(Andrew Christiansen | The Times-Independent) A banner reading “Repeal SB258” is unfurled from the balcony during the public hearing at Star Hall on March 5, 2025. SB258 is a law that allows landowners in unincorporated areas to pursue the creation of a preliminary municipality, a process which has drawn significant local opposition.
It’s not uncommon for a developed area in an unincorporated part of a county to incorporate. When enough homeowners get together, they can apply to become their own municipality, their own town. Together, they’re likely to do a better job of meeting the needs of their community than the county can.
As a so-called “pilot project,” preliminary municipalities were introduced in 2024 after Utah Senate Bill 258 was passed and became effective on May 1, 2024. This new law allows developers to apply to have their planned development with a population of zero incorporate as a municipality as well. A case of putting the cart before the horse? Once approved, they are given the authority to build whatever they want without having to adhere to county regulations.
I’ve heard state legislators, and the governor’s office suggest that these preliminary municipalities could provide more affordable housing for our state. But here’s the deal. Gov. Cox’s Dec 2025 “Utah Strategic Housing Plan” lists 5 of the state’s 29 counties as those most in need of housing. These 5 counties alone account for 81% of the state’s population. And these 5 counties are the only counties where preliminary municipalities are not allowed.
On the surface, preliminary municipalities may seem like a way to provide more affordable housing, as those promoting them want us to believe. But when looking closely at the preliminary municipality applications already in process, it appears unlikely they’ll provide help to any of Utah’s 29 counties, whether allowed or not. Based on these applications, these developers appear more focused on high end housing primarily intended for second homes and vacation rentals. Developers are after all in business to make money, not to govern municipalities.
Dave Closser, Moab