§ 10-2-812 — Annexation of an island or peninsula without a petition -- Notice -- Hearing.

(1) Notwithstanding Subsection 10-2-804(4), a municipality may annex an unincorporated area under this section without an annexation petition if:
(1)(a) for an unincorporated area within the expansion area of more than one municipality, each municipality agrees to the annexation; and
(1)(b) (1)(b)(i) (1)(b)(i)(A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality;
(1)(b)(i)(B) the majority of each island or peninsula consists of residential or commercial development;
(1)(b)(i)(C) the area proposed for annexation requires the delivery of municipal-type services; and
(1)(b)(i)(D) the municipality has provided most or all of the municipal-type services to the area for more than one year;
(1)(b)(ii) (1)(b)(ii)(A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; and
(1)(b)(ii)(B) the municipality has provided one or more municipal-type services to the area for at least one year;
(1)(b)(iii) the area consists of:
(1)(b)(iii)(A) an unincorporated island within or an unincorporated peninsula contiguous to the municipality; and
(1)(b)(iii)(B) no more than 50 acres; or
(1)(b)(iv) (1)(b)(iv)(A) the area to be annexed consists only of one or more unincorporated islands in a county of the second class;
(1)(b)(iv)(B) the area to be annexed is located in the expansion area of a municipality; and
(1)(b)(iv)(C) the county legislative body in which the municipality is located provides notice to each property owner within the area to be annexed that the county legislative body will hold a public hearing, no less than 15 days after the day on which the county legislative body provides the notice, and may make a recommendation of annexation to the municipality whose expansion area includes the area to be annexed after the public hearing.
(2) Notwithstanding Subsection 10-2-804(2)(c), a municipality may annex a portion of an unincorporated island or unincorporated peninsula under this section, leaving unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:
(2)(a) in adopting the resolution under Subsection (3)(a) the municipal legislative body determines that not annexing the entire unincorporated island or unincorporated peninsula is in the municipality's best interest; and
(2)(b) for an annexation of one or more unincorporated islands under Subsection (1)(b), the entire island of unincorporated area, of which a portion is being annexed, complies with the requirement of Subsection (1)(b)(ii) relating to the number of residents.
(3) The legislative body of each municipality intending to annex an area under this section shall:
(3)(a) adopt a resolution indicating the municipal legislative body's intent to annex the area, describing the area proposed to be annexed; and
(3)(b) hold a public hearing on the proposed annexation no earlier than 30 days after the adoption of the resolution described in Subsection (3)(a).
(4) A legislative body described in Subsection (3) shall provide notice of a public hearing described in Subsection (3)(b):
(4)(a) for at least three weeks before the day of the public hearing, for the municipality and the area proposed for annexation, as a class B notice under Section 63G-30-102; and
(4)(b) by sending written notice to:
(4)(b)(i) the board of each special district and special service district whose boundaries contain some or all of the area proposed for annexation; and
(4)(b)(ii) the legislative body of the county in which the area proposed for annexation is located.
(5) The legislative body of the annexing municipality shall ensure that:
(5)(a) each notice described in Subsection (4):
(5)(a)(i) states that the municipal legislative body has adopted a resolution indicating the municipality's intent to annex the area proposed for annexation;
(5)(a)(ii) states the date, time, and place of the public hearing described in Subsection (3)(b);
(5)(a)(iii) describes the area proposed for annexation; and
(5)(a)(iv) except for an annexation that meets the requirements of Subsection (6)(b) or (c), states in conspicuous and plain terms that the municipal legislative body will annex the area unless, at or before the public hearing described in Subsection (3)(b), written protests to the annexation are filed by the owners of private real property that:
(5)(a)(iv)(A) is located within the area proposed for annexation;
(5)(a)(iv)(B) covers a majority of the total private land area within the entire area proposed for annexation; and
(5)(a)(iv)(C) is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation; and
(5)(b) the first publication of the notice described in Subsection (4)(a) occurs within 14 days after the day on which the municipal legislative body adopts a resolution under Subsection (3)(a).
(6) (6)(a) Except as provided in Subsections (6)(b)(i) and (6)(c)(i), upon conclusion of the public hearing described in Subsection (3)(b), the municipal legislative body may adopt an ordinance approving the annexation of the area proposed for annexation under this section unless, at or before the hearing, written protests to the annexation have been filed with the recorder or clerk of the municipality by the owners of private real property that:
(6)(a)(i) is located within the area proposed for annexation;
(6)(a)(ii) covers a majority of the total private land area within the entire area proposed for annexation; and
(6)(a)(iii) is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation.
(6)(b) (6)(b)(i) Notwithstanding Subsection (6)(a), upon conclusion of the public hearing described in Subsection (3)(b), a municipality may adopt an ordinance approving the annexation of the area proposed for annexation under this section without allowing or considering protests under Subsection (6)(a) if the owners of at least 75% of the total private land area within the entire area proposed for annexation, representing at least 75% of the value of the private real property within the entire area proposed for annexation, have consented in writing to the annexation.
(6)(b)(ii) Upon the effective date under Section 10-2-813 of an annexation approved by an ordinance adopted under Subsection (6)(b)(i), the area annexed is conclusively presumed to be validly annexed.
(6)(c) (6)(c)(i) Notwithstanding Subsection (6)(a), upon conclusion of the public hearing described in Subsection (3)(b), a municipality may adopt an ordinance approving the annexation of an area that the county legislative body proposes for annexation under this section without allowing or considering protests under Subsection (6)(a) if the county legislative body has formally recommended annexation to the annexing municipality and has made a formal finding that:
(6)(c)(i)(A) the area to be annexed can be more efficiently served by the municipality than by the county;
(6)(c)(i)(B) the area to be annexed is not likely to be naturally annexed by the municipality in the future as the result of urban development;
(6)(c)(i)(C) annexation of the area is likely to facilitate the consolidation of overlapping functions of local government; and
(6)(c)(i)(D) annexation of the area is likely to result in an equitable distribution of community resources and obligations.
(6)(c)(ii) The county legislative body may base the finding required in Subsection (6)(c)(i)(B) on:
(6)(c)(ii)(A) existing development in the area;
(6)(c)(ii)(B) natural or other conditions that may limit the future development of the area; or
(6)(c)(ii)(C) other factors that the county legislative body considers relevant.
(6)(c)(iii) A county legislative body may make the recommendation for annexation required in Subsection (6)(c)(i) for only a portion of an unincorporated island if, as a result of information provided at the public hearing, the county legislative body makes a formal finding that it would be equitable to leave a portion of the island unincorporated.
(6)(c)(iv) If a county legislative body has made a recommendation of annexation under Subsection (6)(c)(i):
(6)(c)(iv)(A) the relevant municipality is not required to proceed with the recommended annexation; and
(6)(c)(iv)(B) if the relevant municipality proceeds with annexation, the municipality shall annex the entire area that the county legislative body recommended for annexation.
(6)(c)(v) Upon the effective date under Section 10-2-813 of an annexation approved by an ordinance adopted under Subsection (6)(c)(i), the area annexed is conclusively presumed to be validly annexed.
(7) (7)(a) Except as provided in Subsections (6)(b)(i) and (6)(c)(i), if protests are timely filed under Subsection (6)(a), the municipal legislative body may not adopt an ordinance approving the annexation of the area proposed for annexation, and the annexation proceedings under this section shall be considered terminated.
(7)(b) Subsection (7)(a) does not prohibit the municipal legislative body from excluding from a proposed annexation under Subsection (1)(b) the property within an unincorporated island regarding which protests have been filed and proceeding under Subsection (2) to annex some or all of the remaining portion of the unincorporated island.
(8) Nothing in this section prohibits a municipal legislative body from excluding from a proposed annexation any property that is the subject of a protest, or excluding from a proposed annexation any property for any other reason, and proceeding with the annexation of the non-excluded property if:
(8)(a) the non-excluded property complies with Subsection (1); and
(8)(b) the requirements of Subsection (2) are met.

Legislative History

Renumbered and Amended by Chapter 399, 2025 General Session