Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
(1) As used in this section:
(a) “Cannabis production establishment” means the same as that term is defined in Section 4-41a-102 and includes a closed-door medical cannabis pharmacy.
(b) “Land use decision” means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.
(c) “Land use permit” means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.
(d) “Land use regulation” means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.
(2)(a) If a municipality's or county's zoning ordinances provide for an industrial zone, the operation of a cannabis production establishment shall be a permitted industrial use in any industrial zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one industrial zone in which the operation of a cannabis production establishment is a permitted use.
(b) If a municipality's or county's zoning ordinances provide for an agricultural zone, the operation of a cannabis production establishment shall be a permitted agricultural use in any agricultural zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one agricultural zone in which the operation of a cannabis production establishment is a permitted use.
(c) The operation of a cannabis production establishment shall be a permitted use on land that the municipality or county has not zoned.
(3) A municipality or county may not:
(a) on the sole basis that the applicant, or cannabis production establishment violates federal law regarding the legal status of cannabis, deny or revoke:
(i) a land use permit to operate a cannabis production facility; or
(ii) a business license to operate a cannabis production facility;
(b) require a certain distance between a cannabis production establishment and:
(i) another cannabis production establishment;
(ii) a medical cannabis pharmacy;
(iii) a retail tobacco specialty business, as that term is defined in Section 26B-7-501; or
(iv) an outlet, as that term is defined in Section 32B-1-202; or
(c) in accordance with Subsections 10-9a-509(1) and 17-27a-508(1), enforce a land use regulation against a cannabis production establishment that was not in effect on the day on which the cannabis production establishment submitted a complete land use application.
(4) An applicant for a land use permit to operate a cannabis production establishment shall comply with the land use requirements and application process described in:
(a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, including Section 10-9a-528; and
(b) Title 17, Chapter 27a, County Land Use, Development, and Management Act, including Section 17-27a-525.
Cite this article: FindLaw.com - Utah Code Title 4. Utah Agricultural Code § 4-41a-406. Local control - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-4-utah-agricultural-code/ut-code-sect-4-41a-406/
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.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Make It a Preferred Google Search Source
Add to GoogleGet help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)