40-11-2. Preemption.
124 words·~1 min read·
/ut/title-40/chapter-11/40-11-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/4/2022
40-11-2. Preemption.
(1)Regulation of geologic carbon storage is of statewide concern and the state regulation of geologic carbon storage activity occupies the whole field of geologic carbon storage subject to:
(a)the granting of primacy over Class VI geologic sequestration wells; and
(b)relevant federal law.
(2)The legislative body of a political subdivision may enact, amend, or enforce a local ordinance, resolution, or rule consistent with the political subdivision's general land use authority that:
(a)regulates only surface activity that is incidental to geologic carbon storage activity;
(b)does not effectively or unduly limit, ban, or prohibit geologic carbon storage activity; and
(c)is not otherwise preempted by state or federal law.
Enacted by Chapter 62 , 2022 General Session