Utah Code » Title 10, Chapter 1 — General Provisions; part 10-1-1 — Short Title, Definitions, Repealer, and Scope of Code
Utah Code

Utah Code § 10-1-104 (2026)

Definitions

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As used in this title:

"City" means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301.
"Contiguous" means:
if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
if used to describe an area's relationship to another area, sharing a common boundary.
"Governing body" means collectively the legislative body and the executive of any municipality. Unless otherwise provided:
in a city of the first or second class, the governing body is the city commission;
in a city of the third, fourth, or fifth class, the governing body is the city council; and
in a town, the governing body is the town council.
"Municipal" means of or relating to a municipality.
"Municipality" means:
a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
a town, as classified in Section 10-2-301; or
a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality.
"Peninsula," when used to describe an unincorporated area, means an area surrounded on more than 1/2 of its boundary distance, but not completely, by incorporated territory and situated so that the length of a line drawn across the unincorporated area from an incorporated area to an incorporated area on the opposite side shall be less than 25% of the total aggregate boundaries of the unincorporated area.
"Person" means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity.
"Provisions of law" shall include other statutes of the state of Utah and ordinances, rules, and regulations properly adopted by any municipality unless the construction is clearly contrary to the intent of state law.
"Recorder," unless clearly inapplicable, includes and applies to a town clerk.
"Town" means a municipality classified by population as a town under Section 10-2-301.
"Unincorporated" means not within a municipality.

Amended by Chapter 438, 2024 General Session

Amended by Chapter 534, 2024 General Session

Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1981–2024 · leading case: Sandy City v. Salt Lake Cnty., 827 P.2d 212 (Utah 1992).
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Sandy City v. Salt Lake Cnty., 827 P.2d 212 (Utah 1992). · cites it 30× “” Utah Code Ann. § 10-1-104 (11) (1986). The parties disagree on two issues.”
GeoMetWatch Corp. v. Utah State Univ. Rsch. Found., 2018 UT 50, 428 P.3d 1064. · cites it 3× “Both school districts and municipal corporations (which include cities and towns, see Utah Code § 10-1-104(5) (including cities and towns in the definition of "[m]unicipality") ) id.”
Sandy City v. Salt Lake Cnty., 794 P.2d 482 (Utah Ct. App. 1990). · cites it 7× “” “Urban development” is defined in Utah Code Ann. § 10-1-104 (11) (1986) as *492 “a housing subdivision involving more than 15 residential units with an average of less than one acre per residential unit or a commercial or industrial development for which cost projections…”
Bellonio v. Salt Lake City Corp., 911 P.2d 1294 (Utah Ct. App. 1996). · cites it 6× “See Utah Code Ann. § 10-1-104 (2) (1992) 2 ; accord Yates, 617 P.”
Ward v. Richfield City, 716 P.2d 265 (Utah 1984). · cites it 4× “Under § 10-1-104(2)(a), the governing body for cities of the first and second class is a city commission composed of a mayor and four or two commissioners, § 10-3-103 and 104.”
Bluffdale Mountain Homes, LC v. Bluffdale City, 2007 UT 57, 167 P.3d 1016. · cites it 4× “Utah Code Ann. § 10-1-104 (6).(2003). 60 .”
Sweetwater Props. v. Town of Alta, 622 P.2d 1178 (Utah 1981). · cites it 4× “Once the declaration is adopted, no urban development, shall be approved or permitted within the area to be annexed, as that term is defined under Section 10-1-104(11), subject to certain limitations.”
Carter v. Lehi City, 2012 UT 2, 269 P.3d 141. “§ 10-1-104(8). Nothing in this statute refers to the voters, the people, or *163 the public.”
Larson v. Park City Mun. Corp., 955 P.2d 343 (Utah 1998). · cites it 2× “] Utah Code Ann. § 10-1-104 (2) (1996). Furthermore, section 10-3-105 states: The governing body of cities of the third class shall be a council composed of six members one of whom shall be the mayor and the remaining five shall be councilmen.”
Pike Countryside Annexation v. Vernal City, 711 P.2d 240 (Utah 1985). · cites it 4× “That term is defined in § 10-1-104(8) to mean “a county, municipality or other entity possessing taxation powers within a county, whose territory, service delivery or revenue will be directly and significantly affected by a proposed boundary change involving a municipality or…”
Kuchcinski v. Box Elder Cnty., 2019 UT 21, 450 P.3d 1056. “Accordingly, we set forth the correct standard for reviewing constitutional claims for damages when brought solely against a municipality.”
Busch v. Salt Lake Int'l Airport, 921 P.2d 470 (Utah Ct. App. 1996). · cites it 4× “) (citing Utah Code Ann. § 10-1-104 (2) (1992)), cert.”
Show all 18 citing cases →
Utah Code § 10-1-104(11): 3 cases
Sandy City v. Salt Lake Cnty., 827 P.2d 212 (Utah 1992). “” Utah Code Ann. § 10-1-104 (11) (1986). The parties disagree on two issues.”
Sandy City v. Salt Lake Cnty., 794 P.2d 482 (Utah Ct. App. 1990). “” “Urban development” is defined in Utah Code Ann. § 10-1-104 (11) (1986) as *492 “a housing subdivision involving more than 15 residential units with an average of less than one acre per residential unit or a commercial or industrial development for which cost projections…”
Sweetwater Props. v. Town of Alta, 622 P.2d 1178 (Utah 1981). “Once the declaration is adopted, no urban development, shall be approved or permitted within the area to be annexed, as that term is defined under Section 10-1-104(11), subject to certain limitations.”
Utah Code § 10-1-104(2): 2 cases
Bellonio v. Salt Lake City Corp., 911 P.2d 1294 (Utah Ct. App. 1996). “See Utah Code Ann. § 10-1-104 (2) (1992) 2 ; accord Yates, 617 P.”
Council of Holladay City v. Larkin, 2004 UT 24, 89 P.3d 164.
Utah Code § 10-1-104(2)(a): 1 case
Ward v. Richfield City, 716 P.2d 265 (Utah 1984). “Under § 10-1-104(2)(a), the governing body for cities of the first and second class is a city commission composed of a mayor and four or two commissioners, § 10-3-103 and 104.”
Utah Code § 10-1-104(2)(b): 1 case
Ward v. Richfield City, 716 P.2d 265 (Utah 1984). “Under § 10-1-104(2)(a), the governing body for cities of the first and second class is a city commission composed of a mayor and four or two commissioners, § 10-3-103 and 104.”
Utah Code § 10-1-104(5): 4 cases
GeoMetWatch Corp. v. Utah State Univ. Rsch. Found., 2018 UT 50, 428 P.3d 1064. “Both school districts and municipal corporations (which include cities and towns, see Utah Code § 10-1-104(5) (including cities and towns in the definition of "[m]unicipality") ) id.”
Kuchcinski v. Box Elder Cnty., 2019 UT 21, 450 P.3d 1056. “Accordingly, we set forth the correct standard for reviewing constitutional claims for damages when brought solely against a municipality.”
3 Dimensional Contractors v. Utah Associated, 2024 UT App 35, 547 P.3d 829.
Schvaneveldt v. South Davis Metro Fire, 2022 UT App 2, 505 P.3d 77.
Utah Code § 10-1-104(5)(a): 1 case
Downs v. Thompson, 2019 UT 53, 452 P.3d 1101.
Utah Code § 10-1-104(8): 5 cases
Carter v. Lehi City, 2012 UT 2, 269 P.3d 141. “§ 10-1-104(8). Nothing in this statute refers to the voters, the people, or *163 the public.”
Pike Countryside Annexation v. Vernal City, 711 P.2d 240 (Utah 1985). “That term is defined in § 10-1-104(8) to mean “a county, municipality or other entity possessing taxation powers within a county, whose territory, service delivery or revenue will be directly and significantly affected by a proposed boundary change involving a municipality or…”
Sweetwater Props. v. Town of Alta, 622 P.2d 1178 (Utah 1981). “Once the declaration is adopted, no urban development, shall be approved or permitted within the area to be annexed, as that term is defined under Section 10-1-104(11), subject to certain limitations.”
Sandy City v. City of South Jordan, 652 P.2d 1316 (Utah 1982).
Paulsen v. Hooper Water Improvement Dist., 656 P.2d 459 (Utah 1982).
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