Under Utah Code Section 10-2a-502, individuals may apply to incorporate specific areas as preliminary municipalities by submitting a feasibility request. This process is part of a pilot project scheduled to end on January 1, 2031.
Geographic and ownership requirements
To file a feasibility request, several geographic and ownership conditions must be met. The area must be contiguous, located entirely within one county, and not within a first or second class county. Additionally, the area cannot be within or within 0.25 miles of an existing municipality.
Ownership and land use rules
On the day the request is filed, the area must be owned by no more than three persons who all consent to the incorporation, and at least 50% of the area must be undeveloped. The code also specifies that the area should not include land owned by the United States government unless incorporating such land is necessary for contiguity or to prevent an unincorporated island.
Development and population goals
The statute sets specific development goals for the proposed municipality. The sponsors of the request must intend to develop the area so that at least 100 individuals reside there, with an average population density of no less than seven individuals per square mile, subject to certain exceptions for connecting separate areas. Furthermore, at least 10% of the housing in the preliminary municipality must be designated as affordable housing.
Annexation and study restrictions
Regarding pending annexations, a proposed area may not include all or part of a pending annexation area unless that portion does not exceed 20% of the total proposed area and the request would remain compliant without it. The code also restricts including areas that have been the subject of completed feasibility studies under specific conditions.
Filing requirements and documentation
A complete feasibility request must be filed with the lieutenant governor and include the signatures of all real property owners within the proposed area, a description of the area, and an accurate map prepared by a licensed surveyor. This map must show legal boundaries, planned development, and a projection that the first phase will have at least 100 residents upon completion.
Sponsorship and annual filing limits
Each request must also designate a primary sponsor contact. The state limits the number of feasibility requests that can be filed in a single calendar year, as no more than two requests may have already been filed in the state during that year, unless certain withdrawal or rejection conditions apply.
