(1)
(a) To determine the geographic areas where large concentrated animal feeding operations may be located under a county large concentrated animal feeding operation land use ordinance, the county shall consider:
(i) the distance of the geographic area measured in feet from the following:
- (A) a residential zone;
- (B) a health care facility;
- (C) a public area;
- (D) an education institution;
- (E) a religious institution;
- (F) a commercial enterprise;
- (G) a municipal boundary; and
- (H) a state or county highway or road;
- (ii) prevailing winds;
- (iii) topography;
- (iv) economic benefits to the county; and
- (v) reasonable access to transportation, water, and power infrastructure.
- (b) A county may consider criteria in addition to those described in Subsection (1)(a).
- (2) After considering the factors described in Subsection (1), the county shall designate the geographic areas where large concentrated animal feeding operations may locate as required by Subsection 17-81-602(2)(a) and prepare a map available to the public showing the geographic areas in the county.
- (3) A county may not designate a geographic area for large concentrated animal feeding operations based solely on a uniform setback distance requirement from the locations described in Subsection (1)(a)(i), but shall determine the geographic area by evaluating all criteria in Subsection (1).
(4) A county shall designate at least one geographic area within the county where large concentrated animal feeding operations for all animal species listed in Subsection 17-81-601(6) may be located unless the county demonstrates that one of the following makes it not feasible for the county to meet the criteria described in this section:
- (a) the county's population density; or
- (b) the county's population density relative to the amount of private land within the county.
Renumbered and Amended by Chapter 14, 2025 Special Session 1