{"data":{"id":"us-ut/utah-code-53-2a-208","jurisdiction":"us-ut","citation":"Utah Code § 53-2a-208","heading":"Local emergency -- Declarations -- Termination of a local emergency.","body":"(1)\n(a) Except as provided in Subsection (1)(b), a chief executive officer of a municipality or county may declare by proclamation a state of emergency if the chief executive officer finds:\n(i) a disaster has occurred or the occurrence or threat of a disaster is imminent in an area of the municipality or county; and\n(ii) the municipality or county requires additional assistance to supplement the response and recovery efforts of the municipality or county.\n(b) A chief executive officer of a municipality may not declare by proclamation a state of emergency in response to an epidemic or a pandemic.\n(2) A declaration of a local emergency:\n(a) constitutes an official recognition that a disaster situation exists within the affected municipality or county;\n(b) provides a legal basis for requesting and obtaining mutual aid or disaster assistance from other political subdivisions or from the state or federal government;\n(c) activates the response and recovery aspects of any and all applicable local disaster emergency plans; and\n(d) authorizes the furnishing of aid and assistance in relation to the proclamation.\n(3) A local emergency proclamation issued under this section shall state:\n(a) the nature of the local emergency;\n(b) the area or areas that are affected or threatened; and\n(c) the conditions which caused the emergency.\n(4) The emergency declaration process within the state shall be as follows:\n(a) a city or town, shall declare to the county;\n(b) a county shall declare to the state;\n(c) the state shall declare to the federal government; and\n(d) a tribe, as defined in Section 23A-1-202, shall declare as determined under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sec. 5121 et seq.\n(5) Nothing in this part affects:\n(a) the governor's authority to declare a state of emergency under Section 53-2a-206; or\n(b) the duties, requests, reimbursements, or other actions taken by a political subdivision participating in the state-wide mutual aid system pursuant to Title 53, Chapter 2a, Part 3, Statewide Mutual Aid Act.\n(6)\n(a) Except as provided in Subsection (6)(b), a state of emergency described in Subsection (1) expires the earlier of:\n(i) the day on which the chief executive officer finds that:\n(A) the threat or danger has passed;\n(B) the disaster reduced to the extent that emergency conditions no longer exist; or\n(C) the municipality or county no longer requires state government assistance to supplement the response and recovery efforts of the municipality or county;\n(ii) 30 days after the day on which the chief executive officer declares the state of emergency; or\n(iii) the day on which the legislative body of the municipality or county terminates the state of emergency by majority vote.\n(b)\n(i)\n(A) The legislative body of a municipality may at any time terminate by majority vote a state of emergency declared by the chief executive officer of the municipality.\n(B) The legislative body of a county may at any time terminate by majority vote a state of emergency declared by the chief executive officer of the county.\n(ii) The legislative body of a municipality or county may by majority vote extend a state of emergency for a time period stated in the motion.\n(iii) If the legislative body of a municipality or county extends a state of emergency in accordance with this subsection, the state of emergency expires on the date designated by the legislative body in the motion.\n(iv) An action by a legislative body of a municipality or county to terminate a state of emergency as described in this Subsection (6)(b) is not subject to veto by the relevant chief executive officer.\n(c) Except as provided in Subsection (7), after a state of emergency expires in accordance with this Subsection (6), the chief executive officer may not declare a new state of emergency in response to the same disaster or occurrence as the expired state of emergency.\n(7)\n(a) After a state of emergency expires in accordance with Subsection (6), the chief executive officer may declare a new state of emergency in response to the same disaster or occurrence as the expired state of emergency, if the chief executive officer finds that exigent circumstances exist.\n(b) A state of emergency declared in accordance with Subsection (7)(a) expires in accordance with Subsections (6)(a) and (b).\n(c) After a state of emergency declared in accordance with Subsection (7)(a) expires, the chief executive officer may not declare a new state of emergency in response to the same disaster or occurrence as the expired state of emergency, regardless of whether exigent circumstances exist.","path":["Title 53 Public Safety Code","Chapter 53-2a Emergency Management Act","Part 53-2a-2 Disaster Response and Recovery Act"],"source_url":"https://le.utah.gov/xcode/Title53/Chapter2a/53-2a-S208.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"a3051f4f2a48b67283a3ce82e3f4d8ce56dc304428022bf90b213f126bd5c0fc","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-53-2a-207","next":"us-ut/utah-code-53-2a-209"},"notice":"GroundRules: Original legal text. Not legal advice."}