17-41-301 - Proposal for creation of agriculture protection area or industrial protection area.
17-41-301. Proposal for creation of agriculture protection area or industrialprotection area.
(1) (a) A proposal to create an agriculture protection area or an industrial protection areamay be filed with:
(i) the legislative body of the county in which the area is located, if the area is within theunincorporated part of a county; or
(ii) the legislative body of the city or town in which the area is located, if the area iswithin a city or town.
(b) (i) To be accepted for processing by the applicable legislative body, a proposal underSubsection (1)(a) shall be signed by a majority in number of all owners of real property and theowners of a majority of the land area in agricultural production or industrial use within theproposed agriculture protection area or industrial protection area, respectively.
(ii) For purposes of Subsection (1)(b)(i), the owners of real property shall be determinedby 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 areaor industrial protection area;
(b) any limits on the types of agriculture production or industrial use to be allowedwithin 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 theagriculture 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 itsboundaries land used for a roadway, dwelling site, park, or other nonagricultural or, in the case ofan industrial protection area, nonindustrial use if that land constitutes a minority of the totalacreage 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 ofcontinuous acres that must be included in an agriculture protection area or industrial protectionarea.
Amended by Chapter 194, 2006 General Session