17-79-616. Land use compatibility with military use.

459 words·~2 min read·/ut/title-17/chapter-79/17-79-616

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 11/6/2025

(1)As used in this section:

(a)"Department" means the Department of Veterans and Military Affairs.

(b)"Military" means a branch of the armed forces of the United States, including the Utah National Guard.

(c)"Military land" means the following land or facilities:

(i)Camp Williams;

(ii)Hill Air Force Base;

(iii)Dugway Proving Ground;

(iv)Tooele Army Depot;

(v)Utah Test and Training Range;

(vi)Nephi Readiness Center;

(vii)Cedar City Alternate Flight Facility; or

(viii)Little Mountain Test Facility.

(a)Except as provided in Subsection (2)(b) , on or before July 1, 2025, for any area in a county within 5,000 feet of a boundary of military land, a county shall, in consultation with the department, develop and maintain a compatible use plan to ensure permitted uses and conditional uses relevant to the military land are compatible with the military operations on military land.

(b)A county that has a compatible use plan as of January 1, 2023, is not required to develop a new compatible use plan.

(3)If a county receives a land use application related to land within 5,000 feet of a boundary of military land, before the county may approve the land use application, the county shall notify the department in writing.

(a)If the department receives the notice described in Subsection

(3), the executive director of the department shall:

(i)determine whether the proposed land use is compatible with the military use of the relevant military land; and

(ii)within 90 days after the receipt of the notice described in Subsection

(3), respond in writing to the county regarding the determination of compatibility described in Subsection (4)(a)(i) .

(i)For a land use application pertaining to a parcel within 5,000 feet of military land that may have an adverse effect on the operations of the military installation, except as provided in Subsection (4)(b)(ii) , the county shall consider the compatible use plan in processing the land use application.

(ii)For a land use application pertaining to a parcel within 5,000 feet of military land that may have an adverse effect on the operations of the military installation, if the applicant has a vested right, the county is not required to consider the compatible land use plan in consideration of the land use application.

(5)If the department receives the notice described in Subsection

(3)before the county has completed the compatible use plan as described in this section, the department shall consult with the county and representatives of the relevant military land to determine whether the use proposed in the land use application is a compatible use.

Renumbered and Amended by Chapter 14 , 2025 Special Session 1