10-2a-201.5. Qualifications for incorporation.
(1) An area may incorporate as a town in accordance with this part if the area: is contiguous; or is a community council area; has a population of at least 75 people, but fewer than 1,000 people; and is not already part of a municipality. A preliminary municipality may transition to, and incorporate as, a town, in accordance with Section. 10-2a-510 An area may incorporate as a city in accordance with this part if the area: is contiguous; or is a community council area; has a population of 1,000 people or more; and is not already part of a municipality.
(2) An area may not incorporate under this part if: the area has a population of fewer than 75 people; or except as provided in Subsection, the area has an average population density of fewer than seven people per square mile. (2)(b) Subsectiondoes not prohibit incorporation of an area if: (2)(a)(ii) noncompliance with Subsectionis necessary to connect separate areas that share a demonstrable community interest; and (2)(a)(ii) the area is contiguous.
(3) An area incorporating under this part may not include land owned by the United States federal government unless: the area, including the land owned by the United States federal government, is contiguous; and incorporating the land is necessary to connect separate areas that share a demonstrable community interest; or excluding the land from the incorporating area would create an unincorporated island within the proposed municipality.
(4) Except as provided in Subsection, an area incorporating under this part may not include some or all of an area proposed for annexation in an annexation petition under Sectionthat: (4)(b) 10-2-806 was filed before the filing of the request for a feasibility study, described in Section, relating to the incorporating area; and 10-2a-202 is still pending on the date the request for the feasibility study described in Subsectionis filed. (4)(a)(i) A feasibility request may propose for incorporation an area that includes some or all of an area proposed for annexation in an annexation petition described in Subsectionif: (4)(a) the proposed annexation area that is part of the area proposed for incorporation does not exceed 20% of the area proposed for incorporation; the feasibility request complies with Subsections, (3), (4), and (5) with respect to excluding the proposed annexation area from the area proposed for incorporation; and 10-2a-202(1) excluding the area proposed for annexation from the area proposed for incorporation would not cause the area proposed for incorporation to not be contiguous. Except as provided in Section, the lieutenant governor shall consider each feasibility request to which Subsectionapplies as not proposing the incorporation of an area proposed for annexation. 10-2a-206 (4)(b)
(5) An area incorporating under this part may not include part of a parcel of real property and exclude part of that same parcel unless the owner of the parcel gives written consent to exclude part of the parcel. A piece of real property that has more than one parcel number is considered to be a single parcel for purposes of Subsectionif owned by the same owner. (5)(a)