For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them below:

"Advisory board" means the agriculture protection area advisory board created by this chapter.

"Agriculture production" means production for commercial purposes of crops, livestock, and livestock products. "Agriculture production" includes the processing or retail marketing of any crops, livestock, and livestock products when more than fifty (50) percent of the processed or merchandised products are produced by the farm operator.

"Agriculture protection area" means a geographic area within the unincorporated part of Uintah County created under the authority of Chapter 41, Title 17, Utah Code Annotated, 1953 as amended, and of this chapter, that is granted the specific legal protection contained in Chapter 41, Title 17, Utah Code Annotated, 1953 as amended.

"Applicable legislative body" means:

1.

The board of Uintah County commissioners if the land included in or proposed to be included in an agriculture protection area is within the unincorporated part of Uintah County; or

2.

The legislative body of the city or town if the land included in or proposed to be included in an agriculture protection area is within the boundaries of a city or town.

"Crops, livestock, and livestock products" includes:

1.

Land devoted to the raising of useful plants and animals with a reasonable expectation of profit, including:

a.

Forages and sod crops;

b.

Grains and feed crops;

c.

Livestock as defined in § 59-2-102(19)(d), Utah Code Annotated, 1953, as amended;

d.

Trees and fruits; or

e.

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.

"Industrial protection area" means a geographic area within the unincorporated part of Uintah County created under the authority of Chapter 41, Title 17, Utah Code Annotated, 1953 as amended, and of this chapter, that is granted the specific legal protection contained in Chapter 41, Title 17, Utah Code Annotated, 1953 as amended.

"Planning commission" means the Uintah County planning commission, a township planning commission, or a planning commission of a city or town.

"Political subdivision" means a county, city, town, school district, or special district.

"Proposal sponsors" means the owners of land in agricultural production who are sponsoring the proposal for creating an agriculture protection area.

"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.

"Unincorporated" means not within a city or town.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

Designation. There is created an agriculture protection area advisory board consisting of five members appointed by the BOCC from the Uintah County Conservation District Board of Supervisors.

B.

Designation. There is created an industrial protection area advisory board consisting of five members appointed by the BOCC from the Uintah County Conservation District Board of Supervisors.

C.

The members shall serve without salary, but may be reimbursed for mileage or other actual expenses incurred.

D.

Duties. Each advisory board shall:

1.

Evaluate proposals for the establishment of agriculture or industrial protection areas and make recommendations to the applicable legislative body about whether or not the proposal should be accepted;

2.

Provide expert advice to the PC and to the applicable legislative body about:

a.

The desirability of the proposal;

b.

The nature of agricultural production or industrial use, as the case may be, within the proposed area;

c.

The relation of agricultural production or industrial use, as the case may be, in the area to Uintah County as a whole;

d.

Which agriculture production or industrial use should be allowed within the agriculture protection area or industrial protection area, respectively; and

e.

The minimum number of continuous acres that must be included in an agriculture or industrial protection area; and

3.

Perform all other duties as required by this chapter.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

A proposal to create an agriculture or industrial protection area or an amendment to an existing agriculture or industrial protection area within the unincorporated part of the county may be filed with the BOCC by completing the standard forms adopted by the county and by filing said forms in the community development department.

B.

To be accepted for processing, a proposal under subsection A. of this section 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 within the proposed agriculture protection area or used for industrial purposes within the proposed industrial protection area. For the purpose of this section, the owners of real property shall be determined by the records of the county recorder.

C.

The community development department, or other person designated by the BOCC to receive and process proposals, shall accept and process such forms only if they are properly completed and accompanied by the filing fee in accordance with the Uintah County Fee Schedule.

D.

The proposal shall contain the following information:

1.

The boundaries of the land proposed to become part of an agriculture or industrial protection area;

2.

Any limits on the types of agriculture production or industrial purpose to be allowed within the agriculture or industrial protection area; and

3.

For each parcel of land:

a.

The names of the owners of record of the land proposed to be included within the agriculture or industrial protection area,

b.

The tax parcel number or account number identifying each parcel, and

c.

The number of acres of each parcel.

E.

An agriculture or industrial protection area may include within its boundaries land used for a roadway, dwelling site, park, or other nonagricultural or nonindustrial use, if that land constitutes a minority of the total acreage within the agriculture or industrial protection area.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

In accordance with § 17-41-301, Utah Code Annotated, 1953, as amended, the minimum number of continuous acres that must be included in an agriculture or industrial protection area within the unincorporated part of the county is established as twenty (20) acres. A variance to the minimum acreage requirement may be given for land which is used in intensive livestock operations, or in fruit production, or intensive industrial use. A variance may also be given if the acreage is contiguous to an existing agriculture or industrial protection area or contiguous to an existing or proposed agriculture or industrial protection area that is not within the unincorporated part of the county. A variance shall only be approved by the BOCC, upon recommendation from the advisory board and the PC. 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. 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.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

The county shall provide notice of the proposal for an agriculture or industrial protection area within the unincorporated part of the county in accordance with the state requirements.

B.

The notice shall contain:

1.

A statement that a proposal for the creation of an agriculture or industrial protection area has been filed with the BOCC;

2.

A statement that the proposal will be open to public inspection in the community development department of the county;

3.

A statement that any person or entity affected by establishment of the area may, within fifteen (15) days of the date of the notice, file with the BOCC written objections to the proposal or a written request to modify the proposal to exclude land from or add land to the proposed agriculture or industrial protection area as the case may be;

4.

A statement that the BOCC will submit the proposal to the advisory board and to the PC for review and recommendations; and

5.

A statement that the BOCC will hold a public hearing to discuss and hear public comment on:

a.

The proposal to create the agriculture or industrial protection area;

b.

The recommendations of the advisory board and PC; and

c.

Any requests for modification of the proposal and any objections to the proposal.

6.

A statement indicating the date, time, and place of the public hearing.

C.

Any person wishing to modify the proposal for the creation of the agriculture or industrial protection area shall, within fifteen (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.

D.

Any person wishing to object to the proposal for the creation of the agriculture or industrial protection area shall, within fifteen (15) days after the date of the notice, file a written objection to the creation of the agriculture or industrial protection area.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017; Ord. No. 01-22-2025, O3, § 7, 1-28-2025)

A.

After fifteen (15) days from the date of the notice, the BOCC shall refer the proposal and any objections and proposed modifications to the proposal to the advisory board and PC for their review, comments, and recommendations.

B.

Within forty-five (45) days after receipt of the proposal, the advisory board shall submit a written report to the BOCC that:

1.

Recommends any modifications to the land to be included in the proposed agriculture or industrial protection area;

2.

Analyzes and evaluates the proposal by applying the criteria contained in Subsection 17.25.080;

3.

Analyzes and evaluates any objections to the proposal; and

4.

Includes a recommendation to the BOCC to accept, accept and modify, or reject the proposal.

C.

Within forty-five (45) days after receipt of the proposal, the PC shall submit a written report to the BOCC that:

1.

Analyzes and evaluates the effect of the creation of the proposed area on the county's planning policies and objectives;

2.

Analyzes and evaluates the proposal by applying the criteria contained in Subsection 17.25.080;

3.

Recommends any modifications to the land to be included in the proposed agriculture or industrial protection area;

4.

Analyzes and evaluates any objections to the proposal; and

5.

Includes a recommendation to the BOCC to accept, accept and modify, or reject the proposal.

D.

The BOCC shall consider a failure of the PC or advisory board to submit a written report within the forty-five (45) days under subsections B. and C. of this section as a recommendation of that committee to approve the proposal as submitted.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

After receipt of the written reports from the advisory board and PC, or after the forty-five (45) days has expired, whichever is earlier, the BOCC shall:

1.

Schedule a public hearing;

2.

Provide notice of the public hearing in accordance with the state requirements.

B.

The BOCC shall:

1.

Convene the public hearing at the time, date, and place specified in the notice; and

2.

Take verbal or written testimony from interested persons.

C.

Within one hundred twenty (120) days of the submission of the proposal, the BOCC shall approve, modify and approve, or reject the proposal.

D.

The creation of an agriculture or industrial protection area is effective at the earlier of:

1.

The BOCC's approval of a proposal or modified proposal; or

2.

One hundred twenty (120) days after submission of a proposal complying with Subsection 17.25.030C. of this chapter, if the BOCC has failed to approve or reject the proposal within that time.

E.

In order to give constructive notice of the existence of the agriculture 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 or industrial protection area, within ten days of the creation of an agriculture or industrial protection area, the BOCC shall file an executed document containing a legal description of the agriculture or industrial protection area with:

1.

The county recorder; and

2.

The PC.

F.

Within ten days of the recording of the agriculture protection area, the BOCC shall:

1.

Send written notification to the commissioner of agriculture and food that the agriculture protection area has been created, and include in said notification the following:

a.

The number of landowners owning land within the agriculture protection area;

b.

The total acreage of the area;

c.

The date of approval of the area; and

d.

The date of recording.

G.

Failure by the BOCC to record the notice required under Subsection E. of this section does not invalidate the creation of an agriculture protection area.

H.

The BOCC may consider the cost of recording notice under subsection E. of this section and the cost of sending notification under subsection F. of this section in establishing a fee under Section 17.25.030 of this chapter.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017; Ord. No. 01-22-2025, O3, § 7, 1-28-2025)

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

A.

Whether or not the land is currently being used for agriculture production or an industrial use, as the case may be;

B.

Whether or not the land is zoned for agriculture use or industrial use, as the case may be;

C.

Whether or not the land is viable for agricultural production or industrial use, as the case may be;

D.

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; and

E.

In the case of an agricultural protection area, anticipated trends in agricultural and technological conditions. Or, in the case of an industrial protection area, anticipated trends in technological conditions applicable to the industrial use of the land in question.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

Any owner may add land to an existing agriculture protection area within the unincorporated part of the county by:

1.

Filing a proposal with the BOCC; and

2.

Obtaining the approval of the BOCC for the addition of the land to the area.

B.

The BOCC 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.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

Any owner may remove land from an agriculture protection area or industrial protection area within the unincorporated part of the county by filing a petition for removal of the land from the agriculture protection area or industrial protection area, respectively, with the BOCC.

B.

The BOCC shall:

1.

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 BOCC as the minimum under Section 17.25.040 of this chapter; 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 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 and the PC.

C.

The remaining land in the agriculture protection area or industrial protection area is still an agriculture protection area or industrial protection area, respectively.

D.

When a municipality annexes any land that is part of an agriculture protection area or industrial protection area the BOCC shall, within thirty (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 17.25.11 of this chapter.

1.

If appropriate, the BOCC shall remove the annexed land from the agriculture protection area or industrial protection area.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

A.

The BOCC shall review any agriculture protection area or industrial protection area created under the authority of this chapter in the twentieth calendar year after it is created.

B.

In the twentieth (20th) year, the BOCC shall:

1.

Request the PC 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;

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 or industrial protection area, as the case may be, should be continued, modified, or terminated;

3.

Give notice of the hearing using the same procedure required by Section 17.25.050 of this chapter; and

4.

After the public hearing, continue, modify, or terminate the agriculture protection area.

C.

If the BOCC 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.

D.

If the BOCC fails to affirmatively continue, modify, or terminate the agriculture protection area or industrial protection area, as the case may be, in the twentieth calendar year, the agriculture protection area is considered to be reauthorized for another twenty (20) years.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)