40-6-2.5. Preemption.
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/ut/title-40/chapter-6/40-6-2-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 3/26/2018
40-6-2.5. Preemption.
(a)As used in this section, "oil and gas activity" means activity associated with the exploration, development, production, processing, and transportation of oil and gas as set forth in Title 40, Chapter 6, Board and Division of Oil, Gas, and Mining , including:
(i)drilling;
(ii)hydraulic fracture stimulation;
(iii)completion, maintenance, reworking, recompletion, disposal, plugging, and abandonment of wells;
(iv)construction activities;
(v)secondary and tertiary recovery techniques;
(vi)remediation activities; and
(vii)any other activity identified by the Board of Oil, Gas, and Mining.
(b)Oil and gas activity does not include any activity or authority directly authorized or granted to a political subdivision by the state.
(2)Subject to relevant federal law, regulation of oil and gas activity is of statewide concern and the state regulation of oil and gas activity occupies the whole field of potential regulation.
(3)The legislative body of a political subdivision may enact, amend, or enforce a local ordinance, resolution, or rule consistent with its general land use authority that:
(a)regulates only surface activity that is incident to an oil and gas activity;
(b)does not effectively or unduly limit, ban, or prohibit an oil and gas activity; and
(c)is not otherwise preempted by state or federal law.
Enacted by Chapter 460 , 2018 General Session