Summit County Council unanimously adopted a resolution Oct. 7 urging Utah lawmakers to repeal a state law that allows qualifying landowners to create preliminary municipalities.
The council approved Resolution 2026-23, calling for the repeal of Senate Bill 258, the 2024 law that established the program, as first reported by TownLift.
The county argues that the process can conflict with local zoning, long-range planning and community priorities. The resolution comes as a developer-backed preliminary municipality proposal called Lost Creek advances in Browns Canyon.
What SB 258 allows
Under Senate Bill 258, qualifying landowners can seek to establish a preliminary municipality to develop land that could eventually become an incorporated town.
The process includes a feasibility study, a public hearing and other state-level requirements. Preliminary municipalities receive many powers of municipal governments, including zoning and land-use authority.
The law prohibits preliminary municipalities from imposing taxes, receiving allocations of sales or gasoline taxes, or exercising eminent domain.
Once the population reaches 100, the law requires a petition to begin transitioning to an elected town government.
Summit County's resolution argues that local governments are better positioned to balance property rights, housing needs, infrastructure and community interests.
The county also pointed to ongoing updates of the Snyderville Basin and Eastern Summit County general plans, which involve public participation in determining future land use.
Lost Creek in Browns Canyon
The dispute has direct implications for a proposed development in Browns Canyon.
According to the Lost Creek preliminary municipality filing published by the Utah Office of the Lieutenant Governor, the proposed municipality covers approximately 490.5 acres.
The filing describes 510 units, including 255 nightly rental units.
GRR-Lost Creek LLC and E B R Management LLC are listed as applicants. Christopher P. Gamvroulas is identified as the primary contact and sponsor.
Separately, Garff Rogers Ranches LLC and Ivory Development are seeking county approval for a Lost Creek Community Zone in Browns Canyon.
That proposal is larger than the preliminary municipality filing. According to TownLift's reporting on the county development plan, a January 2026 plan showed a maximum buildout of 3,002 housing units.
County materials described between 2,285 and 3,002 units on approximately 407.5 developable acres.
The property is currently zoned AG-80, which generally allows one unit of density for every 80 acres. Creating the proposed community zone would establish a different zoning framework but would not automatically approve the development.
Additional county approvals would still be necessary.
The Utah Office of the Lieutenant Governor resumed processing the Lost Creek preliminary municipality request in September after initially declining it earlier in 2026 because of the state's annual limit on feasibility requests.
The state now lists Lost Creek on its official incorporations page.
Counties oppose the law
Summit County joins Wasatch County in calling for repeal.
The Wasatch County Council adopted a resolution in September asking the Legislature to end the preliminary municipality program.
Wasatch County officials have argued that the law gives developers a way to pursue large projects outside traditional county land-use procedures. Their concerns include infrastructure costs, housing, government oversight and local authority.
Summit County's resolution similarly emphasizes the importance of local planning and public participation in development decisions.
The resolution itself does not stop the Lost Creek application or change the state's preliminary municipality law. Legislative action would be required to repeal the program.
Court challenge moves forward
The law also faces a constitutional challenge involving Echo Canyon, Utah's first certified preliminary municipality, near Moab.
Seventh District Judge Don M. Torgerson heard arguments Oct. 29 on competing summary judgment motions in the case, according to The Salt Lake Tribune.
The plaintiffs argue that the law improperly transfers government authority to a developer-controlled board without voter approval.
Defense attorneys contend that the Legislature has authority to establish the temporary form of government.
Torgerson issued no ruling at the hearing and said he hoped to decide the motions within approximately 60 days.
The lawsuit and county repeal resolutions reflect an ongoing dispute over how much authority developers should have over land-use decisions in unincorporated Utah communities.
