Title 17, Title 17: Counties

17-80-301. Moderate income housing. (1) A county may only require the development of a certain number of moderate income housing units as a condition of approval of a land use application if: the county and the applicant enter into a written agreement regarding the number of mode…

17-80-302. Manufactured homes. (1) For purposes of this section, a manufactured home means the same as that term is defined in Section, except that the manufactured home shall be attached to a permanent foundation in accordance with plans providing for vertical loads, uplift, and…

17-80-303. Internal accessory dwelling units. (1) In any area zoned primarily for residential use: the use of an internal accessory dwelling unit is a permitted use; except as provided in Subsectionsand, a county may not establish any restrictions or requirements for the construc…

17-80-401. Affordable home ownership density bonus for single-family residential units. (1) As used in this section: "Affordable housing" means the same as that term is defined in Section. 10-21-401 "Owner-occupier" means the same as that term is defined in Section. 10-21-401 "Qu…

17-80-402. Affordable home ownership density bonus for multi-family residential units. (1) As used in this section: "Affordable housing" means the same as that term is defined in Section. 10-21-401 "Owner-occupier" means the same as that term is defined in Section. 10-21-401 "Qua…

17-81-101. Definitions. As used in this chapter: (1) "Advisory board" means: for an agriculture protection area, the agriculture protection area advisory board created as provided in Section; 17-81-102 for an industrial protection area, the industrial protection area advisory boa…

17-81-102. Protection area advisory board. (1) A county legislative body shall appoint no more than five members from the county's conservation district board of supervisors to serve as the agriculture protection area advisory board. A county legislative body shall appoint an ind…

17-81-103. Applicability. (1) A person or entity that wishes to propose the creation of a protection area within the boundaries of a municipality and ensure the subsequent protection and management of a created protection area shall, in accordance with Section, comply with the fo…

17-81-201. Proposal for creation of a protection area. (1) A proposal to create an agriculture protection area, an industrial protection area, or critical infrastructure materials protection area may be filed with the legislative body of the county in which the area is located, i…

17-81-202. Notice of proposal for creation of protection area -- Responses. (1) An applicable legislative body shall provide notice of the proposal, as a class B notice under Section, for at least 15 days. 63G-30-102 A legislative body shall provide the notice described in Subsec…

17-81-203. Review of proposal for creation of protection area. (1) After 15 days from the date of the notice, the applicable legislative body shall refer the proposal and any objections and proposed modifications to the proposal to the: county advisory board created in accordance…

17-81-204. Public hearing -- Notice -- Review and action on proposal. (1) After receipt of the written reports from the advisory committee and planning commission, or after the 45 days have expired, whichever is earlier, the legislative body shall: schedule a public hearing; prov…

17-81-205. Criteria to be applied in evaluating a proposal for the creation of a protection area. In evaluating a proposal and in determining whether or not to create or recommend the creation of an agriculture protection area, industrial protection area, or critical infrastructu…

17-81-206. Adding land to or removing land from a protection area -- Removing land from a mining protection area. (1) Any owner may add land to an existing agriculture protection area, industrial protection area, critical infrastructure materials protection area, as the case may …

17-81-207. Review of protection areas. (1) In the 20th calendar year after the creation of a protection area under this part, an agriculture protection area, industrial protection area, or critical infrastructure materials protection area, shall be reviewed, under the provisions …

17-81-301. Farmland Assessment Act benefits not affected. (1) Creation of an agriculture protection area may not impair the ability of land within the area to obtain the benefits of. Title 59, Chapter 2, Part 5, Farmland Assessment Act (2) The eligibility of land for the benefits…

17-81-302. Limitations on local regulations. (1) Except as provided in Subsection, a political subdivision within which an agriculture protection area, industrial protection area, or critical infrastructure materials protection area is created or with a mining protection area wit…

17-81-303. Limits on political subdivisions with respect to a vested mining use -- Exception. (1) A political subdivision may not: terminate a vested mining use, whether by amortization, the exercise of police power, or otherwise; prohibit, restrict, or otherwise limit a mine ope…

17-81-304. Public nuisance ordinances. (1) A political subdivision shall ensure that any of the political subdivision's laws or ordinances that define or prohibit a public nuisance exclude from the definition or prohibition: for an agriculture protection area, any agricultural ac…

17-81-305. Eminent domain restrictions -- Notice of hearing. (1) A political subdivision having or exercising eminent domain powers may not condemn for any purpose any land within an agriculture protection area that is being used for agricultural production, land within an indust…

17-81-306. Policy of state agencies. A state agency shall encourage the continuity, development, and viability of agriculture within agriculture protection areas, industrial uses with industrial protection areas, and critical infrastructure materials operations within critical in…

17-81-307. 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 agen…

17-81-401. Vested mining use -- Conclusive presumption. (1) A mining use is conclusively presumed to be a vested mining use if the mining use existed or was conducted or otherwise engaged in before a political subdivision prohibits, restricts, or otherwise limits the mining use. …

17-81-402. Rights of a mine operator with a vested mining use -- Expanding vested mining use. (1) Notwithstanding a political subdivision's prohibition, restriction, or other limitation on a mining use adopted after the establishment of the mining use, the rights of a mine operat…

17-81-403. Abandonment of a vested mining use. (1) A mine operator may abandon some or all of a vested mining use only as provided in this section. (2) To abandon some or all of a vested mining use, a mine operator shall record a written declaration of abandonment with the record…

17-81-501. Use of money -- Criteria -- Administration. (1) The county treasurer shall deposit 100% of the rollback tax funds into an account or fund of the county set aside for preserving or restoring open land and agricultural land. (2) The rollback funds: may be used to establi…

17-81-601. Definitions. (1) "Animal feeding operation" means a lot or facility where the following conditions are met: animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and crops, vegetation, forage…

17-81-602. County adoption of a county large concentrated animal feeding operation land use ordinance. (1) The legislative body of a county desiring to restrict siting of large concentrated animal feeding operations shall adopt a county large concentrated animal feeding operation…

17-81-603. Criteria considered in adopting the geographic area of a county large concentrated animal feeding operation land use ordinance -- Maps -- Exception. (1) To determine the geographic areas where large concentrated animal feeding operations may be located under a county l…

17-81-701. Vested critical infrastructure materials use-- Presumption. (1) A critical infrastructure materials use is presumed to be a vested critical infrastructure materials use if the critical infrastructure materials use meets the definition of vested critical infrastructure …

17-81-702. Rights of a critical infrastructure materials operator with a vested critical infrastructure materials use. (1) As used in this section, "new land" means surface or subsurface land that a critical infrastructure materials operator gains ownership or control of on or be…

17-81-703. Abandonment of a vested critical infrastructure materials use. (1) A critical infrastructure materials operator may abandon some or all of a vested critical infrastructure materials use only as provided in this section. (2) To abandon some or all of a vested critical i…