17-81-303. Limits on political subdivisions with respect to a vested mining use -- Exception.
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/ut/title-17/chapter-81/17-81-303A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 11/6/2025
17-81-303. Limits on political subdivisions with respect to a vested mining use -- Exception.
(1)A political subdivision may not:
(a)terminate a vested mining use, whether by amortization, the exercise of police power, or otherwise;
(b)prohibit, restrict, or otherwise limit a mine operator with a vested mining use from exercising the rights permitted under this chapter;
(c)require, for a vested mining use:
(i)a variance;
(ii)a conditional use permit;
(iii)a special exception;
(iv)the establishment or determination of a nonconforming use right; or
(v)any other type of zoning or land use permit; or
(d)prohibit, restrict, limit, or otherwise regulate a vested mining use under a variance, conditional use permit, special exception, or other zoning or land use permit issued before May 12, 2009.
(2)Subsection
(1)does not prohibit a political subdivision from requiring a vested mining use to comply with the generally applicable, reasonable health and safety regulations and building code adopted by the political subdivision including a drinking water protection zone as defined and limited to Subsections 19-4-113(5)(a) and
(b).
Renumbered and Amended by Chapter 14 , 2025 Special Session 1