In the 20th calendar year after its creation under this part, an agriculture protection area, industrial protection area, or critical infrastructure materials protection area, as the case may be, shall be reviewed, under the provisions of this section, by:
Terms Used In Utah Code 17-41-307
Advisory board: means :
(a)
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 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 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
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
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
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 17-41-302; 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 of deeds.
(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.
