Utah County, UT Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Minimum acreage, ag protection area
- 20 continuous acres
- Minimum acreage, industrial/critical infrastructure
- 5 continuous acres
- Advisory board size
- 5 members, 5-year terms
- Notice radius for applications
- 1,000 feet of property owners
- Governing state law
- Utah Code Title 17 Ch. 81
Summary
Unincorporated Utah County landowners can petition to form an Agriculture Protection Area of at least 20 contiguous acres, gaining state-law protection from nuisance suits over normal farm operations under Utah Code Title 17 Chapter 81.
In accordance with Utah Code § 17-81-201.6, the minimum number of continuous acres that must be included in an agriculture protection area within the unincorporated part of the County is hereby established as twenty (20) acres. A variance to the minimum acreage requirement may be given: for land which is used in intensive livestock operations or in fruit production; or if the acreage is contiguous to an existing agriculture protection area or contiguous to an existing or proposed agriculture protection area that is not within the unincorporated part of the County.
Full Breakdown
06 adopts the state's agriculture, industrial and critical infrastructure materials protection area program (Utah Code Title 17 Chapter 81) for the unincorporated county and layers on local administration. A five-member Agriculture Protection Area Advisory Board, appointed by the County Commission from the county's soil conservation district boards of supervisors, reviews proposals and carries the duties set out in state law; members serve five-year staggered terms without salary but can be reimbursed for mileage and actual expenses. To create or amend a protection area, an applicant files with the County Clerk a completed state-form application, pays the filing fee set in the current Utah County Government Fee Schedule, reimburses the county for required notice-mailing costs, and submits an electronic mailing list of every property owner and applicant within 1,000 feet of the proposed area.
6, fixes the minimum size of an agriculture protection area in the unincorporated county at 20 continuous acres, with a variance available for land in intensive livestock operations or fruit production, or for acreage contiguous to an existing protection area even one lying in an incorporated city. A critical infrastructure materials or industrial protection area needs only 5 continuous acres. Designation does not affect eligibility for Farmland Assessment Act (Utah Code Chapter 59-2 Part 5) tax treatment, which is determined solely under that separate act. 48, and a subject parcel already inside a designated Agriculture Protection Area gets specific placement rights under that zone.
Violations & Fines
There is no separate county penalty schedule for this chapter; its force is the state-law protection it confers, which shields a qualifying farm inside a designated area from being found a nuisance for generally accepted agricultural practices under Utah Code Title 17 Chapter 81. A landowner whose application is incomplete, missing the filing fee or the required 1,000-foot notice list, will have it rejected by the County Clerk's office rather than processed, and disputes over designation or removal follow the state statute's noticing, hearing and evaluation procedures adopted by reference in section 9.06.030.
Frequently Asked Questions
How much land do I need to form an Agriculture Protection Area in Utah County?
Who reviews a proposal to create a protection area?
What does an application to create a protection area require?
Sources & Official References
Other rules in Utah County
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