Utah Code

Title 17 Counties
Chapter 41 Agriculture and Industrial Protection Areas
Section 101 Definitions.


     17-41-101.   Definitions.
     As used in this chapter:
     (1) "Advisory board" means:
     (a) for an agriculture protection area, the agriculture protection area advisory board created as provided in Section 17-41-201; and
     (b) for an industrial protection area, the industrial protection area advisory board created as provided in Section 17-41-201.
     (2) (a) "Agriculture production" means production for commercial purposes of crops, livestock, and livestock products.
     (b) "Agriculture production" includes the processing or retail marketing of any crops, livestock, and livestock products when more than 50% of the processed or merchandised products are produced by the farm operator.
     (3) "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.
     (4) "Applicable legislative body" means:
     (a) with respect to a proposed agriculture protection area or industrial protection area:
     (i) the legislative body of the county in which the land proposed to be included in an agriculture protection area or industrial protection area is located, if the land is within the unincorporated part of the county; or
     (ii) the legislative body of the city or town in which the land proposed to be included in an agriculture protection area or industrial protection area is located; and
     (b) with respect to an existing agriculture protection area or industrial protection area:
     (i) the legislative body of the county in which the agriculture protection area or industrial protection area is located, if the agriculture protection area or industrial protection area is within the unincorporated part of the county; or
     (ii) the legislative body of the city or town in which the agriculture protection area or industrial protection area is located.
     (5) "Board" means the Board of Oil, Gas, and Mining created in Section 40-6-4.
     (6) "Crops, livestock, and livestock products" includes:
     (a) land devoted to the raising of useful plants and animals with a reasonable expectation of profit, including:
     (i) forages and sod crops;
     (ii) grains and feed crops;
     (iii) livestock as defined in Subsection 59-2-102(27)(d);
     (iv) trees and fruits; or
     (v) vegetables, nursery, floral, and ornamental stock; or
     (b) land devoted to and meeting the requirements and qualifications for payments or other compensation under a crop-land retirement program with an agency of the state or federal government.
     (7) "Division" means the Division of Oil, Gas, and Mining created in Section 40-6-15.
     (8) "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.
     (9) "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, 2009:
     (a) owns, controls, or manages a mining use under a large mine permit issued by the division or the board; and
     (b) has produced commercial quantities of a mineral deposit from the mining use.
     (10) "Mineral deposit" has the same meaning as defined in Section 40-8-4, but excludes:
     (a) building stone, decorative rock, and landscaping rock; and
     (b) consolidated rock that:
     (i) is not associated with another deposit of minerals;
     (ii) is or may be extracted from land; and
     (iii) is put to uses similar to the uses of sand, gravel, and other aggregates.
     (11) "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.
     (12) "Mining use":
     (a) means:
     (i) the full range of activities, from prospecting and exploration to reclamation and closure, associated with the exploitation of a mineral deposit; and
     (ii) the use of the surface and subsurface and groundwater and surface water of an area in connection with the activities described in Subsection (12)(a)(i) that have been, are being, or will be conducted; and
     (b) includes, whether conducted on-site or off-site:
     (i) any sampling, staking, surveying, exploration, or development activity;
     (ii) any drilling, blasting, excavating, or tunneling;
     (iii) the removal, transport, treatment, deposition, and reclamation of overburden, development rock, tailings, and other waste material;
     (iv) any removal, transportation, extraction, beneficiation, or processing of ore;
     (v) any smelting, refining, autoclaving, or other primary or secondary processing operation;
     (vi) the recovery of any mineral left in residue from a previous extraction or processing operation;
     (vii) a mining activity that is identified in a work plan or permitting document;
     (viii) the use, operation, maintenance, repair, replacement, or alteration of a building, structure, facility, equipment, machine, tool, or other material or property that results from or is used in a surface or subsurface mining operation or activity;
     (ix) any accessory, incidental, or ancillary activity or use, both active and passive, including a utility, private way or road, pipeline, land excavation, working, embankment, pond, gravel excavation, mining waste, conveyor, power line, trackage, storage, reserve, passive use area, buffer zone, and power production facility;
     (x) the construction of a storage, factory, processing, or maintenance facility; and
     (xi) any activity described in Subsection 40-8-4(14)(a).
     (13) (a) "Municipal" means of or relating to a city or town.
     (b) "Municipality" means a city or town.
     (14) "New land" means surface or subsurface land or mineral estate that a mine operator gains ownership or control of, whether or not that land or mineral estate is included in the mine operator's large mine permit.


     (15) "Off-site" has the same meaning as provided in Section 40-8-4.
     (16) "On-site" has the same meaning as provided in Section 40-8-4.
     (17) "Planning commission" means:
     (a) a countywide planning commission if the land proposed to be included in the agriculture protection area or industrial protection area is within the unincorporated part of the county and not within a township;
     (b) a township planning commission if the land proposed to be included in the agriculture protection area or industrial protection area is within a township; or
     (c) a planning commission of a city or town if the land proposed to be included in the agriculture protection area or industrial protection area is within a city or town.
     (18) "Political subdivision" means a county, city, town, school district, local district, or special service district.
     (19) "Proposal sponsors" means the owners of land in agricultural production or industrial use who are sponsoring the proposal for creating an agriculture protection area or industrial protection area, respectively.
     (20) "State agency" means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.
     (21) "Unincorporated" means not within a city or town.
     (22) "Vested mining use" means a mining use:
     (a) by a mine operator; and
     (b) that existed or was conducted or otherwise engaged in before a political subdivision prohibits, restricts, or otherwise limits a mining use.

Amended by Chapter 376, 2009 General Session

17-41-201.   Agriculture protection area or industrial protection area advisory board.
     (1) (a) (i) Each county legislative body shall appoint no more than five members from the county's conservation district board of supervisors to serve as the Agriculture Protection Area Advisory Board.
     (ii) Each county legislative body shall appoint an industrial protection area advisory board.
     (b) A county legislative body may appoint the advisory board before or after a proposal to create an agriculture protection area or industrial protection area is filed.
     (2) Each member of an advisory board shall serve without salary, but a county legislative body may reimburse members for expenses incurred in the performance of their duties.
     (3) Each advisory board shall:
     (a) evaluate proposals for the establishment of agriculture protection areas or industrial protection areas and make recommendations to the applicable legislative body about whether or not the proposal should be accepted;
     (b) provide expert advice to the planning commission and to the applicable legislative body about:
     (i) the desirability of the proposal;
     (ii) the nature of agricultural production or industrial use, as the case may be, within the proposed area;
     (iii) the relation of agricultural production or industrial use, as the case may be, in the area to the county as a whole; and
     (iv) which agriculture production or industrial use should be allowed within the agriculture protection area or industrial protection area, respectively; and
     (c) perform all other duties required by this chapter.

Amended by Chapter 179, 2007 General Session

17-41-301.   Proposal for creation of agriculture protection area or industrial protection area.
     (1) (a) A proposal to create an agriculture protection area or an industrial protection area may be filed with:
     (i) the legislative body of the county in which the area is located, if the area is within the unincorporated part of a county; or
     (ii) the legislative body of the city or town in which the area is located, if the area is within a city or town.
     (b) (i) To be accepted for processing by the applicable legislative body, a proposal under Subsection (1)(a) shall be signed by a majority in number of all owners of real property and the owners of a majority of the land area in agricultural production or industrial use within the proposed agriculture protection area or industrial protection area, respectively.
     (ii) For purposes of Subsection (1)(b)(i), the owners of real property shall be determined by the records of the county recorder.
     (2) The proposal shall identify:
     (a) the boundaries of the land proposed to become part of an agriculture protection area or industrial protection area;
     (b) any limits on the types of agriculture production or industrial use to be allowed within the agriculture protection area or industrial protection area, respectively; and
     (c) for each parcel of land:
     (i) the names of the owners of record of the land proposed to be included within the agriculture protection area or industrial protection area;
     (ii) the tax parcel number or account number identifying each parcel; and
     (iii) the number of acres of each parcel.
     (3) An agriculture protection area or industrial protection area may include within its boundaries land used for a roadway, dwelling site, park, or other nonagricultural or, in the case of an industrial protection area, nonindustrial use if that land constitutes a minority of the total acreage within the agriculture protection area or industrial protection area, respectively.
     (4) A county or municipal legislative body may establish:
     (a) the manner and form for submission of proposals; and
     (b) reasonable fees for accepting and processing the proposal.
     (5) Each county and municipal legislative body shall establish the minimum number of continuous acres that must be included in an agriculture protection area or industrial protection area.

Amended by Chapter 194, 2006 General Session

17-41-302.   Notice of proposal for creation of agriculture protection area or industrial protection area -- Responses.
     (1) Each applicable legislative body shall provide notice of the proposal by:
     (a) (i) publishing notice:
     (A) in a newspaper having general circulation within:
     (I) the same county as the land proposed for inclusion within an agriculture protection area or industrial protection area, as the case may be, if the land is within the unincorporated part of the county; or
     (II) the same city or town as the land proposed for inclusion within an agriculture protection area or industrial protection area, as the case may be, if the land is within a city or town; and
     (ii) as required in Section 45-1-101;
     (b) posting notice at five public places, designated by the county or municipal legislative body, within or near the proposed agriculture protection area or industrial protection area; and
     (c) mailing written notice to each owner of land within 1,000 feet of the land proposed for inclusion within an agriculture protection area or industrial protection area.
     (2) The notice shall contain:
     (a) a statement that a proposal for the creation of an agriculture protection area or industrial protection area has been filed with the applicable legislative body;
     (b) a statement that the proposal will be open to public inspection in the office of the applicable legislative body;
     (c) a statement that any person or entity affected by the establishment of the area may, within 15 days of the date of the notice, file with the applicable legislative body:
     (i) written objections to the proposal; or
     (ii) a written request to modify the proposal to exclude land from or add land to the proposed agriculture protection area or industrial protection area, as the case may be;
     (d) a statement that the applicable legislative body will submit the proposal to the advisory committee and to the planning commission for review and recommendations;
     (e) a statement that the applicable legislative body will hold a public hearing to discuss and hear public comment on:
     (i) the proposal to create the agriculture protection area or industrial protection area;
     (ii) the recommendations of the advisory committee and planning commission; and
     (iii) any requests for modification of the proposal and any objections to the proposal; and
     (f) a statement indicating the date, time, and place of the public hearing.
     (3) (a) Any person wishing to modify the proposal for the creation of the agriculture protection area or industrial protection area shall, within 15 days after the date of the notice, file a written request for modification of the proposal, which identifies specifically the land that should be added to or removed from the proposal.
     (b) Any person wishing to object to the proposal for the creation of the agriculture protection area or industrial protection area shall, within 15 days after the date of the notice, file a written objection to the creation of the agriculture protection area or industrial protection area.

Amended by Chapter 388, 2009 General Session

17-41-303.   Review of proposal for creation of agriculture protection area or industrial protection area.
     (1) After 15 days from the date of the notice, the applicable legislative body shall refer the proposal and any objections and proposed modifications to the proposal to the advisory committee and planning commission for their review, comments, and recommendations.
     (2) (a) Within 45 days after receipt of the proposal, the planning commission shall submit a written report to the applicable legislative body that:
     (i) analyzes and evaluates the effect of the creation of the proposed area on the planning policies and objectives of the county or municipality, as the case may be;
     (ii) analyzes and evaluates the proposal by applying the criteria contained in Section 17-41-305;
     (iii) recommends any modifications to the land to be included in the proposed agriculture protection area or industrial protection area;
     (iv) analyzes and evaluates any objections to the proposal; and
     (v) includes a recommendation to the applicable legislative body either to accept, accept and modify, or reject the proposal.
     (b) Within 45 days after receipt of the proposal, the advisory board shall submit a written report to the applicable legislative body that:
     (i) recommends any modifications to the land to be included in the proposed agriculture protection area or industrial protection area;
     (ii) analyzes and evaluates the proposal by applying the criteria contained in Section 17-41-305;
     (iii) analyzes and evaluates any objections to the proposal; and
     (iv) includes a recommendation to the applicable legislative body either to accept, accept and modify, or reject the proposal.
     (c) The applicable legislative body shall consider a failure of the planning commission or advisory committee to submit a written report within the 45 days under Subsection (2)(a) or (b) as a recommendation of that committee to approve the proposal as submitted.

Amended by Chapter 194, 2006 General Session

17-41-304.   Public hearing -- Review and action on proposal.
     (1) After receipt of the written reports from the advisory committee and planning commission, or after the 45 days have expired, whichever is earlier, the county or municipal legislative body shall:
     (a) schedule a public hearing;
     (b) provide notice of the public hearing by:
     (i) publishing notice:
     (A) in a newspaper having general circulation within:
     (I) the same county as the land proposed for inclusion within the agriculture protection area or industrial protection area, if the land is within the unincorporated part of the county; or
     (II) the same city or town as the land proposed for inclusion within an agriculture protection area or industrial protection area, if the land is within a city or town; and
     (B) as required in Section 45-1-101;
     (ii) posting notice at five public places, designated by the applicable legislative body, within or near the proposed agriculture protection area or industrial protection area; and
     (iii) mailing written notice to each owner of land within 1,000 feet of the land proposed for inclusion within an agriculture protection area or industrial protection area; and
     (c) ensure that the notice includes:
     (i) the time, date, and place of the public hearing on the proposal;
     (ii) a description of the proposed agriculture protection area or industrial protection area;
     (iii) any proposed modifications to the proposed agriculture protection area or industrial protection area;
     (iv) a summary of the recommendations of the advisory committee and planning commission; and
     (v) a statement that interested persons may appear at the public hearing and speak in favor of or against the proposal, any proposed modifications to the proposal, or the recommendations of the advisory committee and planning commission.
     (2) The applicable legislative body shall:
     (a) convene the public hearing at the time, date, and place specified in the notice; and
     (b) take verbal or written testimony from interested persons.
     (3) (a) Within 120 days of the submission of the proposal, the applicable legislative body shall approve, modify and approve, or reject the proposal.
     (b) The creation of an agriculture protection area or industrial protection area is effective at the earlier of:
     (i) the applicable legislative body's approval of a proposal or modified proposal; or
     (ii) 120 days after submission of a proposal complying with Subsection 17-41-301(2) if the applicable legislative body has failed to approve or reject the proposal within that time.
     (4) (a) In order to give constructive notice of the existence of the agriculture protection area or industrial protection area to all persons who have, may acquire, or may seek to acquire an interest in land in or adjacent to the agriculture protection area or industrial protection area, respectively, within 10 days of the creation of an agriculture protection area or industrial protection area, the applicable legislative body shall file an executed document containing a legal description of the agriculture protection area or industrial protection area, as the case may be, with:
     (i) the county recorder of deeds; and


     (ii) the affected planning commission.
     (b) If the legal description of the property to be included in the agriculture protection area or industrial protection area is available through the county recorder's office, the applicable legislative body shall use that legal description in its executed document required in Subsection (4)(a).
     (5) Within 10 days of the recording of the agriculture protection area, the applicable legislative body shall:
     (a) send written notification to the commissioner of agriculture and food that the agriculture protection area has been created; and
     (b) include in the notification:
     (i) the number of landowners owning land within the agriculture protection area;
     (ii) the total acreage of the area;
     (iii) the date of approval of the area; and
     (iv) the date of recording.
     (6) The applicable legislative body's failure to record the notice required under Subsection (4) or to send the written notification under Subsection (5) does not invalidate the creation of an agriculture protection area.
     (7) The applicable legislative body may consider the cost of recording notice under Subsection (4) and the cost of sending notification under Subsection (5) in establishing a fee under Subsection 17-41-301(4)(b).

Amended by Chapter 388, 2009 General Session

17-41-305.   Criteria to be applied in evaluating a proposal for the creation of an agriculture protection area or industrial protection area.
     In evaluating a proposal and in determining whether or not to create or recommend the creation of an agriculture protection area or industrial protection area, the advisory committee, planning commission, and applicable legislative body shall apply the following criteria:
     (1) whether or not the land is currently being used for agriculture production or for an industrial use, as the case may be;
     (2) whether or not the land is zoned for agriculture use or industrial use, as the case may be;
     (3) whether or not the land is viable for agriculture production or industrial use, as the case may be;
     (4) the extent and nature of existing or proposed farm improvements or the extent and nature of existing or proposed improvements to or expansion of the industrial use, as the case may be; and
     (5) (a) in the case of an agriculture protection area, anticipated trends in agricultural and technological conditions; or
     (b) in the case of an industrial protection area, anticipated trends in technological conditions applicable to the industrial use of the land in question.

Amended by Chapter 194, 2006 General Session

  17-41-306.   Adding land to or removing land from an agriculture protection area or industrial protection area -- Removing land from a mining protection area.
     (1) (a) Any owner may add land to an existing agriculture protection area or industrial protection area, as the case may be, by:
     (i) filing a proposal with:
     (A) the county legislative body, if the agriculture protection area or industrial protection area and the land to be added are within the unincorporated part of the county; or
     (B) the municipal legislative body, if the agriculture protection area or industrial protection area and the land to be added are within a city or town; and
     (ii) obtaining the approval of the applicable legislative body for the addition of the land to the area.
     (b) The applicable legislative body shall comply with the provisions for creating an agriculture protection area or industrial protection area, as the case may be, in determining whether or not to accept the proposal.
     (2) (a) Any owner of land within an agriculture protection area or industrial protection area may remove any or all of the land from the agriculture protection area or industrial protection area, respectively, by filing a petition for removal with the applicable legislative body.
     (b) (i) The applicable legislative body:
     (A) shall:
     (I) grant the petition for removal of land from an agriculture protection area or industrial protection area, as the case may be, even if removal of the land would result in an agriculture protection area or industrial protection area of less than the number of acres established by the applicable legislative body as the minimum under Section 17-41-301; and
     (II) in order 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 or industrial protection area and the land removed from the agriculture protection area or industrial protection area, file a legal description of the revised boundaries of the agriculture protection area or industrial protection area with the county recorder of deeds and the affected planning commission; and
     (B) may not charge a fee in connection with a petition to remove land from an agriculture protection area or an industrial protection area.
     (ii) The remaining land in the agriculture protection area or industrial protection area is still an agriculture protection area or industrial protection area, respectively.
     (3) (a) If a municipality annexes any land that is part of an agriculture protection area or industrial 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 agriculture protection area or industrial protection area according to the procedures and requirements of Section 17-41-307.
     (b) The county legislative body shall remove the annexed land from the agriculture protection area or industrial protection area, as the case may be, if:
     (i) the county legislative body concludes, after the review under Section 17-41-307, that removal is appropriate; and
     (ii) the owners of all the annexed land that is within the agriculture protection area or industrial protection area consent in writing to the removal.
     (c) Removal of land from an agriculture protection area or industrial protection area

under this Subsection (3) does not affect whether that land may be:
     (i) included in a proposal under Section 17-41-301 to create an agriculture protection area or industrial protection area within the municipality; or
     (ii) added to an existing agriculture protection area or industrial 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.

Amended by Chapter 376, 2009 General Session

17-41-307.   Review of agriculture protection areas and industrial protection areas.
     (1) In the 20th calendar year after its creation under this part, each agriculture protection area or industrial protection area, as the case may be, shall be reviewed, under the provisions of this section, by:
     (a) the county legislative body, if the agriculture protection area or industrial protection area is within the unincorporated part of the county; or
     (b) the municipal legislative body, if the agriculture protection area or industrial protection area is within the municipality.
     (2) (a) In the 20th year, the applicable legislative body shall:
     (i) request the planning commission and advisory board to submit recommendations about whether the agriculture protection area or industrial protection area, as the case may be, should be continued, modified, or terminated;
     (ii) at least 120 days before the end of the calendar year, hold a public hearing to discuss whether the agriculture protection area or industrial protection area, as the case may be, should be continued, modified, or terminated;
     (iii) give notice of the hearing using the same procedures required by Section 17-41-302; and
     (iv) after the public hearing, continue, modify, or terminate the agriculture protection area or industrial protection area.
     (b) If the applicable legislative body modifies or terminates the agriculture protection area or industrial protection area, it shall file an executed document containing the legal description of the agriculture protection area or industrial protection area, respectively, with the county recorder of deeds.
     (3) If the applicable legislative body fails affirmatively to continue, modify, or terminate the agriculture protection area or industrial protection area, as the case may be, in the 20th calendar year, the agriculture protection area or industrial protection area is considered to be reauthorized for another 20 years.

Amended by Chapter 194, 2006 General Session

17-41-401.   Farmland Assessment Act benefits not affected.
     (1) Creation of an agriculture protection area shall not impair the ability of land within the area to obtain the benefits of Title 59, Chapter 2, Part 5, Farmland Assessment Act.
     (2) The eligibility of land for the benefits of Title 59, Chapter 2, Part 5, Farmland Assessment Act, shall be determined exclusively by the provisions of that act, notwithstanding the land's location within an agriculture protection area.

Amended by Chapter 383, 1997 General Session

17-41-402.   Limitations on local regulations.
     (1) A political subdivision within which an agriculture protection area or industrial protection area is created or with a mining protection area within its boundary shall encourage the continuity, development, and viability of agriculture, industrial, or mining use, respectively, within the area by not enacting a local law, ordinance, or regulation that would unreasonably restrict a farm structure or farm practice or, in the case of an industrial protection area, an industrial use of the land within the area or, in the case of a mining protection area, a mining use within the protection area unless the law, ordinance, or regulation bears a direct relationship to public health or safety.
     (2) A political subdivision may not change the zoning designation of or a zoning regulation affecting land within an agriculture protection area unless the political subdivision receives written approval for the change from all the landowners within the agriculture protection area affected by the change.
     (3) Except as provided by Section 19-4-113, a political subdivision may not change the zoning designation of or a zoning regulation affecting land within an industrial protection area unless the political subdivision receives written approval for the change from all the landowners within the industrial protection area affected by the change.
     (4) A political subdivision may not change the zoning designation of or a zoning regulation affecting land within a mining protection area unless the political subdivision receives written approval for the change from each mine operator within the area.

Amended by Chapter 376, 2009 General Session

17-41-402.5.   Limits on political subdivisions with respect to a vested mining use -- Exception.
     (1) A political subdivision may not:
     (a) terminate a vested mining use, whether by amortization, the exercise of police power, or otherwise;
     (b) prohibit, restrict, or otherwise limit a mine operator with a vested mining use from exercising the rights permitted under this chapter;
     (c) require, for a vested mining use:
     (i) a variance;
     (ii) a conditional use permit;
     (iii) a special exception;
     (iv) the establishment or determination of a nonconforming use right; or
     (v) any other type of zoning or land use permit; or
     (d) prohibit, restrict, limit, or otherwise regulate a vested mining use under a variance, conditional use permit, special exception, or other zoning or land use permit issued before May 12, 2009.
     (2) Subsection (1) does not prohibit a political subdivision from requiring a vested mining use to comply with the generally applicable, reasonable health and safety regulations and building code adopted by the political subdivision including a drinking water protection zone as defined and limited to Subsection 19-4-113(4)(a) and (b).

Enacted by Chapter 376, 2009 General Session

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:
     (a) for an agriculture protection area, 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; or
     (b) for an industrial protection area, any industrial use of the land within the industrial protection area that is consistent with sound practices applicable to the industrial use, unless that use bears a direct relationship to public health or safety.
     (2) In a civil action for nuisance 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) conducted within an agriculture protection area; and
     (b) not in violation of any federal, state, or local law or regulation relating to the alleged nuisance or were conducted according to sound agricultural practices.
     (3) (a) A vested mining use undertaken in conformity with applicable federal and state law and regulations is presumed to be operating within sound mining practices.
     (b) A vested mining use that is consistent with sound mining practices:
     (i) is presumed to be reasonable; and
     (ii) may not constitute a private or public nuisance under Section 76-10-803.
     (c) A vested mining use in operation for more than three years may not be considered to have become a private or public nuisance because of a subsequent change in the condition of land within the vicinity of the vested mining use.
     (4) (a) 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."
     (b) For any new subdivision development located in whole or in part within 1,000 feet of the boundary of an industrial protection area, the owner of the development shall provide notice on any plat filed with the county recorder the following notice:
    

"Industrial Protection Area


    This property is located in the vicinity of an established industrial protection area in which normal industrial uses and activities have been afforded the highest priority use status. It can be anticipated that such industrial uses and activities may now or in the future be conducted on property included in the industrial 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 industrial uses and activities."
     (c) For any new subdivision development located in whole or in part within 1,000 feet of the boundary of a mining protection area, the owner of the development shall provide notice on

any plat filed with the county recorder the following notice:
     "This property is located within the vicinity of an established mining protection area in which normal mining uses and activities have been afforded the highest priority use status. It can be anticipated that the mining uses and activities may now or in the future be conducted on property included in the mining protection area. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from the normal mining uses and activities."

Amended by Chapter 376, 2009 General Session

17-41-404.   Policy of state agencies.
     Each state agency shall encourage the continuity, development, and viability of agriculture within agriculture protection areas and industrial uses with industrial protection areas by:
     (1) not enacting rules that would impose unreasonable restrictions on farm structures or farm practices within the agriculture protection area or on industrial uses and practices within the industrial protection area unless those laws, ordinances, or regulations bear a direct relationship to public health or safety or are required by federal law; and
     (2) modifying existing rules that would impose unreasonable restrictions on farm structures or farm practices within the agriculture protection area or on industrial uses and activities within the industrial protection area unless those laws, ordinances, or regulations bear a direct relationship to public health or safety or are required by federal law.

Amended by Chapter 194, 2006 General Session

17-41-405.   Eminent domain restrictions.
     (1) A political subdivision having or exercising eminent domain powers may not condemn for any purpose any land within an agriculture protection area that is being used for agricultural production or any land within an industrial protection area that is being put to an industrial use unless it has obtained approval, according to the procedures and requirements of this section, from the applicable legislative body and the advisory board.
     (2) Any condemnor wishing to condemn property within an agriculture protection area or industrial protection area shall file a notice of condemnation with the applicable legislative body and the agriculture protection area or industrial protection area's advisory board at least 30 days before filing an eminent domain complaint.
     (3) The applicable legislative body and the advisory board shall:
     (a) hold a joint public hearing on the proposed condemnation at a location within the county in which the agriculture protection area or industrial protection area is located;
     (b) publish notice of the time, date, place, and purpose of the public hearing:
     (i) in a newspaper of general circulation within the agriculture protection area or industrial protection area, as the case may be; and
     (ii) as required in Section 45-1-101; and
     (c) post notice of the time, date, place, and purpose of the public hearing in five conspicuous public places, designated by the applicable legislative body, within or near the agriculture protection area or industrial protection area, as the case may be.
     (4) (a) If the condemnation is for highway purposes or for the disposal of solid or liquid waste materials, the applicable legislative body and the advisory board may approve the condemnation only if there is no reasonable and prudent alternative to the use of the land within the agriculture protection area or industrial protection area for the project.
     (b) If the condemnation is for any other purpose, the applicable legislative body and the advisory board may approve the condemnation only if:
     (i) the proposed condemnation would not have an unreasonably adverse effect upon the preservation and enhancement of agriculture within the agriculture protection area or of the industrial use within the industrial protection area; or
     (ii) there is no reasonable and prudent alternative to the use of the land within the agriculture protection area or industrial protection area for the project.
     (5) (a) Within 60 days after receipt of the notice of condemnation, the applicable legislative body and the advisory board shall approve or reject the proposed condemnation.
     (b) If the applicable legislative body and the advisory board fail to act within the 60 days or such further time as the applicable legislative body establishes, the condemnation shall be considered rejected.
     (6) The applicable legislative body or the advisory board may request the county or municipal attorney to bring an action to enjoin any condemnor from violating any provisions of this section.

Amended by Chapter 388, 2009 General Session

17-41-406.   Restrictions on state development projects.
     (1) Each state agency that plans any development project that might affect land within an agriculture protection area or industrial protection area shall submit its development plan to:
     (a) the advisory board of the agriculture protection area or industrial protection area, respectively; and
     (b) in the case of an agriculture protection area, the commissioner of agriculture and food.
     (2) The commissioner of agriculture and food, in the case of an agriculture protection area, and the advisory board shall:
     (a) review the state agency's proposed development plan; and
     (b) recommend any modifications to the development project that would protect the integrity of the agriculture protection area or industrial protection area, as the case may be, or that would protect the agriculture protection area from nonfarm encroachment or the industrial protection area from nonindustrial encroachment.
     (3) Each state agency and political subdivision of the state that designates or proposes to designate a transportation corridor shall:
     (a) consider:
     (i) whether the transportation corridor would:
     (A) be located on land that is included within an agriculture protection area; or
     (B) interfere with agriculture production activities on land within an agriculture protection area; and
     (ii) each other reasonably comparable alternative to the placement of the corridor on land within an agriculture protection area; and
     (b) make reasonable efforts to minimize or eliminate any detrimental impact on agriculture that may result from the designation of a transportation corridor.

Amended by Chapter 168, 2008 General Session