(g); and

(iii)before annexation or boundary adjustment, the boundaries of the special district do not include any of the annexing municipality.

(b)The effective date of a withdrawal under this Subsection

(2)is governed by Subsection 17B-1-512(2)(b) .

(a)Except as provided in Subsection (3)(c) or

(d), an area within the boundaries of a special district located in a county of the first class is automatically withdrawn from the special district by the incorporation of a municipality whose boundaries include the area if:

(i)the special district provides municipal services, as defined in Section 17B-2a-1102 , excluding fire protection, paramedic, emergency, and law enforcement services;

(ii)an election for the creation of the special district was not required because of Subsection 17B-1-214(3)(g) ; and

(iii)the legislative body of the newly incorporated municipality:

(A)adopts a resolution no later than 180 days after the effective date of incorporation approving the withdrawal that includes the legal description of the area to be withdrawn; and

(B)delivers a copy of the resolution to the board of trustees of the special district.

(b)The effective date of a withdrawal under this Subsection

(3)is governed by Subsection 17B-1-512(2)(a) .

(c)Section 17B-1-505 governs the withdrawal of an area within a county of the first class if:

(i)the special district from which the area is withdrawn provides:

(A)fire protection, paramedic, and emergency services;

(B)law enforcement service; or

(C)municipal services, as defined in Section 17B-2a-1102 ;

(ii)an election for the creation of the special district was not required under Subsection 17B-1-214(3)(d) or

(g); and

(iii)for a special district that provides municipal services, as defined in Section 17B-2a-1102 , excluding fire protection, paramedic, emergency, and law enforcement services, the 180-day period described in Subsection (3)(a)(iii)(A) is expired.

(d)An area may not be withdrawn from a special district that provides municipal services, as defined in Section 17B-2a-1102 , excluding fire protection, paramedic, emergency, and law enforcement services, if the area is within a converted municipality, as defined in Section 10-1-201.5 .

Amended by Chapter 319 , 2026 General Session