17-41-402.5.  Limits on political subdivisions with respect to a vested mining use — Exception.

(1)  A political subdivision may not:

Terms Used In Utah Code 17-41-402.5

  • Amortization: Paying off a loan by regular installments.
  • Land: includes :Utah Code 68-3-12.5
  • 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, as of January 1, 2019:
(a) owns, controls, or manages a mining use under a large mine permit issued by the division or the board; and
(b) has produced commercial quantities of a mineral deposit from the mining use. See Utah Code 17-41-101
  • Political subdivision: means a county, city, town, school district, special district, or special service district. See Utah Code 17-41-101
  • Vested mining use: means a mining use:
    (a) by a mine operator; and
    (b) that existed or was conducted or otherwise engaged in before a political subdivision prohibits, restricts, or otherwise limits a mining use. See Utah Code 17-41-101
    (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).

    Amended by Chapter 255, 2023 General Session

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