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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) A political subdivision may not:
(a) terminate a vested mining use, whether by amortization, the exercise of police power, or otherwise;
(b) prohibit, restrict, or otherwise limit a mine operator with a vested mining use from exercising the rights permitted under this chapter;
(c) require, for a vested mining use:
(i) a variance;
(ii) a conditional use permit;
(iii) a special exception;
(iv) the establishment or determination of a nonconforming use right; or
(v) any other type of zoning or land use permit; or
(d) prohibit, 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).
Cite this article: FindLaw.com - Utah Code Title 17. Counties § 17-41-402.5. Limits on political subdivisions with respect to a vested mining use--Exception - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-17-counties/ut-code-sect-17-41-402-5/
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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