Utah Code 17-27a-1103. County adoption of a county large concentrated animal feeding operation land use ordinance
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(1)
Terms Used In Utah Code 17-27a-1103
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Land use decision: means an administrative decision of a land use authority or appeal authority regarding:(36)(a) a land use permit;(36)(b) a land use application; or(36)(c) the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 17-27a-103
- Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:(3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and(3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: includes any department, division, or agency of the state. See Utah Code 17-27a-103
(1)(a) The legislative body of a county desiring to restrict siting of large concentrated animal feeding operations shall adopt a county large concentrated animal feeding operation land use ordinance in accordance with this part by no later than February 1, 2022.
(1)(b) A county may consider an application to locate large concentrated animal feeding operations in the county before the county adopts the county large concentrated animal feeding operation land use ordinance under this part.
(2) A county large concentrated animal feeding operation land use ordinance described in Subsection (1) shall:
(2)(a) designate geographic areas of sufficient size to support large concentrated animal feeding operations, including state trust lands described in Subsection 53C-1-103(8) and private property within the county, including adopting a map described in Section 17-27a-1104;
(2)(b) establish requirements and procedures for applying for a land use decision that provides a reasonable opportunity to operate large concentrated animal feeding operations within the geographic area described in Subsection (2)(a);
(2)(c) disclose fees imposed to apply for the land use decision described in Subsection (2)(b);
(2)(d) disclose any requirements in addition to fees described in Subsection (2)(c) to be imposed by the county; and
(2)(e) provide for administrative remedies consistent with this chapter.
(3)
(3)(a) This part does not authorize a county to regulate the operation of large concentrated animal feeding operations in any way that conflicts with state or federal statutes or regulations.
(3)(b) Nothing in this part supersedes or authorizes enactment of an ordinance that infringes on Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas, or Title 4, Chapter 44, Agricultural Operations Nuisances Act.