(A) After receipt of the written reports from the Advisory Board and Planning Commission, or after the 45 days has expired, whichever is earlier, the County Clerk, in coordination with the County Planning and Zoning Department, shall:
(1) Schedule a public hearing;
(2) Provide notice of the public hearing by:
(a) Posting notice on the Utah Public Notice Website created in U.C.A. § 63A-16-601;
(b) Posting mailing written notice to each owner of land within 1,000 feet of the land proposed for inclusion within an agriculture protection area, industrial protection area or critical infrastructure materials protection area; and
(c) Posting notice at three public places within or near the proposed agriculture protection area; and
(3) Ensure that the notice includes:
(a) The time, date and place of the public hearing on the proposal;
(b) A description of the proposed agriculture protection area;
(c) Any proposed modifications to the proposed agriculture protection area;
(d) A summary of the recommendations of the Advisory Board and Planning Commission; and
(e) A statement that interested persons may appear at the public hearing and speak in favor of or against the proposal, any proposed modifications to the proposal or the recommendations of the Advisory Board and Planning Commission.
(4) Nothing herein shall preclude the ability of the Planning and Zoning Department to include all public hearings being placed on the same notice for convenience in advertising.
(B) The county legislative body shall:
(1) Convene the public hearing at the time, date and place specified in the notice; and
(2) Take verbal or written testimony from interested persons.
(C) Within 120 days of the submission of the proposal, the county legislative body shall approve, modify and approve or reject the proposal. Failure to approve the proposal within 120 days shall be deemed a denial by the county legislative body, unless the county legislative body continues the proposal to a date certain.
(D) The creation of an agriculture protection area is effective at the county legislative body’s approval of a proposal or modified proposal.
(E) In order to give constructive notice of the existence of the agriculture protection area to all persons who have, may acquire or may seek to acquire an interest in land in or adjacent to the agriculture protection area, within ten days of the creation of an agriculture protection area, the County Planning and Zoning Department shall file an executed document containing a legal description of the agriculture protection area with:
(1) The County Recorder; and
(2) The Planning Commission.
(F) Within ten days of the recording of the agriculture protection area, the county legislative body shall: send written notification to the Commissioner of Agriculture and Food that the agriculture protection area has been created, and include in said notification the following:
(1) The number of landowners owning land within the agriculture protection area;
(2) The total acreage of the area;
(3) The date of approval of the area; and
(4) The date of recording.
(G) Failure by the county to record the notice required under division (E) above does not invalidate the creation of an agriculture protection area.
(H) Land in an agriculture protection area shall be designated on the county zoning map.
(I) The county legislative body may consider the cost of recording notice under division (E) above and the cost of sending notification under division (F) above in establishing a fee.
(Ord. 2024-5-3, passed 5-13-2024; Ord. 2024-5-4, passed 5-13-2024)