Wasatch County councilors will vote Wednesday, Aug. 19, on a resolution asking the Utah Legislature to repeal Senate Bill 258, the 2024 law that lets as few as three landowners create their own town in unincorporated "rural" counties.

The vote follows a joint meeting between the Wasatch County Council and Summit County Council on Friday, Aug. 14, where leaders from both counties agreed to form a coalition opposing the law. Wasatch County Manager Dustin Grabau proposed the partnership and told the meeting that the council views preliminary municipalities as highly problematic, according to the Park Record.

S.B. 258 grants preliminary municipalities full zoning and land-use authority without taxation power. The state rejected the Bear Canyon application in July after the Utah Population Committee found it failed to meet contiguity requirements. That leaves Wasatch Highlands as the only active preliminary municipality application in the Wasatch Back.

Phase one of Wasatch Highlands would put approximately 82 single-family homes, a roughly 200-room hotel and about 100 nightly rental or glamping units on nearly 146 acres. Grabau said the project would create excess affordable housing need rather than address the region's shortage.

Summit County Council Vice Chair Roger Armstrong agreed, saying at the Aug. 14 meeting that the law's 10% affordable housing requirement for these developments is "disingenuous to the notion of creating affordable housing." Summit County's own housing strategic plan, adopted Aug. 5, identifies a deficit of 1,621 deed-restricted affordable units and projects a need for 3,745 new units by the end of 2036.

Summit County Council Chair Canice Harte warned the law could be expanded. State code currently caps preliminary municipality applications at two per year, but Harte said that number could rise.

"Right now it's limited to two a year. What if they took it to 10 or 20 or some other number. This is problematic. I don't think just for our counties either, but statewide," Harte said.

Both councils also discussed inviting Morgan County to join the coalition. Morgan County's proposed Nine Springs preliminary municipality went through the state feasibility study process last year, making it a natural ally. Morgan County has not publicly responded to the invitation.

A separate constitutional lawsuit challenging S.B. 258 is also pending.

The Wasatch County Council meets Wednesday, Aug. 19, to vote on the repeal resolution. The Summit County Council also meets that day, when councilors are expected to vote on whether to place a $71 million Basin Recreation bond on the Tuesday, Nov. 3 ballot.