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7 LONG TITLE
8 General Description:
9 This bill modifies the Urban Farming Assessment Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the definition of urban farming for counties of the third through sixth
13 class; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 59-2-1702, as last amended by Laws of Utah 2019, Chapter 492
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 59-2-1702 is amended to read:
25 59-2-1702. Definitions.
26 As used in this part:
27 (1) "Actively devoted to urban farming" means that:
28 (a) land is devoted to active urban farming activities; and
29 (b) the land produces greater than 50% of the average agricultural production per acre:
30 (i) as determined under Section 59-2-1703; and
31 (ii) for the given type of land and the given county or area.
32 (2) "Rollback tax" means the tax imposed under Section 59-2-1705.
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42 (3) (a) "Urban farming" means:
43 (i) if performed on land located in a county of the first or second class, cultivating food
44 or other marketable crop:
45 (A) with a reasonable expectation of profit from the sale of the food or other
46 marketable crop; and
47 (B) from irrigated land located in a county that has adopted an ordinance governing
48 urban farming in accordance with Section 59-2-1714; or
49 (ii) if performed on land located in a county other than a county of the first or second
50 class:
51 (A) cultivating food or other marketable crop or engaging in livestock production,
52 including grazing; and
53 (B) performing the activity described in Subsection (3)(a)(ii)(A) with a reasonable
54 expectation of profit and from irrigated land located in a county that has adopted an ordinance
55 governing urban farming in accordance with Section 59-2-1714.
56 (b) "Urban farming" does not include the following, if performed on land located in a
57 county of the first or second class:
58 (i) livestock production; or
59 (ii) grazing.
60 (4) "Withdrawn from this part" means that land that has been assessed under this part is
61 no longer assessed under this part or eligible for assessment under this part for any reason
62 including that:
63 (a) an owner voluntarily requests that the land be withdrawn from this part;
64 (b) the land is no longer actively devoted to urban farming;
65 (c) (i) the land has a change in ownership; and
66 (ii) (A) the new owner fails to apply for assessment under this part as required by
67 Section 59-2-1707; or
68 (B) an owner applies for assessment under this part, as required by Section 59-2-1707,
69 but the land does not meet the requirements of this part to be assessed under this part;
70 (d) (i) the legal description of the land changes; and
71 (ii) (A) an owner fails to apply for assessment under this part, as required by Section
72 59-2-1707; or
73 (B) an owner applies for assessment under this part, as required by Section 59-2-1707,
74 but the land does not meet the requirements of this part to be assessed under this part;
75 (e) the owner of the land fails to file an application as provided in Section 59-2-1707;
76 or
77 (f) except as provided in Section 59-2-1703, the land fails to meet a requirement of
78 Section 59-2-1703.