Box Elder County approves one agricultural protection area, denies two pending zoning

Box Elder County Commissioners on Wednesday approved one agricultural protection area (APA) and deferred or denied two others after staff told the commission several parcels were unzoned and therefore did not meet the criteria in state code.

Commissioners approved Resolution 25-15, establishing an APA for the Larson property in the Brigham City area. They approved Resolution 25-14 only for the single Anderson parcel that already carried agricultural zoning and denied the five Anderson parcels that were unzoned. The commission denied the RE Farms (REFarms) APA application because the submitted parcels are in unzoned land; commissioners directed applicants who obtain appropriate zoning within six months may reapply without paying a second APA application fee.

The APAs were the subject of a public hearing that drew farmers and neighbors who said the protections are needed to shield longstanding agricultural operations from nuisance complaints and development pressures. Brandon East of RE Properties, a fourth-generation farmer who spoke at the hearing, said the protections help farms “continue to be part of this county’s identity and future.” Julianna Larson, a Brigham City resident and lifelong farmer, told the commission she and her late husband had farmed the same land for more than 55 years and sought protection against neighbors’ complaints. A representative of the Box Elder Committee of Liberty, Deanna Hardy, opposed the program, calling it “another bureaucratic program” and saying it was “extorting money from the farmer.”

Scott Lyons, community development director, explained the planning commission’s recommendation and the legal standard commissioners must apply. Lyons said the planning commission reviews APA applications under state code and “analyzes and evaluates the proposal by applying the criteria contained in section 17 41 3 0 5 of the state code.” Lyons told commissioners that several parcels in the Anderson and RE Farms applications were unzoned; because the planning commission viewed zoning as one criterion for eligibility, staff and planning recommended those unzoned parcels be zoned for agriculture before being added to an APA.

Lyons also noted the county recently adopted an ag heritage zone at the July 9 meeting, creating an additional agricultural zoning option beyond the existing A-20 zone. He described concern among planning staff that APAs could be used as de facto long-term zoning protection (APAs run 20 years and automatically renew if not reevaluated). The commission accepted the planning staff position that parcels should be in an agricultural zone before receiving the added protections of an APA.

Commissioner Perry moved to open the public hearings and later made the motions to approve or deny the individual APA applications. A motion to approve Resolution 25-15 (Larson, Brigham City area) passed by voice vote. Perry moved, and a second motion carried, to approve Resolution 25-14 for only the 20.21-acre Anderson parcel that is zoned for agriculture and to deny the other five Anderson parcels that lack agricultural zoning. Commissioners then voted to deny the RE Farms APA application until the parcels are rezoned. After the denials, Perry moved and the commission agreed that if the Anderson and RE Farms applicants obtain the required zoning and reapply within six months the county will not charge a second APA application fee (the initial APA filing fee is $200).

Why it matters: APAs are a tool the legislature allows property owners to use to protect active agriculture from nuisance suits and incompatible nearby development. Supporters at the hearing said APAs help preserve farmland and the local food system; opponents said the program is unnecessary or bureaucratic. The commission’s actions reflect staff concerns about the interplay of zoning and APAs and the recent adoption of an ag heritage zone.

What happens next: Property owners whose APA applications were denied were told to pursue agricultural zoning first and may return to the county commission after securing the appropriate zone; if they return within six months the commission agreed not to require an additional APA application fee. The approved Larson APA will be processed per county procedures and the planning commission’s recommendation.

Votes at a glance from this agenda item

- Resolution 25-15 (Larson, Brigham City area): Approved (motion by Commissioner Perry; second recorded). Voice vote; counts not recorded.

- Resolution 25-14 (Anderson): Approved only for the single 20.21-acre parcel that carried agricultural zoning; other five Anderson parcels denied (motion by Commissioner Perry; second recorded). Voice vote; counts not recorded.

- RE Farms APA application (unincorporated Box Elder County): Denied pending zoning (motion recorded). Voice vote; counts not recorded.

Quotation highlights

- “These are not disruptions. These are signs of a productive working landscape,” — Brandon East, RE Properties.

- “An ag protection zone gives an extra level of protection to that farmer…,” — Commissioner Perry.

- “This program is extorting money from the farmer,” — Deanna Hardy, Box Elder Committee of Liberty (public comment opposing APAs).

Speakers who addressed the commission on the APAs included: Commissioner Perry; Commissioner Vinson (seconded motions); Scott Lyons, Community Development; Brandon East, RE Properties; Jonathan Gardner, Tremonton resident; Julianna Larson, Brigham City resident; and Deanna Hardy, Box Elder Committee of Liberty.

Clarifying details

- APA application fee: $200 (paid to county staff at filing).

- Zoning timeline: Planning commission typically reviews APA applications and forwards recommendations; state code requires a decision timeline for processing (staff referenced a statutory timeline and indicated ~120 days from application is relevant to the process).

- Zoning categories discussed: A-20 agricultural zone; recently adopted ag heritage zone (adopted July 9); RR-5 (rural residential 5-acre) allows agriculture as a use.

- Planning staff concern: adding unzoned parcels to long-term APAs (20-year term with automatic renewal unless reevaluated) can operate as de facto zoning protection.

Meeting context: The APA item drew multiple public commenters and extended staff explanation; commissioners spent substantive time on legal criteria and zoning prerequisites. Implementation risk: medium — approvals/de-nials depend on applicants securing zoning or following reapplication steps.

Searchable tags:["agricultural protection area","zoning","Box Elder County","Larson","RE Farms","Anderson","planning commission"]