17-41-306 - Adding land to or removing land from an agriculture protection area or industrial protection area -- Removing land from a mining protection area.
17-41-306. Adding land to or removing land from an agriculture protection area orindustrial protection area -- Removing land from a mining protection area.
(1) (a) Any owner may add land to an existing agriculture protection area or industrialprotection area, as the case may be, by:
(i) filing a proposal with:
(A) the county legislative body, if the agriculture protection area or industrial protectionarea and the land to be added are within the unincorporated part of the county; or
(B) the municipal legislative body, if the agriculture protection area or industrialprotection area and the land to be added are within a city or town; and
(ii) obtaining the approval of the applicable legislative body for the addition of the landto the area.
(b) The applicable legislative body shall comply with the provisions for creating anagriculture protection area or industrial protection area, as the case may be, in determiningwhether or not to accept the proposal.
(2) (a) Any owner of land within an agriculture protection area or industrial protectionarea may remove any or all of the land from the agriculture protection area or industrialprotection area, respectively, by filing a petition for removal with the applicable legislative body.
(b) (i) The applicable legislative body:
(A) shall:
(I) grant the petition for removal of land from an agriculture protection area or industrialprotection area, as the case may be, even if removal of the land would result in an agricultureprotection area or industrial protection area of less than the number of acres established by theapplicable legislative body as the minimum under Section 17-41-301; and
(II) in order to give constructive notice of the removal to all persons who have, mayacquire, or may seek to acquire an interest in land in or adjacent to the agriculture protection areaor industrial protection area and the land removed from the agriculture protection area orindustrial protection area, file a legal description of the revised boundaries of the agricultureprotection area or industrial protection area with the county recorder of deeds and the affectedplanning commission; and
(B) may not charge a fee in connection with a petition to remove land from an agricultureprotection area or an industrial protection area.
(ii) The remaining land in the agriculture protection area or industrial protection area isstill an agriculture protection area or industrial protection area, respectively.
(3) (a) If a municipality annexes any land that is part of an agriculture protection area orindustrial protection area located in the unincorporated part of the county, the county legislativebody shall, within 30 days after the land is annexed, review the feasibility of that land remainingin the agriculture protection area or industrial protection area according to the procedures andrequirements of Section 17-41-307.
(b) The county legislative body shall remove the annexed land from the agricultureprotection area or industrial protection area, as the case may be, if:
(i) the county legislative body concludes, after the review under Section 17-41-307, thatremoval is appropriate; and
(ii) the owners of all the annexed land that is within the agriculture protection area orindustrial protection area consent in writing to the removal.
(c) Removal of land from an agriculture protection area or industrial protection area
under this Subsection (3) does not affect whether that land may be:
(i) included in a proposal under Section 17-41-301 to create an agriculture protectionarea or industrial protection area within the municipality; or
(ii) added to an existing agriculture protection area or industrial protection area withinthe municipality under Subsection (1).
(4) A mine operator that owns or controls land within a mining protection area mayremove any or all of the land from the mining protection area by filing a notice of removal withthe legislative body of the county in which the land is located.
Amended by Chapter 376, 2009 General Session