4-46-102.  Definitions.
     As used in this chapter:

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

Terms Used In Utah Code 4-46-102

(a) a land use authority, as defined in Section 10-9a-103, of a municipality; or
(b) a land use authority, as defined in Section 17-27a-103, of a county. See Utah Code 4-46-102
  • Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Working agricultural land: includes an agricultural protection area established under Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas. See Utah Code 4-46-102
    • (2)  “Board” means the Land Conservation Board established in Section 4-46-201.

    (3)  “Conservation commission” means the Conservation Commission created in Section 4-18-104.

    (4)  “Conservation district” means a limited purpose local government entity created under Title 17D, Chapter 3, Conservation District Act.

    (5)  “Director” means the director of the Division of Conservation.

    (6)  “Division” means the Division of Conservation created in Section 4-46-401.

    (7)  “Fund” means the LeRay McAllister Working Farm and Ranch Fund created in Section 4-46-301.

    (8)  “Land use authority” means:

    (a)  a land use authority, as defined in Section 10-9a-103, of a municipality; or

    (b)  a land use authority, as defined in Section 17-27a-103, of a county.

    (9)  “Local entity” means a county, city, or town.

    (10) 

    (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 (10)(a) that contains facilities, including trails, waterways, and grassy areas, that:

    (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, including baseball, tennis, soccer, golf, or other sporting or similar activities.

    (11) 

    (a)  “State conservation efforts” includes:

    (i)  efforts to optimize and preserve the uses of land for the benefit of the state‘s agricultural industry and natural resources; and

    (ii)  conservation of working landscapes that if conserved, preserves the state’s agricultural industry and natural resources, such as working agricultural land.

    (b)  “State conservation efforts” does not include the purpose of opening private property to public access without the consent of the owner of the private property.

    (12) 

    (a)  “Working agricultural land” means agricultural land for which an owner or producer engages in the activity of producing for commercial purposes crops, orchards, livestock, poultry, aquaculture, livestock products, or poultry products and the facilities, equipment, and property used to facilitate the activity.

    (b)  “Working agricultural land” includes an agricultural protection area established under Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas.

    Amended by Chapter 180, 2023 General Session

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