Protection of Land in a Protection Area

Utah Code tit. 17, ch. 17-81, pt. 17-81-P3

in effect

Utah Code § 17-81-301 Farmland Assessment Act benefits not affected.

17-81-301. Farmland Assessment Act benefits not affected. (1) Creation of an agriculture protection area may not impair the ability of land within the area to obtain 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, shall be determined exclusively by the provisions of that act, notwithstanding the land's location within an agriculture protection area. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-81-302 Limitations on local regulations.

17-81-302. Limitations on local regulations. (1) (a) Except as provided in Subsection (1)(b), a political subdivision within which an agriculture protection area, industrial protection area, or critical infrastructure materials protection area is created or with a mining protection area within the political subdivision's boundary shall encourage the continuity, development, and viability of agriculture use, industrial use, critical infrastructure materials operations, or mining use, within the relevant protection area by not enacting a local law, ordinance, or regulation that would unreasonably restrict: (i) in the case of an agriculture protection area, a farm structure or farm practice; (ii) in the case of an industrial protection area, an industrial use of the land within the area; (iii) in the case of a critical infrastructure materials protection area, critical infrastructure materials operations; or (iv) in the case of a mining protection area, a mining use within the protection area. (b) Subsection (1)(a) does not restrict the ability of a political subdivision to enact a local law, ordinance, or regulation that bears a direct relationship to public health or safety. (2) A political subdivision may not change the zoning designation of or a zoning regulation affecting land within an agriculture protection area unless the political subdivision receives written approval for the change from all the landowners within the agriculture protection area affected by the change. (3) Except as provided by Section 19-4-113, a political subdivision may not change the zoning designation of or a zoning regulation affecting land within an industrial protection area unless the political subdivision receives written approval for the change from all the landowners within the industrial protection area affected by the change. (4) A political subdivision may not change the zoning designation of or a zoning regulation affecting land within a critical infrastructure materials protection area unless the political subdivision receives written approval for the change from each critical infrastructure materials operator within the relevant area. (5) A political subdivision may not change the zoning designation of or a zoning regulation affecting land within a mining protection area unless the political subdivision receives written approval for the change from each mine operator within the area. (6) A county, city, or town may not: (a) adopt, enact, or amend an existing land use regulation, ordinance, or regulation that would prohibit, restrict, regulate, or otherwise limit critical infrastructure materials operations with a vested critical infrastructure materials use as defined in Section 10-20-701 or 17-81-101; or (b) initiate proceedings to amend the county's, city's, or town's land use ordinances as described in Subsection 10-20-902(1)(a)(ii) or 17-79-803(1)(a)(ii) as the land use ordinance regards the rights of a critical infrastructure materials operator with a vested critical infrastructure materials use. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-81-303 Limits on political subdivisions with respect to a vested mining use -- Exception.

17-81-303. Limits on political subdivisions with respect to a vested mining use -- Exception. (1) A political subdivision may not: (a) terminate a vested mining use, whether by amortization, the exercise of police power, or otherwise; (b) prohibit, restrict, or otherwise limit a mine operator with a vested mining use from exercising the rights permitted under this chapter; (c) require, for a vested mining use: (i) a variance; (ii) a conditional use permit; (iii) a special exception; (iv) the establishment or determination of a nonconforming use right; or (v) any other type of zoning or land use permit; or (d) prohibit, restrict, limit, or otherwise regulate a vested mining use under a variance, conditional use permit, special exception, or other zoning or land use permit issued before May 12, 2009. (2) Subsection (1) does not prohibit a political subdivision from requiring a vested mining use to comply with the generally applicable, reasonable health and safety regulations and building code adopted by the political subdivision including a drinking water protection zone as defined and limited to Subsections 19-4-113(5)(a) and (b). Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-81-304 Public nuisance ordinances.

17-81-304. Public nuisance ordinances. (1) A political subdivision shall ensure that any of the political subdivision's laws or ordinances that define or prohibit a public nuisance exclude from the definition or prohibition: (a) for an agriculture protection area, any agricultural activity or operation within an agriculture protection area conducted using sound agricultural practices unless that activity or operation bears a direct relationship to public health or safety; (b) for an industrial protection area, any industrial use of the land within the industrial protection area that is consistent with sound practices applicable to the industrial use, unless that use bears a direct relationship to public health or safety; or (c) for a critical infrastructure materials protection area, any critical infrastructure materials operations on the land within the critical infrastructure materials protection area that is consistent with sound practices applicable to the critical infrastructure materials operations, unless that use bears a direct relationship to public health or safety. (2) (a) For an agricultural protection area, an ordinance of a political subdivision does not apply to an agricultural operation that is conducted in the normal and ordinary course of an agricultural operation or conducted in accordance with sound agricultural practices if that ordinance: (i) would make the agricultural operation, or appurtenances to the agricultural operation, a public nuisance; or (ii) provides for abatement of the agricultural operation as a public nuisance. (b) An agricultural operation undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, is presumed to be operating within sound agricultural practices. (3) (a) A vested mining use undertaken in conformity with applicable federal and state law and regulations is presumed to be operating within sound mining practices. (b) A vested mining use that is consistent with sound mining practices: (i) is presumed to be reasonable; and (ii) may not constitute a private nuisance or public nuisance under Title 78B, Chapter 6a, Civil Actions for Nuisances, or a public nuisance under Section 76-9-1301. (c) A vested mining use in operation for more than three years may not be considered to have become a private or public nuisance because of a subsequent change in the condition of land within the vicinity of the vested mining use. (4) The county recorder shall, from time to time, ensure compliance with Section 17-79-716 in regard to subdivision development near a protection area. Amended by Chapter 401, 2026 General Session

Utah Code § 17-81-305 Eminent domain restrictions -- Notice of hearing.

17-81-305. Eminent domain restrictions -- Notice of hearing. (1) A political subdivision having or exercising eminent domain powers may not condemn for any purpose any land within an agriculture protection area that is being used for agricultural production, land within an industrial protection area that is being put to an industrial use, or land within a critical infrastructure materials protection area, unless the political subdivision obtains approval, according to the procedures and requirements of this section, from the applicable legislative body and the advisory board. (2) Any condemnor wishing to condemn property within an agriculture protection area, industrial protection area, or critical infrastructure materials protection area shall file a notice of condemnation with the applicable legislative body and the relevant protection area's advisory board at least 30 days before filing an eminent domain complaint. (3) The applicable legislative body and the advisory board shall: (a) hold a joint public hearing on the proposed condemnation at a location within the county in which the relevant protection area is located; and (b) publish notice of the time, date, place, and purpose of the public hearing for the relevant protection area, as a class A notice under Section 63G-30-102, for at least seven days. (4) (a) If the condemnation is for highway purposes or for the disposal of solid or liquid waste materials, the applicable legislative body and the advisory board may approve the condemnation only if there is no reasonable and prudent alternative to the use of the land within the agriculture protection area, industrial protection area, or critical infrastructure materials protection area for the project. (b) If the condemnation is for any other purpose, the applicable legislative body and the advisory board may approve the condemnation only if: (i) the proposed condemnation would not have an unreasonably adverse effect upon the preservation and enhancement of: (A) agriculture within the agriculture protection area; (B) the industrial use within the industrial protection area; or (C) critical infrastructure materials operations within the critical infrastructure materials protection area; or (ii) there is no reasonable and prudent alternative to the use of the land within the relevant protection area for the project. (5) (a) Within 60 days after receipt of the notice of condemnation, the applicable legislative body and the advisory board shall approve or reject the proposed condemnation. (b) If the applicable legislative body and the advisory board fail to act within the 60 days or such further time as the applicable legislative body establishes, the condemnation shall be considered rejected. (6) The applicable legislative body or the advisory board may request the county or municipal attorney to bring an action to enjoin any condemnor from violating any provisions of this section. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-81-306 Policy of state agencies.

17-81-306. Policy of state agencies. A state agency shall encourage the continuity, development, and viability of agriculture within agriculture protection areas, industrial uses with industrial protection areas, and critical infrastructure materials operations within critical infrastructure protection areas by: (1) not enacting rules that would impose unreasonable restrictions on farm structures or farm practices within the agriculture protection area, on industrial uses and practices within the industrial protection area, or on critical infrastructure materials operations with a critical infrastructure materials protection area, unless those laws, ordinances, or regulations bear a direct relationship to public health or safety or are required by federal law; and (2) modifying existing rules that would impose unreasonable restrictions on farm structures or farm practices within the agriculture protection area, on industrial uses and activities within the industrial protection area, or on critical infrastructure materials operations within a critical infrastructure materials protection area, unless those laws, ordinances, or regulations bear a direct relationship to public health or safety or are required by federal law. Renumbered and Amended by Chapter 14, 2025 Special Session 1

Utah Code § 17-81-307 Restrictions on state development projects.

17-81-307. Restrictions on state development projects. (1) A state agency that plans any development project that might affect land within an agriculture protection area, industrial protection area, or critical infrastructure materials protection area, shall submit the state agency's development plan to: (a) the advisory board of the relevant protection area; and (b) in the case of an agriculture protection area, the commissioner of agriculture and food. (2) The commissioner of agriculture and food, in the case of an agriculture protection area, and the advisory board shall: (a) review the state agency's proposed development plan; and (b) recommend any modifications to the development project that would protect the integrity of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area, as the case may be, or that would protect the agriculture protection area from nonfarm encroachment, the industrial protection area from nonindustrial encroachment, or the critical infrastructure materials protection area from encroachment of uses unrelated to critical infrastructure materials operations. (3) A state agency and political subdivision of the state that designates or proposes to designate a transportation corridor shall: (a) consider: (i) whether the transportation corridor would: (A) be located on land that is included within an agriculture protection area; or (B) interfere with agriculture production activities on land within an agriculture protection area; and (ii) each other reasonably comparable alternative to the placement of the corridor on land within an agriculture protection area; and (b) make reasonable efforts to minimize or eliminate any detrimental impact on agriculture that may result from the designation of a transportation corridor. 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-P3.html?v=C17-81-P3_2025110620251206Fetched: 10/26/2026