UT Code § 10-2-407 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 2 - Classification, Boundaries, Consolidation, and Dissolution of Municipalities|Part 4 - Annexation|Section 407 - Protest to annexation petition -- Planning advisory area planning commission recommendation -- Petition requirements -- Disposition of petition if no protest filed.

 Effective 7/1/2021  10-2-407. Protest to annexation petition -- Planning advisory area planning commission recommendation -- Petition requirements -- Disposition of petition if no protest filed.    (1) A protest to an annexation petition under Section 10-2-403 may be filed by:   (a) the legislative body or governing board of an affected entity;     (b) an owner of rural real property;     (c) for a proposed annexation of an area within a county of the first class, an owner of private real property that:   (i) is located in the unincorporated area within 1/2 mile of the area proposed for annexation;     (ii) covers at least 25% of the private land area located in the unincorporated area within 1/2 mile of the area proposed for annexation; and     (iii) is equal in value to at least 15% of all real property located in the unincorporated area within 1/2 mile of the area proposed for annexation; or       (d) an owner of private real property located in a mining protection area.       (2) Each protest under Subsection (1) shall:   (a) be filed:   (i) no later than 30 days after the municipal legislative body's receipt of the notice of certification under Subsection 10-2-405(2)(c)(i); and     (ii)   (A) in a county that has already created a commission under Section 10-2-409, with the commission; or     (B) in a county that has not yet created a commission under Section 10-2-409, with the clerk of the county in which the area proposed for annexation is located;         (b) state each reason for the protest of the annexation petition and, if the area proposed to be annexed is located in a specified county, justification for the protest under the standards established in this chapter;     (c) if the area proposed to be annexed is located in a specified county, contain other information that the commission by rule requires or that the party filing the protest considers pertinent; and     (d) contain the name and address of a contact person who is to receive notices sent by the commission with respect to the protest proceedings.       (3) The party filing a protest under this section shall on the same date deliver or mail a copy of the protest to the city recorder or town clerk of the proposed annexing municipality.     (4) Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:   (a) immediately notify the county legislative body of the protest; and     (b) deliver the protest to the boundary commission within five days after:   (i) receipt of the protest, if the boundary commission has previously been created; or     (ii) creation of the boundary commission under Subsection 10-2-409(1)(b), if the boundary commission has not previously been created.         (5)   (a) If a protest is filed under this section:   (i) the municipal legislative body may, at its next regular meeting after expiration of the deadline under Subsection (2)(a)(i), deny the annexation petition; or     (ii) if the municipal legislative body does not deny the annexation petition under Subsection (5)(a)(i), the municipal legislative body may take no further action on the annexation petition until after receipt of the commission's notice of its decision on the protest under Section 10-2-416.       (b) If a municipal legislative body denies an annexation petition under Subsection (5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of the denial in writing to:   (i) the contact sponsor of the annexation petition;     (ii) the commission; and     (iii) each entity that filed a protest.         (6) If no timely protest is filed under this section, the municipal legislative body may, subject to Subsection (7), approve the petition.     (7) Before approving an annexation petition under Subsection (6), the municipal legislative body shall hold a public hearing and provide notice of the public hearing:   (a)   (i) at least seven days before the day of the public hearing, by posting one notice, and at least one additional notice per 2,000 population within the municipality and the area proposed for annexation, in places within that combined area that are most likely to give notice to the residents within, and the owners of real property located within, the combined area, subject to a maximum of 10 notices; or     (ii) at least 10 days before the day of the public hearing, by mailing the notice to each residence within, and to each owner of real property located within, the combined area described in Subsection (7)(a)(i);       (b) by posting notice on the Utah Public Notice Website, created in Section 63A-16-601, for seven days before the day of the public hearing; and     (c) if the municipality has a website, by posting notice on the municipality's website for seven days before the day of the public hearing.      Amended by Chapter 15, 2021 Special Session 1