Protections

Utah Code tit. 23A, ch. 23A-13, pt. 23A-13-P3

in effect

Utah Code § 23A-13-301 Farmland Assessment Act.

23A-13-301. Farmland Assessment Act. (1) Creation of a migratory bird production area does not impair the ability of land within the migratory bird production area to qualify for the benefits of Title 59, Chapter 2, Part 5, Farmland Assessment Act. (2) The eligibility of land for the benefits of Title 59, Chapter 2, Part 5, Farmland Assessment Act, is determined exclusively by that act, notwithstanding the land's location within a migratory bird production area. Renumbered and Amended by Chapter 103, 2023 General Session

Utah Code § 23A-13-302 Limitations on local regulations.

23A-13-302. Limitations on local regulations. (1) (a) A county within which a migratory bird production area is located shall encourage the continuity, development, and viability of the migratory bird production area. (b) Except as otherwise specifically provided in this chapter, the purposes, uses, and activities of a migratory bird production area described in this chapter are afforded the highest priority of use status. (c) A structure, improvement, or activity historically or customarily used in conjunction with a migratory bird production area is considered a permitted use under the county's zoning law, ordinance, or regulation. (2) A county within which a migratory bird production area is located may not: (a) enact a law, ordinance, or regulation that unreasonably restricts an activity normally associated with the migratory bird production area; (b) change the zoning designation of, or a zoning regulation applying to land within a migratory bird production area unless the county receives written approval for the change from all the landowners within the migratory bird production area; or (c) enact a law, ordinance, or regulation concerning the use, operation, or discharge of a firearm on a migratory bird production area. (3) For purposes of Subsection (2)(a), a law, ordinance, or regulation is unreasonable if it restricts or impairs the purposes, uses, and activities historically or customarily associated with a migratory bird production area. Renumbered and Amended by Chapter 103, 2023 General Session

Utah Code § 23A-13-303 County public nuisance laws.

23A-13-303. County public nuisance laws. (1) (a) A county shall exclude the activities described in Subsection (1)(b) from the definition of public nuisance in a county law or ordinance regulating a public nuisance. (b) An activity or occurrence normally associated with a migratory bird production area is not a nuisance, including: (i) hunting; (ii) discharging a firearm; (iii) improving habitat; (iv) trapping; (v) eradicating weeds; (vi) discing; (vii) planting; (viii) impounding water; (ix) raising a bird or other domestic animal; (x) grazing; (xi) an activity conducted in the normal course of an agricultural operation as defined in Section 78B-6a-101; and (xii) an odor. (2) An owner of a new development located in whole or in part within 1,000 feet of a migratory bird production area shall provide the following notice on a plat filed with the county recorder: "Migratory Bird Production Area This property is located in the vicinity of an established migratory bird production area in which hunting and activities related to the management and operation of land for the benefit of migratory birds have been afforded the highest priority use status. It can be anticipated that these uses and activities may now or in the future be conducted on land within the migratory bird production area. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from activities normally associated with a migratory bird production area." Amended by Chapter 401, 2026 General Session

Utah Code § 23A-13-304 Annexation restrictions.

23A-13-304. Annexation restrictions. A municipality may annex real property within a migratory bird production area as provided by Title 10, Chapter 2, Part 8, Annexation. Amended by Chapter 399, 2025 General Session

Utah Code § 23A-13-305 Application of Water Quality Act.

23A-13-305. Application of Water Quality Act. A migratory bird production area is subject to Title 19, Chapter 5, Water Quality Act. Renumbered and Amended by Chapter 103, 2023 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title23A/Chapter13/23A-13-P3.html?v=C23A-13-P3_2023050320230701Fetched: 10/26/2026