reglab/statecodes huggingface dataset:
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 1 - Community Reinvestment Project Area Plan › Section 110 - Notice of community reinvestment project area plan adoption -- Effective date of plan -- Contesting the formation of the plan.

Effective 5/3/2023
17C-5-110.
Notice of community reinvestment project area plan adoption -- Effective date of plan -- Contesting the formation of the plan.
(1)
(a) Upon a community legislative body's adoption of a community reinvestment project area plan in accordance with Section 17C-5-109, or an amendment to a community reinvestment project area plan in accordance with Section 17C-5-112, the community legislative body shall provide notice of the adoption or amendment in accordance with Subsection (1)(b) by publishing notice for the community, as a class A notice under Section 63G-30-102, for 30 days.
(b) A notice described in Subsection (1)(a) shall include:
(i) a copy of the community legislative body's ordinance, or a summary of the ordinance, that adopts the community reinvestment project area plan; and
(ii) a statement that the community reinvestment project area plan is available for public inspection and the hours for inspection.
(2) A community reinvestment project area plan is effective at the end of the 30-day period described in Subsection (1)(a).
(3) A community reinvestment project area is considered created the day on which the community reinvestment project area plan becomes effective as described in Subsection (2).
(4)
(a) Within 30 days after the day on which a community reinvestment project area plan is effective, a person may contest the community reinvestment project area plan or the procedure used to adopt the community reinvestment project area plan if the community reinvestment project area plan or the procedure fails to comply with a provision of this title.
(b) After the 30-day period described in Subsection (4)(a) expires, a person may not contest the community reinvestment project area plan or the procedure used to adopt the community reinvestment project area plan.
(5) Upon adoption of a community reinvestment project area plan by the community legislative body, the agency may implement the community reinvestment project area plan.
(6) The agency shall make the community reinvestment project area plan available to the public at the agency's office during normal business hours.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 1 - Community Reinvestment Project Area Plan › Section 111 - Agency required to transmit and record documentation after adoption of community reinvestment project area plan.

Effective 7/1/2021
17C-5-111.
Agency required to transmit and record documentation after adoption of community reinvestment project area plan.
Within 30 days after the day on which a community legislative body adopts a community reinvestment project area plan under Section 17C-5-109, the agency shall:
(1) record with the recorder of the county in which the community reinvestment project area is located a document containing:
(a) the name of the community reinvestment project area;
(b) a boundary description of the community reinvestment project area; and
(c)
(i) a statement that the community legislative body adopted the community reinvestment project area plan; and
(ii) the day on which the community legislative body adopted the community reinvestment project area plan;
(2) transmit a copy of a description of the land within the community reinvestment project area and an accurate map or plat indicating the boundaries of the community reinvestment project area to the Utah Geospatial Resource Center created in Section 63A-16-505; and
(3) for a community reinvestment project area plan that provides for the agency to receive tax increment, transmit a copy of a description of the land within the community reinvestment project area, a copy of the community legislative body ordinance adopting the community reinvestment project area plan, and an accurate map or plat indicating the boundaries of the community reinvestment project area to:
(a) the auditor, recorder, county or district attorney, surveyor, and assessor of each county in which any part of the community reinvestment project area is located;
(b) the officer or officers performing the function of auditor or assessor for each taxing entity that does not use the county assessment roll or collect the taxing entity's taxes through the county;
(c) the legislative body or governing board of each taxing entity;
(d) the State Tax Commission; and
(e) the State Board of Education.
Amended by Chapter 162, 2021 General Session
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 1 - Community Reinvestment Project Area Plan › Section 113 - Expedited community reinvestment project area plan -- Hearing and notice requirements.

Effective 5/3/2023
17C-5-113.
Expedited community reinvestment project area plan -- Hearing and notice requirements.
(1) As used in this section:
(a) "Qualified business entity" means a business entity that:
(i) has a primary market for the qualified business entity's goods or services outside of the state; and
(ii) is not primarily engaged in retail sales.
(b) "Tax increment incentive" means the portion of an agency's tax increment that is paid to a qualified business entity for the purpose of implementing a community reinvestment project area plan.
(2) An agency and a qualified business entity may, in accordance with Subsection (3), enter into an agreement that allows the qualified business entity to receive a tax increment incentive.
(3) An agreement described in Subsection (2) shall set annual postperformance targets for:
(a) capital investment within the community reinvestment project area;
(b) the number of new jobs created within the community reinvestment project area;
(c) the average wage of the jobs described in Subsection (3)(b) that is at least 110% of the prevailing wage of the county within which the community reinvestment project area is located; and
(d) the amount of local vendor opportunity generated by the qualified business entity.
(4) A qualified business entity may only receive a tax increment incentive:
(a) if the qualified business entity complies with the agreement described in Subsection (3);
(b) on a postperformance basis; and
(c) on an annual basis after the agency receives tax increment from a taxing entity.
(5) An agency may create or amend a community reinvestment project area plan for the purpose of providing a tax increment incentive without complying with the requirements described in Chapter 1, Part 8, Hearing and Notice Requirements, if:
(a) the agency:
(i) holds a public hearing to consider the need to create or amend a community reinvestment project area plan on an expedited basis;
(ii) publishes notice for the community, as a class A notice under Section 63G-30-102, for at least 14 days before the day on which the public hearing described in Subsection (5)(a)(i) is held; and
(iii) at the hearing described in Subsection (5)(a)(i), adopts a resolution to create or amend the community reinvestment project area plan on an expedited basis;
(b) all record property owners within the existing or proposed community reinvestment project area plan give written consent; and
(c) each taxing entity affected by the tax increment incentive consents and enters into an interlocal agreement with the agency authorizing the agency to pay a tax increment incentive to the qualified business entity.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 2 - Community Reinvestment Project Area Funds › Section 201 - Title.

Effective 5/10/2016
17C-5-201.
Title.
This part is known as "Community Reinvestment Project Area Funds."
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 2 - Community Reinvestment Project Area Funds › Section 202 - Community reinvestment project area funding.

Effective 5/14/2019
17C-5-202.
Community reinvestment project area funding.
(1)
(a) Beginning on May 14, 2019, and except as provided in Subsection (2), for the purpose of receiving project area funds for use within a community reinvestment project area, an agency shall negotiate and enter into an interlocal agreement with a taxing entity in accordance with Section 17C-5-204 to receive all or a portion of the taxing entity's tax increment or sales and use tax revenue in accordance with the interlocal agreement.
(b) If a community reinvestment project area is subject to an interlocal agreement under Subsection (1)(a) and the agency subsequently amends the community reinvestment project area plan as described in Subsection 17C-5-112(4), the agency shall continue to receive project area funds under the interlocal agreement.
(2) Notwithstanding Subsection (1), an agency may receive tax increment in accordance with Section 17C-5-203 if the agency created a community reinvestment project area before May 14, 2019, that is subject to a taxing entity committee and provides for the use of eminent domain to acquire property within the community reinvestment project area.
(3) An agency shall comply with Part 3, Community Reinvestment Project Area Budget, regardless of whether an agency enters into an interlocal agreement under Subsection (1) or receives tax increment under Subsection (2).
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 2 - Community Reinvestment Project Area Funds › Section 203 - Community reinvestment project area subject to taxing entity committee -- Tax increment.

Effective 5/14/2019
17C-5-203.
Community reinvestment project area subject to taxing entity committee -- Tax increment.
(1) This section applies to a community reinvestment project area that an agency created before May 14, 2019, and that is subject to a taxing entity committee under Subsection 17C-5-202(2).
(2) Subject to the taxing entity committee's approval of a community reinvestment project area budget under Section 17C-5-304, and for the purpose of implementing a community reinvestment project area plan, an agency may receive up to 100% of a taxing entity's tax increment, or any specified dollar amount of tax increment, for any period of time.
(3) Notwithstanding Subsection (2), an agency that adopts a community reinvestment project area plan that is subject to a taxing entity committee may negotiate and enter into an interlocal agreement with a taxing entity and receive all or a portion of the taxing entity's sales and use tax revenue for any period of time.
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 2 - Community Reinvestment Project Area Funds › Section 205 - Interlocal agreement to provide project area funds for the community reinvestment project area subject to interlocal agreement -- Notice -- Effective date of interlocal agreement -- Time to contest interlocal agreement -- Availability of interlocal agreement.

Effective 5/3/2023
17C-5-205.
Interlocal agreement to provide project area funds for the community reinvestment project area subject to interlocal agreement -- Notice -- Effective date of interlocal agreement -- Time to contest interlocal agreement -- Availability of interlocal agreement.
(1) An agency shall:
(a) approve and adopt an interlocal agreement described in Section 17C-5-204 at an open and public meeting; and
(b) provide a notice of the meeting titled "Diversion of Property Tax for a Community Reinvestment Project Area."
(2)
(a) Upon the execution of an interlocal agreement described in Section 17C-5-204, the agency shall provide notice of the execution by publishing the notice for the agency's jurisdiction, as a class A notice under Section 63G-30-102, for 30 days.
(b) A notice described in Subsection (2)(a) shall include:
(i) a summary of the interlocal agreement; and
(ii) a statement that the interlocal agreement:
(A) is available for public inspection and the hours for inspection; and
(B) authorizes the agency to receive all or a portion of a taxing entity's tax increment or sales and use tax revenue.
(3) An interlocal agreement described in Section 17C-5-204 is effective at the end of the 30-day period described in Subsection (2)(a).
(4)
(a) Within 30 days after the day on which the interlocal agreement is effective, a person may contest the interlocal agreement or the procedure used to adopt the interlocal agreement if the interlocal agreement or procedure fails to comply with a provision of this title.
(b) After the 30-day period described in Subsection (4)(a) expires, a person may not contest:
(i) the interlocal agreement;
(ii) a distribution of tax increment to the agency under the interlocal agreement; or
(iii) the agency's use of project area funds under the interlocal agreement.
(5) A taxing entity that enters into an interlocal agreement under Section 17C-5-204 shall make a copy of the interlocal agreement available to the public at the taxing entity's office for inspection and copying during normal business hours.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 2 - Community Reinvestment Project Area Funds › Section 206 - Requirement to file a copy of the interlocal agreement -- County payment of tax increment.

Effective 5/10/2016
17C-5-206.
Requirement to file a copy of the interlocal agreement -- County payment of tax increment.
(1) An agency that receives project area funds under an interlocal agreement shall, within 30 days after the day on which the interlocal agreement is effective, file a copy of the interlocal agreement with:
(a) the State Tax Commission, the State Board of Education, and the state auditor; and
(b) the auditor of the county in which the community reinvestment project area is located, if the interlocal agreement authorizes the agency to receive tax increment.
(2) A county that collects property tax on property within a community reinvestment project area that is subject to an interlocal agreement shall, in accordance with Section 59-2-1365, pay and distribute to the agency the tax increment that the agency is authorized to receive under the interlocal agreement.
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 3 - Community Reinvestment Project Area Budget › Section 301 - Title.

Effective 5/10/2016
17C-5-301.
Title.
This part is known as "Community Reinvestment Project Area Budget."
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 3 - Community Reinvestment Project Area Budget › Section 302 - Procedure for adopting a community reinvestment project area budget -- Contesting the budget -- Time limit.

Effective 5/10/2016
17C-5-302.
Procedure for adopting a community reinvestment project area budget -- Contesting the budget -- Time limit.
(1) An agency shall adopt a community reinvestment project area budget in accordance with this part.
(2) To adopt a community reinvestment project area budget, an agency shall:
(a) prepare a proposed community reinvestment project area budget in accordance with Section 17C-5-303;
(b) obtain the consent of the taxing entity committee or taxing entity in accordance with Section 17C-5-304;
(c) make a copy of the proposed community reinvestment project area budget available to the public at the agency's office during normal business hours for at least 30 days before the budget hearing described in Subsection (2)(e);
(d) provide notice of the budget hearing in accordance with Chapter 1, Part 8, Hearing and Notice Requirements;
(e) hold a budget hearing on the proposed community reinvestment project area budget and, at the budget hearing, allow public comment on:
(i) the proposed community reinvestment project area budget; and
(ii) whether the agency should revise, adopt, or reject the proposed community reinvestment project area budget; and
(f) after the budget hearing described in Subsection (2)(e), or at a subsequent meeting:
(i) consider the comments and information from the budget hearing relating to the proposed community reinvestment project area budget; and
(ii) reject or adopt by resolution the proposed community reinvestment project area budget, with any revisions, as the community reinvestment project area budget.
(3)
(a) Within 30 days after the day on which the agency adopts a community reinvestment project area budget, a person may contest the community reinvestment project area budget or the procedure used to adopt the community reinvestment project area budget if the community reinvestment project area budget or procedure fails to comply with a provision of this title.
(b) After the 30-day period described in Subsection (3)(a) expires, a person may not contest:
(i) the community reinvestment project area budget or the procedure used by the taxing entity, the taxing entity committee, or the agency to adopt the community reinvestment project area budget;
(ii) a payment to the agency under the community reinvestment project area budget; or
(iii) the agency's use of project area funds under the community reinvestment project area budget.
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 3 - Community Reinvestment Project Area Budget › Section 303 - Community reinvestment project area budget -- Requirements.

Effective 5/10/2016
17C-5-303.
Community reinvestment project area budget -- Requirements.
A community reinvestment project area budget shall include:
(1) if the agency receives tax increment:
(a) the base taxable value;
(b) the projected amount of tax increment to be generated within the community reinvestment project area;
(c) each project area funds collection period;
(d) if applicable, the projected amount of tax increment to be paid to other taxing entities in accordance with Section 17C-1-410;
(e) if the area from which tax increment is collected is less than the entire community reinvestment project area:
(i) a boundary description of the portion or portions of the community reinvestment project area from which the agency receives tax increment; and
(ii) for each portion described in Subsection (1)(e)(i), the period of time during which tax increment is collected;
(f) the percentage of tax increment the agency is authorized to receive from the community reinvestment project area; and
(g) the maximum cumulative dollar amount of tax increment the agency is authorized to receive from the community reinvestment project area;
(2) if the agency receives sales and use tax revenue:
(a) the percentage and total amount of sales and use tax revenue to be paid to the agency; and
(b) each project area funds collection period;
(3) the amount of project area funds the agency will use to implement the community reinvestment project area plan, including the estimated amount of project area funds that will be used for land acquisition, public improvements, infrastructure improvements, or any loans, grants, or other incentives to private or public entities;
(4) the agency's combined incremental value;
(5) the amount of project area funds that will be used to cover the cost of administering the community reinvestment project area plan; and
(6) for property that the agency owns and expects to sell, the expected total cost of the property to the agency and the expected sale price.
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 3 - Community Reinvestment Project Area Budget › Section 304 - Consent of each taxing entity or taxing entity committee required for community reinvestment project area budget.

Effective 5/10/2016
17C-5-304.
Consent of each taxing entity or taxing entity committee required for community reinvestment project area budget.
Before an agency may collect any project area funds from a community reinvestment project area, the agency shall obtain consent for each community reinvestment project area budget from:
(1) for a community reinvestment project area that is subject to an interlocal agreement, each taxing entity that is a party to an interlocal agreement; or
(2) for a community reinvestment project area that is subject to a taxing entity committee, the taxing entity committee.
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 3 - Community Reinvestment Project Area Budget › Section 305 - Filing a copy of the community reinvestment project area budget.

Effective 5/10/2016
17C-5-305.
Filing a copy of the community reinvestment project area budget.
Within 30 days after the day on which an agency adopts a community reinvestment project area budget, the agency shall file a copy of the community reinvestment project area budget with:
(1) the State Tax Commission;
(2) the State Board of Education;
(3) the state auditor;
(4) the auditor of the county in which the community reinvestment project area is located; and
(5) each taxing entity affected by the agency's collection of project area funds under the community reinvestment project area budget.
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 3 - Community Reinvestment Project Area Budget › Section 307 - Allocating project area funds for housing.

Effective 5/14/2019
17C-5-307.
Allocating project area funds for housing.
(1) Except as provided in Subsection (4), an agency shall allocate the agency's project area funds for housing in accordance with this section.
(2)
(a) For a community reinvestment project area that is subject to a taxing entity committee, an agency shall allocate at least 20% of the agency's annual tax increment for housing in accordance with Section 17C-1-412 if the community reinvestment project area budget provides for more than $100,000 of annual tax increment to be distributed to the agency.
(b) The taxing entity committee may waive a portion of the allocation described in Subsection (2)(a) if:
(i) the taxing entity committee determines that 20% of the agency's annual tax increment is more than is needed to address the community's need for income targeted housing or homeless assistance; and
(ii) after the waiver, the agency's housing allocation is equal to at least 10% of the agency's annual tax increment.
(3) For a community reinvestment project area that is subject to an interlocal agreement, an agency shall allocate at least 10% of the project area funds for housing in accordance with Section 17C-1-412 if the community reinvestment project area budget provides for more than $100,000 of annual project area funds to be distributed to the agency.
(4) An agency is not required to allocate the agency's community reinvestment project area funds for housing under this section if:
(a) the agency and the county mutually agree in the interlocal agreement described in Subsection (3) that the agency will not make the allocation; and
(b) the community reinvestment project area plan:
(i) provides solely for nonresidential project area development; and
(ii) provides for 60% of the jobs created within the project area to have an annual gross wage, not including healthcare or other paid or unpaid benefits, that is at least 125% of the average wage of the county in which the project area is located.
Amended by Chapter 333, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 4 - Development Impediment Determination in a Community Reinvestment Project Area › Section 401 - Title.

Effective 5/14/2019
17C-5-401.
Title.
This part is known as " Development Impediment Determination in a Community Reinvestment Project Area."
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 4 - Development Impediment Determination in a Community Reinvestment Project Area › Section 402 - Development impediment determination in a community reinvestment project area -- Prerequisites -- Restrictions.

Effective 5/14/2019
17C-5-402.
Development impediment determination in a community reinvestment project area -- Prerequisites -- Restrictions.
(1) An agency shall comply with the provisions of this section before the agency may use eminent domain to acquire property under Chapter 1, Part 9, Eminent Domain.
(2) An agency shall, after adopting a survey area resolution as described in Section 17C-5-103:
(a) cause a development impediment study to be conducted within the survey area in accordance with Section 17C-5-403;
(b) provide notice and hold a development impediment hearing in accordance with Chapter 1, Part 8, Hearing and Notice Requirements; and
(c) after the development impediment hearing, at the same or at a subsequent meeting:
(i) consider the evidence and information relating to the existence or nonexistence of a development impediment; and
(ii) by resolution, make a determination regarding whether a development impediment exists in all or part of the survey area.
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 4 - Development Impediment Determination in a Community Reinvestment Project Area › Section 404 - Development impediment hearing -- Owners may review evidence of a development impediment.

Effective 5/14/2019
17C-5-404.
Development impediment hearing -- Owners may review evidence of a development impediment.
(1) In a hearing required under Subsection 17C-5-402(2)(b), an agency shall:
(a) permit all evidence of the existence or nonexistence of a development impediment within the survey area to be presented; and
(b) permit each record owner of property located within the survey area or the record property owner's representative the opportunity to:
(i) examine and cross-examine each witness that provides evidence of the existence or nonexistence of a development impediment; and
(ii) present evidence and testimony, including expert testimony, concerning the existence or nonexistence of a development impediment.
(2) An agency shall allow each record owner of property located within a survey area the opportunity, for at least 30 days before the day on which the hearing takes place, to review the evidence of a development impediment compiled by the agency or by the person or firm conducting the development impediment study for the agency, including any expert report.
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 4 - Development Impediment Determination in a Community Reinvestment Project Area › Section 406 - Challenging a finding of development impediment determination -- Time limit -- Standards governing court review.

Effective 5/14/2019
17C-5-406.
Challenging a finding of development impediment determination -- Time limit -- Standards governing court review.
(1) If a board makes a development impediment determination under Subsection 17C-5-402(2)(c)(ii), a record owner of property located within the survey area may challenge the determination by filing an action in the district court in the county in which the property is located no later than 30 days after the day on which the board makes the determination.
(2) In an action under this section:
(a) the agency shall transmit to the district court the record of the agency's proceedings, including any minutes, findings, determinations, orders, or transcripts of the agency's proceedings;
(b) the district court shall review the development impediment determination under the standards of review provided in Subsection 10-9a-801(3); and
(c)
(i) if there is a record:
(A) the district court's review is limited to the record provided by the agency; and
(B) the district court may not accept or consider any evidence outside the record of the agency, unless the evidence was offered to the agency and the district court determines that the agency improperly excluded the evidence; or
(ii) if there is no record, the district court may call witnesses and take evidence.
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 1 - General Provisions › Section 101 - Title.

17D-1-101.
Title.
(1) This title is known as "Limited Purpose Local Government Entities - Other Entities."
(2) This chapter is known as the "Special Service District Act."
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 1 - General Provisions › Section 104 - Property owner provisions -- Determination of registered voters.

17D-1-104.
Property owner provisions -- Determination of registered voters.
(1) For purposes of this chapter:
(a) the owner of real property is:
(i) except as provided in Subsection (1)(a)(ii), the fee title owner according to the records of the county recorder on the date of the filing of the petition or protest; or
(ii) for a proposed annexation or addition of a new service under Part 4, Annexing a New Area and Adding a New Service, the lessee of military land, as defined in Section 63H-1-102, if the area proposed to be annexed or within which a new service is proposed to be added includes military land that is within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act; and
(b) the value of private real property is determined according to the last assessment before the filing of the petition or protest, as determined by:
(i)
(A) the county under Title 59, Chapter 2, Part 3, County Assessment, for property subject to assessment by the county; or
(B) the State Tax Commission under Title 59, Chapter 2, Part 2, Assessment of Property, for property subject to assessment by the State Tax Commission; and
(ii) the county, for all other property.
(2) For purposes of each provision of this chapter that requires the owners of private real property covering a percentage of the total private land area within the applicable area to sign a petition or protest:
(a) a parcel of real property may not be included in the calculation of the required percentage unless the petition or protest is signed by:
(i) except as provided in Subsection (2)(a)(ii), owners representing a majority ownership interest in that parcel; or
(ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number of owners of that parcel;
(b) the signature of a person signing a petition or protest in a representative capacity on behalf of an owner is invalid unless:
(i) the person's representative capacity and the name of the owner the person represents are indicated on the petition or protest with the person's signature; and
(ii) the person provides documentation accompanying the petition or protest that reasonably substantiates the person's representative capacity; and
(c) subject to Subsection (2)(b), a duly appointed personal representative may sign a petition or protest on behalf of a deceased owner.
(3) For purposes of this chapter, registered voters shall be determined according to the official register.
Amended by Chapter 92, 2009 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 1 - General Provisions › Section 105 - Authority of county or municipality to levy property tax on property within a special service district.

17D-1-105.
Authority of county or municipality to levy property tax on property within a special service district.
(1) Subject to Subsections (2) and (3), a county or municipality that has created a special service district may levy a tax on the taxable property in the special service district.
(2) Each levy under Subsection (1) is subject to the prior approval of a majority of the registered voters of the special service district voting in an election held for that purpose under Title 11, Chapter 14, Local Government Bonding Act, in the same manner as for an election for the issuance of bonds.
(3) A tax levied under this section for a special service district that provides jail service as provided in Subsection 17D-1-201(10) is considered to be levied by the county for purposes of the county's tax limitation under Section 59-2-908.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 1 - General Provisions › Section 106 - Special service districts subject to other provisions.

Effective 2/27/2023
17D-1-106.
Special service districts subject to other provisions.
(1) A special service district is, to the same extent as if it were a special district, subject to and governed by:
(a)
(i) Sections 17B-1-105, 17B-1-107, 17B-1-108, 17B-1-110, 17B-1-111, 17B-1-113, 17B-1-116, 17B-1-118, 17B-1-119, 17B-1-120, 17B-1-121, 17B-1-304, 17B-1-307, 17B-1-310, 17B-1-311, 17B-1-312, 17B-1-313, and 17B-1-314; and
(ii) Sections 17B-1-305 and 17B-1-306, to the extent that a county legislative body or a municipal legislative body, as applicable, has delegated authority to an administrative control board with elected members, under Section 17D-1-301.
(b) Subsections:
(i)17B-1-301(3) and (4); and
(ii)17B-1-303(1), (2)(a) and (b), (3), (4), (5), (6), (7), and (9);
(c) Section 20A-1-512;
(d)Title 17B, Chapter 1, Part 6, Fiscal Procedures for Special Districts;
(e)Title 17B, Chapter 1, Part 7, Special District Budgets and Audit Reports;
(f)Title 17B, Chapter 1, Part 8, Special District Personnel Management; and
(g)Title 17B, Chapter 1, Part 9, Collection of Service Fees and Charges.
(2) For purposes of applying the provisions listed in Subsection (1) to a special service district, each reference in those provisions to the special district board of trustees means the governing body.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 1 - General Provisions › Section 107 - Contracts subject to building improvement and public works provisions.

17D-1-107.
Contracts subject to building improvement and public works provisions.
(1) For each special service district created by a county, the legislative body of that county shall by ordinance designate the classes of special service district contracts that are subject to the requirements of Title 11, Chapter 39, Building Improvements and Public Works Projects.
(2) For each special service district created by a municipality, the legislative body of that municipality shall by ordinance designate the classes of special service district contracts that are subject to the requirements of Title 11, Chapter 39, Building Improvements and Public Works Projects.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 1 - General Provisions › Section 109 - Validation of previously created special service districts.

17D-1-109.
Validation of previously created special service districts.
Each special service district created before May 5, 2008 is validated, ratified, and confirmed and declared to be validly existing.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 2 - Creating a Special Service District › Section 201 - Services that a special service district may be created to provide.

Effective 5/5/2021
17D-1-201.
Services that a special service district may be created to provide.
As provided in this part, a county or municipality may create a special service district to provide any combination of the following services:
(1) water;
(2) sewerage;
(3) drainage;
(4) flood control;
(5) garbage collection and disposal;
(6) health care;
(7) transportation, including the receipt of federal secure rural school funds under Section 51-9-603 for the purposes of constructing, improving, repairing, or maintaining public roads;
(8) recreation;
(9) fire protection, including:
(a) emergency medical services, ambulance services, and search and rescue services, if fire protection service is also provided;
(b) Firewise Communities programs and the development of community wildfire protection plans; and
(c) the receipt of federal secure rural school funds as provided under Section 51-9-603 for the purposes of carrying out Firewise Communities programs, developing community wildfire protection plans, and performing emergency services, including firefighting on federal land and other services authorized under this Subsection (9);
(10) providing, operating, and maintaining correctional and rehabilitative facilities and programs for municipal, state, and other detainees and prisoners;
(11) street lighting;
(12) consolidated 911 and emergency dispatch;
(13) animal shelter and control;
(14) receiving federal mineral lease funds under Title 59, Chapter 21, Mineral Lease Funds, and expending those funds to be used in accordance with state and federal law;
(15) in a county of the first class, extended police protection;
(16) control or abatement of earth movement or a landslide;
(17) an energy efficiency upgrade, a renewable energy system, or electric vehicle charging infrastructure as defined in Section 11-42a-102, in accordance with Title 11, Chapter 42a, Commercial Property Assessed Clean Energy Act; or
(18) cemetery.
Amended by Chapter 339, 2021 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 2 - Creating a Special Service District › Section 202 - Limitations on the creation of a special service district.

Effective 2/27/2023
17D-1-202.
Limitations on the creation of a special service district.
(1) Subject to Subsection (2), the boundary of a proposed special service district may include all or part of the area within the boundary of the county or municipality that creates the special service district.
(2)
(a) The boundary of a proposed special service district may not include an area included within the boundary of an existing special service district that provides the same service that the proposed special service district is proposed to provide.
(b) The boundary of a proposed special service district may not include an area included within the boundary of an existing special district that provides the same service that the proposed special service district is proposed to provide, unless the special district consents.
(c) A proposed special service district may not include land that will not be benefitted by the service that the special service district is proposed to provide, unless the owner of the nonbenefitted land consents to the inclusion.
(d) A county may not create a special service district that includes some or all of the area within a municipality unless the legislative body of that municipality adopts a resolution or ordinance consenting to the inclusion.
(3) All areas included within a special service district need not be contiguous.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 2 - Creating a Special Service District › Section 203 - Initiating the process to create a special service district.

17D-1-203.
Initiating the process to create a special service district.
(1) The process to create a special service district is initiated by:
(a) the legislative body of a county or municipality that proposes to create a special service district adopting a resolution that:
(i) declares that the public health, convenience, and necessity require the creation of a special service district;
(ii) indicates the legislative body's intent to create a special service district; and
(iii) complies with the requirements of Subsection (3); or
(b) the filing of a petition that:
(i) proposes the creation of a special service district;
(ii) complies with the requirements of Subsections (2) and (3); and
(iii) is filed with the legislative body of the county or municipality in whose boundary the proposed special service district is located.
(2) Each petition under Subsection (1)(b) shall:
(a) be signed by:
(i) the owners of at least 10% of the taxable value of taxable property within the proposed special service district; or
(ii) at least 10% of the registered voters residing within the proposed special service district; and
(b) indicate:
(i) the residence address of each person who signs the petition; and
(ii) if the person signs the petition as a property owner, the address or other description of the person's property sufficient to identify the property.
(3) Each resolution under Subsection (1)(a) and petition under Subsection (1)(b) shall:
(a) describe the boundaries of the proposed special service district;
(b) specify each service that the special service district is proposed to provide; and
(c) designate a name for the proposed special service district.
Enacted by Chapter 360, 2008 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 2 - Creating a Special Service District › Section 204 - Prerequisites for adopting a resolution or ordinance approving the creation of a special service district.

17D-1-204.
Prerequisites for adopting a resolution or ordinance approving the creation of a special service district.
Before the legislative body of a county or municipality may adopt a resolution or ordinance under Section 17D-1-208 approving the creation of a special service district:
(1) the clerk or recorder, as the case may be, of the county or municipality shall give written notice as provided in Section 17D-1-205;
(2) the legislative body shall hold a public hearing, as provided in Section 17D-1-207; and
(3) the period for filing protests under Section 17D-1-206 shall have passed without adequate protests having been filed.
Amended by Chapter 350, 2009 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 2 - Creating a Special Service District › Section 205 - Notice.

17D-1-205.
Notice.
(1) Each notice required under Subsection 17D-1-204(1) shall:
(a) state that:
(i) the legislative body has adopted a resolution stating its intent to create a special service district; or
(ii) a petition has been filed proposing the creation of a special service district;
(b) describe the boundary of the proposed special service district;
(c) generally describe each service that the special service district is proposed to provide;
(d) state that taxes may be levied annually upon all taxable property within the proposed special service district;
(e) state that fees or charges may be imposed to pay for some or all of the services that the special service district is proposed to provide;
(f) explain the process, requirements, and timetable for filing a protest against the creation of the special service district or against a service that the special service district is proposed to provide;
(g) designate a date, time, and place for a public hearing on the proposed creation of the special service district; and
(h) except as provided in Subsection (2), be published:
(i)
(A) once a week for four consecutive weeks;
(B) not fewer than five days and no more than 20 days before the date of the public hearing required under Subsection 17D-1-204(2); and
(C) in a newspaper of general circulation in the county or municipality by which the special service district is proposed to be created; and
(ii) in accordance with Section 45-1-101 for 35 days before the date of the public hearing required under Subsection 17D-1-204(2).
(2) Notwithstanding Subsection (1)(h)(i), if the proposed special service district is located entirely within a city of the third, fourth, or fifth class or a town that has no newspaper of general circulation in the city or town, the legislative body of the city or town may provide that the notice required under Subsection 17D-1-204(1) be given by posting the notice in at least five public places in the city or town at least 21 days before the public hearing required under Subsection 17D-1-204(2).
(3) The legislative body of the county or municipality by which the special service district is proposed to be created may include in a notice under this section any other information that the legislative body considers necessary or appropriate.
Amended by Chapter 265, 2013 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 2 - Creating a Special Service District › Section 206 - Protests.

17D-1-206.
Protests.
(1) An interested person may protest:
(a) the creation of a special service district; or
(b) a service that the special service district is proposed to provide.
(2) Each protest under Subsection (1) shall:
(a) be in writing;
(b) be submitted:
(i) to the legislative body of the county or municipality by which the special service district is proposed to be created; and
(ii) no later than 60 days after the public hearing required under Subsection 17D-1-204(2); and
(c) explain why the person is protesting.
(3) A person who submitted a written protest against the creation of a special service district may withdraw the protest or, having withdrawn a protest, cancel the withdrawal, no later than 60 days after the public hearing required under Subsection 17D-1-204(2).
(4) The legislative body of a county or municipality may not adopt a resolution or ordinance creating a special service district if adequate protests are filed with respect to the creation of the special service district.
(5) The legislative body of a county or municipality may not adopt a resolution or ordinance authorizing a special service district to provide a service if adequate protests are filed with respect to that service.
Amended by Chapter 265, 2013 General Session
2023 Utah Code › Title 17D - Limited Purpose Local Government Entities - Other Entities › Chapter 1 - Special Service District Act › Part 2 - Creating a Special Service District › Section 207 - Public hearing.

17D-1-207.
Public hearing.
(1) On the date and at the time and place specified in the notice under Section 17D-1-205, the legislative body of the county or municipality by which the special service district is proposed to be created shall hold a public hearing.
(2) At each public hearing under this section, the legislative body shall:
(a) give full consideration to each written protest that has been filed; and
(b) hear and consider each interested person desiring to be heard.
(3) The legislative body may continue the hearing to another date and time.
Enacted by Chapter 360, 2008 General Session