78B-6a-101. Definitions for chapter.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

As used in this chapter:

(a)"Agricultural operation" means the commercial production of crops, orchards, livestock, poultry, aquaculture, livestock products, or poultry products.

(b)"Agricultural operation" includes:

(i)the real property where the commercial production described in Subsection (1)(a) occurs;

(ii)a facility, a property, or equipment used to facilitate the commercial production described in Subsection (1)(a) ;

(iii)an agritourism activity, as defined in Section 78B-4-512 ; or

(iv)an agricultural protection area established under Title 17, Chapter 81, Agriculture, Industrial, and Critical Infrastructure Materials.

(2)"Agriculture protection area" means the same as that term is defined in Section 17-81-101 .

(3)"Controlled substance" means the same as that term is defined in Section 58-37-101 .

(4)"Critical infrastructure materials operations" means the same as the term "critical infrastructure materials use" is defined in Section 10-20-701 .

(5)"Drug nuisance" means fumes resulting from the unlawful manufacturing or the unlawful possession or use of a controlled substance that drift into a residential unit a person rents, leases, or owns, from another residential or commercial unit.

(6)"Government entity" means:

(a)the state, any county, municipality, special district, special service district, or any other political subdivision or administrative unit of the state, including state institutions of education;

(b)a federal entity or agency; or

(c)a tribal government.

(7)"Legal product" means a product for which possession generally, or by the person alleged to be causing the public nuisance, is not specifically prohibited by federal or state law.

(8)"Manufacturing facility" means a factory, plant, or other facility including its appurtenances, where the form of raw materials, processed materials, commodities, or other physical objects is converted or otherwise changed into other materials, commodities, or physical objects or where such materials, commodities, or physical objects are combined to form a new material, commodity, or physical object.

(9)"Possession or use" means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of a controlled substance, and includes individual, joint, or group possession or use of a controlled substance.

(a)"Private nuisance" means a condition arising out of the use of real property that:

(i)is injurious to health or safety, or is indecent or offensive to the senses, of an individual on an adjacent or neighboring property; or

(ii)obstructs the free use of an adjacent or neighboring property so as to interfere with the comfortable enjoyment of life or property.

(b)"Private nuisance" includes a condition that is:

(i)gambling as provided in Title 76, Chapter 9, Part 14, Gambling;

(ii)criminal activity committed in concert with two or more individuals as provided in Section 76-3-203.1 ;

(iii)criminal activity committed for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802 ;

(iv)criminal activity committed to gain recognition, acceptance, membership, or increased status with a criminal street gang as defined in Section 76-9-802 ;

(v)a party house that frequently creates a condition described in Subsection (10)(a) ;

(vi)prostitution as provided in Title 76, Chapter 5d, Prostitution;

(vii)an unsafe building or place;

(viii)the unlawful discharge of a firearm as provided in state or local law;

(ix)a drug nuisance; or

(x)a tobacco nuisance.

(c)"Private nuisance" does not include:

(i)a public nuisance;

(ii)an action or condition that is lawful; or

(iii)an action or condition that is authorized, approved, licensed, or mandated by statute, ordinance, regulation, permit, license, order, rule, or other similar measure issued, adopted, promulgated, or approved by a government entity.

(a)"Public nuisance" means:

(i)a condition arising out of the use of real property that unlawfully interferes with a public right by endangering community safety, being indecent to the community, or being offensive to the community; or

(ii)a condition that unlawfully interferes with the public right to free passage or use, in the customary manner, of a navigable lake, river, bay, stream, canal, or basin or a public park, square, street, road, or highway.

(b)"Public nuisance" does not include:

(i)an action or condition that is lawful;

(ii)an action or condition that is authorized, approved, licensed, or mandated by statute, ordinance, regulation, permit, license, order, rule, or other similar measure issued, adopted, promulgated, or approved by a government entity;

(iii)impairment of the spiritual, cultural, or emotional significance associated with a navigable lake, river, bay, stream, canal, or basin or a public park, square, street, road, or highway;

(iv)the design, manufacturing, distributing, selling, labeling, or marketing of a legal product;

(v)the aggregation of individual injuries or private rights, including a private nuisance; or

(vi)the design, manufacturing, distributing, selling, labeling, or marketing of firearms, firearm accessories, or ammunition, as defined in Section 53-5d-102 , or components of firearms, firearm accessories, or ammunition.

(12)"Residential unit" does not include:

(a)a residential rental unit available for temporary rental, such as for a vacation, or available for only 30 or fewer days at a time;

(b)a hotel or motel room; or

(c)a unit that is part of a timeshare development, as defined in Section 57-19-2 , or subject to a timeshare interest as defined in Section 57-19-2 .

(13)"Shooting range" means the same as that term is defined in Section 53-5a-701 .

(14)"Tobacco or illegal substance nuisance" means tobacco smoke that drifts into a residential unit a person rents, leases, or owns, from another residential or commercial unit and the smoke:

(a)drifts in more than once in each of two or more consecutive seven-day periods; and

(b)creates a condition described in Subsection (10)(a) .

(a)"Unlawfully interferes" means a condition that violates a statute, ordinance, regulation, permit, license, order, rule, or other similar measure issued, adopted, promulgated, or approved by a government entity.

(b)"Unlawfully interferes" includes any statute, ordinance, regulation, permit, license, order, rule, or other similar measure issued, adopted, promulgated, or approved by a government entity before, on, or after May 6, 2026.

(16)"Unsafe building or place" means a building or place where:

(a)the unlawful sale, manufacture, service, storage, distribution, dispensing, acquisition, or use occurs of any controlled substance, precursor, or analog described in Title 58, Chapter 37, Controlled Substances;

(b)gambling is permitted to be played, conducted, or dealt upon as prohibited in Title 76, Chapter 9, Part 14, Gambling, which creates a condition described in Subsection (10)(a) ;

(c)criminal activity is committed in concert with two or more individuals as described in Section 76-3-203.1 ;

(d)criminal activity is committed for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802 ;

(e)criminal activity is committed to gain recognition, acceptance, membership, or increased status with a criminal street gang as defined in Section 76-9-802 ;

(f)parties occur frequently that creates a condition described in Subsection (10)(a) ;

(g)prostitution or promotion of prostitution is regularly carried on by one or more persons as described in Title 76, Chapter 5d, Prostitution;

(h)a violation of an offense under Title 76, Chapter 11, Weapons, occurs on the premises;

(i)the unlawful discharge of a firearm, as provided in state or local law, occurs on the premises; or

(j)human trafficking occurs as described in Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling.

Renumbered and Amended by Chapter 401 , 2026 General Session