County Annexation

Utah Code tit. 17, ch. 17-61, pt. 17-61-P3

in effect

Utah Code § 17-61-301 Annexation of portion of county to adjoining county -- Petition -- Certification of petition signatures -- Removal of signature -- Election -- Ballot.

17-61-301. Annexation of portion of county to adjoining county -- Petition -- Certification of petition signatures -- Removal of signature -- Election -- Ballot. (1) (a) Except as provided in Section 17-61-306, a voter who desires to have initiating county territory in which the voter resides included within the boundary of an adjoining county, the voter may petition the county legislative body of the initiating county and the county legislative body of the annexing county. (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) A petition under Subsection (1) shall be: (i) signed by a majority of the voters residing in the portion of the initiating county proposed to be included within the boundaries of an annexing county; and (ii) presented before the first Monday in June of a year during which a general election is held. (b) 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) Within three business days after the day on which a county legislative body receives a petition under Subsection (1), the county legislative body shall provide the petition to the county clerk. (b) Within 14 days after the day on which a county clerk of an initiating county receives a petition from the county legislative body under Subsection (3)(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 voter in the portion of the initiating county that is proposed to be annexed; and (iii) deliver the certified petition to the county legislative body. (4) (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 (4)(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. (5) (a) If the county clerk of the initiating county determines that the petition meets the requirements of Subsection (2), the county clerk of the initiating county and the county clerk of the annexing county shall ensure the petition is submitted to the voters of the respective counties at the next regular general election as described in this Subsection (5). (b) Except as otherwise provided, the election shall be held, the results canvassed, and returns made under the provisions of the general election laws of the state. (c) The ballot language to be used in an election held under this Subsection (5) shall be: For annexing a portion of ____ county to ____ county. Against annexing a portion of ____ county to ____ county. Amended by Chapter 102, 2026 General Session

Utah Code § 17-61-302 Certification of election result to governor.

17-61-302. Certification of election result to governor. In an election held under Section 17-61-301, if it appears from the certified report that the lieutenant governor receives under Section 20A-4-304 that a majority of those voting in both the initiating county and the annexing county have voted in favor of the annexation, as required by Utah Constitution, Article XI, Section 3, the lieutenant governor shall certify the result of the vote to the governor. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-61-303 Governor's proclamation -- Notice to lieutenant governor -- Recording requirements -- Effective date.

17-61-303. Governor's proclamation -- Notice to lieutenant governor -- Recording requirements -- Effective date. (1) Upon receipt of the lieutenant governor's certification under Section 17-61-302, the governor shall issue a proclamation, stating: (a) the result of the vote in the initiating county and the annexing county; and (b) that the annexation of the territory to the annexing county will take effect as provided in Subsection (3). (2) The legislative body of the annexing county 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 annexation under Section 67-1a-6.5, submit to the recorder of the annexing county: (i) the original notice of an impending boundary action; (ii) the original certificate of consolidation; (iii) the original approved final local entity plat; and (iv) a certified copy of the governor's proclamation under Subsection (1). (3) (a) An annexation approved at an election under Section 17-61-301 takes effect on January 1 of the year immediately following the lieutenant governor's issuance of a certificate of annexation under Section 67-1a-6.5. (b) (i) The effective date of a county annexation for purposes of assessing property within the annexing 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 county in which the property is located, an annexing county may not: (A) levy or collect a property tax on property in the annexing county that used to be in the initiating county; (B) levy or collect an assessment on property in the annexing county that used to be in the initiating county; or (C) charge or collect a fee for service provided to property within the annexing county that used to be in the initiating county. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-61-304 Territory becomes part of annexing county -- Division of revenues.

17-61-304. Territory becomes part of annexing county -- Division of revenues. (1) Upon the effective date of the annexation described in Section 17-61-303, all the area proposed to be annexed shall become part of the annexing county. (2) (a) The legislative body of the initiating county shall: (i) until the date of annexation, continue: (A) to levy and collect ad valorem property tax and other revenues from or pertaining to the area; and (B) except as otherwise agreed with the annexing county, to provide the same services to the area proposed to be annexed as the initiating county provided before the commencement of the annexation proceedings; and (ii) after annexation, share pro rata with the annexing county the taxes and service charges or fees levied and collected by the initiating county during the year of the annexation if and to the extent that the annexing county provides, by itself or by contract, the same services for which the initiating county levied and collected the taxes and service charges or fees. (b) The pro rata allocation of taxes under Subsection (2)(a)(ii) shall be based on the date of annexation, and the pro rata allocation of service charges and fees shall be based on the proportion of services related to the service charges and fees that remain to be rendered after annexation. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-61-305 Effect on precincts and school districts -- Pending criminal proceedings.

17-61-305. Effect on precincts and school districts -- Pending criminal proceedings. (1) The precincts and school districts in the annexed territory: (a) continue; (b) become precincts and school districts in the annexing county; and (c) remain as then organized until changed in the manner provided by law. (2) The officers of those precincts and school districts hold their respective offices until the expiration of their terms. (3) If a precinct or school district is divided because of a county annexation under this part: (a) the precinct or school district is disorganized, and the property and territory embraced in the precinct or school district is subject to the action of the county legislative body of the respective counties; and (b) any bonded or other indebtedness of a school district attaches to and becomes the obligation of the district that is created out of the territory that retains the buildings and other property of the original district. (4) All criminal proceedings and actions pending in the annexed territory as of the consolidation effective date shall be prosecuted to judgment and execution in the annexed territory as part of the annexing county. (5) All offenses committed in the annexed territory before annexation that have not been prosecuted may be prosecuted to judgment and execution in the annexed territory or any part of the annexing county. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-61-306 Minor adjustments to county boundaries authorized -- Public hearing -- Joint resolution of county legislative bodies -- Notice and plat to lieutenant governor -- Recording requirements -- Effective date.

17-61-306. Minor adjustments to county boundaries authorized -- Public hearing -- Joint resolution of county legislative bodies -- Notice and plat to lieutenant governor -- Recording requirements -- Effective date. (1) (a) Counties sharing a common boundary may, in accordance with the provisions of Subsection (2) and Utah Constitution, Article XI, Section 3 and for purposes of real property tax assessment and county record keeping, adjust all or part of the common boundary to move it, subject to Subsection (1)(b), a sufficient distance to reach to, and correspond with, the closest existing property boundary of record. (b) A boundary adjustment under Subsection (1)(a) may not create a boundary line that divides or splits: (i) an existing parcel; (ii) an interest in the property; or (iii) a claim of record in the office of recorder of either county sharing the common boundary. (2) The legislative bodies of both counties desiring to adjust a common boundary in accordance with Subsection (1) shall: (a) hold a joint public hearing on the proposed boundary adjustment; (b) at least seven days before the public hearing described in Subsection (2)(a), provide written notice of the proposed adjustment to: (i) each owner of real property whose property, or a portion of whose property, may change counties as the result of the proposed adjustment; and (ii) any of the following whose territory, or a portion of whose territory, may change counties as the result of the proposed boundary adjustment, or whose boundary is aligned with any portion of the existing county boundary that is being proposed for adjustment: (A) a city; (B) a town; (C) a school district; (D) a special district governed by Title 17B, Limited Purpose Local Government Entities - Special Districts; (E) a special service district governed by Title 17D, Chapter 1, Special Service District Act; (F) an interlocal entity governed by Title 11, Chapter 13, Interlocal Cooperation Act; (G) a community reinvestment agency governed by Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act; (H) a local building authority governed by Title 17D, Chapter 2, Local Building Authority Act; and (I) a conservation district governed by Title 17D, Chapter 3, Conservation District Act; and (c) adopt a joint resolution approved by both county legislative bodies approving the proposed boundary adjustment. (3) The legislative bodies of both counties adopting a joint resolution under Subsection (2)(c) shall: (a) within 15 days after adopting the joint resolution, jointly 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 boundary adjustment under Section 67-1a-6.5, jointly submit to the recorder of the county in which the property is located after the boundary adjustment: (i) the original notice of an impending boundary action; (ii) the original certificate of boundary adjustment; (iii) the original approved final local entity plat; and (iv) a certified copy of the joint resolution approving the boundary adjustment. (4) (a) As used in this Subsection (4): (i) "Affected area" means an area that, as a result of a boundary adjustment under this section, is moved from within the boundary of one county to within the boundary of another county. (ii) "Receiving county" means a county whose boundary includes an affected area as a result of a boundary adjustment under this section. (b) A boundary adjustment under this section takes effect on the date the lieutenant governor issues a certificate of boundary adjustment under Section 67-1a-6.5. (c) (i) The effective date of a boundary adjustment for purposes of assessing property within an affected area is governed by Section 59-2-305.5. (ii) Until the documents listed in Subsection (3)(b) are recorded in the office of the recorder of the county in which the property is located, a receiving county may not: (A) levy or collect a property tax on property within an affected area; (B) levy or collect an assessment on property within an affected area; or (C) charge or collect a fee for service provided to property within an affected area. (5) Upon the effective date of a boundary adjustment under this section: (a) all territory designated to be adjusted into another county becomes the territory of the other county; and (b) the provisions of Section 17-61-305 apply in the same manner as with an annexation under this part. 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-P3.html?v=C17-61-P3_2025110620251206Fetched: 10/26/2026