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Provo, UT Right to Farm: Farm Nuisance Protection (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum protection area size
5 continuous acres
Nuisance exemption
Sound agricultural practices only
Exception to shield
Direct public health/safety threat
Nearby subdivision notice radius
300 feet

Summary

Farms inside a Provo-designated agriculture protection area using sound agricultural practices cannot be deemed a public nuisance under the City's nuisance code, unless the activity directly threatens public health or safety.

(1) Any agricultural activity or operation within an agriculture protection area conducted using sound agricultural practices shall be excluded from the definition or prohibition of a public nuisance under Title 7, Provo City Code, or any other provision of the Provo City Code dealing with public nuisances, unless that activity or operation bears a direct relationship to public health or safety.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 2026-17, passed June 9, 2026).

Full Breakdown

24 lets landowners petition for an agriculture protection area under Utah Code Annotated Title 17, Chapter 41. 020 has the Development Services Department accept and process applications, which must be accompanied by the Consolidated Fee Schedule filing fee, with the Municipal Council making the final decision after receiving reports from the Advisory Board and Planning Commission. 030 sets the minimum area at five continuous acres, and that land must already receive Farmland Assessment Act, or 'greenbelt,' tax benefits under Utah Code Title 59, Chapter 2.

050(1) provides the core protection: agricultural activity or operations conducted using sound agricultural practices within the protection area are excluded from the definition or prohibition of a public nuisance under Title 7 of the Provo City Code or any other nuisance provision, unless the activity bears a direct relationship to public health or safety. 050(2) adds a disclosure requirement running the other way: any new subdivision development located wholly or partly within 300 feet of a protection area's boundary must comply with the notice requirements of Utah Code Annotated 17-41-403, so incoming residents are told they are moving near protected farmland before development proceeds.

Violations & Fines

The nuisance shield in Section 15.24.050(1) does not apply, and normal Title 7 nuisance enforcement resumes, if the agricultural activity bears a direct relationship to public health or safety; a subdivision developer within 300 feet of a protection area who skips the Utah Code 17-41-403 notice requirement is out of compliance with Section 15.24.050(2).

Frequently Asked Questions

Can a neighbor sue a Provo farm as a nuisance?
Not if the farm sits in a designated agriculture protection area and uses sound agricultural practices. Provo City Code 15.24.050(1) excludes such activity from the City's public nuisance definitions, unless it directly threatens public health or safety.
How big does a farm need to be to qualify for Provo's agriculture protection area?
Section 15.24.030 requires a minimum of five continuous acres, and the land must already be receiving Farmland Assessment Act 'greenbelt' tax benefits under Utah Code Title 59, Chapter 2.

Sources & Official References

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