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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) As used in this section, “develop” or “development” means:
(a) the construction, alteration, or improvement of land, including any related moving, demolition, or excavation outside of a refinery property boundary;
(b) the subdivision of land for a non-industrial use; or
(c) the construction of a non-industrial structure on a parcel that is not subject to the subdivision process.
(2) Before a legislative body may adopt a non-industrial zoning change to permit development within 500 feet of a refinery boundary, the legislative body shall consult with the refinery to determine whether the proposed change is compatible with the refinery.
(3) Before a land use authority may approve an application to develop within 500 feet of a refinery boundary, the land use authority shall consult with the refinery to determine whether the development is compatible with the refinery.
(4) A legislative body described in Subsection (2), or a land use authority described in Subsection (3), may not request from the refinery:
(a) proprietary information;
(b) information, if made public, that would create a security or safety risk to the refinery or the public;
(c) information that is restricted from public disclosure under federal or state law; or
(d) information that is available in public record.
(5)(a) This section does not grant authority to a legislative body described in Subsection (2), or a land use authority described in Subsection (3), to require a refinery to undertake or cease an action.
(b) This section does not create a cause of action against a refinery.
(c) Except as expressly provided in this section, this section does not alter or remove any legal right or obligation of a refinery.
Cite this article: FindLaw.com - Utah Code Title 10. Utah Municipal Code § 10-9a-522. Refineries - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-10-utah-municipal-code/ut-code-sect-10-9a-522/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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