§ 17-81-602 — County adoption of a county large concentrated animal feeding operation land use ordinance.

(1) (1)(a) 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 land use ordinance in accordance with this part by no later than February 1, 2022.
(1)(b) A county may consider an application to locate large concentrated animal feeding operations in the county before the county adopts the county large concentrated animal feeding operation land use ordinance under this part.
(2) A county large concentrated animal feeding operation land use ordinance described in Subsection (1) shall:
(2)(a) designate geographic areas of sufficient size to support large concentrated animal feeding operations, including state trust lands described in Subsection 53C-1-103(8) and private property within the county, including adopting a map described in Section 17-81-603;
(2)(b) establish requirements and procedures for applying for a land use decision that provides a reasonable opportunity to operate large concentrated animal feeding operations within the geographic area described in Subsection (2)(a);
(2)(c) disclose fees imposed to apply for the land use decision described in Subsection (2)(b);
(2)(d) disclose any requirements in addition to fees described in Subsection (2)(c) to be imposed by the county; and
(2)(e) provide for administrative remedies consistent with this chapter.
(3) (3)(a) This part does not authorize a county to regulate the operation of large concentrated animal feeding operations in any way that conflicts with state or federal statutes or regulations.
(3)(b) Nothing in this part supersedes or authorizes enactment of an ordinance that infringes on Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas, or Title 4, Chapter 44, Agricultural Operations Nuisances Act.

Legislative History

Renumbered and Amended by Chapter 14, 2025 Special Session 1