1. To protect and preserve the existing agricultural areas within the city from the encroachment of development, and to allow the ongoing agricultural operations to proceed without unreasonable restriction unless there is a direct relationship to public health or safety.
2. An agriculture protection overlay zone is established which shall be an overlay zone of the zoning classification in this chapter.

For the purpose of this chapter, the following terms shall have the meanings set forth below and shall apply in addition to the terms defined in chapter 3 of this chapter:

ADVISORY BOARD: The agriculture protection area advisory board of Washington County.

AGRICULTURE PRODUCTION: Production for commercial purposes of crops, livestock, and livestock products, including processing or retail marketing of any crops, livestock and livestock products when more than fifty percent (50%) of the processed or merchandised products are produced by the farm operator.

AGRICULTURE PROTECTION AREAS OR OVERLAY ZONE: A geographic area created under the authority of this chapter that is granted the specific legal protections contained in this Chapter.

CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS:

1. Land devoted to the raising of useful plants and animals with a reasonable expectation of profit, including forages and sod crops; grains and feed crops; livestock; trees and fruits; or vegetables, nursery, floral and ornamental stock; or
2. 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.

POLITICAL SUBDIVISION: A city, school district or special district.

PROPOSED SPONSORS: The owners of land in agricultural production who are sponsoring the proposal for creating an agricultural protection area.

STATE AGENCY: 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.

1. Filing:
   Any owner of land in agricultural production may file a proposal for creation of an agricultural protection area with the planning commission.
2. Content:
   The proposal shall identify:
   1. The land in agricultural production that the proposal sponsors wish to become part of an agriculture protection area;
   2. Any limits on the types of agriculture production to be allowed within the agriculture protection area; and
   3. For each parcel of land:
      1. The owners of the land contained within the parcel;
      2. The tax parcel number or account number of each parcel; and
      3. The number or account number of acres as listed on the parcel tax records.
3. Documents Required: The proposal shall include:
   1. A plat from the county recorder's office showing each parcel of land with each outlined in color to identify proposed area.
   2. Application fee as outlined on the city fee schedule, available from the city recorder/clerk.
4. Minimum Acreage:
   A minimum area of five (5) contiguous acres shall be included in an agriculture protection area.

1. Required:
   After fifteen (15) days from the date of the notice, the planning commission shall refer the proposal and any proposed modifications and objections to the proposal to the advisory board for their review, comments and recommendations.
2. Report;
   Recommendation:
   1. Within forty five (45) days after receipt of the proposal, the planning commission shall submit a report to the city council that:
      1. Identifies the effect of the creation of the proposed area on the city's planning policies and objectives;
      2. Analyzes and evaluates the proposal by applying the criteria contained in section 152-21-6 of this chapter;
      3. Recommends any modifications to the proposal;
      4. Recommends any limits on the types of agriculture production to be allowed in the agriculture protection area;
      5. Analyzes and evaluates any objections to the proposal; and
      6. Includes a recommendation to the city council to either accept, accept and modify, or reject the proposal.
   2. Within forty five (45) days after receipt of the proposal, the advisory board shall submit a report to the city council that:
      1. Recommends any modifications to the proposal;
      2. Recommends any limits on the types of agriculture production to be allowed in the agriculture protection area;
      3. Analyzes and evaluates the proposal by applying the criteria contained in section 152-21-6 of this chapter;
      4. Analyzes and evaluates any objections to the proposal; and
      5. Includes a recommendation to the city council to either accept, accept and modify, or reject the proposal.
3. Failure To Submit Report:
   If the planning commission or the advisory board fail to submit a report within forty five (45) days, the city council shall consider their failure to report as an approval of the proposal.

1. Procedure:
   City council review and procedures are the same as for a zone change as set forth in section 152-7-7 of this chapter.
2. Filing Executed Documents:
   In order to give constructive notice of the existence of an agriculture protection area to all persons who have, may acquire or may seek to acquire an interest in land in or adjacent to an agriculture protection area, within ten (10) days of the creation of an agriculture protection area, the city council shall file an executed document containing a legal description of the agriculture protection area with the county recorder of deeds and the planning commission.
3. Written Notice:
   Within ten (10) days of the recording of an agriculture protection area, the city council shall send written notification to the commissioner of agriculture that the agriculture protection area has been created.
   
   The following shall be included in the notification:
   1. The number of landowners owning land within the agriculture protection area;
   2. The total acreage of the area;
   3. The date of approval of the area; and
   4. The date of recording.

In evaluating a proposal and in determining whether or not to create or recommend the creation of an agriculture protection area, the advisory board, planning commission and city council shall apply the following criteria:

1. Use Of Land:
   Whether or not the land is currently being used for agriculture production;
2. Zoning:
   Whether or not the land is zoned for agricultural use;
3. Viability:
   Whether or not the land is viable for agricultural production;
4. Improvements:
   The extent and nature of existing or proposed farm improvements; and
5. Trends Anticipated:
   Anticipated trends in agricultural and technological conditions.

1. Adding:
   1. Any owner may add land to an existing agriculture protection area by:
      1. Filing a proposal with the city council; and
      2. Obtaining approval of the city council for the addition of the land to the area.
   2. The city council shall comply with the provisions for creating an agriculture protection area in determining whether or not to accept the proposal.
2. Removal:
   1. Any owner may remove land from an agriculture protection area by filing a petition for removal of the land from the agriculture protection area with the city council;
   2. The city council shall:
      1. Grant the petition for removal of land from an agriculture protection area even if removal of the land would result in an agriculture protection area of less than the number of acres established by this chapter as the minimum; and
      2. 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 and the land removed from the agriculture protection area, file a legal description of the revised agriculture protection area with the county recorder of deeds and the planning commission.
      3. The remaining land in the agriculture protection area is still an agriculture protection area.

1. Required:
   The city council shall review any agriculture protection area created under the authority of this chapter in the twentieth calendar year after it is created.
2. Action:
   1. In the twentieth year, the city council shall:
      1. Request the planning commission and advisory board to submit recommendations about whether the agriculture protection area should be continued, modified or terminated;
      2. At least one hundred twenty (120) days before the end of the calendar year, hold a public hearing to discuss whether the agriculture protection area should be continued, modified or terminated;
      3. Give notice of the hearing using the same procedures required by subsection 152-21-5B of this chapter; and
      4. After the public hearing, continue, modify or terminate the agriculture protection area.
   2. If the city council modifies or terminates the agriculture protection area, it shall file an executed document containing the legal description of the agriculture protection area with the county recorder of deeds.
3. Failure To Act:
   If the city council fails to affirmatively continue, modify or terminate the agriculture protection area in the twentieth calendar year, the agriculture protection area is considered to be reauthorized for another twenty (20) years.

1. Property Taxes:
   Any land placed in an agriculture protection area shall be subject to the provisions of Utah Code Annotated, title 59, chapter 2, part 5, farmland assessment act.
2. Limitations On Local Regulations:
   1. It shall be the policy of the city to encourage the continuity, development and viability of agriculture within the area by not enacting local laws, ordinances or regulations that would unreasonably restrict farm structures or farm practices within the area unless those laws, ordinances or regulations bear a direct relationship to public health or safety.
   2. The city council may not change the zoning designation of land within an agriculture protection area unless it receives written approval for the change from all the landowners within the agriculture protection area.
3. Nuisances:
   1. To the extent deemed necessary or desirable, the city council 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 normal farming methods unless that activity or operation bears a direct relationship to public health or safety.
   2. In a civil action for nuisance involving agriculture activities, it is a complete defense if:
      1. The agriculture activities were conducted within an agriculture protection area; and
      2. The agriculture activities were not in violation of any federal, state or local law or regulation relating to the alleged nuisance, and were conducted according to sound agricultural practices.
   3. For each new subdivision development located in whole or in part within three hundred feet (300') 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 annoyance or inconvenience which may result from such normal agricultural uses and activities.
4. Eminent Domain Restrictions:
   1. Approval Required:
      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 agriculture production unless it has obtained approval of the city council and the advisory board according to the procedures and requirements of this section.
   2. Notice:
      Any condemner wishing to condemn property within an agriculture protection area shall file a notice of condemnation with the city council and the agriculture protection area's advisory board at least thirty (30) days before filing an eminent domain complaint.
   3. Actions Required Of Council And Board:
      The city council and the advisory board shall:
      1. Hold a joint public hearing on the proposed condemnation;
      2. Publish notice of the time, date, place and purpose of the public hearing in a newspaper of general circulation within the city; and
      3. Post notice of the time, date, place and purpose of the public hearing in three (3) conspicuous public places within the city.
   4. Approval Conditions:
      1. If the condemnation is for highway purposes or for the disposal of solid or liquid waste materials, the city council 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 for the project.
      2. If the condemnation is for any other purpose, the city council and the advisory board may approve the condemnation only if:
         1. The proposed condemnation would not have an unreasonably adverse effect upon the preservation and enhancement of agriculture within the agriculture protection area; or
         2. There is no reasonable and prudent alternative to the use of the land within the agriculture protection area for the project.
   5. Decision; Failure To Act:
      1. Within sixty (60) days of receipt of the notice of condemnation, the city council and the advisory board shall approve or reject the proposed condemnation.
      2. If the city council and the advisory board fail to act within the sixty (60) days, the condemnation shall be considered approved.
   6. Violations Prohibited; Action To Enjoin:
      The city council or the advisory board may request the city attorney to bring an action to enjoin any condemner from violating any provisions of this subsection.
5. Restrictions On State Development Projects:
   1. Each state agency that plans any development project that might affect land within an agriculture protection area shall submit its development plan to the Utah commissioner of agriculture and the agriculture protection area's advisory board for their review.
   2. The Utah commissioner of agriculture and the agriculture protection area's advisory board shall:
      1. Review the state agency's proposed development plan; and
      2. Recommend any modifications to the development project that would protect the integrity of the agriculture protection area or that would protect the agriculture protection area from nonfarm encroachment.