2016 Utah Code
Title 4 - Utah Agricultural Code
Chapter 18 - Conservation Commission Act
Section 103 - Definitions.

Effective 5/13/2014
4-18-103. Definitions.
As used in this chapter:

• (1)
  • (a) "Agricultural discharge" means the release of agriculture water from the property of a farm, ranch, or feedlot that:
    • (i) pollutes a surface body of water, including a stream, lake, pond, marshland, watercourse, waterway, river, ditch, or other water conveyance system;
    • (ii) pollutes ground water; or
    • (iii) constitutes a significant nuisance to urban land.
  • (b) "Agricultural discharge" does not include:
    • (i) runoff from a farm, ranch, or feedlot, or the return flow of water from an irrigated field onto land that is not part of a body of water; or
    • (ii) a release of water from a farm, ranch, or feedlot into a normally dry water conveyance leading to an active body of water, if the release does not reach the water of a lake, pond, stream, marshland, river, or other active body of water.

• (2) "Agricultural operation" means a farm, ranch, or animal feeding operation.

• (3) "Agriculture water" means:
  • (a) water used by a farm, ranch, or feedlot for the production of food, fiber, or fuel;
  • (b) the return flow of water from irrigated agriculture; or
  • (c) agricultural storm water runoff.

• (4) "Alternate" means a substitute for a district supervisor if the district supervisor cannot attend a meeting.

• (5)
  • (a) "Animal feeding operation" means a facility where animals, other than aquatic animals, are stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period.
  • (b) "Animal feeding operation" does not include an operation where animals are in areas such as pastures or rangeland that sustain crops or forage growth during the normal growing season.

• (6) "Best management practices" means practices, including management policies and the use of technology, used by each sector of agriculture in the production of food and fiber that are commonly accepted practices, or that are at least as effective as commonly accepted practices, and that:
  • (a) protect the environment;
  • (b) protect human health;
  • (c) ensure the humane treatment of animals; and
  • (d) promote the financial viability of agricultural production.

• (7) "Certified agricultural operation" means an agricultural operation that is certified under the Utah Agriculture Certificate of Environmental Stewardship Program in accordance with Section 4-18-107.

• (8) "Certified conservation planner" means a planner of a state conservation district, or other qualified planner, that is approved by the commission to certify an agricultural operation under the Utah Agriculture Certificate of Environmental Stewardship Program, created in Section 4-18-107.

• (9) "Commission" means the Conservation Commission created in Section 4-18-104.

• (10) "Comprehensive nutrient management plan" or "nutrient management plan" means a plan to properly store, handle, and spread manure and other agricultural byproducts to:
  • (a) protect the environment; and
  • (b) provide nutrients for the production of crops.

• (11) "Coordinated resource management plan" means a plan of action created at a local level with broad participation of land owners, natural resource agencies, and interested stakeholders to protect or enhance the environment, human health, humane treatment of animals, and financial viability in the community.

• (12) "District" or "conservation district" has the same meaning as "conservation district" as defined in Section 17D-3-102.

• (13) "Pollution" means a harmful human-made or human-induced alteration to the water of the state, including an alteration to the chemical, physical, biological, or radiological integrity of water that harms the water of the state.

• (14) "State technical standards" means a collection of best management practices that will protect the environment in a reasonable and economical manner for each sector of agriculture as required by this chapter.

• (15) "Sustainable agriculture" means agriculture production and practices that promote:
  • (a) the environmental responsibility of owners and operators of farms, ranches, and feedlots; and
  • (b) the profitability of owners and operators of farms, ranches, and feedlots.

Amended by Chapter 383, 2014 General Session