17-41-406. 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:
Terms Used In Utah Code 17-41-406
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 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
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
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
Political subdivision: means a county, city, town, school district, special district, or special service district. See Utah Code 17-41-101
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State agency: means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state. See Utah Code 17-41-101
(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.
