Criteria considered in adopting the geographic area of a county large concentrated animal feeding operation land use ordinance -- Maps -- Exception.

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  • (1)
    • (a) To determine the geographic areas where large concentrated animal feeding operations may be located under a county large concentrated animal feeding operation land use ordinance, the county shall consider:
      • (i) the distance of the geographic area measured in feet from the following:
        • (A) a residential zone;
        • (B) a health care facility;
        • (C) a public area;
        • (D) an education institution;
        • (E) a religious institution;
        • (F) a commercial enterprise;
        • (G) a municipal boundary; and
        • (H) a state or county highway or road;
      • (ii) prevailing winds;
      • (iii) topography;
      • (iv) economic benefits to the county; and
      • (v) reasonable access to transportation, water, and power infrastructure.
    • (b) A county may consider criteria in addition to those described in Subsection (1)(a).
  • (2) After considering the factors described in Subsection (1), the county shall designate the geographic areas where large concentrated animal feeding operations may locate as required by Subsection 17-27a-1103(2)(a) and prepare a map available to the public showing the geographic areas in the county.
  • (3) A county may not designate a geographic area for large concentrated animal feeding operations based solely on a uniform setback distance requirement from the locations described in Subsection (1)(a)(i), but shall determine the geographic area by evaluating all criteria in Subsection (1).
  • (4) A county shall designate at least one geographic area within the county where large concentrated animal feeding operations for all animal species listed in Subsection 17-27a-1102(6) may be located unless the county demonstrates that one of the following makes it not feasible for the county to meet the criteria described in this section:
    • (a) the county's population density; or
    • (b) the county's population density relative to the amount of private land within the county.




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