The GOP representative for Morgan, Rich and Summit counties drew overwhelming support from her House colleagues on the “preliminary municipalities” bill she introduced on Capitol Hill this year.
But Tiara Auxier’s House Bill 510 died in the Senate before the legislative session wrapped March 6. It’s the second year in a row that a roll back or reform the 2-year-old existing law has failed.
In 2025, the Senate rejected Midway GOP Rep. Mike Kohler’s attempt to repeal the controversial incorporation process.
Auxier’s version, framed as an effort at reform, got more support.
Senators voted 14-12 in favor, but with three absent or abstaining HB510 didn’t get the simple majority needed to pass. Senate Majority Whip Chris Wilson, R-Logan; Sen. Lincoln Fillmore, R-South Jordan, and Senate Minority Leader Luz Escamilla, D-Salt Lake City, didn’t vote.
Sen. Ann Millner, R-Ogden, said on the floor that preliminary municipalities should be discussed in more depth outside of the Legislative General Session.
“These are always really complex issues, and every issue is a little bit different. I think it's time for us to step back and say, how do we approach this for the long term, bring all the constituents to the table and build a better ongoing framework going forward, instead of doing incremental things,” she said. “It feels like this would be something that we ought to be doing during [the interim session] with the right stakeholders at the table.”
The preliminary municipality process refers to a type of town incorporation created during the 2024 Legislative General Session.
It allows up to three landowners to petition the Utah lieutenant governor for the ability to create a town on their land, which cannot be more than 50% developed. Two preliminary municipalities are allowed to start incorporation each year.
The process is controversial since it allows landowners — often who want to develop in rural areas — to gain land use and zoning authority outside of normal county government processes.
Activists near Moab in Grand County are suing over the preliminary municipality law, which they believe is “special legislation” for a luxury housing developer hoping to build along the Colorado River.
The lawsuit, which could render the entire process unconstitutional, is pending in 7th District Court.
Landowners in Summit and Wasatch counties, meanwhile, continue to apply for preliminary municipalities.
Wasatch Highlands, east of Heber, is already greenlit to start incorporation. Bear Canyon in Provo Canyon needs to resubmit application materials before it can proceed.
The two projects they beat out would’ve also been in the Wasatch Back, one south of Wallsburg and the other in Browns Canyon.
