for an agriculture protection area, the agriculture protection area advisory board created as provided in Section 17-41-201;
(b)
for an industrial protection area, the industrial protection area advisory board created as provided in Section 17-41-201; and
(c)
for a critical infrastructure materials protection area, the critical infrastructure materials protection area advisory board created as provided in Section 17-41-201. See Utah Code 17-41-101
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. See Utah Code 17-41-101
Agriculture protection area: means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
Applicable legislative body: means :
(a)
with respect to a proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area:
(i)
the legislative body of the county in which the land proposed to be included in the relevant protection area is located, if the land is within the unincorporated part of the county; or
(ii)
the legislative body of the city or town in which the land proposed to be included in the relevant protection area is located; and
(b)
with respect to an existing agriculture protection area, industrial protection area, or critical infrastructure materials protection area:
(i)
the legislative body of the county in which the relevant protection area is located, if the relevant protection area is within the unincorporated part of the county; or
(ii)
the legislative body of the city or town in which the relevant protection area is located. See Utah Code 17-41-101
Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 17-41-101
Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 17-41-101
Critical infrastructure materials protection area: means a geographic area created under the authority of this chapter on or after May 14, 2019, that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
(a)
the power and duty to carry laws and ordinances into effect and secure their due observance; and
(b)
those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
Industrial protection area: means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(a)
the power and duty to enact ordinances, levy taxes, and establish budgets; and
(b)
those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
Planning commission: means :
(a)
a countywide planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within the unincorporated part of the county and not within a planning advisory area;
(b)
a planning advisory area planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a planning advisory area; or
(c)
a planning commission of a city or town if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a city or town. See Utah Code 17-41-101
(a)
(i)
A county legislative body shall appoint no more than five members from the county’s conservation district board of supervisors to serve as the agriculture protection area advisory board.
(ii)
A county legislative body shall appoint an industrial protection area advisory board.
(iii)
Subject to Subsection (1)(b), a county legislative body shall form a critical infrastructure materials protection area advisory board that consists of:
(A)
the executive director of the Department of Transportation, or the executive director’s designee;
(B)
a local government elected official appointed by the county legislative body;
(C)
a representative of a local highway authority appointed by the county legislative body;
(D)
a representative of the critical infrastructure materials industry appointed by the county legislative body; and
(E)
a representative of the construction industry appointed by the county legislative body.
(b)
A county legislative body may appoint an advisory board before or after a proposal to create an agriculture protection area or industrial protection area is filed. A county legislative body shall appoint a critical infrastructure materials protection area advisory board only after a proposal to create a critical infrastructure materials protection area is filed.
(2)
A member of an advisory board shall serve without salary, but a county legislative body may reimburse members for expenses incurred in the performance of their duties.
(3)
An advisory board shall:
(a)
evaluate proposals for the establishment of the relevant protection areas and make recommendations to the applicable legislative body about whether the proposal should be accepted;
(b)
provide expert advice to the planning commission and to the applicable legislative body about:
(i)
the desirability of the proposal;
(ii)
the nature of agricultural production, industrial use, or critical infrastructure materials operations, as the case may be, within the proposed area;
(iii)
the relation of agricultural production, industrial use, or critical infrastructure materials operations, as the case may be, in the area to the county as a whole; and
(iv)
which agriculture production, industrial use, or critical infrastructure materials operations, should be allowed within the relevant protection area; and
(c)
perform the other duties required by this chapter.
