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Box Elder County approves one agricultural protection area, delays others pending zoning
Summary
After a public hearing with farmers and residents, the Box Elder County Commissioners approved an agricultural protection area for a Brigham City parcel, approved one Anderson parcel while denying five others for lack of agricultural zoning, and denied an application from RE Farms until applicants obtain zoning. Commissioners credited application $
Commissioner Perry opened a public hearing on three proposed agricultural protection areas, telling attendees the tool is intended to give farmers legal protection in civil disputes with neighbors over typical agricultural activities.
County staff and applicants described three separate applications: a Larson application in the Brigham City area (resolution 25-15), an Anderson application that included six parcels (resolution 25-14), and an application from RE Farms. Scott Lyons of the county’s community development staff explained state review criteria and told the commission that state code requires applying criteria in section 17-41-305 when reviewing protection-area applications. He said several parcels in the Anderson and RE Farms applications are in unzoned areas and therefore do not meet the planning commission’s interpretation of the zoning criterion.
The hearing drew several public speakers. Brandon East of RE Properties, who identified himself as a fourth-generation farmer, said ag protection areas are “so important” to protect farms from nuisance complaints and development pressure. Jonathan Gardner of Tremonton said he and neighbors supported the RE Farms application and feared nearby industrial proposals could displace agriculture. Deanna Hardy of the Box Elder Committee of Liberty opposed agricultural protection areas generally, saying existing constitutional protections are sufficient. Julianna Larson, a long-time Brigham City resident and farmer’s spouse, described multi‑generation farming on her property and urged the commission to preserve agricultural lands.
After discussion, Commissioner Perry moved to approve resolution 25-15 for the Larson Brigham City agricultural protection area; the motion passed on a voice vote. For the Anderson application (resolution 25-14), staff and the planning commission recommended approval only for the parcel already zoned agricultural (a 20.21-acre parcel) and denial of the other five parcels that are unzoned; the commission approved that recommendation. The RE Farms application was denied because the included parcels are unzoned; the commission voted to deny the APA request for those parcels pending zoning.
The commission also approved a follow-up motion offering a fee accommodation: if applicants for the denied parcels obtain required zoning and reapply within six months, the county will credit or waive an additional ag-protection application fee so they will not be charged again for reapplying.
Why it matters: agricultural protection areas are a legislative option that can give farmers extra defenses in civil claims and help preserve working farmland. County staff told commissioners that adding unzoned parcels to long-term protection areas raises concerns that applicants could use APAs as de facto zoning protection; staff and the planning commission therefore recommended that parcels be in an agricultural or similarly compatible zone before they receive APA status.
Next steps: Applicants denied for lack of zoning may seek appropriate zoning (staff noted the recently adopted ag-heritage zone) and reapply; the commission offered a six‑month window to avoid paying a second application fee.
