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S.B. 94 Enrolled






Sponsor: Leonard M. Blackham

                  This act modifies the County Code relating to agricultural protection areas and the Utah
                  Criminal Code relating to nuisances. The act extends the sound agricultural practices
                  defense to criminal actions for public nuisance.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                      17-41-403, as last amended by Chapter 383, Laws of Utah 1997
                      76-10-803, as last amended by Chapter 1, Laws of Utah 2000
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 17-41-403 is amended to read:
                       17-41-403. Nuisances.
                      (1) Each political subdivision shall ensure that any of its laws or ordinances that define or
                  prohibit a public nuisance exclude from the definition or prohibition any agricultural activity or
                  operation within an agriculture protection area conducted using sound agricultural practices unless
                  that activity or operation bears a direct relationship to public health or safety.
                      (2) In a civil action for nuisance [involving agricultural activities] or a criminal action for
                  public nuisance under Section 76-10-803 , it is a complete defense if the action involves
                  agricultural activities and those agricultural activities were:
                      (a) [the agricultural activities were] conducted within an agriculture protection area; and
                      (b) [the agricultural activities were] not in violation of any federal, state, or local law or
                  regulation relating to the alleged nuisance or were conducted according to sound agricultural
                      (3) For any new subdivision development located in whole or in part within 300 feet of
                  the boundary of an agriculture protection area, the owner of the development shall provide notice
                  on any plat filed with the county recorder the following notice:

"Agriculture Protection Area

                      This property is located in the vicinity of an established agriculture protection area in which
                  normal agricultural uses and activities have been afforded the highest priority use status. It
                  can be anticipated that such agricultural uses and activities may now or in the future be
                  conducted on property included in the agriculture protection area. The use and enjoyment
                  of this property is expressly conditioned on acceptance of any annoyance or inconvenience
                  which may result from such normal agricultural uses and activities."
                      Section 2. Section 76-10-803 is amended to read:
                       76-10-803. "Public nuisance" defined -- Agricultural operations.
                      (1) A public nuisance is a crime against the order and economy of the state and consists in
                  unlawfully doing any act or omitting to perform any duty, which act or omission:
                      (a) annoys, injures, or endangers the comfort, repose, health, or safety of three or more
                      (b) offends public decency;
                      (c) unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for
                  passage, any lake, stream, canal, or basin, or any public park, square, street, or highway;
                      (d) is a nuisance as defined in Section 78-38-9 ; or
                      (e) in any way renders three or more persons insecure in life or the use of property.
                      (2) An act which affects three or more persons in any of the ways specified in this section
                  is still a nuisance regardless of the extent to which the annoyance or damage inflicted on individuals
                  is unequal.
                      (3) (a) Agricultural operations that are consistent with sound agricultural practices are
                  presumed to be reasonable and do not constitute a public nuisance under Subsection (1) unless the
                  agricultural operation has a substantial adverse effect on the public health and safety.
                      (b) Agricultural operations undertaken in conformity with federal, state, and local laws and
                  regulations, including zoning ordinances, are presumed to be operating within sound agricultural

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