4-41a-406. Local control.
477 words·~2 min read·
/ut/title-4/chapter-41a/4-41a-406A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 11/6/2025
4-41a-406. Local control.
(1)As used in this section:
(a)"Cannabis production establishment" means the same as that term is defined in Section 4-41a-102 and includes a closed-door medical cannabis pharmacy.
(b)"Land use application" means the same as that term is defined in Sections 10-20-102 and 17-79-102 .
(c)"Land use decision" means the same as that term is defined in Sections 10-20-102 and 17-79-102 .
(d)"Land use permit" means the same as that term is defined in Sections 10-20-102 and 17-79-102 .
(e)"Land use regulation" means the same as that term is defined in Sections 10-20-102 and 17-79-102 .
(a)If a municipality's or county's zoning ordinances provide for an industrial zone, the operation of a cannabis production establishment shall be a permitted industrial use in any industrial zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one industrial zone in which the operation of a cannabis production establishment is a permitted use.
(b)If a municipality's or county's zoning ordinances provide for an agricultural zone, the operation of a cannabis production establishment shall be a permitted agricultural use in any agricultural zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one agricultural zone in which the operation of a cannabis production establishment is a permitted use.
(c)The operation of a cannabis production establishment shall be a permitted use on land that the municipality or county has not zoned.
(3)A municipality or county may not:
(a)on the sole basis that the applicant, or cannabis production establishment violates federal law regarding the legal status of cannabis, deny or revoke:
(i)a land use permit to operate a cannabis production facility; or
(ii)a business license to operate a cannabis production facility; or
(b)require a certain distance between a cannabis production establishment and:
(i)another cannabis production establishment;
(ii)a medical cannabis pharmacy;
(iii)a retail tobacco specialty business, as that term is defined in Section 26B-7-501 ; or
(iv)an outlet, as that term is defined in Section 32B-1-202 .
(a)Subject to the provisions of this section, when evaluating and approving a land use application for a cannabis production establishment:
(i)a municipality shall comply with Section 10-20-902 ; and
(ii)a county shall comply with Section 17-79-803 .
(b)An applicant for a land use permit to operate a cannabis production establishment shall comply with the land use requirements and application process described in:
(i)Title 10, Chapter 20 , Municipal Land Use, Development, and Management Act; and
(ii)Title 17, Chapter 79 , County Land Use, Development, and Management Act.
Amended by Chapter 15 , 2025 Special Session 1