17-41-601.  Definitions.
     As used in this part:

(1)  “Agricultural land” means “land in agricultural use,” as defined in Section 59-2-502.

Terms Used In Utah Code 17-41-601

  • Land: includes :Utah Code 68-3-12.5
  • 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
(2) 

(a)  “Open land” means land that is:

(i)  preserved in or restored to a predominantly natural, open, and undeveloped condition; and

(ii)  used for:

(A)  wildlife habitat;

(B)  cultural or recreational use;

(C)  watershed protection; or

(D)  another use consistent with the preservation of the land in, or restoration of the land to, a predominantly natural, open, and undeveloped condition.

(b)  “Open land” includes land described in Subsection (2)(a) that contains facilities, including trails, waterways, and grassy areas, that, in the judgment of the county legislative body:

(i)  enhance the natural, scenic, or aesthetic qualities of the land; or

(ii)  facilitate the public’s access to, or use of, the land for the enjoyment of the land’s natural, scenic, or aesthetic qualities and for compatible recreational activities.

(c)  “Open land” does not include land whose predominant use is as a developed facility for active recreational activities played on fields or courses, including baseball, tennis, soccer, golf, or other sporting or similar activities.

(3)  “Public land county” means a county in which over 50% of the land area is publicly owned.

(4)  “Rollback tax funds” means the rollback taxes paid to a county in accordance with Sections 59-2-506, 59-2-511, 59-2-1705, and 59-2-1710.

Enacted by Chapter 180, 2023 General Session

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