Proposal and Approval of a Protection Area

Utah Code tit. 17, ch. 17-81, pt. 17-81-P2

in effect

Utah Code § 17-81-201 Proposal for creation of a protection area.

17-81-201. Proposal for creation of a protection area. (1) (a) A proposal to create an agriculture protection area, an industrial protection area, or critical infrastructure materials protection area may be filed with the legislative body of the county in which the area is located, if the area is within the unincorporated part of a county. (b) (i) A proposal to create a critical infrastructure protection area can only be initiated by the legislative body of the municipality or county. (ii) Creation of a critical infrastructure materials protection area is a legislative act. (c) (i) To be accepted for processing by the 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, industrial use, or critical infrastructure materials operations within the proposed relevant protection area. (ii) For purposes of Subsection (1)(c)(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 the relevant protection area; (b) any limits on the types of agriculture production, industrial use, or critical infrastructure materials operations to be allowed within the relevant protection area; and (c) for each parcel of land: (i) the names of the owners of record of the land proposed to be included within the relevant 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, industrial protection area, or critical infrastructure materials protection area may include within the protection area boundaries land used for a roadway, dwelling site, park, or other nonagricultural use, in the case of an industrial protection area, nonindustrial use, or in the case of a critical infrastructure materials protection area, use unrelated to critical infrastructure materials operations, if that land constitutes a minority of the total acreage within the relevant protection area. (4) An agricultural protection area may include within the boundaries of the agricultural protection area an agritourism activity, as defined in Section 78B-4-512. (5) A county legislative body may establish: (a) the manner and form for submission of proposals for the creation of a protection area; and (b) reasonable fees for accepting and processing the proposal for the creation of a protection area. (6) A legislative body shall establish the minimum number of continuous acres that shall be included in an agriculture protection area, industrial protection area, or critical infrastructure materials protection area for the legislative body to approve a proposal filed with the legislative body under this section. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-81-202 Notice of proposal for creation of protection area -- Responses.

17-81-202. Notice of proposal for creation of protection area -- Responses. (1) (a) An applicable legislative body shall provide notice of the proposal, as a class B notice under Section 63G-30-102, for at least 15 days. (b) A legislative body shall provide the notice described in Subsection (1)(a) for the geographic boundaries of the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area, and the area that extends 1,000 feet beyond the geographic boundaries of the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area. (2) The notice shall contain: (a) a statement that a proposal for the creation of an agriculture protection area, industrial protection area, or critical infrastructure materials 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 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 protection area; (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, industrial protection area, or critical infrastructure materials 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) A person wishing to modify the proposal for the creation of the agriculture protection area, industrial protection area, or critical infrastructure materials 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) A person wishing to object to the proposal for the creation of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area shall, within 15 days after the date of the notice, file a written objection to the creation of the relevant protection area. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-81-203 Review of proposal for creation of protection area.

17-81-203. Review of proposal for creation of 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: (a) county advisory board created in accordance with Section 17-81-102; and (b) planning commission. (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 17-81-205; (iii) recommends any modifications to the land to be included in the proposed agriculture protection area, industrial protection area, or critical infrastructure materials 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, industrial protection area, or critical infrastructure materials 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. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-81-204 Public hearing -- Notice -- Review and action on proposal.

17-81-204. Public hearing -- Notice -- 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 legislative body shall: (a) schedule a public hearing; (b) provide notice of the public hearing for the geographic area described in Subsection 17-81-202(1)(b), as a class B notice under Section 63G-30-102, for at least seven days; 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, industrial protection area, or critical infrastructure materials protection area; (iii) any proposed modifications to the proposed agriculture protection area, industrial protection area, or critical infrastructure materials 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 oral 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, industrial protection area, or critical infrastructure materials 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. (c) Notwithstanding Subsection (3)(b), a critical infrastructure materials protection area is effective only if the applicable legislative body, at the legislative body's discretion, approves a proposal or modified proposal. (4) (a) To give constructive notice of the existence of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area to all persons who have, may acquire, or may seek to acquire an interest in land in or adjacent to the relevant protection area within 10 days of the creation of the relevant protection area, the applicable legislative body shall file an executed document containing a legal description of the relevant protection area with: (i) the county recorder; and (ii) the affected planning commission. (b) If the legal description of the property to be included in the relevant protection area is available through the county recorder's office, the applicable legislative body shall use that legal description in the 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). Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-81-205 Criteria to be applied in evaluating a proposal for the creation of a protection area.

17-81-205. Criteria to be applied in evaluating a proposal for the creation of a protection area. In evaluating a proposal and in determining whether or not to create or recommend the creation of an agriculture protection area, industrial protection area, or critical infrastructure materials 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, industrial use, or critical infrastructure materials operations, as the case may be; (2) whether or not the land is zoned for agriculture use, industrial use, or critical infrastructure materials operations, as the case may be; (3) whether or not the land is viable for agriculture production, industrial use, or critical infrastructure materials operations, as the case may be; (4) (a) for an agriculture protection area, the extent and nature of existing or proposed farm improvements; (b) for an industrial protection area, the extent and nature of existing or proposed improvements to or expansion of the industrial use; or (c) for a critical infrastructure materials protection area, the extent and nature of existing or proposed improvements to or expansion of critical infrastructure materials operations; and (5) (a) in the case of an agriculture protection area, anticipated trends in agricultural and technological conditions; (b) in the case of an industrial protection area, anticipated trends in technological conditions applicable to the industrial use of the land in question; or (c) in the case of a critical infrastructure materials protection area, anticipated trends in technological conditions applicable to the critical infrastructure materials operations of the land in question. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-81-206 Adding land to or removing land from a protection area -- Removing land from a mining protection area.

17-81-206. Adding land to or removing land from a protection area -- Removing land from a mining protection area. (1) (a) Any owner may add land to an existing agriculture protection area, industrial protection area, critical infrastructure materials protection area, as the case may be, by: (i) filing a proposal with: (A) the county legislative body, if the relevant protection area and the land to be added are within the unincorporated part of the county; or (B) the municipal legislative body, if the relevant 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 relevant protection area. (b) The applicable legislative body shall: (i) comply with the provisions for creating an agriculture protection area, industrial protection area, critical infrastructure materials protection area, as the case may be, in determining whether to accept the proposal; and (ii) for purposes of a critical infrastructure materials protection area, request a copy of the applicable Division of Air Quality approval order. (c) The applicable legislative body may deny the expansion if expansion is contrary to the Division of Air Quality's approval order. (2) (a) An owner of land within an agriculture protection area, industrial protection area, or critical infrastructure materials protection area may remove any or all of the owner's land from the relevant protection area, 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 the relevant protection area, even if removal of the land would result in an agriculture protection area, industrial protection area, or critical infrastructure materials 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) 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, industrial protection area, or critical infrastructure materials protection area and the land removed from the relevant protection area, file a legal description of the revised boundaries of the relevant 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, an industrial protection area, or critical infrastructure materials protection area. (ii) If a petition to remove land in a protection area is granted, the remaining land in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is still an agriculture protection area, industrial protection area, or critical infrastructure materials protection area. (iii) (A) A critical infrastructure materials operator may abandon some or all of the operator's critical infrastructure materials operations use only as provided in this Subsection (2)(b)(iii). (B) To abandon some or all of a critical infrastructure materials operations, a critical infrastructure materials operator shall record a written declaration of abandonment with the county recorder of the county in which the critical infrastructure materials operations being abandoned is located. (C) The written declaration of abandonment under this Subsection (2)(b)(iii) shall specify the critical infrastructure materials operations or the portion of the critical infrastructure materials operations being abandoned. (3) (a) If a municipality annexes any land that is part of an agriculture protection area, industrial protection area, or critical infrastructure materials 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 relevant protection area according to the procedures and requirements of Section 17-81-207. (b) The county legislative body shall remove the annexed land from the relevant protection area if: (i) the county legislative body concludes, after the review under Section 17-81-207, that removal is appropriate; and (ii) the owners of all the annexed land that is within the relevant protection area consent in writing to the removal. (c) Removal of land from an agriculture protection area, industrial protection area, or critical infrastructure materials protection area under this Subsection (3) does not affect whether that land may be: (i) included in a proposal under Section 17-81-201 to create an agriculture protection area, industrial protection area, or critical infrastructure materials protection area within the municipality; or (ii) added to an existing agriculture protection area, industrial protection area, or critical infrastructure materials 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. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-81-207 Review of protection areas.

17-81-207. Review of protection areas. (1) In the 20th calendar year after the creation of a protection area under this part, an agriculture protection area, industrial protection area, or critical infrastructure materials protection area, shall be reviewed, under the provisions of this section, by: (a) the county legislative body, if the relevant protection area is within the unincorporated part of the county; or (b) the municipal legislative body, if the relevant protection area is within the municipality. (2) (a) In the 20th year, the applicable legislative body may: (i) request the planning commission and advisory board to submit recommendations about whether the agriculture protection area, industrial protection area, or critical infrastructure materials 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 relevant protection area, should be continued, modified, or terminated; (iii) give notice of the hearing using the same procedures required by Section 17-81-202; and (iv) after the public hearing, continue, modify, or terminate the relevant protection area. (b) If the applicable legislative body modifies or terminates the agriculture protection area, industrial protection area, or critical infrastructure materials protection area, the applicable legislative body shall file an executed document containing the legal description of the relevant protection area, with the county recorder. (3) If the applicable legislative body fails affirmatively to continue, modify, or terminate the agriculture protection area, industrial protection area, or critical infrastructure materials protection area, as the case may be, in the 20th calendar year, the relevant protection area is considered to be reauthorized for another 20 years. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17/Chapter81/17-81-P2.html?v=C17-81-P2_2025110620251206Fetched: 10/26/2026