Section 17-41-305 - Criteria to be applied in evaluating a proposal for the creation of a protection area In evaluating a proposal and in determining whether or not to create or recommend the creation of an agriculture protection area, industrial protection area, or critical infrastructure materials 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, industrial use, or critical infrastructure materials operations, as the case may be;(2) whether or not the land is zoned for agriculture use, industrial use, or critical infrastructure materials operations, as the case may be;(3) whether or not the land is viable for agriculture production, industrial use, or critical infrastructure materials operations, as the case may be;(4) the extent and nature of existing or proposed farm improvements, the extent and nature of existing or proposed improvements to or expansion of the industrial use, or the extent and nature of existing or proposed improvements to or expansion of critical infrastructure materials operations, as the case may be; and(5)(a) in the case of an agriculture protection area, anticipated trends in agricultural and technological conditions;(b) in the case of an industrial protection area, anticipated trends in technological conditions applicable to the industrial use of the land in question; or(c) in the case of a critical infrastructure materials protection area, anticipated trends in technological conditions applicable to the critical infrastructure materials operations of the land in question.Amended by Chapter 227, 2019 General Session ,§ 17, eff. 5/14/2019.Amended by Chapter 194, 2006 General Session.