Utah Code 17-41-306. Adding land to or removing land from a protection area — Removing land from a mining protection area

(1)

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Terms Used In Utah Code 17-41-306

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
County legislative body: means :
     (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
     (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. 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 operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that:
(8)(a) owns, controls, or manages a critical infrastructure materials operation; and
(8)(b) has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations. 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
Division: means the Division of Oil, Gas, and Mining created in Section 40-6-15. 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
Mine operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that, as of January 1, 2019:
(13)(a) owns, controls, or manages a mining use under a large mine permit issued by the division or the board; and
(13)(b) has produced commercial quantities of a mineral deposit from the mining use. See Utah Code 17-41-101
Mining protection area: means land where a vested mining use occurs, including each surface or subsurface land or mineral estate that a mine operator with a vested mining use owns or controls. See Utah Code 17-41-101
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
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
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
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5

(1)(a) Any owner may add land to an existing agriculture protection area, industrial protection area, critical infrastructure materials protection area, as the case may be, by:

(1)(a)(i) filing a proposal with:

(1)(a)(i)(A) the county legislative body, if the relevant protection area and the land to be added are within the unincorporated part of the county; or

(1)(a)(i)(B) the municipal legislative body, if the relevant protection area and the land to be added are within a city or town; and

(1)(a)(ii) obtaining the approval of the applicable legislative body for the addition of the land to the relevant protection area.

(1)(b) The applicable legislative body shall:

(1)(b)(i) comply with the provisions for creating an agriculture protection area, industrial protection area, critical infrastructure materials protection area, as the case may be, in determining whether to accept the proposal; and

(1)(b)(ii) for purposes of a critical infrastructure materials protection area, request a copy of the applicable Division of Air Quality approval order.

(1)(c) The applicable legislative body may deny the expansion if it is contrary to the Division of Air Quality’s approval order.

(2)

(2)(a) An owner of land within an agriculture protection area, industrial protection area, or critical infrastructure materials protection area may remove any or all of the land from the relevant protection area, by filing a petition for removal with the applicable legislative body.

(2)(b)

(2)(b)(i) The applicable legislative body:

(2)(b)(i)(A) shall:

(2)(b)(i)(A)(I) grant the petition for removal of land from the relevant protection area, even if removal of the land would result in an agriculture protection area, industrial protection area, or critical infrastructure materials protection area of less than the number of acres established by the applicable legislative body as the minimum under Section 17-41-301; and

(2)(b)(i)(A)(II) to give constructive notice of the removal to all persons who have, may acquire, or may seek to acquire an interest in land in or adjacent to the agriculture protection area, industrial protection area, or critical infrastructure materials protection area and the land removed from the relevant protection area, file a legal description of the revised boundaries of the relevant protection area with the county recorder of deeds and the affected planning commission; and

(2)(b)(i)(B) may not charge a fee in connection with a petition to remove land from an agriculture protection area, an industrial protection area, or critical infrastructure materials protection area.

(2)(b)(ii) The remaining land in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is still an agriculture protection area, industrial protection area, or critical infrastructure materials protection area.

(2)(b)(iii)

(2)(b)(iii)(A) A critical infrastructure materials operator may abandon some or all of its critical infrastructure materials operations use only as provided in this Subsection (2)(b)(iii).

(2)(b)(iii)(B) To abandon some or all of a critical infrastructure materials operations, a critical infrastructure materials operator shall record a written declaration of abandonment with the recorder of the county in which the critical infrastructure materials operations being abandoned is located.

(2)(b)(iii)(C) The written declaration of abandonment under this Subsection (2)(b)(iii) shall specify the critical infrastructure materials operations or the portion of the critical infrastructure materials operations being abandoned.

(3)

(3)(a) If a municipality annexes any land that is part of an agriculture protection area, industrial protection area, or critical infrastructure materials protection area located in the unincorporated part of the county, the county legislative body shall, within 30 days after the land is annexed, review the feasibility of that land remaining in the relevant protection area according to the procedures and requirements of Section 17-41-307.

(3)(b) The county legislative body shall remove the annexed land from the relevant protection area if:

(3)(b)(i) the county legislative body concludes, after the review under Section 17-41-307, that removal is appropriate; and

(3)(b)(ii) the owners of all the annexed land that is within the relevant protection area consent in writing to the removal.

(3)(c) Removal of land from an agriculture protection area, industrial protection area, or critical infrastructure materials protection area under this Subsection (3) does not affect whether that land may be:

(3)(c)(i) included in a proposal under Section 17-41-301 to create an agriculture protection area, industrial protection area, or critical infrastructure materials protection area within the municipality; or

(3)(c)(ii) added to an existing agriculture protection area, industrial protection area, or critical infrastructure materials protection area within the municipality under Subsection (1).

(4) A mine operator that owns or controls land within a mining protection area may remove any or all of the land from the mining protection area by filing a notice of removal with the legislative body of the county in which the land is located.

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