17-41-406 - Restrictions on state development projects.
17-41-406. Restrictions on state development projects.
(1) Each state agency that plans any development project that might affect land within anagriculture protection area or industrial protection area shall submit its development plan to:
(a) the advisory board of the agriculture protection area or industrial protection area,respectively; and
(b) in the case of an agriculture protection area, the commissioner of agriculture andfood.
(2) The commissioner of agriculture and food, in the case of an agriculture protectionarea, 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 theintegrity of the agriculture protection area or industrial protection area, as the case may be, or thatwould protect the agriculture protection area from nonfarm encroachment or the industrialprotection area from nonindustrial encroachment.
(3) Each state agency and political subdivision of the state that designates or proposes todesignate 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 agricultureprotection area; and
(ii) each other reasonably comparable alternative to the placement of the corridor on landwithin an agriculture protection area; and
(b) make reasonable efforts to minimize or eliminate any detrimental impact onagriculture that may result from the designation of a transportation corridor.
Amended by Chapter 168, 2008 General Session