17-81 - Agriculture, Industrial, and Critical Infrastructure Materials
Title 17 > 17-81
Sections (27)
General Provisions
17-81-101 - Definitions.
As used in this chapter:
(1) “Advisory board” means:for an agriculture protection area, the agriculture protection area advisory board created as provided in Section 17-81-102;for an industrial protection area, the industrial protection area advisory board created as provided in Section 17-81-102; andfor a critical infrastructure materials protection area, the critical infrastructure materials protection area advisory board created as provided in Section 17-81-102.
(2) “Agricultural land” means the same as the term “land in agricultural use” is defined in Section 59-2-502.
(3) “Agriculture production” means production for commercial purposes of crops, livestock, and livestock products.”Agriculture production” includes the processing or retail marketing of any crops, livestock, and livestock products when more than 50% of the processed or merchandised products are produced by the farm operator.
(4) “Agriculture protection area” means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter.
(5) “Applicable legislative body” means:with respect to a proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area:the legislative body of the county in which the land proposed to be included in the relevant protection area is located, if the land is within the unincorporated part of the county; orthe legislative body of the city or town in which the land proposed to be included in the relevant protection area is located; andwith respect to an existing agriculture protection area, industrial protection area, or critical infrastructure materials protection area:the legislative body of the county in which the relevant protection area is located, if the relevant protection area is within the unincorporated part of the county; orthe legislative body of the city or town in which the relevant protection area is located.
(6) “Board” means the Board of Oil, Gas, and Mining created in Section 40-6-4.
(7) “Commercial quantities” means critical infrastructure materials:extracted or processed by a commercial enterprise in the ordinary course of business; andin a sufficient amount that the critical infrastructure materials introduction into commerce would create a reasonable expectation of profit.
(8) “Contiguous land” means surface or subsurface land that shares a common boundary and is not separated by a highway as defined in Section 41-6a-102.
(9) “Critical infrastructure materials” means sand, gravel, or rock aggregate.
(10) “Critical infrastructure materials operations” means the extraction, excavation, processing, or reprocessing of critical infrastructure materials.
(11) “Critical infrastructure materials operator” means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that:owns, controls, or manages a critical infrastructure materials operation; andhas produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations.
(12) “Critical infrastructure materials protection area” means a geographic area created under the authority of this chapter on or after May 14, 2019, that is granted the specific legal protections contained in this chapter.
(13) “Critical infrastructure materials use” means the extraction, excavation, processing, or reprocessing of critical infrastructure materials.
(14) “Crops, livestock, and livestock products” includes:land devoted to the raising of useful plants and animals with a reasonable expectation of profit, including:forages and sod crops;grains and feed crops;livestock, as that term is defined in Section 59-2-102;trees and fruits; orvegetables, nursery, floral, and ornamental stock; orland devoted to and meeting the requirements and qualifications for payments or other compensation under a crop-land retirement program with an agency of the state or federal government.
(15) “Division” means the Division of Oil, Gas, and Mining created in Section 40-6-15.
(16) “Existing legal use” means a critical infrastructure materials use that has operated in accordance with:a legal nonconforming use that has not been abandoned for more than 24 consecutive months; ora permit issued by the applicable political subdivision.
(17) “Industrial protection area” means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter.
(18) “Mine operator” means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that, before January 1, 2019:owns, controls, or manages a mining use under a large mine permit issued by the division or the board; andhas produced commercial quantities of a mineral deposit from the mining use.
(19) “Mineral deposit” means the same as that term is defined in Section 40-8-4.
(20) “Mining protection area” means land where a vested mining use occurs, including each surface or subsurface land or mineral estate that a mine operator with a vested mining use owns or controls on January 1, 2026.
(21) “Mining use”:means:the full range of activities, from prospecting and exploration to reclamation and closure, associated with the exploitation of a mineral deposit; andthe use of the surface and subsurface and groundwater and surface water of an area in connection with the activities described in Subsection (21)(a)(i) that have been, are being, or will be conducted; andincludes, whether conducted on-site or off-site:any sampling, staking, surveying, exploration, or development activity;any drilling, blasting, excavating, or tunneling;the removal, transport, treatment, deposition, and reclamation of overburden, development rock, tailings, and other waste material;any removal, transportation, extraction, beneficiation, or processing of ore;any smelting, refining, autoclaving, or other primary or secondary processing operation;the recovery of any mineral left in residue from a previous extraction or processing operation;a mining activity that is identified in a work plan or permitting document;the use, operation, maintenance, repair, replacement, or alteration of a building, structure, facility, equipment, machine, tool, or other material or property that results from or is used in a surface or subsurface mining operation or activity;any accessory, incidental, or ancillary activity or use, both active and passive, including a utility, private way or road, pipeline, land excavation, working, embankment, pond, gravel excavation, mining waste, conveyor, power line, trackage, storage, reserve, passive use area, buffer zone, and power production facility;the construction of a storage, factory, processing, or maintenance facility; andan activity described in Subsection 40-8-4(19)(a).
(22) “Municipal” means of or relating to a city or town.”Municipality” means a city or town.
(23) “New land” means surface or subsurface land or mineral estate that a mine operator gains ownership or control of, whether that land or mineral estate is included in the mine operator’s large mine permit.
(24) “Off-site” means the same as that term is defined in Section 40-8-4.
(25) “On-site” means the same as that term is defined in Section 40-8-4.
(26) “Open land” means land that is:preserved in or restored to a predominantly natural, open, and undeveloped condition; andused for:wildlife habitat;cultural or recreational use;watershed protection; oranother use consistent with the preservation of the land in, or restoration of the land to, a predominantly natural, open, and undeveloped condition.”Open land” includes land described in Subsection (26)(a) that contains facilities, including trails, waterways, and grassy areas, that, in the judgment of the county legislative body:enhance the natural, scenic, or aesthetic qualities of the land; orfacilitate the public’s access to, or use of, the land for the enjoyment of the land’s natural, scenic, or aesthetic qualities and for compatible recreational activities.”Open land” does not include land whose predominant use is as a developed facility for active recreational activities played on fields or courses, including baseball, tennis, soccer, golf, or other sporting or similar activities.
(27) “Planning commission” means:a countywide planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within the unincorporated part of the county and not within a planning advisory area;a planning advisory area planning commission if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a planning advisory area; ora planning commission of a city or town if the land proposed to be included in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is within a city or town.
(28) “Political subdivision” means a county, city, town, school district, special district, or special service district.
(29) “Proposal sponsors” means the owners of land in agricultural production, industrial use, or critical infrastructure materials operations who are sponsoring the proposal for creating an agriculture protection area, industrial protection area, or critical infrastructure materials protection area.
(30) “Public land county” means a county in which over 50% of the land area is publicly owned.
(31) “Rollback tax funds” means the rollback taxes or in lieu fee payments paid to a county in accordance with Sections 59-2-506, 59-2-511, 59-2-1705, and 59-2-1710.
(32) “State agency” means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.
(33) “Unincorporated” means not within a city or town.
(34) “Vested critical infrastructure materials use” means a critical infrastructure materials operations use by a critical infrastructure materials operator that is an existing legal use.
(35) “Vested mining use” means a mining use:by a mine operator; andthat existed or was conducted or otherwise engaged in before a political subdivision prohibits, restricts, or otherwise limits a mining use.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-102 - Protection area advisory board.
(1) A county legislative body shall appoint no more than five members from the county’s conservation district board of supervisors to serve as the agriculture protection area advisory board.A county legislative body shall appoint an industrial protection area advisory board.Subject to Subsection (1)(b), a county legislative body shall form a critical infrastructure materials protection area advisory board that consists of:the executive director of the Department of Transportation, or the executive director’s designee;a local government elected official appointed by the county legislative body;a representative of a local highway authority appointed by the county legislative body;a representative of the critical infrastructure materials industry appointed by the county legislative body; anda representative of the construction industry appointed by the county legislative body.A county legislative body may appoint an advisory board before or after a proposal to create an agriculture protection area or industrial protection area is filed.A county legislative body shall appoint a critical infrastructure materials protection area advisory board only after a proposal to create a critical infrastructure materials protection area is filed.
(2) A member of an advisory board shall serve without salary, but a county legislative body may reimburse members for expenses incurred in the performance of the member’s duties.
(3) An advisory board shall:evaluate proposals for the establishment of the relevant protection areas and make recommendations to the applicable legislative body about whether the proposal should be accepted;provide expert advice to the planning commission and to the applicable legislative body about:the desirability of the proposal;the nature of agricultural production, industrial use, or critical infrastructure materials operations, as the case may be, within the proposed area;the relation of agricultural production, industrial use, or critical infrastructure materials operations, as the case may be, in the area to the county as a whole; andwhich agriculture production, industrial use, or critical infrastructure materials operations, should be allowed within the relevant protection area; andperform the other duties required by this chapter.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-103 - Applicability.
(1) A person or entity that wishes to propose the creation of a protection area within the boundaries of a municipality and ensure the subsequent protection and management of a created protection area shall, in accordance with Section 10-7-88, comply with the following provisions the same as if the protection area is located on unincorporated county land:Section 17-81-101, Definitions;Part 2, Proposal and Approval of Protection Area;Part 3, Protection of Land in a Protection Area;Part 4, Vested Mining Use; andPart 5, Open Land and Working Agricultural Land Use.
(2) In accordance with Section 10-7-88, a municipality shall comply with the following provisions the same as if the municipality were a county:Section 17-81-101, Definitions;Part 2, Proposal and Approval of Protection Area;Part 3, Protection of Land in a Protection Area;Part 4, Vested Mining Use; andPart 5, Open Land and Working Agricultural Land Use.
(3) The provisions of Chapter 79, County Land Use, Development, and Management Act, also apply to Part 6, Large Concentrated Animal Feeding Operations, and Part 7, Vested Critical Infrastructure Materials Operations.
Enacted by Chapter 14, 2025 Special Session 1
Proposal and Approval of a Protection Area
17-81-201 - Proposal for creation of a protection area.
(1) A proposal to create an agriculture protection area, an industrial protection area, or critical infrastructure materials protection area may be filed with the legislative body of the county in which the area is located, if the area is within the unincorporated part of a county.A proposal to create a critical infrastructure protection area can only be initiated by the legislative body of the municipality or county.Creation of a critical infrastructure materials protection area is a legislative act.To be accepted for processing by the legislative body, a proposal under Subsection (1)(a) shall be signed by a majority in number of all owners of real property and the owners of a majority of the land area in agricultural production, industrial use, or critical infrastructure materials operations within the proposed relevant protection area.For purposes of Subsection (1)(c)(i), the owners of real property shall be determined by the records of the county recorder.
(2) The proposal shall identify:the boundaries of the land proposed to become part of the relevant protection area;any limits on the types of agriculture production, industrial use, or critical infrastructure materials operations to be allowed within the relevant protection area; andfor each parcel of land:the names of the owners of record of the land proposed to be included within the relevant protection area;the tax parcel number or account number identifying each parcel; andthe number of acres of each parcel.
(3) An agriculture protection area, industrial protection area, or critical infrastructure materials protection area may include within the protection area boundaries land used for a roadway, dwelling site, park, or other nonagricultural use, in the case of an industrial protection area, nonindustrial use, or in the case of a critical infrastructure materials protection area, use unrelated to critical infrastructure materials operations, if that land constitutes a minority of the total acreage within the relevant protection area.
(4) An agricultural protection area may include within the boundaries of the agricultural protection area an agritourism activity, as defined in Section 78B-4-512.
(5) A county legislative body may establish:the manner and form for submission of proposals for the creation of a protection area; andreasonable fees for accepting and processing the proposal for the creation of a protection area.
(6) A legislative body shall establish the minimum number of continuous acres that shall be included in an agriculture protection area, industrial protection area, or critical infrastructure materials protection area for the legislative body to approve a proposal filed with the legislative body under this section.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-202 - Notice of proposal for creation of protection area — Responses.
(1) An applicable legislative body shall provide notice of the proposal, as a class B notice under Section 63G-30-102, for at least 15 days.A legislative body shall provide the notice described in Subsection (1)(a) for the geographic boundaries of the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area, and the area that extends 1,000 feet beyond the geographic boundaries of the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area.
(2) The notice shall contain:a statement that a proposal for the creation of an agriculture protection area, industrial protection area, or critical infrastructure materials protection area has been filed with the applicable legislative body;a statement that the proposal will be open to public inspection in the office of the applicable legislative body;a statement that any person affected by the establishment of the area may, within 15 days of the date of the notice, file with the applicable legislative body:written objections to the proposal; ora written request to modify the proposal to exclude land from or add land to the proposed protection area;a statement that the applicable legislative body will submit the proposal to the advisory committee and to the planning commission for review and recommendations;a statement that the applicable legislative body will hold a public hearing to discuss and hear public comment on:the proposal to create the agriculture protection area, industrial protection area, or critical infrastructure materials protection area;the recommendations of the advisory committee and planning commission; andany requests for modification of the proposal and any objections to the proposal; anda statement indicating the date, time, and place of the public hearing.
(3) A person wishing to modify the proposal for the creation of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area shall, within 15 days after the date of the notice, file a written request for modification of the proposal, which identifies specifically the land that should be added to or removed from the proposal.A person wishing to object to the proposal for the creation of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area shall, within 15 days after the date of the notice, file a written objection to the creation of the relevant protection area.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-203 - Review of proposal for creation of protection area.
(1) After 15 days from the date of the notice, the applicable legislative body shall refer the proposal and any objections and proposed modifications to the proposal to the: county advisory board created in accordance with Section 17-81-102; andplanning commission.
(2) Within 45 days after receipt of the proposal, the planning commission shall submit a written report to the applicable legislative body that:analyzes and evaluates the effect of the creation of the proposed area on the planning policies and objectives of the county or municipality, as the case may be;analyzes and evaluates the proposal by applying the criteria contained in Section 17-81-205;recommends any modifications to the land to be included in the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area;analyzes and evaluates any objections to the proposal; andincludes a recommendation to the applicable legislative body either to accept, accept and modify, or reject the proposal.Within 45 days after receipt of the proposal, the advisory board shall submit a written report to the applicable legislative body that:recommends any modifications to the land to be included in the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area;analyzes and evaluates the proposal by applying the criteria contained in Section 17-41-305;analyzes and evaluates any objections to the proposal; andincludes a recommendation to the applicable legislative body either to accept, accept and modify, or reject the proposal.The applicable legislative body shall consider a failure of the planning commission or advisory committee to submit a written report within the 45 days under Subsection (2)(a) or (b) as a recommendation of that committee to approve the proposal as submitted.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-204 - Public hearing — Notice — Review and action on proposal.
(1) After receipt of the written reports from the advisory committee and planning commission, or after the 45 days have expired, whichever is earlier, the legislative body shall:schedule a public hearing;provide notice of the public hearing for the geographic area described in Subsection 17-81-202(1)(b), as a class B notice under Section 63G-30-102, for at least seven days; andensure that the notice includes:the time, date, and place of the public hearing on the proposal;a description of the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area;any proposed modifications to the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area;a summary of the recommendations of the advisory committee and planning commission; anda statement that interested persons may appear at the public hearing and speak in favor of or against the proposal, any proposed modifications to the proposal, or the recommendations of the advisory committee and planning commission.
(2) The applicable legislative body shall:convene the public hearing at the time, date, and place specified in the notice; andtake oral or written testimony from interested persons.
(3) Within 120 days of the submission of the proposal, the applicable legislative body shall approve, modify and approve, or reject the proposal.The creation of an agriculture protection area, industrial protection area, or critical infrastructure materials protection area is effective at the earlier of:the applicable legislative body’s approval of a proposal or modified proposal; or120 days after submission of a proposal complying with Subsection 17-41-301(2) if the applicable legislative body has failed to approve or reject the proposal within that time.Notwithstanding Subsection (3)(b), a critical infrastructure materials protection area is effective only if the applicable legislative body, at the legislative body’s discretion, approves a proposal or modified proposal.
(4) To give constructive notice of the existence of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area to all persons who have, may acquire, or may seek to acquire an interest in land in or adjacent to the relevant protection area within 10 days of the creation of the relevant protection area, the applicable legislative body shall file an executed document containing a legal description of the relevant protection area with:the county recorder; andthe affected planning commission.If the legal description of the property to be included in the relevant protection area is available through the county recorder’s office, the applicable legislative body shall use that legal description in the executed document required in Subsection (4)(a).
(5) Within 10 days of the recording of the agriculture protection area, the applicable legislative body shall:send written notification to the commissioner of agriculture and food that the agriculture protection area has been created; andinclude in the notification:the number of landowners owning land within the agriculture protection area;the total acreage of the area;the date of approval of the area; andthe date of recording.
(6) The applicable legislative body’s failure to record the notice required under Subsection (4) or to send the written notification under Subsection (5) does not invalidate the creation of an agriculture protection area.
(7) The applicable legislative body may consider the cost of recording notice under Subsection (4) and the cost of sending notification under Subsection (5) in establishing a fee under Subsection 17-41-301(4)(b).
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-205 - Criteria to be applied in evaluating a proposal for the creation of a protection area.
In evaluating a proposal and in determining whether or not to create or recommend the creation of an agriculture protection area, industrial protection area, or critical infrastructure materials protection area, the advisory committee, planning commission, and applicable legislative body shall apply the following criteria:
(1) whether or not the land is currently being used for agriculture production, industrial use, or critical infrastructure materials operations, as the case may be;
(2) whether or not the land is zoned for agriculture use, industrial use, or critical infrastructure materials operations, as the case may be;
(3) whether or not the land is viable for agriculture production, industrial use, or critical infrastructure materials operations, as the case may be;
(4) for an agriculture protection area, the extent and nature of existing or proposed farm improvements;for an industrial protection area, the extent and nature of existing or proposed improvements to or expansion of the industrial use; orfor a critical infrastructure materials protection area, the extent and nature of existing or proposed improvements to or expansion of critical infrastructure materials operations; and
(5) in the case of an agriculture protection area, anticipated trends in agricultural and technological conditions;in the case of an industrial protection area, anticipated trends in technological conditions applicable to the industrial use of the land in question; orin the case of a critical infrastructure materials protection area, anticipated trends in technological conditions applicable to the critical infrastructure materials operations of the land in question.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-206 - Adding land to or removing land from a protection area — Removing land from a mining protection area.
(1) Any owner may add land to an existing agriculture protection area, industrial protection area, critical infrastructure materials protection area, as the case may be, by:filing a proposal with:the county legislative body, if the relevant protection area and the land to be added are within the unincorporated part of the county; orthe municipal legislative body, if the relevant protection area and the land to be added are within a city or town; andobtaining the approval of the applicable legislative body for the addition of the land to the relevant protection area.The applicable legislative body shall:comply with the provisions for creating an agriculture protection area, industrial protection area, critical infrastructure materials protection area, as the case may be, in determining whether to accept the proposal; andfor purposes of a critical infrastructure materials protection area, request a copy of the applicable Division of Air Quality approval order.The applicable legislative body may deny the expansion if expansion is contrary to the Division of Air Quality’s approval order.
(2) An owner of land within an agriculture protection area, industrial protection area, or critical infrastructure materials protection area may remove any or all of the owner’s land from the relevant protection area, by filing a petition for removal with the applicable legislative body.The applicable legislative body:shall:grant the petition for removal of land from the relevant protection area, even if removal of the land would result in an agriculture protection area, industrial protection area, or critical infrastructure materials protection area of less than the number of acres established by the applicable legislative body as the minimum under Section 17-41-301; andto give constructive notice of the removal to all persons who have, may acquire, or may seek to acquire an interest in land in or adjacent to the agriculture protection area, industrial protection area, or critical infrastructure materials protection area and the land removed from the relevant protection area, file a legal description of the revised boundaries of the relevant protection area with the county recorder of deeds and the affected planning commission; andmay not charge a fee in connection with a petition to remove land from an agriculture protection area, an industrial protection area, or critical infrastructure materials protection area.If a petition to remove land in a protection area is granted, the remaining land in the agriculture protection area, industrial protection area, or critical infrastructure materials protection area is still an agriculture protection area, industrial protection area, or critical infrastructure materials protection area.A critical infrastructure materials operator may abandon some or all of the operator’s critical infrastructure materials operations use only as provided in this Subsection (2)(b)(iii).To abandon some or all of a critical infrastructure materials operations, a critical infrastructure materials operator shall record a written declaration of abandonment with the county recorder of the county in which the critical infrastructure materials operations being abandoned is located.The written declaration of abandonment under this Subsection (2)(b)(iii) shall specify the critical infrastructure materials operations or the portion of the critical infrastructure materials operations being abandoned.
(3) If a municipality annexes any land that is part of an agriculture protection area, industrial protection area, or critical infrastructure materials protection area located in the unincorporated part of the county, the county legislative body shall, within 30 days after the land is annexed, review the feasibility of that land remaining in the relevant protection area according to the procedures and requirements of Section 17-81-207.The county legislative body shall remove the annexed land from the relevant protection area if:the county legislative body concludes, after the review under Section 17-81-207, that removal is appropriate; andthe owners of all the annexed land that is within the relevant protection area consent in writing to the removal.Removal of land from an agriculture protection area, industrial protection area, or critical infrastructure materials protection area under this Subsection (3) does not affect whether that land may be:included in a proposal under Section 17-81-201 to create an agriculture protection area, industrial protection area, or critical infrastructure materials protection area within the municipality; oradded to an existing agriculture protection area, industrial protection area, or critical infrastructure materials protection area within the municipality under Subsection (1).
(4) A mine operator that owns or controls land within a mining protection area may remove any or all of the land from the mining protection area by filing a notice of removal with the legislative body of the county in which the land is located.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-207 - Review of protection areas.
(1) In the 20th calendar year after the creation of a protection area under this part, an agriculture protection area, industrial protection area, or critical infrastructure materials protection area, shall be reviewed, under the provisions of this section, by:the county legislative body, if the relevant protection area is within the unincorporated part of the county; orthe municipal legislative body, if the relevant protection area is within the municipality.
(2) In the 20th year, the applicable legislative body may:request the planning commission and advisory board to submit recommendations about whether the agriculture protection area, industrial protection area, or critical infrastructure materials protection area, as the case may be, should be continued, modified, or terminated;at least 120 days before the end of the calendar year, hold a public hearing to discuss whether the relevant protection area, should be continued, modified, or terminated;give notice of the hearing using the same procedures required by Section 17-81-202; andafter the public hearing, continue, modify, or terminate the relevant protection area.If the applicable legislative body modifies or terminates the agriculture protection area, industrial protection area, or critical infrastructure materials protection area, the applicable legislative body shall file an executed document containing the legal description of the relevant protection area, with the county recorder.
(3) If the applicable legislative body fails affirmatively to continue, modify, or terminate the agriculture protection area, industrial protection area, or critical infrastructure materials protection area, as the case may be, in the 20th calendar year, the relevant protection area is considered to be reauthorized for another 20 years.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
Protection of Land in a Protection Area
17-81-301 - Farmland Assessment Act benefits not affected.
(1) Creation of an agriculture protection area may not impair the ability of land within the area to obtain the benefits of Title 59, Chapter 2, Part 5, Farmland Assessment Act.
(2) The eligibility of land for the benefits of Title 59, Chapter 2, Part 5, Farmland Assessment Act, shall be determined exclusively by the provisions of that act, notwithstanding the land’s location within an agriculture protection area.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-302 - Limitations on local regulations.
(1) Except as provided in Subsection (1)(b), a political subdivision within which an agriculture protection area, industrial protection area, or critical infrastructure materials protection area is created or with a mining protection area within the political subdivision’s boundary shall encourage the continuity, development, and viability of agriculture use, industrial use, critical infrastructure materials operations, or mining use, within the relevant protection area by not enacting a local law, ordinance, or regulation that would unreasonably restrict:in the case of an agriculture protection area, a farm structure or farm practice;in the case of an industrial protection area, an industrial use of the land within the area;in the case of a critical infrastructure materials protection area, critical infrastructure materials operations; orin the case of a mining protection area, a mining use within the protection area.Subsection (1)(a) does not restrict the ability of a political subdivision to enact a local law, ordinance, or regulation that bears a direct relationship to public health or safety.
(2) A political subdivision may not change the zoning designation of or a zoning regulation affecting land within an agriculture protection area unless the political subdivision receives written approval for the change from all the landowners within the agriculture protection area affected by the change.
(3) Except as provided by Section 19-4-113, a political subdivision may not change the zoning designation of or a zoning regulation affecting land within an industrial protection area unless the political subdivision receives written approval for the change from all the landowners within the industrial protection area affected by the change.
(4) A political subdivision may not change the zoning designation of or a zoning regulation affecting land within a critical infrastructure materials protection area unless the political subdivision receives written approval for the change from each critical infrastructure materials operator within the relevant area.
(5) A political subdivision may not change the zoning designation of or a zoning regulation affecting land within a mining protection area unless the political subdivision receives written approval for the change from each mine operator within the area.
(6) A county, city, or town may not:adopt, enact, or amend an existing land use regulation, ordinance, or regulation that would prohibit, restrict, regulate, or otherwise limit critical infrastructure materials operations with a vested critical infrastructure materials use as defined in Section 10-20-701 or 17-81-101; orinitiate proceedings to amend the county’s, city’s, or town’s land use ordinances as described in Subsection 10-20-902(1)(a)(ii) or 17-79-803(1)(a)(ii) as the land use ordinance regards the rights of a critical infrastructure materials operator with a vested critical infrastructure materials use.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-303 - Limits on political subdivisions with respect to a vested mining use — Exception.
(1) A political subdivision may not:terminate a vested mining use, whether by amortization, the exercise of police power, or otherwise;prohibit, restrict, or otherwise limit a mine operator with a vested mining use from exercising the rights permitted under this chapter;require, for a vested mining use:a variance;a conditional use permit;a special exception;the establishment or determination of a nonconforming use right; orany other type of zoning or land use permit; orprohibit, 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
17-81-304 - Nuisances.
(1) A political subdivision shall ensure that any of the political subdivision’s laws or ordinances that define or prohibit a public nuisance exclude from the definition or prohibition:for an agriculture protection area, any agricultural activity or operation within an agriculture protection area conducted using sound agricultural practices unless that activity or operation bears a direct relationship to public health or safety;for an industrial protection area, any industrial use of the land within the industrial protection area that is consistent with sound practices applicable to the industrial use, unless that use bears a direct relationship to public health or safety; orfor a critical infrastructure materials protection area, any critical infrastructure materials operations on the land within the critical infrastructure materials protection area that is consistent with sound practices applicable to the critical infrastructure materials operations, unless that use bears a direct relationship to public health or safety.
(2) In a civil action for nuisance or a criminal action for public nuisance under Section 76-9-1301, it is a complete defense if the action involves agricultural activities and:those agricultural activities were:conducted within an agriculture protection area; andnot in violation of any federal, state, or local law or regulation relating to the alleged nuisance or were conducted according to sound agricultural practices; ora defense under Section 4-44-201 applies.
(3) A vested mining use undertaken in conformity with applicable federal and state law and regulations is presumed to be operating within sound mining practices.A vested mining use that is consistent with sound mining practices:is presumed to be reasonable; andmay not constitute a private or public nuisance under Section 76-9-1301.A vested mining use in operation for more than three years may not be considered to have become a private or public nuisance because of a subsequent change in the condition of land within the vicinity of the vested mining use.
(4) The county recorder shall, from time to time, ensure compliance with Section 17-79-716 in regard to subdivision development near a protection area.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-305 - Eminent domain restrictions — Notice of hearing.
(1) A political subdivision having or exercising eminent domain powers may not condemn for any purpose any land within an agriculture protection area that is being used for agricultural production, land within an industrial protection area that is being put to an industrial use, or land within a critical infrastructure materials protection area, unless the political subdivision obtains approval, according to the procedures and requirements of this section, from the applicable legislative body and the advisory board.
(2) Any condemnor wishing to condemn property within an agriculture protection area, industrial protection area, or critical infrastructure materials protection area shall file a notice of condemnation with the applicable legislative body and the relevant protection area’s advisory board at least 30 days before filing an eminent domain complaint.
(3) The applicable legislative body and the advisory board shall:hold a joint public hearing on the proposed condemnation at a location within the county in which the relevant protection area is located; andpublish notice of the time, date, place, and purpose of the public hearing for the relevant protection area, as a class A notice under Section 63G-30-102, for at least seven days.
(4) If the condemnation is for highway purposes or for the disposal of solid or liquid waste materials, the applicable legislative body and the advisory board may approve the condemnation only if there is no reasonable and prudent alternative to the use of the land within the agriculture protection area, industrial protection area, or critical infrastructure materials protection area for the project.If the condemnation is for any other purpose, the applicable legislative body and the advisory board may approve the condemnation only if:the proposed condemnation would not have an unreasonably adverse effect upon the preservation and enhancement of:agriculture within the agriculture protection area;the industrial use within the industrial protection area; orcritical infrastructure materials operations within the critical infrastructure materials protection area; orthere is no reasonable and prudent alternative to the use of the land within the relevant protection area for the project.
(5) Within 60 days after receipt of the notice of condemnation, the applicable legislative body and the advisory board shall approve or reject the proposed condemnation.If the applicable legislative body and the advisory board fail to act within the 60 days or such further time as the applicable legislative body establishes, the condemnation shall be considered rejected.
(6) The applicable legislative body or the advisory board may request the county or municipal attorney to bring an action to enjoin any condemnor from violating any provisions of this section.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-306 - Policy of state agencies.
A state agency shall encourage the continuity, development, and viability of agriculture within agriculture protection areas, industrial uses with industrial protection areas, and critical infrastructure materials operations within critical infrastructure protection areas by:
(1) not enacting rules that would impose unreasonable restrictions on farm structures or farm practices within the agriculture protection area, on industrial uses and practices within the industrial protection area, or on critical infrastructure materials operations with a critical infrastructure materials protection area, unless those laws, ordinances, or regulations bear a direct relationship to public health or safety or are required by federal law; and
(2) modifying existing rules that would impose unreasonable restrictions on farm structures or farm practices within the agriculture protection area, on industrial uses and activities within the industrial protection area, or on critical infrastructure materials operations within a critical infrastructure materials protection area, unless those laws, ordinances, or regulations bear a direct relationship to public health or safety or are required by federal law.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-307 - Restrictions on state development projects.
(1) A state agency that plans any development project that might affect land within an agriculture protection area, industrial protection area, or critical infrastructure materials protection area, shall submit the state agency’s development plan to:the advisory board of the relevant protection area; andin the case of an agriculture protection area, the commissioner of agriculture and food.
(2) The commissioner of agriculture and food, in the case of an agriculture protection area, and the advisory board shall:review the state agency’s proposed development plan; andrecommend any modifications to the development project that would protect the integrity of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area, as the case may be, or that would protect the agriculture protection area from nonfarm encroachment, the industrial protection area from nonindustrial encroachment, or the critical infrastructure materials protection area from encroachment of uses unrelated to critical infrastructure materials operations.
(3) A state agency and political subdivision of the state that designates or proposes to designate a transportation corridor shall:consider:whether the transportation corridor would:be located on land that is included within an agriculture protection area; orinterfere with agriculture production activities on land within an agriculture protection area; andeach other reasonably comparable alternative to the placement of the corridor on land within an agriculture protection area; andmake reasonable efforts to minimize or eliminate any detrimental impact on agriculture that may result from the designation of a transportation corridor.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
Vested Mining Use
17-81-401 - Vested mining use — Conclusive presumption.
(1) A mining use is conclusively presumed to be a vested mining use if the mining use existed or was conducted or otherwise engaged in before a political subdivision prohibits, restricts, or otherwise limits the mining use.Anyone claiming that a vested mining use has not been established has the burden of proof to show by clear and convincing evidence that the vested mining use has not been established.
(2) A vested mining use:runs with the land; andmay be changed to another mining use without losing its status as a vested mining use.
(3) The present or future boundary described in the large mine permit of a mine operator with a vested mining use does not limit:the scope of the mine operator’s rights under this chapter; orthe protection that this chapter provides for a mining protection area.
(4) A mine operator with a vested mining use shall file a declaration for recording in the office of the recorder of the county in which the vested mining use is located.A declaration under Subsection (4)(a) shall:contain a legal description of the land included within the vested mining use; andprovide notice of the vested mining use.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-402 - Rights of a mine operator with a vested mining use — Expanding vested mining use.
(1) Notwithstanding a political subdivision’s prohibition, restriction, or other limitation on a mining use adopted after the establishment of the mining use, the rights of a mine operator with a vested mining use include the rights to:progress, extend, enlarge, grow, or expand the vested mining use to any surface or subsurface land or mineral estate that the mine operator owns or controls;expand the vested mining use to any new land that:is contiguous and related in mineralization to surface or subsurface land or a mineral estate that the mine operator already owns or controls;contains minerals that are part of the same mineral trend as the minerals that the mine operator already owns or controls; oris a geologic offshoot to surface or subsurface land or a mineral estate that the mine operator already owns or controls;use, operate, construct, reconstruct, restore, extend, expand, maintain, repair, alter, substitute, modernize, upgrade, and replace equipment, processes, facilities, and buildings on any surface or subsurface land or mineral estate that the mine operator owns or controls;increase production or volume, alter the method of mining or processing, and mine or process a different or additional mineral than previously mined or owned on any surface or subsurface land or mineral estate that the mine operator owns or controls; anddiscontinue, suspend, terminate, deactivate, or continue and reactivate, temporarily or permanently, all or any part of the mining use.
(2) As used in this Subsection (2), “applicable legislative body” means the legislative body of each:county in whose unincorporated area the new land to be included in the vested mining use is located; andmunicipality in which the new land to be included in the vested mining use is located.A mine operator with a vested mining use is presumed to have a right to expand the vested mining use to new land.Before expanding a vested mining use to new land, a mine operator shall provide written notice:of the mine operator’s intent to expand the vested mining use; andto each applicable legislative body.An applicable legislative body shall:hold a public meeting or hearing at its next available meeting that is more than 10 days after receiving the notice under Subsection (2)(c); andprovide reasonable, advance, written notice:of:the intended expansion of the vested mining use; andthe public meeting or hearing; andto each owner of the surface estate of the new land.A public meeting or hearing under Subsection (2)(d)(i) serves to provide sufficient public notice of the mine operator’s intent to expand the vested mining use to the new land.After the public meeting or hearing under Subsection (2)(d)(ii), a mine operator may expand a vested mining use to new land without any action by an applicable legislative body, unless the applicable legislative body finds that there is clear and convincing evidence in the record that the expansion to new land will imminently endanger the public health, safety, and welfare. If the applicable legislative body makes the finding of endangerment described in this Subsection (2)(e), Subsection (4) applies.
(3) If a mine operator expands a vested mining use to new land, as authorized under this section:the mine operator’s rights under the vested mining use with respect to land on which the vested mining use occurs apply with equal force after the expansion to the new land; andthe mining protection area that includes land on which the vested mining use occurs is expanded to include the new land.
(4) If the applicable legislative body makes the finding of endangerment described in Subsection (2)(e):the mining operator shall submit to the applicable legislative body the mining operator’s plan for expansion under this section;by no later than 30 days after receipt of the plan for expansion described in Subsection (4)(a)(i), the applicable legislative body shall notify the operator of:evidence that the expansion to new land will endanger the public health, safety, and welfare; andproposed measures to mitigate the endangerment of the public health, safety, and welfare; andthe applicable legislative body shall hold a public hearing by no later than 30 days after the date the applicable legislative body complies with Subsection (4)(a)(ii) to present mitigation measures proposed under Subsection (4)(a)(ii).The applicable legislative body may impose mitigation measures under this Subsection (4) that are reasonable and do not exceed requirements imposed by permits issued by a state agency such as an air quality permit.A political subdivision may not prohibit the expansion of a vested mining use if the mining operator agrees to comply with the mitigation measures described in Subsection (4)(b).The process under this Subsection (4) is not a land use application or conditional use application under TitleTitle 10, Chapter 20, Municipal Land Use, Development, and Management Act, or Chapter 79, County Land Use, Development, and Management Act.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-403 - Abandonment of a vested mining use.
(1) A mine operator may abandon some or all of a vested mining use only as provided in this section.
(2) To abandon some or all of a vested mining use, a mine operator shall record a written declaration of abandonment with the recorder of the county in which the vested mining use being abandoned is located.
(3) The written declaration of abandonment under Subsection (2) shall specify the vested mining use or the portion of the vested mining use being abandoned.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
Open Land and Working Agricultural Land Use
17-81-501 - Use of money — Criteria — Administration.
(1) The county treasurer shall deposit 100% of the rollback tax funds into an account or fund of the county set aside for preserving or restoring open land and agricultural land.
(2) The rollback funds:may be used to establish a conservation easement under Title 57, Chapter 18, Land Conservation Easement Act, or to fund similar methods to preserve open land or agricultural land; andif the property to be purchased is in a public land county, may not be used to purchase a fee interest in real property to preserve open land or agricultural land, unless, the governmental entity purchasing the property contemporaneously transfers to the private ownership real property, in the same public land county, that is roughly equivalent in size to the property to be purchased.
(3) Eminent domain may not be used or threatened in connection with any purchase using the rollback tax funds.
(4) The funds collected by the account or fund of the county may roll over from year-to-year, except that if the county does not spend, or obligate, 100% of the rollback tax funds for a purpose described in Subsection (2) within 10 years after the year in which the county collects the rollback tax funds, the county shall pay the balance to the LeRay McAllister Working Farm and Ranch Fund created in Section 4-46-301.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
Large Concentrated Animal Feeding Operations
17-81-601 - Definitions.
(1) “Animal feeding operation” means a lot or facility where the following conditions are met:animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; andcrops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.
(2) “Commercial enterprise” means a building:used as a part of a business that manufactures goods, delivers services, or sells goods or services;customarily and regularly used by the general public during the entire calendar year; andconnected to electric or water systems.”Commercial enterprise” does not include an agriculture operation.
(3) “County large concentrated animal feeding operation land use ordinance” means an ordinance adopted in accordance with Section 17-81-602.
(4) “Education institution” means a building in which any part is used:for more than three hours each weekday during a school year as a public or private:elementary school;secondary school; orkindergarten;by an institution of higher education as defined in Section 53H-1-101; orby a private institution of higher education in the state accredited by a regional or national accrediting agency recognized by the United States Department of Education.
(5) “Health care facility” means the same as that term is defined in Section 26B-2-201.
(6) “Large concentrated animal feeding operation” means an animal feeding operation that stables or confines as many as or more than the numbers of animals specified in any of the following categories:700 mature dairy cows, whether milked or dry;1,000 veal calves;1,000 cattle other than mature dairy cows or veal calves, with “cattle” including heifers, steers, bulls, and cow calf pairs;2,500 swine each weighing 55 pounds or more;10,000 swine each weighing less than 55 pounds;500 horses;10,000 sheep or lambs;55,000 turkeys;30,000 laying hens or broilers, if the animal feeding operation uses a liquid manure handling system;125,000 chickens, other than laying hens, if the animal feeding operation uses other than a liquid manure handling system;82,000 laying hens, if the animal feeding operation uses other than a liquid manure handling system;30,000 ducks, if the animal feeding operation uses other than a liquid manure handling system; or5,000 ducks, if the animal feeding operation uses a liquid manure handling system.
(7) “Manure” includes manure, bedding, compost, a raw material, or other material commingled with manure or set aside for disposal.
(8) “Public area” means land that:is owned by the federal government, the state, or a political subdivision with facilities that attract the public to congregate and remain in the area for significant periods of time;is part of a public park, preserve, or recreation area that is owned or managed by the federal government, the state, a political subdivision, or a nongovernmental entity; andhas a cultural, archaeological, scientific, or historic significance or contains a rare or valuable ecological system, including a site recognized as a National Historic Landmark or Site; oris a cemetery.
(9) “Religious institution” means a building and grounds used at least monthly for religious services or ceremonies.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-602 - County adoption of a county large concentrated animal feeding operation land use ordinance.
(1) The legislative body of a county desiring to restrict siting of large concentrated animal feeding operations shall adopt a county large concentrated animal feeding operation land use ordinance in accordance with this part by no later than February 1, 2022.A county may consider an application to locate large concentrated animal feeding operations in the county before the county adopts the county large concentrated animal feeding operation land use ordinance under this part.
(2) A county large concentrated animal feeding operation land use ordinance described in Subsection (1) shall:designate geographic areas of sufficient size to support large concentrated animal feeding operations, including state trust lands described in Subsection 53C-1-103(8) and private property within the county, including adopting a map described in Section 17-81-603;establish requirements and procedures for applying for a land use decision that provides a reasonable opportunity to operate large concentrated animal feeding operations within the geographic area described in Subsection (2)(a);disclose fees imposed to apply for the land use decision described in Subsection (2)(b);disclose any requirements in addition to fees described in Subsection (2)(c) to be imposed by the county; andprovide for administrative remedies consistent with this chapter.
(3) This part does not authorize a county to regulate the operation of large concentrated animal feeding operations in any way that conflicts with state or federal statutes or regulations.Nothing in this part supersedes or authorizes enactment of an ordinance that infringes on Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas, or Title 4, Chapter 44, Agricultural Operations Nuisances Act.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-603 - Criteria considered in adopting the geographic area of a county large concentrated animal feeding operation land use ordinance — Maps — Exception.
(1) To determine the geographic areas where large concentrated animal feeding operations may be located under a county large concentrated animal feeding operation land use ordinance, the county shall consider:the distance of the geographic area measured in feet from the following:a residential zone;a health care facility;a public area;an education institution;a religious institution;a commercial enterprise;a municipal boundary; anda state or county highway or road;prevailing winds;topography;economic benefits to the county; andreasonable access to transportation, water, and power infrastructure.A county may consider criteria in addition to those described in Subsection (1)(a).
(2) After considering the factors described in Subsection (1), the county shall designate the geographic areas where large concentrated animal feeding operations may locate as required by Subsection 17-81-602(2)(a) and prepare a map available to the public showing the geographic areas in the county.
(3) A county may not designate a geographic area for large concentrated animal feeding operations based solely on a uniform setback distance requirement from the locations described in Subsection (1)(a)(i), but shall determine the geographic area by evaluating all criteria in Subsection (1).
(4) A county shall designate at least one geographic area within the county where large concentrated animal feeding operations for all animal species listed in Subsection 17-81-601(6) may be located unless the county demonstrates that one of the following makes it not feasible for the county to meet the criteria described in this section:the county’s population density; orthe county’s population density relative to the amount of private land within the county.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
Vested Critical Infrastructure Materials Operations
17-81-701 - Vested critical infrastructure materials use— Presumption.
(1) A critical infrastructure materials use is presumed to be a vested critical infrastructure materials use if the critical infrastructure materials use meets the definition of vested critical infrastructure materials use as defined in Section 17-81-101.A person claiming that a vested critical infrastructure materials use has not been established has the burden of proof to show by the preponderance of the evidence that the vested critical infrastructure materials use has not been established.
(2) A vested critical infrastructure materials use:runs with the land; andmay be changed to another critical infrastructure materials use without losing its status as a vested critical infrastructure materials use.
(3) The present or future boundary of the critical infrastructure materials use of a critical infrastructure materials operator with a vested critical infrastructure materials use does not limit:the scope of rights of a critical infrastructure materials operator with a vested critical infrastructure material use; orthe protection for a critical infrastructure materials protection area.
(4) A critical infrastructure operator with a vested critical infrastructure materials use shall file a declaration for recording in the office of the recorder of the county in which the vested critical infrastructure materials use is located.A declaration under Subsection (4)(a) shall:contain a legal description of the land included within the vested critical infrastructure materials use; andprovide notice of the vested critical infrastructure materials use.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-702 - Rights of a critical infrastructure materials operator with a vested critical infrastructure materials use.
(1) As used in this section, “new land” means surface or subsurface land that a critical infrastructure materials operator gains ownership or control of on or before January 1, 2026, regardless of whether that land is included in any applicable permit issued by a political subdivision or a legal nonconforming use.
(2) Notwithstanding a political subdivision’s prohibition, restriction, or other limitation on a critical infrastructure materials use adopted after the establishment of the critical infrastructure materials use, the rights of a critical infrastructure materials operator with a vested critical infrastructure materials use include with respect to that existing legal use the right to:progress, extend, enlarge, grow, or expand the vested critical infrastructure materials use to any contiguous land that the critical infrastructure materials operator owns or controls before May 7, 2025;expand the vested critical infrastructure materials use to new land that is contiguous land to the surface or subsurface land on which the critical infrastructure materials operator has a vested critical infrastructure materials use, including the surface or subsurface land under Subsection (1)(a);use, operate, construct, reconstruct, restore, extend, expand, maintain, repair, alter, substitute, modernize, upgrade, and replace equipment, processes, facilities, and buildings, on any surface or subsurface land that the critical infrastructure materials operator owns or controls before May 7, 2025;on any surface or subsurface land that the critical infrastructure materials operator owns or controls before May 7, 2025:increase production or volume;alter the method of extracting or processing, including with respect to the vested use, the right to stockpile or hold in reserve critical infrastructure materials, to recycle, and to batch and mix concrete and asphalt; andextract or process a different or additional critical infrastructure material than previously extracted or processed on the surface or subsurface land; anddiscontinue, suspend, terminate, deactivate, or continue and reactivate, temporarily or permanently, all or any part of the critical infrastructure materials use.
(3) As used in this Subsection (3), “applicable legislative body” means the legislative body of each:county in whose unincorporated area the new land to be included in the vested critical infrastructure materials use is located; ormunicipality in which the new land to be included in the critical infrastructure use is located.A critical infrastructure materials operator with a vested critical infrastructure materials use is presumed to have a right to expand the vested critical infrastructure materials use to new land.Before expanding a vested critical infrastructure materials use to new land, a critical infrastructure materials operator shall provide written notice:of the critical infrastructure materials operator’s intent to expand the vested critical infrastructure materials use; andto each applicable legislative body.An applicable legislative body shall:hold a public meeting or hearing at the applicable legislative body’s next available meeting that is no later than 30 days after receiving the notice under Subsection (3)(c); andprovide reasonable, advance, written notice of the intended expansion of the vested critical infrastructure materials use and the public meeting or hearing to each owner of the surface estate of the new land.A public meeting or hearing under Subsection (3)(d)(i) serves to provide sufficient public notice of the critical infrastructure materials operator’s intent to expand the vested critical infrastructure materials use to the new land.After the public meeting or hearing under Subsection (3)(d)(i), a critical infrastructure materials operator may expand a vested critical infrastructure materials use to new land without any action by an applicable legislative body, unless the applicable legislative body finds by the preponderance of the evidence on the record that the expansion to new land will endanger the public health, safety, and welfare.If the applicable legislative body makes the finding of endangerment described in Subsection (3)(e)(i), Subsection (5) applies.
(4) If a critical infrastructure materials operator expands a vested critical infrastructure materials use to new land, as authorized under this section:the critical infrastructure materials operator’s rights under the vested critical infrastructure materials use with respect to land on which the vested critical infrastructure materials use occurs apply with equal force after the expansion to the new land; andthe critical infrastructure materials protection area that includes land on which the vested critical infrastructure materials use occurs is expanded to include the new land.
(5) If the applicable legislative body makes the finding of endangerment described in Subsection (3)(e):the critical infrastructure materials operator shall submit to the applicable legislative body the critical infrastructure materials operator’s plan for expansion under this section;by no later than 90 days after receipt of the plan for expansion described in Subsection (5)(a)(i), the applicable legislative body shall notify the operator of:evidence that the expansion to new land will endanger the public health, safety, and welfare; andproposed measures to mitigate the endangerment of the public health, safety, and welfare; andthe applicable legislative body shall hold a public hearing by no later than 30 days after the date the applicable legislative body complies with Subsection (5)(a)(ii) to present mitigation measures proposed under Subsection (5)(a)(ii).The applicable legislative body may impose mitigation measures under this Subsection (5) that are reasonable and do not exceed requirements imposed by permits issued by a state agency such as an air quality permit.A political subdivision may not prohibit the expansion of a vested critical infrastructure materials use if the critical infrastructure materials operator agrees to comply with the mitigation measures described in Subsection (5)(b).The process under this Subsection (5) is not a land use application or conditional use application under Chapter 79, County Land Use, Development, and Management Act.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-81-703 - Abandonment of a vested critical infrastructure materials use.
(1) A critical infrastructure materials operator may abandon some or all of a vested critical infrastructure materials use only as provided in this section.
(2) To abandon some or all of a vested critical infrastructure materials use, a critical infrastructure materials operator shall record a written declaration of abandonment with the recorder of the county in which the vested critical infrastructure materials use being abandoned is located.
(3) The written declaration of abandonment under Subsection (2) shall specify the vested critical infrastructure materials use or the portion of the vested critical infrastructure materials use being abandoned.
Renumbered and Amended by Chapter 14, 2025 Special Session 1