Creating a new city or town in Utah follows a standardized, multi-step legal process that requires both land-value-based signatures and a successful feasibility study before residents can vote on incorporation. The process is set out in the state's Municipal Incorporation code (Utah Code Title 10, Chapter 2a) and administered with oversight from the Utah Lieutenant Governor's Office. Several of its provisions were updated in the 2025 General Session.
Requirements for Incorporation
Under state law, sponsors of a new municipality must first gather signatures from individuals living within the proposed boundaries. These signatures must represent at least 7% of the assessed land value and 10% of the total land area, calculated based on the acreage and value of each signer's property.
If these initial thresholds are met, a feasibility study is conducted. The results of that study are then presented during a public hearing. Following the completion of the public hearing, sponsors must undergo a second phase of signature collection, this time from registered voters within the proposed boundaries, using the same 7% land value and 10% land area metrics.
Modifying Municipal Boundaries
The legal framework includes specific provisions for modifying boundaries. Under Utah Code Section 10-2a-206, effective May 6, 2026, sponsors may file a modified feasibility request to alter proposed municipal boundaries if the initial study results do not comply with state requirements or if an annexation petition for part of the area was denied.
These modifications are subject to strict timelines. Sponsors cannot file a modified request more than 90 days after the feasibility consultant submits final results, nor more than 18 months after the original feasibility request was filed.
Landowner Exclusion Rights
When boundaries are changed to include new land, the law provides protections for existing property owners. If a modified request includes previously unlisted land, the county clerk is required to identify any newly specified landowners in that area and mail them written notice.
Upon receiving this notice, those landowners have 30 days to file a request to exclude their land from the proposed incorporation boundaries.
Public Hearing Mandates
State law also mandates transparency during the public hearing process. Utah Code Section 10-2a-207, effective May 7, 2025, requires the county clerk to provide a map or plat of the proposed municipality's boundaries and a copy of the feasibility study for public review.
During these hearings, the county clerk must allow members of the public to express views regarding the proposed incorporation and its boundaries, and to ask the feasibility consultant questions about the study results. Notice of each hearing must be published for at least three weeks beforehand.
Final Voter Approval
The final determination of an incorporation rests with the voters. If sponsors meet all signature and study requirements, the proposed incorporation is placed on the ballot at the next election. A majority vote in favor results in the creation of a new city or town, while a failure to secure a majority causes the petition to fail.
