Utah Code 17-41-303. Review of proposal for creation of protection area
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(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 advisory committee and planning commission for their review, comments, and recommendations.
Terms Used In Utah Code 17-41-303
- Advisory board: means :(1)(a) for an agriculture protection area, the agriculture protection area advisory board created as provided in Section
17-41-201 ;(1)(b) for an industrial protection area, the industrial protection area advisory board created as provided in Section17-41-201 ; and(1)(c) for a critical infrastructure materials protection area, the critical infrastructure materials protection area advisory board created as provided in Section17-41-201 . 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 :
(4)(a) with respect to a proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area:(4)(a)(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(4)(a)(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(4)(b) with respect to an existing agriculture protection area, industrial protection area, or critical infrastructure materials protection area:(4)(b)(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(4)(b)(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 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
- 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
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and(3)(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- Municipality: means a city or town. See Utah Code 17-41-101
- Planning commission: means :
(21)(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;(21)(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(21)(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(2)(2)(a) Within 45 days after receipt of the proposal, the planning commission shall submit a written report to the applicable legislative body that:(2)(a)(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;(2)(a)(ii) analyzes and evaluates the proposal by applying the criteria contained in Section 17-41-305;(2)(a)(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;(2)(a)(iv) analyzes and evaluates any objections to the proposal; and(2)(a)(v) includes a recommendation to the applicable legislative body either to accept, accept and modify, or reject the proposal.(2)(b) Within 45 days after receipt of the proposal, the advisory board shall submit a written report to the applicable legislative body that:(2)(b)(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;(2)(b)(ii) analyzes and evaluates the proposal by applying the criteria contained in Section 17-41-305;(2)(b)(iii) analyzes and evaluates any objections to the proposal; and(2)(b)(iv) includes a recommendation to the applicable legislative body either to accept, accept and modify, or reject the proposal.(2)(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.