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Creating New Counties

Utah Code tit. 17, ch. 17-61, pt. 17-61-P4
in effect

Utah Code § 17-61-401 Creating a new county -- Petition -- Certification of petition signatures -- Removal of signature -- Election -- Ballots.

17-61-401. Creating a new county -- Petition -- Certification of petition signatures -- Removal of signature -- Election -- Ballots. (1) (a) Whenever a voter desires to have the territory within which the voter resides created into a new county, the voter may file a petition for the creation of a new county with the county legislative body of the seceding county in which the voter resides as described in this section. (b) The first page of a petition described in this section shall include the following statement in at least the same size type as the majority of the other statements on the page: "WARNING TO SIGNERS WITH PRIVATE VOTER REGISTRATION RECORDS If you sign this petition, your voter identification number and the date you signed may be publicly disclosed. This disclosure may occur even if you are an at-risk voter with a voter registration record that has been classified as a private record." (2) (a) The petition described in Subsection (1) shall: (i) propose the name and define the boundaries of the new county; and (ii) be signed: (A) by at least one-fourth of the voters residing in the portion of the seceding county proposed to be created into a new county; and (B) by no less than one-fourth of the voters residing in the remaining portion of the seceding county. (b) If a petition proposes to take territory from more than one seceding county, the requirements of Subsection (2)(a)(ii) apply to each seceding county affected by the petition. (c) The number of voters residing in a portion of the county is the same as the number of active voters, as defined in Section 20A-7-501, for that area. (3) A voter shall file a petition for the creation of a new county on or before the first Monday in May of any year with the county legislative body of the seceding county. (4) (a) Within three business days after the day on which a county legislative body receives a petition, the county legislative body shall provide the petition to the county clerk. (b) Within 14 days after the day on which a county clerk receives a petition from the county legislative body under Subsection (4)(a), the county clerk shall: (i) use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (2); (ii) certify on the petition whether each name is that of a registered voter in the seceding county; and (iii) deliver the certified petition to the county legislative body. (5) (a) An individual who signs a petition under this section may have the individual's signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the individual's signature be removed. (b) A statement described in Subsection (5)(a) shall comply with the requirements described in Subsection 20A-1-1003(2). (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature. (6) The seceding county legislative body shall cause the proposition to be submitted to the voters residing in the seceding county at a special election to be held according to the dates established in Section 20A-1-204, first causing 30 days' notice of the election to be given in the manner provided by law for giving notice of general elections. (7) The county clerk shall ensure that the special election is held, the result canvassed, and returns made under the provisions of the general election laws. (8) The form of ballot to be used at the special election shall be: For the creation of (supplying the name proposed) county. Against the creation of (supplying the name proposed) county. (9) (a) Subject to Subsection (9)(b), the expenses of any special election described in this section shall be paid out of the general fund of the seceding county. (b) If the voters approve the creation of the new county, the new county shall reimburse the seceding county for half of the cost of the special election within one year of the effective date of the new county from the general fund of the new county. Amended by Chapter 102, 2026 General Session

Utah Code § 17-61-402 Certification of returns -- Governor's proclamation of creation of new county -- Notice and plat to lieutenant governor -- Recording requirements -- Effective date.

17-61-402. Certification of returns -- Governor's proclamation of creation of new county -- Notice and plat to lieutenant governor -- Recording requirements -- Effective date. (1) (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). (4) (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. (b) (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

Utah Code § 17-61-403 County seat, selection by election -- First officers -- Election.

17-61-403. County seat, selection by election -- First officers -- Election. (1) When a new county is created under the provisions of this chapter, the county legislative body of the seceding county from which the greatest portion of territory is taken to create the new county shall provide for an election to: (a) select a county seat for the new county; and (b) elect officers for the new county. (2) If a new county is created during a year when no general election is scheduled to be held, the seceding county from which the greatest portion of territory was taken shall call a special election to select a county seat and county officers for the new county: (a) to be held on the first Tuesday after the first Monday of November following; and (b) to be conducted under the laws providing for general elections. (3) The county clerk of the seceding county from which the greatest portion of territory is taken shall ensure that only voters who are residents of the new county vote in an election or special election described in this section. (4) (a) Except as provided in Subsection (4)(c), in an election or special election to select a county seat for the new county, the county clerk of the seceding county described in Subsection (2) shall: (i) list all cities and towns located in the new county on a ballot for a new county seat; or (ii) list the five most populous cities and towns located in the new county, if there are at least five cities and towns located in the new county, on a ballot for a new county seat. (b) The city or town in the new county receiving the largest number of votes for designation as county seat shall be the county seat of the new county. (c) If the county seat of a seceding county is included in the new county created under this part: (i) the county seat of the seceding county shall be the county seat of the new county; and (ii) a new county seat of the seceding county shall be chosen in accordance with the requirements of Utah Constitution, Article XI, Section 2. (5) In an election for county officers for the new county, the county clerk of the seceding county described in Subsection (2) shall: (a) accept candidates for county officers for the new county in the same manner as described in Title 20A, Election Code; and (b) ensure that all candidates who meet the requirements established by law for county office are listed on the ballot for the election or special election of county officers for the new county. (6) The new county shall reimburse the seceding county described in Subsection (2) for the expenses of an election or special election held under this section within one year from the day on which the election or special election is held. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-61-404 Records to be transmitted -- Expenses for transcribing and transfer.

17-61-404. Records to be transmitted -- Expenses for transcribing and transfer. (1) (a) Whenever a new county is created under the provisions of this part, the county executive of the seceding county shall furnish to the respective officers of the new county, in a form suitable for creating permanent records, certified copies of all records or parts of records pertaining to or affecting the title of real or personal property in the new county. (b) The certified copies described in Subsection (1)(a) shall be complete as of the effective creation date of the new county. (c) The original records, books, maps, or plats, whether filed or recorded, or filed papers which exclusively relate to or affect the title to land in the new county or which affect personal property owned by residents of the new county, shall be transferred by the seceding county to the custody of the relevant county officer of the new county. (d) For a record of any antecedent county that has been compiled or arranged in a manner that the record may be divided by segregating the instruments that relate to or affect exclusively the title to land in the new county or personal property owned by residents of the new county, the record shall be divided and the separate parts of the divided record shall be the property of the county to which the information within the record relates. (2) The county clerk of a seceding county shall transfer to the new county: (a) (i) except as provided in Subsection (2)(a)(ii), original records in the possession of the seceding county of all corporations whose principal place of business is situated in the new county; or (ii) if the original record of a corporation is unavailable, or it is otherwise impractical to transfer an original record, a certified copy of the original record in the possession of the seceding county pertaining to any corporation whose principal place of business is situated in the new county along with all original documents, files, and papers relating to the corporation; (b) (i) except as provided in Subsection (2)(b)(ii), certified copies of all recorded official bonds, if any, of county officers within the new county in force at the time the new county is created; or (ii) if an official bond of a county officer is recorded in such manner that the original record may be transferred to the new county, the official bond; (c) bonds of local officers within the new county which are required by law to be filed, if in the possession of the seceding county; (d) official registers, books, papers, and files of every description relating to or affecting elections, both general and local, which shall have been held in any district, precinct, or other subdivision wholly within the new county that are in the possession of the seceding county; (e) certified copies of the last election proceedings had in any districts which are partly in the new county and partly in the seceding county; (f) records, maps, plats, files, and papers relating to or affecting the creation, regulation and operation of irrigation, drainage and mosquito abatement districts which are wholly within the new county and in the possession of the seceding county; and (g) certified copies of records, maps, plats, files, and papers relating to and affecting the creation, regulation and operation of irrigation, drainage, and mosquito abatement districts which are partly in the new and partly in the seceding county. (3) All expenses lawfully incurred by a seceding county for transcribing, copying, and transferring records provided for in this section shall be reimbursed from the general funds of the new county no later than 30 days from the day on which the record is transferred to the new county. Amended by Chapter 105, 2026 General Session

Utah Code § 17-61-405 Effect on precincts and school and other districts -- Indebtedness.

17-61-405. Effect on precincts and school and other districts -- Indebtedness. (1) All precincts, school districts, road districts, and election districts entirely in the new county that existed before the creation of the new county: (a) continue; and (b) become precincts, school districts, road districts, and election districts of the new county. (2) The respective officers of the precincts, school districts, road districts, and election districts described in Subsection (1) shall hold office until the expiration of the terms for which the officers were elected or appointed. (3) If a precinct, school district, road district, or election district is divided as a result of the creation of a new county: (a) the precinct, school district, road district, or election district shall be disorganized; and (b) the property and territory of the precinct, school district, road district, or election district shall be subject to the action of the county legislative body of the respective counties in which the property or territory is located as to reorganization thereof or adding the same to other like subdivisions already organized. (4) Any bonded or other indebtedness of any school district described in Subsection (3) attaches and becomes the obligation of the district that shall be created out of the territory that shall retain the buildings and other property of the original district or to the district to which the same may be added. (5) All bonded or other indebtedness of a seceding county shall attach to and become the obligation of the new county. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-61-406 Pending civil and criminal actions -- Previous offenses.

17-61-406. Pending civil and criminal actions -- Previous offenses. (1) All civil and criminal actions that are pending in the territory embraced in a new county at the time the new county is created may be prosecuted to judgment and execution in the new county. (2) All actions pending in the district court or the juvenile court in any county shall be prosecuted to judgment and execution in the county in which the actions are pending, subject to change of venue as provided by law. (3) An offense that was committed within the boundaries of a new county before the new county was created may be prosecuted to judgment and execution in the new county. Amended by Chapter 105, 2026 General Session

Utah Code § 17-61-407 Division of taxes.

17-61-407. Division of taxes. (1) When a new county is created under the provisions of this part and the county officers of the new county have been elected: (a) the county treasurer of the seceding county shall provide to the county treasurer of the new county a certified list of all taxes collected by the county treasurer of the seceding county for the preceding year upon the property located within the portion of the seceding county that has become a part of the new county; and (b) subject to Subsection (2), the county treasurer of the seceding county shall provide to the county treasurer of the new county the county, school district, or other special tax revenue collected by the county treasurer of the seceding county for the preceding year within territory that has become part of the new county. (2) Before furnishing the revenue described in Subsection (1)(b) to the new county, the seceding county may retain: (a) the pro rata cost of assessing and collecting the county, school district, or other special tax revenue collected by the seceding county; and (b) the entire cost of making the certified lists described in Subsection (1)(a). Renumbered and Amended by Chapter 13, 2025 Special Session 1
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17/Chapter61/17-61-P4.html?v=C17-61-P4_2025110620251206Fetched: 10/26/2026

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