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Utah House approves bill limiting local bans on crop types; debate focuses on industrial hemp

Utah House of Representatives · February 1, 2021
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Summary

The House passed House Bill 171, sponsored by Representative Chu, to prohibit local governments from zoning out crops — including industrial hemp — after debate over local control and safety; the bill passed 69–2 and moves to the Senate.

Representative Jason Chu, sponsor of House Bill 171, told the Utah House the measure would prevent government entities from "zoning out what crops you grow," framing the bill as protection for private-property rights and an agricultural opportunity for constituents.

The bill, introduced from the Department of Agriculture, drew questions from members worried about industrial hemp being grown near homes. Representative Briscoe said he had received constituent emails urging him to vote against HB171 because of concerns about industrial hemp. Chu replied that hemp production already involves "a rigorous examination of the person that proposes to grow it," including evaluations of location and security, and that state restrictions limit proximity to churches, schools and other public places.

Supporters argued the measure prevents local governments from singling out a single crop and preserves farmers' ability to diversify revenues. Representative Lyman said he agreed with much of the bill and asked whether zoning should be handled at the county level; Chu said existing state background checks and fencing requirements reduce the need for additional regulation.

Several lawmakers considered but did not press a proposed amendment that would explicitly recognize "legal crops" in code language; the sponsor said his counsel advised the amendment was unnecessary because the code does not currently address that term. Representative Stratton reserved the right to make a motion but ultimately expressed support for the bill as drafted.

After discussion and a final summation by Representative Chu, the House voted to pass HB171 69–2. The measure will be transmitted to the Senate for further consideration.

The House record shows the debate focused on balancing private-property rights and local zoning authority, while sponsors emphasized existing state oversight of hemp growers and enforcement tools. Next steps: HB171 proceeds to the Senate.