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

1. "Advisory Board" means the Wasatch County Agriculture Protection Area Advisory Board or the Industrial Protection Advisory Board.
2. "Agriculture production" means production for commercial purposes of crops, livestock, and livestock products.
   1. "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 within the unincorporated part of Wasatch County created under the authority of Utah Code Chapter 41, Title 17, and of this Chapter, that is granted the specific legal protection contained in Utah Code Chapter 41, Title 17.
4. "Applicable legislative body" means:
   1. the Wasatch County legislative body if the land included in or proposed to be included in an agriculture protection area is within the unincorporated part of Wasatch 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.
5. "Contiguous" means touching along a common side or so close in proximity as to be separated only by the width of a road, canal, railroad track, easement, or similar right-of-way.
6. "Crops, livestock, and livestock products" includes:
   1. Land devoted to the raising of useful plants and animals with a reasonable expectation of profit, including:
   2. Forages and sod crops;
   3. Grains and feed crops;
   4. Livestock as defined in Utah Code 59-2-102(19)(d);
   5. Trees and fruits; or
   6. Vegetables, nursery, floral and ornamental stock; or
   7. 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. "Industrial" as it relates to this chapter only shall mean the uses allowed in the Industrial zone or the PF (Public Facilities) zone.
8. "Planning Commission" means the Wasatch County Planning Commission, a Township Planning Commission, or a planning commission of a city or town.
9. "Political subdivision" means a county, city, town, school district, local district, or special service district.
10. "Proposal sponsors" means the owners of land in agricultural production who are sponsoring the proposal for creating an agriculture protection area.
11. "Regulation" means a law, ordinance, or regulation.
12. "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.
13. "Unincorporated" means not within a city or town.
14. "Zoning Designation" means local laws, ordinances or regulations that govern how real property can and cannot be used in a certain zoning designation.
15. "Zoning Designation" means the designation of zoning for land, as indicated on the zoning map.
    

1. A proposal to create an agriculture protection area or an industrial protection area or an amendment to an existing agriculture protection area or an industrial protection area within the unincorporated part of the County may be filed by completing the standard forms created by the County Planning Department and by filing said forms in the office of the County Planning Department. The written petition shall:
   1. Contain a legal description, including acreage, of the land proposed to be considered as an agriculture protection area or an industrial protection area;
   2. The names of the owners of record of the land proposed to be included within the agriculture protection area or the industrial protection area;
   3. for each parcel of land, or any portion thereof:
      1. the tax parcel number or account number identifying each parcel; and
      2. the number of acres of each parcel.
   4. Addressed, stamped envelopes for each owner of land within 1,000 feet of the land proposed to be included in an agriculture protection area or industrial protection area;
   5. Contain a notarized declaration signed by the property owner(s);
   6. Contain a description of the agricultural or industrial pursuits on the property;
   7. Contain any proposed limits on the types of agriculture production or industrial production/uses to be allowed within the agriculture protection area or industrial protection area;
   8. Contain a site plan showing structures, uses and acreages of agricultural or industrial production on the property;
   9. Contain any other information reasonably requested by the Wasatch County DRC.
2. To be accepted for processing by the County Planning Department, a proposal under Subsection (A) shall be signed by a majority 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 industrial production area. For the purpose of this Subsection (B), the owners of real property shall be determined by the records of the County Recorder.
3. The Wasatch County Planning Department shall accept and process such forms only if they are properly completed and accompanied by the filing fee. The filing fee is set forth in the adopted Wasatch County Government Fee Schedule.
4. An agriculture protection area or industrial protection area may include within its boundaries land used for a roadway, dwelling site, park, or other nonagricultural use, if that land constitutes a minority of the total acreage within the agriculture protection area or industrial protection area.
5. Any property or parcel proposed to be included in an Agriculture Protection Area must be in the A-20 zone.
6. Any property or parcel proposed to be included in an industrial protection area must be either in a PF (Public Facilities) or Industrial Zone.
   
7. The following land is not eligible to be included in an agriculture protection area or industrial protection areas based on their condition as of November l, 2022.
   1. Land in an area described as north of SR-113 and west of Heber City's boundary and bordered on the north and west sides by the existing transmission line, but not excluding the rectangular area 270 feet to the south and 520 feet to the east of the transmission line adjacent to the northwest corner of the previously described area,
   2. Land that is within 100 feet of the centerline of SR-113, 2400 South, 1200 South, Southfield Road, Midway Lane, US 40, River Road, SR-32, 189, Main Canyon Road, the portion of the Bypass Alignment as shown on the Wasatch County General Plan Map 32 which is south of SR-113, or Road 10 (Wallsburg second access) as shown on the Wasatch County General Plan Map 21.
8. Parcels that include property that is not eligible under this subsection may still be eligible for inclusion in an agriculture protection area or industrial protection area, though the agriculture protection area or industrial protection area will not include those parts that are not eligible.

In accordance with Utah Code 17-41-301 the minimum number of contiguous acres that must be included in an agriculture protection area within the unincorporated part of the County is hereby established as five (5) acres. 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.

The minimum number of contiguous acres that must be included in an Industrial protection area within the unincorporated part of the County is hereby established as ten (10) acres.

1. The Wasatch County Planning Department shall provide notice of the proposal for an agriculture protection area or industrial protection area within the unincorporated part of the County by:
   1. Posting notice on the Utah Public Notice Website created in Utah Code 63A-16-601;
   2. 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 critical infrastructure materials protection area; and
   3. Posting notice at two public places within or near the proposed agriculture protection area or industrial protection area, reasonably likely to be seen by people in the area. The County legislative body hereby authorizes the Wasatch County Planning Department to designate the location of these two public places within or near the proposed agriculture protection area or industrial protection area. The Planning Department shall periodically verify that the posted notices remain in place for 15 days; and replace the notice(s) within a reasonable time after discovering that the notice(s) have been removed or damaged.
2. The notice shall contain:
   1. a statement that a proposal for the creation of an agriculture protection area or industrial protection area has been filed with the County;
   2. a statement that the proposal will be open to public inspection in the office of the County Planning Department;
   3. a statement that any person or entity affected by establishment of the area may, within 15 days of the date on the notice, file with the County Planning Department written objections to the proposal or a written request to modify the proposal to exclude land from or add land to the proposed agriculture protection area or industrial protection area;
   4. a statement that the County will submit the proposal to the Planning Commission and Advisory Board for review and recommendations and the proposed dates; and
   5. a statement that the County legislative body will hold a public hearing on a
   6. specified date to discuss and hear public comment on:
      1. the proposal to create the agriculture protection area or industrial protection area;
      2. the recommendations of the Advisory Board and Planning Commission; and
      3. any requests for modification of the proposal and any objections to the proposal.
3. 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 agriculture protection area industrial protection area.
4. A 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 with the Wasatch County Planning Department.

1. After 15 days from the date of the notice, the Wasatch County Planning Department shall refer the proposal and any objections and proposed modifications to the proposal to the Planning Commission and Advisory Board for their review, comments, and recommendations.
2. Within 45 days after receipt of the proposal, the Planning Commission shall submit a report of action to the County legislative body 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 Section 16.29.08;
   3. recommends any modifications to the land to be included in the proposed agricultural protection area;
   4. analyzes and evaluates any objections to the proposal; and
   5. includes a recommendation to the County legislative body either to accept, accept and modify, or reject the proposal.
3. Within 45 days after receipt of the proposal, the Advisory Board shall submit a report of action to the County legislative body that:
   1. analyzes and evaluates the effect of the creation of the proposed area on the county's planning policies and objectives;
   2. recommends any modifications to the land to be included in the proposed agriculture protection area;
   3. analyzes and evaluates the proposal by applying the criteria contained in Section 16.29.08;
   4. analyzes and evaluates any objections to the proposal; and
   5. includes a recommendation to the County legislative body either to accept, accept and modify, or reject the proposal.
4. The County legislative body shall consider a failure of the Planning Commission or Advisory Board to submit a written report within the 45 days under Subsections (B) and (C) as a recommendation of that body to approve the proposal as submitted.

1. After receipt of the written reports from the Advisory Board and Planning Commission, or after the 45 days has expired, whichever is earlier, the County clerk, in coordination with the Wasatch County planning department, shall:
   1. schedule a public hearing;
   2. provide notice of the public hearing by:
      1. posting notice on the Utah Public Notice Website created in Utah Code 63A-16-601; and
      2. posting mailing written notice to each owner of land within 1,000 feet of the land proposed for inclusion within an agriculture protection area, industrial protection area, or critical infrastructure materials protection area; and
      3. posting notice at two public places reasonably likely to be seen by people in the area within or near the proposed agriculture protection area or industrial protection area, and shall periodically verify that the posted notices remain in place for seven days: and replace the notice(s) within a reasonable time after discovering that the notice(s) have been removed or damaged; and
   3. ensure that the notice includes:
      1. the time, date, and place of the public hearing on the proposal;
      2. a description of the proposed agriculture protection area or industrial protection area;
      3. any proposed modifications to the proposed agriculture protection area or industrial protection area;
      4. a summary of the recommendations of the Advisory Board and Planning Commission; and 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 Board and Planning Commission.
   4. Nothing herein shall preclude the ability of the planning department to include all public hearings being placed on the same notice for convenience in advertising.
2. The County legislative body 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.
3. Within 120 days of the submission of the proposal, the County legislative body shall approve, modify and approve, or reject the proposal. Failure to approve the proposal within 120 days shall be deemed a denial by the county legislative body, unless the county legislative body continues the proposal to a date certain.
4. The creation of an agriculture protection area or industrial protection area is effective at the date of the County legislative body's approval of a proposal or modified proposal.
5. 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, within ten days of the creation of an agriculture protection area or the industrial protection area, the County Planning Department shall file an executed document containing a legal description of the agriculture protection area or industrial protection area with:
   1. the County Recorder; and
   2. the Planning Commission.
6. Within ten days of the recording of the agriculture protection area, the County legislative body 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:
      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.
7. Failure by the County to record the notice required under Subsection (E) does not invalidate the creation of an agriculture protection area.
8. Land in an agriculture protection area and industrial protection area shall be designated on the county zoning map.
9. The County legislative body may consider the cost of recording notice under Subsection (E) and the cost of sending notification under Subsection (F) in establishing a fee.

1. 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 Board, Planning Commission, and County legislative body shall apply the following criteria:
   1. whether or not the land is currently being used for agriculture production or industrial uses, as the case may be;
   2. whether or not the land is zoned for agriculture uses, industrial uses or in the PF zone, as the case may be;
   3. what the General Plan land use recommendation is for the land;
   4. compatibility of uses of neighboring properties for agricultural production or industrial improvements, as the case may be;
   5. whether or not the land is viable for agricultural production or industrial uses, as the case may be;
   6. the extent and nature of existing or proposed farm improvements or industrial improvements, as the case may be;
   7. anticipated trends in agricultural, industrial, or technological conditions, as the case may be; and
   8. Any other criteria to be considered under this Chapter, or related to the criteria of this Chapter.

1. Any owner may add land to an existing agriculture protection area or existing industrial protection area within the unincorporated part of the County by:
   1. filing a proposal with the County planning department; and
   2. obtaining the approval of the County legislative body for the addition of the land to the area.
2. The County legislative body and other applicable persons shall comply with the provisions for creating an agriculture protection area or industrial protection area in determining whether or not to accept the proposal.

1. 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 with the County planning department. The written petition shall be on a form provided by the Wasatch County Planning Department, which shall:
   1. Contain a legal description of the land proposed to be removed from the agriculture protection area or industrial protection area;
   2. Contain a notarized declaration signed by the property owner(s);
   3. Contain any other information reasonably requested by the planning Department.
2. The County legislative body hereby designates the Wasatch County Planning Department as the department who processes applications to remove land from an existing Agriculture Protection Area or industrial protection area. The Planning Department shall:
   1. grant the petition for removal of land from an agriculture protection area or industrial protection area even if removal of the land would result in an agriculture protection area industrial protection area of less than the minimum number of acres for the establishment of an Agricultural Protection Area or industrial protection area; 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 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 Planning Commission.
3. The remaining land in the agriculture protection area or industrial protection area is still an agriculture protection area or industrial protection area.
4. When a municipality annexes any land that is part of an agriculture protection area or industrial protection area, 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 16.29.11. The planning department, in coordination with the county clerk, shall facilitate the County legislative body conducting their review by noticing any required public meetings, and preparing necessary staff reports to evaluate the feasibility.
   1. If appropriate, the County Planning Department shall remove the annexed land from the agriculture protection area or industrial protection area.
   2. Appeals of actions of the Planning Department applying this subsection shall be made to the Appeals Hearing Officer.

1. For the purposes of this Section, the term "calendar year" means the period from January I to December 31 inclusive.
2. The County legislative body shall perform an initial review of any agriculture protection area or industrial protection area created under the authority of this Chapter in the 20th calendar year after it is created to determine whether the agriculture protection area or industrial protection area should be continued, modified, or terminated.
3. If the County Planning Department receives five (5) written complaints from different aggrieved persons within three (3) calendar years immediately preceding the 20th calendar year after an agriculture protection area or industrial protection area or any portion thereof is created or reauthorized, or alternatively the County legislative body determines that after the initial review that the agriculture protection area or industrial protection area should be modified or terminated, or within 30 days of land in an agriculture protection area or industrial protection area being annexed, then the County Planning Department shall, for that agriculture protection area industrial protection area:
   1. request the Planning Commission and Advisory Board to submit recommendations about whether the agriculture protection area or industrial protection area should be continued, modified, or terminated;
   2. schedule the County legislative body to, at least 120 days before the end of the 20th calendar year, or within 120 days of the applicable annexation, hold a public hearing to discuss whether the agriculture protection area or industrial protection area should be continued, modified, or terminated;
   3. give notice of the hearing using the same procedure required by Section 16.29.04; and
   4. after the public hearing, the County legislative body shall continue, modify, or terminate the agriculture protection area or industrial protection area.
   5. If the County legislative body modifies or terminates the agriculture protection area or industrial protection area, the Wasatch County Planning Department shall file an executed document containing the legal description of the agriculture protection area with the County Recorder.
4. If the County legislative body determines after that initial review that the agricultural protection area or industrial protection area should be continued or otherwise fails to affirmatively continue, modify, or terminate the agriculture protection area or industrial protection area in the 20th calendar year, within 120 days of an applicable annexation, then the agriculture protection area or industrial protection area is considered to be reauthorized for another 20 years. The time required for action is continued provided the county legislative body continues the matter to a date certain, and the legislative body takes action on the matter in the subsequent meeting.

1. Land in an agriculture protection area and industrial protection area shall be protected as provided in Utah Code 17-41 Part 4 (2022).
2. Local regulations of general applicability, enacted after land is added to an agricultural protection area or industrial protection area, shall apply to land in an agriculture protection area or industrial protection area, and shall be presumed to bear a direct relationship to public health or safety, and to not unreasonably restrict farm structures or farm practices or industrial uses. If a property owner seeks to be exempt from local regulations of general applicability, the property owner shall bear the burden of proving beyond a reasonable doubt that the regulation does not bear a direct relationship to public health or safety, and that it unreasonably restricts farm structures or farm practices or industrial uses and practices, using the statement outlined in subsection (E) below.
3. Local regulations, including zoning regulations, that only effect the A-20 zone or land in agriculture protection areas or the Industrial and PF zones in industrial protection areas, which are enacted after land is added to an agricultural protection area or industrial protection area, are presumed to be applicable to land in agriculture protection areas and industrial protection areas. If a property owner seeks to be exempt from such local land use regulations, including zoning regulations, the property owner shall bear the burden of proving by a preponderance of the evidence that they are exempt from the regulation under Utah Code 17-41 Part 4 (2022), using the statement outlined in subsection (E) below.
4. Land within an agriculture protection area or industrial protection area that is changed from A-20, Industrial or PF to another zoning designation shall be presumed to remain subject to the zoning designation in effect when the land was added to an agriculture protection area or industrial protection area. The property owner shall follow the statement outlined in subsection (E) below to let the land use authority know of the exemption, and then the land use authority shall bear the burden of proving by the preponderance of the evidence that the land is subject to the new zoning designation at issue. If the A-20, Industrial or PF zone is dissolved or called by another name, the land shall be considered part of the zoning designation which is functionally the closest to the A-20, Industrial and PF zone, and the property owner may seek exemption from individual local regulations, including zoning regulations, using the procedure outlined in section 16.29.12.
5. If a property owner desires to have a local law, ordinance, or regulation, including a zoning regulation, or zoning designation, not apply to land in the agricultural protection area or industrial protection area because its applicability is limited by Utah Code 17-41 Part 4 (2022), the property owner shall submit a statement with any applicable land use application indicating:
   1. What regulation is not applicable to the land.
   2. When the regulation was enacted.
   3. What alternative regulation is applicable, if any.
   4. When the land was added to an agriculture protection area, and a statement that the land is still in an agriculture protection area.
   5. How the enactment or application of the land use regulation to the land is prohibited by Utah Code 17-41 Part 4 (2022).
   6. Any other information reasonably requested by the planning department or the legislative body.
6. The applicability of the local land use regulations, laws, ordinances, or regulations shall be determined by the land use authority as part of the approval or denial of the associated land use application. Any appeals shall be made using the processes for an appeal of the associated land use decision. Determinations shall be made on an individual land use application basis, and determinations shall not be applicable to other land use applications.
7. Any complaints of violations of the land use and development code for property in an agriculture protection area or industrial protection area may be required by the planning department to demonstrate that the alleged violation would not be afforded protection due to the property's status in an agriculture protection area or industrial protection area in order to be considered for an enforcement action. Nevertheless, the planning department retains sole discretion on whether or not to bring an enforcement action by the planning department.