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Section 406 - Restrictions on state development projects.

UT Code § 17-41-406 (2019) (N/A)
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(1) A state agency that plans any development project that might affect land within an agriculture protection area, industrial protection area, or critical infrastructure materials protection area, shall submit the state agency's development plan to: (a) the advisory board of the relevant protection area; and (b) in the case of an agriculture protection area, the commissioner of agriculture and food.

(a) the advisory board of the relevant protection area; and

(b) in the case of an agriculture protection area, the commissioner of agriculture and food.

(2) The commissioner of agriculture and food, in the case of an agriculture protection area, and the advisory board shall: (a) review the state agency's proposed development plan; and (b) recommend any modifications to the development project that would protect the integrity of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area, as the case may be, or that would protect the agriculture protection area from nonfarm encroachment, the industrial protection area from nonindustrial encroachment, or the critical infrastructure materials protection area from encroachment of uses unrelated to critical infrastructure materials operations.

(a) review the state agency's proposed development plan; and

(b) recommend any modifications to the development project that would protect the integrity of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area, as the case may be, or that would protect the agriculture protection area from nonfarm encroachment, the industrial protection area from nonindustrial encroachment, or the critical infrastructure materials protection area from encroachment of uses unrelated to critical infrastructure materials operations.

(3) A state agency and political subdivision of the state that designates or proposes to designate a transportation corridor shall: (a) consider: (i) whether the transportation corridor would: (A) be located on land that is included within an agriculture protection area; or (B) interfere with agriculture production activities on land within an agriculture protection area; and (ii) each other reasonably comparable alternative to the placement of the corridor on land within an agriculture protection area; and (b) make reasonable efforts to minimize or eliminate any detrimental impact on agriculture that may result from the designation of a transportation corridor.

(a) consider: (i) whether the transportation corridor would: (A) be located on land that is included within an agriculture protection area; or (B) interfere with agriculture production activities on land within an agriculture protection area; and (ii) each other reasonably comparable alternative to the placement of the corridor on land within an agriculture protection area; and

(i) whether the transportation corridor would: (A) be located on land that is included within an agriculture protection area; or (B) interfere with agriculture production activities on land within an agriculture protection area; and

(A) be located on land that is included within an agriculture protection area; or

(B) interfere with agriculture production activities on land within an agriculture protection area; and

(ii) each other reasonably comparable alternative to the placement of the corridor on land within an agriculture protection area; and

(b) make reasonable efforts to minimize or eliminate any detrimental impact on agriculture that may result from the designation of a transportation corridor.

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Section 406 - Restrictions on state development projects.