Summit County Council calls for repeal of controversial state law
Oct 08, 2026
Summit County officials say they understand Gov. Spencer Cox intends to address a need for housing across the state, but they disagree with how the Utah Legislature has allowed it.
That’s why the Summit County Council adopted a resolution calling for the state to repeal any legislation related
to preliminary municipalities, such as Senate Bill 258, which was adopted in 2024.
Under the law, a group of property owners can file with the state to develop their land into what would later become a town — without approval from the local government — as long as it meets certain requirements.
Councilors were clear that the county intends to follow all state laws and codes, but the resolution shows their disagreement with the way the controversial law is designed. Last month, Wasatch County also called on the state to repeal the law.
Chief Civil Deputy Dave Thomas structured Summit County’s document as a history-based argument establishing that county rights should prevail and local government should have local land use authority. It also cites Summit County’s efforts to adopt an affordable housing plan and develop public-private partnerships.
“Part of the heritage of Utah is the belief that urban densities should be placed within municipal boundaries because municipal corporations are better equipped to provide municipal type services,” the resolution states.
It continues, “In Utah, we struggled for, and ultimately achieved, the right to local self-governance. The government that is closest to the people governs best. Our State leadership should re-commit to our heritage and values.”
The County Council mostly debated how much background to include in the resolution. At five pages, councilors considered whether it would be better to keep it simple and concise.
County Councilor Chris Robinson appreciated the historical context, but also advocated for continued discussions with the state. County Councilor Megan McKenna agreed.
Meanwhile, County Council Chair Canice Harte said it could be reduced to a single page. County Councilor Roger Armstrong supported the resolution, but suggested trimming it to emphasize local control and community planning. County Councilor Tonja Hanson favored issuing the resolution as soon as possible: the current iteration or a shortened version.
The group ultimately voted to adopt the resolution as is.
The resolution comes the same week that Summit County once again faces the possibility of a preliminary municipality within its boundaries.
The current law only allows two applications to be processed by the Lt. Governor’s Office each year. The state was originally considering the Bear Canyon and Wasatch Highlands preliminary municipalities, each located in Wasatch County, while the Lost Creek proposal in Browns Canyon was third in line.
However, the Bear Canyon project was rejected in July because it did not meet all the requirements for incorporation — allowing Ivory Howes to proceed with its application.
Harte indicated that a state subcommittee is meeting to discuss the law before the general session, but it’s unclear whether any changes would benefit the local government or developers.
Preliminary Municipality ResolutionDownload
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