17-27a-533. Land use compatibility with military use.
(1)
As used in this section:
Terms Used In Utah Code 17-27a-533
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
(a)
the power and duty to carry laws and ordinances into effect and secure their due observance; and
(b)
those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
“Department” means the Department of Veterans and Military Affairs.
(b)
“Military” means a branch of the armed forces of the United States, including the Utah National Guard.
(c)
“Military land” means the following land or facilities:
(i)
Camp Williams;
(ii)
Hill Air Force Base;
(iii)
Dugway Proving Ground;
(iv)
Tooele Army Depot;
(v)
Utah Test and Training Range;
(vi)
Nephi Readiness Center;
(vii)
Cedar City Alternate Flight Facility; or
(viii)
Little Mountain Test Facility.
(2)
(a)
Except as provided in Subsection (2)(b), on or before July 1, 2025, for any area in a county within 5,000 feet of a boundary of military land, a county shall, in consultation with the department, develop and maintain a compatible use plan to ensure permitted uses and conditional uses relevant to the military land are compatible with the military operations on military land.
(b)
A county that has a compatible use plan as of January 1, 2023, is not required to develop a new compatible use plan.
(3)
If a county receives a land use application, other than an individual building permit, related to land within 5,000 feet of a boundary of military land, before the county may approve the land use application, the county shall notify the department in writing.
(4)
If the department receives the notice described in Subsection (3), the executive director of the department shall:
(a)
determine whether the proposed land use is compatible with the military use of the relevant military land; and
(b)
within 90 days after the receipt of the notice described in Subsection (3), respond in writing to the county regarding the determination of compatibility described in Subsection (4)(a).
(5)
If the department receives the notice described in Subsection (3) before the county has completed the compatible use plan as described in this section, the department shall consult with the county and representatives of the relevant military land to determine whether the use proposed in the land use application is a compatible use.
