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Utah Code Title 10. Utah Municipal Code § 10-2-416. Commission decision--Time limit--Limitation on approval of annexation

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) Subject to Subsections (1)(b) and (3), after the public hearing under Subsection 10-2-415(1) the boundary commission may:

(i) approve the proposed annexation, either with or without conditions;

(ii) make minor modifications to the proposed annexation and approve it, either with or without conditions; or

(iii) disapprove the proposed annexation.

(b) If a legislative body or governing board of an affected entity files a timely protest to the annexation petition in accordance with Section 10-2-407, the boundary commission, in making a decision under Subsection (1)(a), shall consider and weigh the preferences, to the extent made known during the boundary commission's proceedings, of:

(i) the person or persons who submitted the annexation petition; and

(ii) any property owner who has timely filed a protest in accordance with Section 10-2-407.

(2) The commission shall issue a written decision on the proposed annexation within 30 days after the conclusion of the hearing under Section 10-2-415 and shall send a copy of the decision to:

(a) the legislative body of the county in which the area proposed for annexation is located;

(b) the legislative body of the proposed annexing municipality;

(c) the contact person on the annexation petition;

(d) the contact person of each entity that filed a protest; and

(e) if a protest was filed under Subsection 10-2-407(1)(c) with respect to a proposed annexation of an area located in a county of the first class, the contact person designated in the protest.

(3) Except for an annexation for which a feasibility study may not be required under Subsection 10-2-413(1)(b), the commission may not approve a proposed annexation of an area located within a county of the first class unless the results of the feasibility study under Section 10-2-413 show that the average annual amount under Subsection 10-2-413(3)(a)(ix) does not exceed the average annual amount under Subsection 10-2-413(3)(a)(viii) by more than 5%.

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Cite this article: FindLaw.com - Utah Code Title 10. Utah Municipal Code § 10-2-416. Commission decision--Time limit--Limitation on approval of annexation - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-10-utah-municipal-code/ut-code-sect-10-2-416/

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