17-81-302. Limitations on local regulations.
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/ut/title-17/chapter-81/17-81-302·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 11/6/2025
17-81-302. Limitations on local regulations.
(a)Except as provided in Subsection (1)(b) , a political subdivision within which an agriculture protection area, industrial protection area, or critical infrastructure materials protection area is created or with a mining protection area within the political subdivision's boundary shall encourage the continuity, development, and viability of agriculture use, industrial use, critical infrastructure materials operations, or mining use, within the relevant protection area by not enacting a local law, ordinance, or regulation that would unreasonably restrict:
(i)in the case of an agriculture protection area, a farm structure or farm practice;
(ii)in the case of an industrial protection area, an industrial use of the land within the area;
(iii)in the case of a critical infrastructure materials protection area, critical infrastructure materials operations; or
(iv)in the case of a mining protection area, a mining use within the protection area.
(b)Subsection (1)(a) does not restrict the ability of a political subdivision to enact a local law, ordinance, or regulation that bears a direct relationship to public health or safety.
(2)A political subdivision may not change the zoning designation of or a zoning regulation affecting land within an agriculture protection area unless the political subdivision receives written approval for the change from all the landowners within the agriculture protection area affected by the change.
(3)Except as provided by Section 19-4-113 , a political subdivision may not change the zoning designation of or a zoning regulation affecting land within an industrial protection area unless the political subdivision receives written approval for the change from all the landowners within the industrial protection area affected by the change.
(4)A political subdivision may not change the zoning designation of or a zoning regulation affecting land within a critical infrastructure materials protection area unless the political subdivision receives written approval for the change from each critical infrastructure materials operator within the relevant area.
(5)A political subdivision may not change the zoning designation of or a zoning regulation affecting land within a mining protection area unless the political subdivision receives written approval for the change from each mine operator within the area.
(6)A county, city, or town may not:
(a)adopt, enact, or amend an existing land use regulation, ordinance, or regulation that would prohibit, restrict, regulate, or otherwise limit critical infrastructure materials operations with a vested critical infrastructure materials use as defined in Section 10-20-701 or 17-81-101 ; or
(b)initiate proceedings to amend the county's, city's, or town's land use ordinances as described in Subsection 10-20-902(1)(a)(ii) or 17-79-803(1)(a)(ii) as the land use ordinance regards the rights of a critical infrastructure materials operator with a vested critical infrastructure materials use.
Renumbered and Amended by Chapter 14 , 2025 Special Session 1