Utah Code 17-41-301. Proposal for creation of a protection area

(1)

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Terms Used In Utah Code 17-41-301

Agriculture production: includes the processing or retail marketing of any crops, livestock, and livestock products when more than 50% of the processed or merchandised products are produced by the farm operator. See Utah Code 17-41-101
Agriculture protection area: means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
Applicable legislative body: means :
     (4)(a) with respect to a proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area:
          (4)(a)(i) the legislative body of the county in which the land proposed to be included in the relevant protection area is located, if the land is within the unincorporated part of the county; or
          (4)(a)(ii) the legislative body of the city or town in which the land proposed to be included in the relevant protection area is located; and
     (4)(b) with respect to an existing agriculture protection area, industrial protection area, or critical infrastructure materials protection area:
          (4)(b)(i) the legislative body of the county in which the relevant protection area is located, if the relevant protection area is within the unincorporated part of the county; or
          (4)(b)(ii) the legislative body of the city or town in which the relevant protection area is located. See Utah Code 17-41-101
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 17-41-101
Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 17-41-101
Critical infrastructure materials protection area: means a geographic area created under the authority of this chapter on or after May 14, 2019, that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
Industrial protection area: means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
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
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
Municipal: means of or relating to a city or town. See Utah Code 17-41-101
Municipality: means a city or town. See Utah Code 17-41-101
Property: includes both real and personal property. See Utah Code 68-3-12.5
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Unincorporated: means not within a city or town. See Utah Code 17-41-101

(1)(a) A proposal to create an agriculture protection area, an industrial protection area, or critical infrastructure materials protection area may be filed with:

(1)(a)(i) the legislative body of the county in which the area is located, if the area is within the unincorporated part of a county; or

(1)(a)(ii) the legislative body of the city or town in which the area is located, if the area is within a city or town.

(1)(b) A proposal to create a critical infrastructure protection area can only be initiated by the legislative body of the municipality or county. Creation of a critical infrastructure materials protection area is a legislative act.

(1)(c)

(1)(c)(i) To be accepted for processing by the applicable legislative body, a proposal under Subsection (1)(a) shall be signed by a majority in number of all owners of real property and the owners of a majority of the land area in agricultural production, industrial use, or critical infrastructure materials operations within the proposed relevant protection area.

(1)(c)(ii) For purposes of Subsection (1)(c)(i), the owners of real property shall be determined by the records of the county recorder.

(2) The proposal shall identify:

(2)(a) the boundaries of the land proposed to become part of the relevant protection area;

(2)(b) any limits on the types of agriculture production, industrial use, or critical infrastructure materials operations to be allowed within the relevant protection area; and

(2)(c) for each parcel of land:

(2)(c)(i) the names of the owners of record of the land proposed to be included within the relevant protection area;

(2)(c)(ii) the tax parcel number or account number identifying each parcel; and

(2)(c)(iii) the number of acres of each parcel.

(3) An agriculture protection area, industrial protection area, or critical infrastructure materials protection area may include within its boundaries land used for a roadway, dwelling site, park, or other nonagricultural use, in the case of an industrial protection area, nonindustrial use, or in the case of a critical infrastructure materials protection area, use unrelated to critical infrastructure materials operations, if that land constitutes a minority of the total acreage within the relevant protection area.

(4) An agricultural protection area may include within the boundaries of the agricultural protection area an agritourism activity, as defined in Section 78B-4-512.

(5) A county or municipal legislative body may establish:

(5)(a) the manner and form for submission of proposals; and

(5)(b) reasonable fees for accepting and processing the proposal.

(6) A county and municipal legislative body shall establish the minimum number of continuous acres that shall be included in an agriculture protection area, industrial protection area, or critical infrastructure materials protection area.

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