“Should we become a city?” This was the question presented to residents of the Spring Lake area in Southern Utah County and the Ogden Valley area in Weber County during this month’s election. Both communities voted in favor of municipal incorporation—a process defined by state law—to establish their own government structure and official boundaries. To better understand the impact of incorporation for these communities and the state as a whole, let’s explore some key considerations.
What Even is a City?
When a community incorporates, it becomes a distinct legal entity with powers such as levying taxes, establishing a city council, creating a planning commission, and managing assets like land and roads. Interestingly, the process isn’t initiated by state or county authorities but by residents of an unincorporated area who gather signatures to propose the change. This grassroots effort underscores the community-driven nature of incorporation. Legally, an incorporated area becomes a municipality—a designation that carries rights and responsibilities. In Utah, municipalities with fewer than 1,000 residents are classified as towns, emphasizing their smaller size while preserving self-governing authority.
In short, a municipality is far more than a name on a map or a roadside sign.
Do New Cities Get New Laws?
A newly incorporated city can pass its own “local laws” (called ordinances), different from existing county ordinances. This is often a key reason for incorporating.
It is important to note, however, that all ordinances these new municipalities will pass are bound by the limitations set forth by the state. As a legal matter, an ordinance cannot conflict with existing state law, the state constitution, or the U.S. Constitution.
More Cities, More Taxes?
Will incorporation save residents money on their taxes? It’s possible, but without constraints on city spending and a commitment to fostering new business and growth, incorporation could result in higher taxes and fees than those currently levied by the county. The feasibility study—a detailed financial analysis that is required as part of the incorporation process—can provide insights into the likelihood and extent of any potential tax changes. However, like all governments, a city’s tax policies are influenced by the priorities of its elected officials and unforeseen financial circumstances, making future tax rates challenging to predict with certainty.
More or Less Freedom?
Legally, cities and counties cannot grant freedoms beyond what is allowed by the state government. What they can do, however, is adopt a different approach to how they regulate and restrict certain freedoms.
For example, the newly formed government of Spring Lake might prioritize property owner rights, granting greater flexibility and control over land use. In contrast, Ogden Valley could choose to impose stricter regulations, limiting those rights more than the county currently does. This variation highlights how local governments can shape policies to reflect their community’s values and priorities within the framework set by the state.
Broader Implications
So, what does the existence of these two new municipalities mean for the rest of the state? In some sense, their incorporation may reflect a broader trend where communities seek greater control over their future. For Utah as a whole, the formation of Spring Lake and Ogden Valley as municipalities may inspire other unincorporated areas to consider taking the same step. This could lead to more tailored local policies but also raise questions about resource allocation and whether or not residents prefer county or municipal governments.
As these new cities begin to establish themselves, their successes and challenges will serve as case studies for other communities weighing the benefits and drawbacks of incorporation. They will also contribute to the ongoing conversation about how Utah can manage growth and address the financial and logistical demands demanded by an increasing population. Ultimately, the journey of Spring Lake and Ogden Valley highlights the evolving nature of governance in a rapidly changing state.
Local Government Policy Analyst
Lee is the Local Government Policy Analyst at Libertas Institute. He has had a lifelong passion for research, writing, entrepreneurship, local government, and building relationships with people from all walks of life.