Wasatch County is continuing discussions on a resolution that will oppose preliminary municipalities in rural counties.
But the county is learning that the issue may be more complicated than they initially thought. That’s because the governor’s senior adviser for housing strategy delivered a message Tuesday for the County Council at a Heber City Council meeting.
Steve Waldrip said Gov. Spencer Cox is ready to suspend state funding for Wasatch County over the matter, adding that the state views the county as openly declaring war on the state when it partnered with Summit County to oppose Senate Bill 258, passed in 2024.
That law launched a pilot program in which up to three landowners in unincorporated areas may apply for a preliminary municipality in “rural” counties. Wasatch County is facing one preliminary municipality proposal known as Wasatch Highlands.
“I think we feel like we’re just providing feedback of, like, hey, this pilot program is not working out. We should stop it now, go back to the drawing board, come up with a new plan,” Wasatch County Manager Dustin Grabau said.
Aug. 12, the Wasatch County Council met with the Summit County Council to join forces on the issue and advocate for a repeal of the state law. Wednesday, Wasatch County independently continued the discussion, considering its own resolution for the time being.
Now the question is how to pursue the matter without furthering a divide between the Governor’s Office and Wasatch County.
“I think we should address really just explicitly what’s included in the resolution is simply us as a county potentially advocating for what we think is a change to state law,” Grabau said. “That is just a misunderstanding that this resolution isn’t calling for us to defy state law, and you can read it for yourself. It’s very short and very brief.”
Grabau said the resolution advocates for the county and its citizens. It’s an issue that’s not only present in Wasatch County, Grabau said, but also Summit County and Morgan County.
“That is, I don’t think, something that is worthy of some kind of reprimand or consequences from the state,” Grabau said.
County Councilor Luke Searle said it’s important to address the root of the matter: housing. Affordable housing is one requirement outlined in S.B. 258, and Grabau has said publicly Cox is not shy about his drive for housing development.
“What I would include in this resolution and moving forward is we need to communicate with the state how we have done those things, including the General Plan,” Searle said. “We need to do a better job at that.”
County Councilor Erik Rowland said the issue has become conflated with interference from the state.
“This felt like a complete no-brainer resolution,” Rowland said.
He’s still trying to understand how the state is perceiving the situation. And now, Rowland said, there’s a question: Whom would a change to the new resolution benefit?
“Who are we doing that for?” Rowland asked. “Do we want to make the Governor’s Office happy? Do we want to make SITLA happy? Do we want to make Philo happy? Or do we want to make Wasatch County happy?”
County councilors agreed that the best question is what can be done to best serve the citizens of Wasatch County.
County Councilor Mark Nelson said misconceptions on the part of the state and developers such as Philo Development are another reason the county needs to further expand upon the reasoning behind the resolution, though.
Tuesday, Waldrip also referenced Wasatch County’s decision to say “no” to a legislative development agreement with Philo Development, which would have allowed the developer to build near the Wasatch Highlands area. The proposal suggested about 144 lots on about 740 acres owned by the Utah School and Institutional Trust Lands Administration, while current zoning would allow development of up to one unit per 160 acres.
Rowland said the resolution should proceed, though the result should be very clear on the county’s intentions.
County councilors directed staff to draft a resolution expanding on the reasoning behind the county’s opposition to preliminary municipalities and S.B. 258.
Grabau said the county will continue to reach out to the Governor’s Office to address threats from Cox made by Waldrip on Tuesday.