Utah Code 17-41-302. Notice of proposal for creation of protection area — Responses
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Terms Used In Utah Code 17-41-302
- 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
- Critical infrastructure materials: means sand, gravel, or rock aggregate. 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- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Planning commission: means :
(21)(a) a countywide planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within the unincorporated part of the county and not within a planning advisory area;(21)(b) a planning advisory area planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a planning advisory area; or(21)(c) a planning commission of a city or town if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a city or town. See Utah Code 17-41-101(1)(a) An applicable legislative body shall provide notice of the proposal, as a class B notice under Section 63G-30-102, for at least 15 days.(1)(b) A legislative body shall provide the notice described in Subsection (1)(a) for the geographic boundaries of the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area, and the area that extends 1,000 feet beyond the geographic boundaries of the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area.(2) The notice shall contain:(2)(a) a statement that a proposal for the creation of an agriculture protection area, industrial protection area, or critical infrastructure materials protection area has been filed with the applicable legislative body;(2)(b) a statement that the proposal will be open to public inspection in the office of the applicable legislative body;(2)(c) a statement that any person affected by the establishment of the area may, within 15 days of the date of the notice, file with the applicable legislative body:(2)(c)(i) written objections to the proposal; or(2)(c)(ii) a written request to modify the proposal to exclude land from or add land to the proposed protection area;(2)(d) a statement that the applicable legislative body will submit the proposal to the advisory committee and to the planning commission for review and recommendations;(2)(e) a statement that the applicable legislative body will hold a public hearing to discuss and hear public comment on:(2)(e)(i) the proposal to create the agriculture protection area, industrial protection area, or critical infrastructure materials protection area;(2)(e)(ii) the recommendations of the advisory committee and planning commission; and(2)(e)(iii) any requests for modification of the proposal and any objections to the proposal; and(2)(f) a statement indicating the date, time, and place of the public hearing.(3)(3)(a) A person wishing to modify the proposal for the creation of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area shall, within 15 days after the date of the notice, file a written request for modification of the proposal, which identifies specifically the land that should be added to or removed from the proposal.(3)(b) A person wishing to object to the proposal for the creation of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area shall, within 15 days after the date of the notice, file a written objection to the creation of the relevant protection area.