1     
URBAN FARMING AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kevin T. Van Tassell

5     
House Sponsor: Logan Wilde

6     

7     LONG TITLE
8     General Description:
9          This bill deals with urban farming.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the definition of "urban farming";
13          ▸     authorizes a county to authorize urban farming; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          This bill provides a special effective date.
19     Utah Code Sections Affected:
20     AMENDS:
21          59-2-1702, as last amended by Laws of Utah 2014, Chapter 413
22     ENACTS:
23          59-2-1714, Utah Code Annotated 1953
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 59-2-1702 is amended to read:
27          59-2-1702. Definitions.
28          As used in this part:
29          (1) "Actively devoted to urban farming" means that:
30          (a) land is devoted to active urban farming activities;
31          (b) the land produces greater than 50% of the average agricultural production per acre:
32          (i) as determined under Section 59-2-1703; and
33          (ii) for the given type of land and the given county or area.
34          (2) "Rollback tax" means the tax imposed under Section 59-2-1705.
35          (3) (a) Subject to Subsection (3)(b), "urban farming" means cultivating food:
36          (i) with a reasonable expectation of profit from the sale of the food; and
37          (ii) from irrigated land located in a county[:] that has adopted an ordinance governing
38     urban farming in the county, pursuant to Section 59-2-1714.
39          [(A) of the first class, as defined in Section 17-50-501; or]
40          [(B) of the second class, as defined in Section 17-50-501, if the county is at least 98%
41     urban, as determined by the United States Census Bureau.]
42          (b) "Urban farming" does not include:
43          (i) cultivating food derived from an animal; or
44          (ii) grazing.
45          (4) "Withdrawn from this part" means that land that has been assessed under this part is
46     no longer assessed under this part or eligible for assessment under this part for any reason
47     including that:
48          (a) an owner voluntarily requests that the land be withdrawn from this part;
49          (b) the land is no longer actively devoted to urban farming;
50          (c) (i) the land has a change in ownership; and
51          (ii) (A) the new owner fails to apply for assessment under this part as required by
52     Section 59-2-1707; or
53          (B) an owner applies for assessment under this part, as required by Section 59-2-1707,
54     but the land does not meet the requirements of this part to be assessed under this part;
55          (d) (i) the legal description of the land changes; and
56          (ii) (A) an owner fails to apply for assessment under this part, as required by Section
57     59-2-1707; or
58          (B) an owner applies for assessment under this part, as required by Section 59-2-1707,
59     but the land does not meet the requirements of this part to be assessed under this part;
60          (e) the owner of the land fails to file an application as provided in Section 59-2-1707;
61     or
62          (f) except as provided in Section 59-2-1703, the land fails to meet a requirement of
63     Section 59-2-1703.
64          Section 2. Section 59-2-1714 is enacted to read:
65          59-2-1714. County regulation.
66          A county in this state may adopt an ordinance, authorizing residents of the county to:
67          (1) participate in urban farming; and
68          (2) utilize the provisions of this part as described in this part.
69          Section 3. Effective date.
70          This bill takes effect on January 1, 2019.