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Commissioners pause Hardman Greenbelt rollback, ask staff to draft conditional deferral

Utah County Board of Commissioners · July 9, 2019
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Summary

After lengthy testimony, the commission agreed to continue consideration of the Hardman family Greenbelt rollback request and asked staff to draft a conditional agreement that would defer rollback while requiring two years of proof of agricultural production and financial protections if the land is developed.

The Utah County Board of Commissioners continued action on a Greenbelt rollback tax request for parcels owned by the Hardman family and directed staff to draft a conditional agreement that would defer a rollback while protecting the county—inancial interest.

Paul Jones, an attorney in the county civil division, summarized the issue as the continuation of the Hardman application after the Board of Equalization denied relief. Jones said the commissioners could craft a lien-based agreement "that would require the property owners to get in Green Belt within the next 2 years and then stay on Green Belt for the next 3" as one way to provide relief while protecting revenue.

Lisa Hardman, who identified herself as the property owner, told commissioners the parcels are "sand" and "sagebrush," said "it is not crop production," and said she has "not sold water shares." Hardman said drought and a recent fire damaged fences and that she is "committed to redo the fence all around it, to do whatever I need to do to make that Green Belt worthy and pass this Green Belt."

Commissioners and staff discussed technical background: a 2014/2015 survey and mapping corrections split what had been taxed as a single parcel into two separate tax serials and generated separate notices beginning tax year 2015. Recorder's office staff said a surveyor, John Stahl, redrew descriptions so a railroad right-of-way now dissected formerly unified acreage.

Several commissioners said they were sympathetic but emphasized statutory production requirements: staff and a commissioner said applicants must be able to show two years of production to qualify for Greenbelt. One commissioner urged an accommodation, asking for an agreement with "real requirements" and subsequent verification.

A compromise proposal discussed in the chamber would let the Hardmans have a two-year period, starting when an agreement is executed, to show production (for example, grazing livestock or demonstrating hay production) and then remain compliant for a defined period; if the property later fails to meet production standards or is developed, the county would assess rollback taxes and associated fees to capture the county's lost revenue. Paul Jones said staff would draft the precise language and fee mechanism and work with the Hardman family before the item returns to the agenda.

Rather than vote on relief today, the commission voted to "continue item number 2 without date" to allow staff to prepare the conditional agreement; the motion passed 3-0. The item will return to a future agenda once staff and the parties have a draft agreement.

The commission lso approved the other tax items on the agenda with the Hardman parcels held for further action.

Next step: staff will draft the conditional deferral/lien agreement working with counsel and the Hardman family and place the item back on a future meeting agenda for formal action.