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House passes Agricultural Protection Act amendment after debate over 300-foot notice and takings concerns

1996 Utah Legislature - House Floor · February 6, 1996
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Summary

The House adopted amendments and passed HB36, which requires notice when new subdivisions are within 300 feet of agricultural protection areas and places that notice on plats to inform buyers. Supporters said it protects farmers from repeated complaints; critics argued the language may be overbroad or ineffective and raised takings and property-value concerns.

The Utah House on Feb. 6 passed House Bill 36, an amendment to the Agricultural Protection Act that requires notice when proposed subdivisions are within 300 feet of an agricultural protection area and specifies how that notice will be recorded.

Sponsor David Lewis outlined the bill’s core: a requirement that owners of new subdivisions provide notice on plats filed with the county recorder alerting prospective buyers that normal agricultural activities (noise, dust, fertilizer, seasonal operations) may occur. Lewis said the measure is designed to reduce future complaints and…

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