Right to Farm in Orem, UT

If you live in Orem or are thinking about moving there, right to farm are one of those things you probably won't think about until they affect you directly. Orem has 2 specific rules on the books covering different aspects of right to farm, and some of them might surprise you.

Agricultural Zoning Protection

Orem's Agriculture Overlay Zone (-AG), created in City Code 22-12-6, layers protection for existing orchards and farmland onto the underlying zoning. Owners can apply the overlay to parcels of at least two acres in rural, low-density residential, or industrial and research zones, adding forestry, orchards, gardening, and plant nursery as permitted uses on top of whatever the base zone already allows.

Key details: Minimum overlay area: 2 acres. Smaller parcel exception: adjacent to existing -AG lot. Animal structure setback: 100 ft from dwellings/streets. Accessory building setback: 3 ft side/rear. Eligible base zones: rural, low-density residential, industrial/R&D.

Violating any zoning chapter requirement, including the overlay's setback, use, or maintenance standards, is a Class C misdemeanor under City Code 22-1-6, punishable by up to a $500 fine for an individual ($1,000 for a corporation) or up to three months in jail, with each day of a continuing violation counted as a separate offense. The City Manager and Development Services code enforcement staff administer Chapter 22; decisions may be appealed to the Board of Adjustment, then the City Council, within 30 days.

Farm Nuisance Protection

Orem's Agriculture Overlay Zone comes with a built-in right-to-farm shield: City Code 22-12-6 says occasional excess light, noise, dust, or smoke from permitted farming is not a nuisance under city ordinances, so long as it is intermittent, tied to normal agricultural practice, and not a threat to public health or safety. New subdivisions nearby must disclose the risk on the plat.

Key details: Protected conditions: occasional light, noise, dust, smoke. Must be: occasional, not continuous. Plat notice radius: 300 ft of overlay zone. Governing section: Orem City Code 22-12-6. Owner can still: stop farming or rezone anytime.

Because the nuisance shield is a defense rather than a standalone duty, the City does not fine landowners for invoking it. But a use that falls outside the shield, one that is continuous rather than occasional or unrelated to normal farming, can still be prosecuted as a nuisance or Class C misdemeanor zoning violation under City Code 22-1-6, carrying up to a $500 fine.

The rules around farm nuisance protection in Orem lean permissive, but that does not mean anything goes.

The Bottom Line

Orem's right to farm rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Orem is broadly strict or permissive.

Keep in mind that Orem can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.