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S.B. 203





Sponsor: Leonard M. Blackham

13    This act affects sections of Utah Code Annotated 1953 as follows:
14    AMENDS:
15         17-41-101, as last amended by Chapter 271, Laws of Utah 1995
16         17-41-301, as enacted by Chapter 58, Laws of Utah 1994
17         17-41-304, as last amended by Chapter 222, Laws of Utah 1996
18         17-41-306, as enacted by Chapter 58, Laws of Utah 1994
19         17-41-401, as enacted by Chapter 58, Laws of Utah 1994
20         17-41-402, as enacted by Chapter 58, Laws of Utah 1994
21    Be it enacted by the Legislature of the state of Utah:
22        Section 1. Section 17-41-101 is amended to read:
23         17-41-101. Definitions.
24        As used in this chapter:
25        [(2)] (1) "Advisory board" means the Agriculture Protection Area Advisory Board created
26    by this chapter.
27        [(3)] (2) (a) "Agriculture production" means production for commercial purposes of crops,

1    livestock, and livestock products.
2        (b) "Agriculture production" includes the processing or retail marketing of any crops,
3    livestock, and livestock products when more than 50% of the processed or merchandised products
4    are produced by the farm operator.
5        [(1)] (3) "Agriculture protection area" means a geographic area created under the authority
6    of this chapter that is granted the specific legal protections contained in this chapter.
7        (4) "Crops, livestock, and livestock products" includes:
8        (a) land devoted to the raising of useful plants and animals with a reasonable expectation
9    of profit, including:
10        (i) forages and sod crops;
11        (ii) grains and feed crops;
12        (iii) livestock as defined in Subsection 59-2-102(18)(d);
13        (iv) trees and fruits; or
14        (v) vegetables, nursery, floral, and ornamental stock; or
15        (b) land devoted to and meeting the requirements and qualifications for payments or other
16    compensation under a crop-land retirement program with an agency of the state or federal
17    government.
18        (5) (a) "Political subdivision" means a city, township, county, school district, or special
19    district.
20        (b) The inclusion of township in the definition of "political subdivision" under Subsection
21    (5)(a) shall not be construed as an indication that a township is a political subdivision for any
22    purpose other than as that term is used in this chapter.
23        (6) "Proposal sponsors" means the owners of land in agricultural production who are
24    sponsoring the proposal for creating an agricultural protection area.
25        (7) "State agency" means each department, commission, board, council, agency,
26    institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
27    unit, bureau, panel, or other administrative unit of the state.
28        Section 2. Section 17-41-301 is amended to read:
29         17-41-301. Proposal for creation of agriculture protection area.
30        (1) (a) [Any owner or owners of land in agricultural production may file a proposal for
31    creation of] A proposal to create an [agricultural] agriculture protection area may be filed with the

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1    [county] legislative body of the county in which the area is located.
2        (b) (i) To be accepted for processing by the county legislative body, a proposal under
3    Subsection (1)(a) shall be signed by a majority in number of all owners of real property and the
4    owners of a majority of the land area in agricultural production within the proposed agriculture
5    protection area.
6        (ii) For purposes of Subsection (b)(i), the owners of real property shall be determined by
7    the records of the county recorder.
8        (2) The proposal shall identify:
9        (a) the [land in agricultural production that the proposal sponsors wish] boundaries of the
10    land proposed to become part of an agriculture protection area;
11        (b) any limits on the types of agriculture production to be allowed within the agriculture
12    protection area; and
13        (c) for each parcel of land:
14        (i) the names of the owners of record of the land [contained within the parcel] proposed
15    to be included within the agriculture protection area;
16        (ii) the tax parcel number or account number [of] identifying each parcel; and
17        (iii) the [number or account] number of acres [as listed on the] of each parcel [tax records].
18        (3) An agriculture protection area may include within its boundaries land used for a
19    roadway, dwelling site, park, or other nonagricultural use if that land constitutes a minority of the
20    total acreage within the agriculture protection area.
21        [(3)] (4) Each county legislative body may establish:
22        (a) the manner and form for submission of proposals; and
23        (b) reasonable fees for accepting and processing the proposal.
24        [(4)] (5) Each county legislative body shall establish the minimum number of continuous
25    acres that must be included in an agriculture protection area.
26        Section 3. Section 17-41-304 is amended to read:
27         17-41-304. Public hearing -- Review and action on proposal.
28        (1) After receipt of the reports from the advisory committee and planning commission, or
29    after the 45 days has expired, whichever is earlier, the county legislative body shall:
30        (a) schedule a public hearing;
31        (b) provide notice of the public hearing by:

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1        (i) publishing notice in a newspaper having general circulation within the proposed
2    agriculture protection area; and
3        (ii) posting notice at five public places within, adjacent to, or near the proposed agriculture
4    protection area; and
5        (c) ensure that the notice includes:
6        (i) the time, date, and place of the public hearing on the proposal;
7        (ii) a description of the proposed area;
8        (iii) any proposed modifications to the area;
9        (iv) the recommendations of the advisory committee and planning commission; and
10        (v) a statement that interested persons may appear at the public hearing and speak in favor
11    or against the proposal, any proposed modifications to the proposal, or the recommendations of
12    the advisory committee and planning commission.
13        (2) The county legislative body shall:
14        (a) convene the public hearing at the time, date, and place specified in the notice; and
15        (b) take verbal or written testimony from interested persons.
16        (3) (a) Within 120 days of the submission of the proposal, the county legislative body
17    shall approve, modify and approve, or reject the proposal.
18        (b) The creation of an agriculture protection area is effective [when the] at the earlier of:
19        (i) a county legislative [body approves] body's approval of a proposal or modified
20    proposal; or [when]
21        (ii) 120 days [have passed since] after submission of [the] a proposal [and] complying with
22    Subsection 17-41-301(2) if the county legislative body has failed to approve or reject the proposal
23    within that time[, whichever is earlier].
24        (4) (a) In order to give constructive notice of the existence of the agriculture protection
25    area to all persons who have, may acquire, or may seek to acquire an interest in land in or adjacent
26    to the agriculture protection area, within ten days of the creation of an agriculture protection area,
27    the county legislative body shall file an executed document containing a legal description of the
28    agriculture protection area with:
29        (i) the county recorder of deeds; and
30        (ii) the affected county or district planning commission or township planning and zoning
31    board.

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1        (b) If the legal description of the property to be included in the agriculture protection area
2    is available through the county recorder's office, the county legislative body shall use that legal
3    description in its executed document required in Subsection (4)(a).
4        (5) Within ten days of the recording of the agriculture protection area, the county
5    legislative body shall:
6        (a) send written notification to the Commissioner of Agriculture that the agriculture
7    protection area has been created; and
8        (b) include in the notification:
9        (i) the number of landowners owning land within the agriculture protection area;
10        (ii) the total acreage of the area;
11        (iii) the date of approval of the area; and
12        (iv) the date of recording.
13        Section 4. Section 17-41-306 is amended to read:
14         17-41-306. Adding land to or removing land from an agriculture protection area.
15        (1) (a) Any owner may add land to an existing agriculture protection area by:
16        (i) filing a proposal with the county legislative body; and
17        (ii) obtaining the approval of the county legislative body for the addition of the land to the
18    area.
19        (b) The county legislative body shall comply with the provisions for creating an
20    agriculture protection area in determining whether or not to accept the proposal.
21        (2) (a) Any owner may remove land from an agriculture protection area by filing a petition
22    for removal of the land from the agriculture protection area with the county legislative body.
23        (b) (i) The county legislative body shall:
24        (A) grant the petition for removal of land from an agriculture protection area even if
25    removal of the land would result in an agriculture protection area of less than the number of acres
26    established by the county legislative body as the minimum under Section 17-41-301; and
27        (B) in order to give constructive notice of the removal to all persons who have, may
28    acquire, or may seek to acquire an interest in land in or adjacent to the agriculture protection area
29    and the land removed from the agriculture protection area, file a legal description of the revised
30    boundaries of the agriculture protection area with the county recorder of deeds and the affected
31    county or district planning commission or township planning and zoning board.

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1        (ii) The remaining land in the agriculture protection area is still an agriculture protection
2    area.
3        (3) (a) When a municipality annexes any land that is part of an agriculture protection area,
4    the county legislative body shall, within 30 days after the land is annexed, review the feasibility
5    of that land remaining in the agriculture protection area according to the procedures and
6    requirements of Section 17-41-307.
7        (b) If appropriate, the county legislative body shall remove the annexed land from the
8    agriculture protection area.
9        Section 5. Section 17-41-401 is amended to read:
10         17-41-401. Farmland Assessment Act benefits not affected.
11        [Any land placed in] (1) Creation of an agriculture protection area [is subject to the
12    provisions] shall not impair the ability of land within the area to obtain the benefits of Title 59,
13    Chapter 2, Part 5, Farmland Assessment Act.
14        (2) The eligibility of land for the benefits of Title 59, Chapter 2, Part 5, Farmland
15    Assessment Act, shall be determined exclusively by the provisions of that act, notwithstanding the
16    land's location within an agriculture protection area.
17        Section 6. Section 17-41-402 is amended to read:
18         17-41-402. Limitations on local regulations.
19        (1) Each political subdivision within which an agriculture protection area is created shall
20    encourage the continuity, development, and viability of agriculture within the area by not enacting
21    local laws, ordinances, or regulations that would unreasonably restrict farm structures or farm
22    practices within the area unless those laws, ordinances, or regulations bear a direct relationship to
23    public health or safety.
24        (2) A political subdivision may not change the zoning designation of or zoning regulations
25    affecting land within an agriculture protection area unless it receives written approval for the
26    change from [all] the [landowners] owners of a majority of the land area within the agriculture
27    protection area.

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Legislative Review Note
    as of 2-10-97 5:26 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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