17-81-601. Definitions.

571 words·~3 min read·/ut/title-17/chapter-81/17-81-601·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 11/6/2025

(1)"Animal feeding operation" means a lot or facility where the following conditions are met:

(a)animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and

(b)crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

(a)"Commercial enterprise" means a building:

(i)used as a part of a business that manufactures goods, delivers services, or sells goods or services;

(ii)customarily and regularly used by the general public during the entire calendar year; and

(iii)connected to electric or water systems.

(b)"Commercial enterprise" does not include an agriculture operation.

(3)"County large concentrated animal feeding operation land use ordinance" means an ordinance adopted in accordance with Section 17-81-602 .

(4)"Education institution" means a building in which any part is used:

(a)for more than three hours each weekday during a school year as a public or private:

(i)elementary school;

(ii)secondary school; or

(iii)kindergarten;

(b)by an institution of higher education as defined in Section 53H-1-101 ; or

(c)by a private institution of higher education in the state accredited by a regional or national accrediting agency recognized by the United States Department of Education.

(5)"Health care facility" means the same as that term is defined in Section 26B-2-201 .

(6)"Large concentrated animal feeding operation" means an animal feeding operation that stables or confines as many as or more than the numbers of animals specified in any of the following categories:

(a)700 mature dairy cows, whether milked or dry;

(b)1,000 veal calves;

(c)1,000 cattle other than mature dairy cows or veal calves, with "cattle" including heifers, steers, bulls, and cow calf pairs;

(d)2,500 swine each weighing 55 pounds or more;

(e)10,000 swine each weighing less than 55 pounds;

(f)500 horses;

(g)10,000 sheep or lambs;

(h)55,000 turkeys;

(i)30,000 laying hens or broilers, if the animal feeding operation uses a liquid manure handling system;

(j)125,000 chickens, other than laying hens, if the animal feeding operation uses other than a liquid manure handling system;

(k)82,000 laying hens, if the animal feeding operation uses other than a liquid manure handling system;

(l)30,000 ducks, if the animal feeding operation uses other than a liquid manure handling system; or

(m)5,000 ducks, if the animal feeding operation uses a liquid manure handling system.

(7)"Manure" includes manure, bedding, compost, a raw material, or other material commingled with manure or set aside for disposal.

(8)"Public area" means land that:

(a)is owned by the federal government, the state, or a political subdivision with facilities that attract the public to congregate and remain in the area for significant periods of time;

(i)is part of a public park, preserve, or recreation area that is owned or managed by the federal government, the state, a political subdivision, or a nongovernmental entity; and

(ii)has a cultural, archaeological, scientific, or historic significance or contains a rare or valuable ecological system, including a site recognized as a National Historic Landmark or Site; or

(c)is a cemetery.

(9)"Religious institution" means a building and grounds used at least monthly for religious services or ceremonies.

Renumbered and Amended by Chapter 14 , 2025 Special Session 1