17-79-609. Refineries.
294 words·~1 min read·
/ut/title-17/chapter-79/17-79-609A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 11/6/2025
17-79-609. Refineries.
(1)As used in this section, "develop" or "development" means:
(a)the construction, alteration, or improvement of land, including any related moving, demolition, or excavation outside of a refinery property boundary;
(b)the subdivision of land for a non-industrial use; or
(c)the construction of a non-industrial structure on a parcel that is not subject to the subdivision process.
(2)Before a legislative body may adopt a non-industrial zoning change to permit development within 500 feet of a refinery boundary, the legislative body shall consult with the refinery to determine whether the proposed change is compatible with the refinery.
(3)Before a land use authority may approve an application to develop within 500 feet of a refinery boundary, the land use authority shall consult with the refinery to determine whether the development is compatible with the refinery.
(4)A legislative body described in Subsection
(2), or a land use authority described in Subsection
(3), may not request from the refinery:
(a)proprietary information;
(b)information, if made public, that would create a security or safety risk to the refinery or the public;
(c)information that is restricted from public disclosure under federal or state law; or
(d)information that is available in public record.
(a)This section does not grant authority to a legislative body described in Subsection
(2), or a land use authority described in Subsection
(3), to require a refinery to undertake or cease an action.
(b)This section does not create a cause of action against a refinery.
(c)Except as expressly provided in this section, this section does not alter or remove any legal right or obligation of a refinery.
Renumbered and Amended by Chapter 14 , 2025 Special Session 1