17-81-603. Criteria considered in adopting the geographic area of a county large concentrated animal feeding operation land use ordinance -- Maps -- Exception.
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Effective 11/6/2025
17-81-603. Criteria considered in adopting the geographic area of a county large concentrated animal feeding operation land use ordinance -- Maps -- Exception.
(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 17-81-602(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 17-81-601(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.
Renumbered and Amended by Chapter 14 , 2025 Special Session 1