At a Wasatch Highlands preliminary municipality public hearing on Tuesday, Greener Hills resident Cindy Cossairt noted both sides of the aisle were represented about a week before ballots are due.  “This is election season, and we have gathered both Democrats and Republicans (who) are all opp osed,” Cossairt said. The concept of a new unwanted incorporation in Wasatch County has united the community, Cossairt said.  The Lt. Governor’s Office scheduled the public hearing for LRB Public Finance Advisors, the group that conducted the Wasatch Highlands feasibility study, to present the results. The proposed incorporation is adjacent to the Red Ledges neighborhood and northeast of Heber City.  The consultants spent about 30 minutes presenting the study, which determined whether Wasatch Highlands’ proposed boundaries could support itself economically. LRB Public Finance Advisors analyzed potential population, demographics, tax base, five-year cost and revenue projections, risks and opportunities, analysis of new revenue sources and the fiscal impacts. Celeste Johnson, former Midway mayor and current House District 59 candidate, said that Senate Bill 258 does more harm than good. Credit: Jonathan Herrera/Park Record A total of 30 people spoke during the hour-long public comment period on Wednesday: Politicians, Heber and Midway city councilors, Wasatch County councilors, water experts and community members.  All spoke against Wasatch Highlands and the controversial law allowing the preliminary municipality: Senate Bill 258.  SB 258 took effect in 2024 and allows up to three landowners in rural areas to incorporate, and only two applications can move forward each year with the Lt. Governor’s Office. Two applications were filed to create preliminary municipalities in Wasatch County on Jan. 1: Wasatch Highlands and Bear Canyon. The latter was rejected in July because it did not meet all the incorporation requirements, allowing a proposed preliminary municipality in Summit County to move forward. Midway Old Town Legal attorney Lauren Forsyth, the Democratic candidate for Wasatch County attorney, spoke against SB 258.  “I believe SB 258 is unconstitutional. It allows private developers to obtain their own utility over land use decisions that directly affect our residents while bypassing local government and our elected representatives who are accountable to the people of Wasatch County,” Forsyth said.  Kevin Payne, a Midway City Council member, said that Senate Bill 258 “needs to be repealed.” Credit: Jonathan Herrera/Park Record Deputy County Attorney Jon Woodard, the Republican candidate for Wasatch County attorney, also spoke in opposition, adding that the law usurps local control.  A pattern emerged throughout the public comment period with most speakers addressing property rights for current residents, water availability and infrastructure issues. Most said Wasatch Highlands would not succeed despite the consultants’ OK to move forward.  “I think what you’re going to find in our community is an incredible amount of frustration and anger regarding this entire process. It almost feels like, based on the parameters given for this study, the answers are so vague and so ill-defined as far as what we’re looking for,” Wasatch County Council Chair Erik Rowland said.  Wasatch County Emergency Management Director Jeremy Hales, the Republican candidate for Wasatch County sheriff, said Wasatch Highlands does not have a solid plan from his professional perspective. “It has impacts on our deputies, our police officers, our firefighters, our ambulances and our evacuation of residents in that area,” Hales said. “We need to have proper planning and make sure that funding and staffing and coordination are done way before this development occurs.” Tracy Taylor of the Wasatch Taxpayers Association is a real estate broker and said the housing market is unpredictable. She said there’s no telling if the homes — projected to cost anywhere from $1 million to $10 million — will really sell.  “Look, our market is softening. The interest rates are high. We don’t see them coming down in the next year,” Taylor said. “Why in the world would you get into our market right now when we have no idea what’s going to happen?” Bruce Zollinger is a farmer near the base of Little Pole Canyon. He was concerned about water and said that the feasibility only makes “assumptions” on water availability.  Wasatch County Council member Luke Searle said the feasibility study that analyzed Wasatch Highlands’ economic viability is based on “too many assumptions.” Credit: Jonathan Herrera/Park Record “Where is that water coming from?” Zollinger asked.   LRB Public Finance Advisors Vice President and Chief Operations Officer Fred Philpot was charged with answering questions submitted to the Lt. Governor’s Office. A “record” 140 questions were submitted by 7:30 p.m. on Wednesday.  A good portion of the questions did not produce real answers from the advisors because there was no related study conducted. Residents wanted to know: What risk analysis was done on project wastewater contaminants, groundwater or the watershed? What upgrades to county-owned roads outside the Wasatch Highlands boundary will the project require and who will pay for them?  What income level, as a percentage of area median income, will the Wasatch Highlands affordable units be priced? But Philpot did answer questions about cost assumptions, risks and impact fees. Philpot said feasibility could be jeopardized because of risks related to water, wastewater access, fire protection and law enforcement.  Philpot said impact fees are a charge to new development activity within the service area for which there’s authority, meaning that an interlocal agreement may be needed to assess impact fees.  The developer is also responsible for maintaining any roadway that is within 1 half-mile of the preliminary municipality. The county is responsible for maintenance outside of that scope.  Some individuals, like Jim and Marty Harger, left the meeting with more questions than answers.  “There are many gaps of information that they haven’t asked for or collected,” Marty said.  Philo Development’s Greg Whitehead is the primary sponsor for Wasatch Highlands. He said he looks forward to working with development partners and the broader community.  Heber City Mayor Heidi Franco was one of 30 public commentors that stepped up to the microphone at a public hearing regarding the Wasatch Highlands preliminary municipality on Tuesday. Credit: Jonathan Herrera/Park Record “We strive to deliver quality developments that all stakeholders can be proud of, and we carefully consider all feedback to implement suggestions whenever possible,” Whitehead said.  Petitioners for the Wasatch Highlands incorporation, in this case Philo Development, have one year to submit their petition following the public hearing. Then, board members are designated. Signatures from landowners are collected. There is proof of feasibility study compliance and payment from the initial landowners for the study and other incorporation expenses.  There are a few circumstances in which Wasatch Highlands would be dissolved.  That includes if the area has not transitioned to a town within six years after the petition is filed, or if the area has not transitioned into a town within four years after the first residential certificate is issued.  If dissolution occurs, all roads and infrastructure revert to the county, the area falls under county jurisdiction and initial landowners are liable to the county for any damages.  Wasatch Highlands’ proposal includes 700 homes, a hotel, “glamping” and retail development projects on a 2,700-acre parcel. Unlike full incorporation, requesting a preliminary municipality gives developers more time to meet the 100-person population requirement for incorporation.  Wasatch Highlands is one proposed preliminary municipality that can start the process of becoming a town. Credit: Map courtesy of the Utah Lieutenant Governor's Office Wasatch Highlands would be required to file to incorporate as a town once the population exceeds 100. The application and feasibility study states the first phase is projected to have at least 100 residents when completed.  The move to incorporate as a preliminary municipality comes after Heber City officials rejected the Wasatch Highlands proposal. In 2024, Philo Development attempted without success to annex into Heber City.  In February, Wasatch County Manager Dustin Grabau said the county did not anticipate having to plan for a new incorporation.  In September, Wasatch County formally drafted a resolution opposing Senate Bill 258 with a mass of citizen support. That came after an indirect threat from the Governor’s Office to withhold state funding when county officials pushed back on development in the Wasatch Back in partnership with Summit County and opposed preliminary municipalities.  Wasatch Highlands may now move to file a petition within a year of the public hearing held on Wednesday. All 140-plus questions will be answered by advisors and posted on the Lieutenant Governor’s Office website within a week. Wasatch Highlands Feasibility Study FinalDownload The post Wasatch Highlands feasibility advisors field hundreds of questions, comments from Wasatch County residents appeared first on Park Record. ...read more read less