§ 17-41-305. Criteria to be applied in evaluating a proposal for the creation of an agriculture protection area or industrial protection area.

     In evaluating a proposal and in determining whether or not to create or recommend the creation of an agriculture protection area or industrial protection area, the advisory committee, planning commission, and applicable legislative body shall apply the following criteria:

(1) whether or not the land is currently being used for agriculture production or for an industrial use, as the case may be;

(2) whether or not the land is zoned for agriculture use or industrial use, as the case may be;

(3) whether or not the land is viable for agriculture production or industrial use, as the case may be;

(4) the extent and nature of existing or proposed farm improvements or the extent and nature of existing or proposed improvements to or expansion of the industrial use, as the case may be; and

(5)

(a) in the case of an agriculture protection area, anticipated trends in agricultural and technological conditions; or

(b) in the case of an industrial protection area, anticipated trends in technological conditions applicable to the industrial use of the land in question.

Amended by Chapter 194, 2006 General Session