Full text of Utah Utah Code § 17-61-402 — Certification of returns -- Governor's proclamation of creation of new county -- Notice and plat to lieutenant governor -- Recording requirements -- Effective date., with citation guidance and answers to common questions.
§ 17-61-402. Certification of returns -- Governor's proclamation of creation of new county -- Notice and plat to lieutenant governor -- Recording requirements -- Effective date.
Effective 11/6/2025
17-61-402.
Certification of returns -- Governor's proclamation of creation of new county -- Notice and plat to lieutenant governor -- Recording requirements -- Effective date.
| (1) |
| (a) | If a petition for the creation of a new county impacts only one seceding county, the proposition submitted to voters under Section 17-61-401 shall be approved by a majority vote of those voters who reside:
| (i) | in the portion of the seceding county proposed as a new county; and |
| (ii) | in the remaining portion of the seceding county. |
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| (b) | If a petition for the creation of a new county impacts more than one seceding county, the proposition submitted to voters under Section 17-61-401 shall be approved by a majority of those voters who reside:
| (i) | in each portion of each seceding county proposed to be part of a new county; and |
| (ii) | in each remaining portion of each seceding county. |
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| (2) | If it appears that any proposition submitted to the voters as provided in Section 17-61-401 has been approved as described in Subsection (1):
| (a) | the lieutenant governor, upon receiving the certified report under Section 20A-4-304, shall certify the result to the governor; and |
| (b) | upon receiving the results from the lieutenant governor under Subsection (1)(a), the governor shall issue a proclamation, stating:
| (i) | the result of the vote in each division of the county; |
| (ii) | the name and boundaries of the new county; |
| (iii) | the boundaries of a seceding county as changed by the creation of the new county; |
| (iv) | that the creation of the new county will take effect on the first Monday in January following the lieutenant governor's issuance of a certificate of creation under Section 67-1a-6.5; |
| (v) | the name proposed in the petition as the name of the new county; and |
| (vi) | the judicial district to which the new county belongs. |
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| (3) | The legislative body of the county from which the greatest portion of the new county was taken 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 |
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| (b) | upon the lieutenant governor's issuance of a certificate of creation under Section 67-1a-6.5, submit to the recorder of the new county:
| (i) | the original notice of an impending boundary action; |
| (ii) | the original certificate of creation; |
| (iii) | the original approved final local entity plat; and |
| (iv) | a certified copy of the governor's proclamation under Subsection (1). |
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| (4) |
| (a) | The new county that is the subject of the lieutenant governor's certificate of creation under Section 67-1a-6.5 is a county of the state from and after January 1 following the issuance of the lieutenant governor's certificate of creation. |
| (b) |
| (i) | The effective date of the creation of a new county for purposes of assessing property within the 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 new county, the new county may not:
| (A) | levy or collect a property tax on property in the county; |
| (B) | levy or collect an assessment on property in the county; or |
| (C) | charge or collect a fee for service provided to property within the county. |
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Renumbered and Amended by Chapter
13, 2025 Special Session 1
Frequently Asked Questions About Utah § 17-61-402
What does Utah Code § 17-61-402 cover?
Section 17-61-402 ("Certification of returns -- Governor's proclamation of creation of new county -- Notice and plat to lieutenant governor -- Recording requirements -- Effective date.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 17-61-402?
A common citation format is "Utah Code § 17-61-402" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 17-61-402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
