Enrolled Copy H.B. 355
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Mining and Critical Infrastructure Materials Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: Scott D. Sandall
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LONG TITLE
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General Description:
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This bill addresses mining and critical infrastructure materials operations.
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Highlighted Provisions:
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This bill:
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▸ modifies definitions;
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▸ changes vested critical infrastructure materials use provisions including making them
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more similar to vested mining provisions;
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▸ addresses operations on new land for critical infrastructure materials uses and for mining
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uses;
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▸ addresses critical dates;
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▸ amends provisions related to vested mining operations;
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▸ repeals study requirements; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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10-9a-901, as enacted by Laws of Utah 2019, Chapter 227
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10-9a-902, as enacted by Laws of Utah 2019, Chapter 227
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10-9a-903, as enacted by Laws of Utah 2019, Chapter 227
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10-9a-905, as enacted by Laws of Utah 2019, Chapter 227
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17-27a-1001, as enacted by Laws of Utah 2019, Chapter 227 H.B. 355 Enrolled Copy
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17-27a-1002, as enacted by Laws of Utah 2019, Chapter 227
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17-27a-1003, as enacted by Laws of Utah 2019, Chapter 227
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17-27a-1005, as enacted by Laws of Utah 2019, Chapter 227
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17-41-101, as last amended by Laws of Utah 2024, Chapter 70
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17-41-402, as last amended by Laws of Utah 2019, Chapter 227
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17-41-502, as enacted by Laws of Utah 2009, Chapter 376
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78B-6-1101, as last amended by Laws of Utah 2021, Chapter 207
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REPEALS:
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17-41-102, as enacted by Laws of Utah 2024, Chapter 87
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 10-9a-901 is amended to read:
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10-9a-901 . Definitions.
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As used in this part:
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(1) "Commercial quantities," for purposes of this section, means critical infrastructure
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materials:
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(a) extracted or processed by a commercial enterprise in the ordinary course of business;
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and
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(b) in a sufficient amount that the critical infrastructure materials introduction into
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commerce would create a reasonable expectation of profit.
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(2) "Contiguous land" means surface or subsurface land that shares a common boundary
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and is not separated by a highway as defined in Section 41-6a-102.
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(3) "Critical infrastructure materials" means sand, gravel, or rock aggregate.
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[(2)] (4) "Critical infrastructure materials [operations] use" means the extraction, excavation,
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processing, or reprocessing of critical infrastructure materials.
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[(3)] (5) "Critical infrastructure materials operator" means a natural person, corporation,
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association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary,
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agent, or other organization or representative, either public or private, including a
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successor, assign, affiliate, subsidiary, and related parent company, that:
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(a) owns, controls, or manages a critical infrastructure materials [operations] use; and
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(b) has produced commercial quantities of critical infrastructure materials from the
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critical infrastructure materials [operations] use.
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(6) "Existing legal use" means a critical infrastructure materials use that has operated in
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accordance with:
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(a) a legal nonconforming use that has not been abandoned for more than 24 consecutive
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months; or
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(b) a permit issued by the applicable political subdivision.
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(7) "New land" means surface or subsurface land that a critical infrastructure materials
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operator gains ownership or control of on or before January 1, 2026, regardless of
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whether that land is included in any applicable permit issued by a political subdivision
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or a legal nonconforming use.
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[(4)] (8) "Vested critical infrastructure materials [operations] use" means a critical
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infrastructure materials [operations operating in accordance with a legal nonconforming
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use or a permit issued by the municipality that existed or was conducted or otherwise
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engaged in before:] use by a critical infrastructure materials operator that is an existing
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legal use.
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[(a) a political subdivision prohibits, restricts, or otherwise limits the critical
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infrastructure materials operations; and]
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[(b) January 1, 2019.]
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Section 2. Section 10-9a-902 is amended to read:
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10-9a-902 . Vested critical infrastructure materials use -- Presumption.
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(1)(a) [Critical ] A critical infrastructure materials [operations operating in accordance
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with a legal nonconforming use or a permit issued by the municipality are
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conclusively] use is presumed to be a vested critical infrastructure materials [
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operations] use if the critical infrastructure materials [operations permitted by the
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municipality, existed or was conducted or otherwise engaged in before January 1,
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2019 and before when a political subdivision prohibits, restricts, or otherwise limits
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the critical infrastructure materials operations.] use meets the definition of vested
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critical infrastructure materials use in Section 10-9a-901.
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(b) A person claiming that a vested critical infrastructure materials [operations has been]
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use has not been established has the burden of proof to show by the preponderance of
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the evidence that the vested critical infrastructure materials [operations] use has not
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been established.
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(2) A vested critical infrastructure materials [operations] use:
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(a) runs with the land; and
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(b) may be changed to another critical infrastructure materials [operations conducted
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within the scope of a legal nonconforming use or the permit for the vested critical
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infrastructure materials operations] use without losing its status as a vested critical
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infrastructure materials [operations] use.
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(3) The present or future boundary of the critical infrastructure materials use of a critical
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infrastructure materials operator with a vested critical infrastructure materials use does
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not limit:
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(a) the scope of rights of a critical infrastructure materials operator with a vested critical
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infrastructure material use; or
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(b) the protection for a critical infrastructure materials protection area.
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(4)(a) A critical infrastructure operator with a vested critical infrastructure materials use
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shall file a declaration for recording in the office of the recorder of the county in
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which the vested critical infrastructure materials use is located.
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(b) A declaration under Subsection (4)(a) shall:
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(i) contain a legal description of the land included within the vested critical
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infrastructure materials use; and
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(ii) provide notice of the vested critical infrastructure materials use.
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Section 3. Section 10-9a-903 is amended to read:
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10-9a-903 . Rights of a critical infrastructure materials operator with a vested
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critical infrastructure materials use.
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(1) Notwithstanding a political subdivision's prohibition, restriction, or other limitation
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on a critical infrastructure materials [operations] use adopted after the establishment of
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the critical infrastructure materials [operations] use, the rights of a critical infrastructure
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materials operator with a vested critical infrastructure materials [operations] use include
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with respect to that existing legal use the right to:
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(a) progress, extend, enlarge, grow, or expand the vested critical infrastructure materials
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use to any contiguous land that the critical infrastructure materials operator owns or
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controls before May 7, 2025;
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(b) expand the vested critical infrastructure materials use to new land that is contiguous
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land to the surface or subsurface land on which the critical infrastructure materials
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operator has a vested critical infrastructure materials use, including the surface or
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subsurface land under Subsection (1)(a);
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[(1)] (c) use, operate, construct, reconstruct, restore, extend, expand, maintain, repair,
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alter, substitute, modernize, upgrade, and replace equipment, processes, facilities, and
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buildings[; and] on any surface or subsurface land that the critical infrastructure
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materials operator owns or controls before May 7, 2025;
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(d) on any surface or subsurface land that the critical infrastructure materials operator
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owns or controls before May 7, 2025:
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(i) increase production or volume;
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(ii) alter the method of extracting or processing, including with respect to the vested
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use, the right to stockpile or hold in reserve critical infrastructure materials, to
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recycle, and to batch and mix concrete and asphalt; and
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(iii) extract or process a different or additional critical infrastructure material than
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previously extracted or processed on the surface or subsurface land; and
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[(2)] (e) discontinue, suspend, terminate, deactivate, or continue and reactivate,
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temporarily or permanently, all or any part of the critical infrastructure materials [
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operations] use.
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(2)(a) As used in this Subsection (2), "applicable legislative body" means the legislative
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body of each:
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(i) county in whose unincorporated area the new land to be included in the vested
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critical infrastructure materials use is located; or
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(ii) municipality in which the new land to be included in the critical infrastructure
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materials use is located.
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(b) A critical infrastructure materials operator with a vested critical infrastructure
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materials use is presumed to have a right to expand the vested critical infrastructure
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materials use to new land.
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(c) Before expanding a vested critical infrastructure materials use to new land, a critical
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infrastructure materials operator shall provide written notice:
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(i) of the critical infrastructure materials operator's intent to expand the vested critical
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infrastructure materials use; and
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(ii) to each applicable legislative body.
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(d)(i) An applicable legislative body shall:
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(A) hold a public meeting or hearing at the applicable legislative body's next
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available meeting that is no later than 30 days after receiving the notice under
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Subsection (2)(c); and
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(B) provide reasonable, advance, written notice of the intended expansion of the
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vested critical infrastructure materials use and the public meeting or hearing to
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each owner of the surface estate of the new land.
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(ii) A public meeting or hearing under Subsection (2)(d)(i) serves to provide
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sufficient public notice of the critical infrastructure materials operator's intent to
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expand the vested critical infrastructure materials use to the new land.
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(e) After the public meeting or hearing under Subsection (2)(d)(i), a critical
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infrastructure materials operator may expand a vested critical infrastructure materials
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use to new land without any action by an applicable legislative body, unless the
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applicable legislative body finds by the preponderance of the evidence on the record
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that the expansion to new land will endanger the public health, safety, and welfare. If
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the applicable legislative body makes the finding of endangerment described in this
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Subsection (2)(e), Subsection (4) applies.
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(3) If a critical infrastructure materials operator expands a vested critical infrastructure
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materials use to new land, as authorized under this section:
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(a) the critical infrastructure materials operator's rights under the vested critical
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infrastructure materials use with respect to land on which the vested critical
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infrastructure materials use occurs apply with equal force after the expansion to the
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new land; and
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(b) the critical infrastructure materials protection area that includes land on which the
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vested critical infrastructure materials use occurs is expanded to include the new land.
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(4)(a) If the applicable legislative body makes the finding of endangerment described in
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Subsection (2)(e):
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(i) the critical infrastructure materials operator shall submit to the applicable
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legislative body the critical infrastructure materials operator's plan for expansion
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under this section;
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(ii) by no later than 90 days after receipt of the plan for expansion described in
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Subsection (4)(a)(i), the applicable legislative body shall notify the operator of:
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(A) evidence that the expansion to new land will endanger the public health,
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safety, and welfare; and
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(B) proposed measures to mitigate the endangerment of the public health, safety,
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and welfare; and
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(iii) the applicable legislative body shall hold a public hearing by no later than 30
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days after the date the applicable legislative body complies with Subsection
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(4)(a)(ii) to present mitigation measures proposed under Subsection (4)(a)(ii).
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(b) The applicable legislative body may impose mitigation measures under this
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Subsection (4) that are reasonable and do not exceed requirements imposed by
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permits issued by a state agency such as an air quality permit.
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(c) A political subdivision may not prohibit the expansion of a vested critical
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infrastructure materials use if the critical infrastructure materials operator agrees to
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comply with the mitigation measures described in Subsection (4)(b).
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(d) The process under this Subsection (4) is not a land use application or conditional use
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application under this chapter.
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Section 4. Section 10-9a-905 is amended to read:
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10-9a-905 . Abandonment of a vested critical infrastructure materials use.
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(1) A critical infrastructure materials operator may abandon some or all of a vested critical
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infrastructure materials [operations ]use only as provided in this section.
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(2) To abandon some or all of a vested critical infrastructure materials [operations] use, a
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critical infrastructure materials operator shall record a written declaration of
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abandonment with the recorder of the county in which the vested critical infrastructure
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materials [operations] use being abandoned is located.
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(3) The written declaration of abandonment under Subsection (2) shall specify the vested
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critical infrastructure materials [operations] use or the portion of the vested critical
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infrastructure materials [operations] use being abandoned.
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Section 5. Section 17-27a-1001 is amended to read:
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17-27a-1001 . Definitions.
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As used in this part:
215
(1) "Commercial quantities," for purposes of this section, means critical infrastructure
216
materials:
217
(a) extracted or processed by a commercial enterprise in the ordinary course of business;
218
and
219
(b) in a sufficient amount that the critical infrastructure materials introduction into
220
commerce would create a reasonable expectation of profit.
221
(2) "Contiguous land" means surface or subsurface land that shares a common boundary
222
and is not separated by a highway as defined in Section 41-6a-102.
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(3) "Critical infrastructure materials" means sand, gravel, or rock aggregate.
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[(2)] (4) "Critical infrastructure materials [operations] use" means the extraction, excavation,
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processing, or reprocessing of critical infrastructure materials.
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[(3)] (5) "Critical infrastructure materials operator" means a natural person, corporation,
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association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary,
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agent, or other organization or representative, either public or private, including a
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successor, assign, affiliate, subsidiary, and related parent company, that:
230
(a) owns, controls, or manages a critical infrastructure materials [operations] use; and
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(b) has produced commercial quantities of critical infrastructure materials from the
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critical infrastructure materials [operations] use.
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(6) "Existing legal use" means a critical infrastructure materials use that has operated in
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accordance with:
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(a) a legal nonconforming use that has not been abandoned for more than 24 consecutive
236
months; or
237
(b) a permit issued by the applicable political subdivision.
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(7) "New land" means surface or subsurface land that a critical infrastructure materials
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operator gains ownership or control of on or before January 1, 2026, regardless of
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whether that land is included in any applicable permit issued by a political subdivision
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or a legal nonconforming use.
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[(4)] (8) "Vested critical infrastructure materials [operations] use" means a critical
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infrastructure materials operations [operating in accordance with a legal nonconforming
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use or a permit issued by the county that existed or was conducted or otherwise engaged
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in before:]
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[(a) a political subdivision prohibits, restricts, or otherwise limits the critical
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infrastructure materials operations; and]
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[(b) January 1, 2019] use by a critical infrastructure materials operator that is an existing
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legal use.
250
Section 6. Section 17-27a-1002 is amended to read:
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17-27a-1002 . Vested critical infrastructure materials use-- Presumption.
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(1)(a) [Critical ] A critical infrastructure materials [operations operating in accordance
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with a legal nonconforming use or a permit issued by the county are conclusively] use
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is presumed to be a vested critical infrastructure materials [operations] use if the
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critical infrastructure materials [operations permitted by the county, existed or was
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conducted or otherwise engaged in before January 1, 2019 and before when a
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political subdivision prohibits, restricts, or otherwise limits the critical infrastructure
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materials operations.] use meets the definition of vested critical infrastructure
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materials use as defined in Section 17-27a-1001.
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(b) A person claiming that a vested critical infrastructure materials [operations has been]
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use has not been established has the burden of proof to show by the preponderance of
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the evidence that the vested critical infrastructure materials [operations has been] use
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has not been established.
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(2) A vested critical infrastructure materials [operations] use:
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(a) runs with the land; and
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(b) may be changed to another critical infrastructure materials [operations conducted
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within the scope of a legal nonconforming use or the permit for the vested critical
268
infrastructure materials operations] use without losing its status as a vested critical
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infrastructure materials [operations] use.
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(3) The present or future boundary of the critical infrastructure materials use of a critical
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infrastructure materials operator with a vested critical infrastructure materials use does
272
not limit:
273
(a) the scope of rights of a critical infrastructure materials operator with a vested critical
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infrastructure material use; or
275
(b) the protection for a critical infrastructure materials protection area.
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(4)(a) A critical infrastructure operator with a vested critical infrastructure materials use
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shall file a declaration for recording in the office of the recorder of the county in
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which the vested critical infrastructure materials use is located.
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(b) A declaration under Subsection (4)(a) shall:
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(i) contain a legal description of the land included within the vested critical
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infrastructure materials use; and
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(ii) provide notice of the vested critical infrastructure materials use.
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Section 7. Section 17-27a-1003 is amended to read:
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17-27a-1003 . Rights of a critical infrastructure materials operator with a vested
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critical infrastructure materials use.
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(1) Notwithstanding a political subdivision's prohibition, restriction, or other limitation
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on a critical infrastructure materials [operations] use adopted after the establishment of
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the critical infrastructure materials [operations] use, the rights of a critical infrastructure
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materials operator with a vested critical infrastructure materials [operations] use include
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with respect to that existing legal use the right to:
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(a) progress, extend, enlarge, grow, or expand the vested critical infrastructure materials
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use to any contiguous land that the critical infrastructure materials operator owns or
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controls before May 7, 2025;
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(b) expand the vested critical infrastructure materials use to new land that is contiguous
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land to the surface or subsurface land on which the critical infrastructure materials
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operator has a vested critical infrastructure materials use, including the surface or
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subsurface land under Subsection (1)(a);
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[(1)] (c) use, operate, construct, reconstruct, restore, extend, expand, maintain, repair,
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alter, substitute, modernize, upgrade, and replace equipment, processes, facilities, and
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buildings[; and] , on any surface or subsurface land that the critical infrastructure
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materials operator owns or controls before May 7, 2025;
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(d) on any surface or subsurface land that the critical infrastructure materials operator
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owns or controls before May 7, 2025:
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(i) increase production or volume;
305
(ii) alter the method of extracting or processing, including with respect to the vested
306
use, the right to stockpile or hold in reserve critical infrastructure materials, to
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recycle, and to batch and mix concrete and asphalt; and
308
(iii) extract or process a different or additional critical infrastructure material than
309
previously extracted or processed on the surface or subsurface land; and
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[(2)] (e) discontinue, suspend, terminate, deactivate, or continue and reactivate,
311
temporarily or permanently, all or any part of the critical infrastructure materials [
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operations] use.
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(2)(a) As used in this Subsection (2), "applicable legislative body" means the legislative
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body of each:
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(i) county in whose unincorporated area the new land to be included in the vested
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critical infrastructure materials use is located; or
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(ii) municipality in which the new land to be included in the critical infrastructure
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use is located.
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(b) A critical infrastructure materials operator with a vested critical infrastructure
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materials use is presumed to have a right to expand the vested critical infrastructure
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materials use to new land.
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(c) Before expanding a vested critical infrastructure materials use to new land, a critical
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infrastructure materials operator shall provide written notice:
324
(i) of the critical infrastructure materials operator's intent to expand the vested critical
325
infrastructure materials use; and
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(ii) to each applicable legislative body.
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(d)(i) An applicable legislative body shall:
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(A) hold a public meeting or hearing at the applicable legislative body's next
329
available meeting that is no later than 30 days after receiving the notice under
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Subsection (2)(c); and
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(B) provide reasonable, advance, written notice of the intended expansion of the
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vested critical infrastructure materials use and the public meeting or hearing to
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each owner of the surface estate of the new land.
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(ii) A public meeting or hearing under Subsection (2)(d)(i) serves to provide
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sufficient public notice of the critical infrastructure materials operator's intent to
336
expand the vested critical infrastructure materials use to the new land.
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(e) After the public meeting or hearing under Subsection (2)(d)(i), a critical
338
infrastructure materials operator may expand a vested critical infrastructure materials
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use to new land without any action by an applicable legislative body, unless the
340
applicable legislative body finds by the preponderance of the evidence on the record
341
that the expansion to new land will endanger the public health, safety, and welfare. If
342
the applicable legislative body makes the finding of endangerment described in this
343
Subsection (2)(e), Subsection (4) applies.
344
(3) If a critical infrastructure materials operator expands a vested critical infrastructure
345
materials use to new land, as authorized under this section:
346
(a) the critical infrastructure materials operator's rights under the vested critical
347
infrastructure materials use with respect to land on which the vested critical
348
infrastructure materials use occurs apply with equal force after the expansion to the
349
new land; and
350
(b) the critical infrastructure materials protection area that includes land on which the
351
vested critical infrastructure materials use occurs is expanded to include the new land.
352
(4)(a) If the applicable legislative body makes the finding of endangerment described in
353
Subsection (2)(e):
354
(i) the critical infrastructure materials operator shall submit to the applicable
355
legislative body the critical infrastructure materials operator's plan for expansion
356
under this section;
357
(ii) by no later than 90 days after receipt of the plan for expansion described in
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Subsection (4)(a)(i), the applicable legislative body shall notify the operator of:
359
(A) evidence that the expansion to new land will endanger the public health,
360
safety, and welfare; and
361
(B) proposed measures to mitigate the endangerment of the public health, safety,
362
and welfare; and
363
(iii) the applicable legislative body shall hold a public hearing by no later than 30
364
days after the date the applicable legislative body complies with Subsection
365
(4)(a)(ii) to present mitigation measures proposed under Subsection (4)(a)(ii).
366
(b) The applicable legislative body may impose mitigation measures under this
367
Subsection (4) that are reasonable and do not exceed requirements imposed by
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permits issued by a state agency such as an air quality permit.
369
(c) A political subdivision may not prohibit the expansion of a vested critical
370
infrastructure materials use if the critical infrastructure materials operator agrees to
371
comply with the mitigation measures described in Subsection (4)(b).
372
(d) The process under this Subsection (4) is not a land use application or conditional use
373
application under this chapter.
374
Section 8. Section 17-27a-1005 is amended to read:
375
17-27a-1005 . Abandonment of a vested critical infrastructure materials use.
376
(1) A critical infrastructure materials operator may abandon some or all of a vested critical
377
infrastructure materials [operations ]use only as provided in this section.
378
(2) To abandon some or all of a vested critical infrastructure materials [operations] use, a
379
critical infrastructure materials operator shall record a written declaration of
380
abandonment with the recorder of the county in which the vested critical infrastructure
381
materials [operations] use being abandoned is located.
382
(3) The written declaration of abandonment under Subsection (2) shall specify the vested
383
critical infrastructure materials [operations] use or the portion of the vested critical
384
infrastructure materials [operations] use being abandoned.
385
Section 9. Section 17-41-101 is amended to read:
386
17-41-101 . Definitions.
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As used in this chapter:
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(1) "Advisory board" means:
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(a) for an agriculture protection area, the agriculture protection area advisory board
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created as provided in Section 17-41-201;
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(b) for an industrial protection area, the industrial protection area advisory board created
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as provided in Section 17-41-201; and
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(c) for a critical infrastructure materials protection area, the critical infrastructure
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materials protection area advisory board created as provided in Section 17-41-201.
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(2)(a) "Agriculture production" means production for commercial purposes of crops,
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livestock, and livestock products.
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(b) "Agriculture production" includes the processing or retail marketing of any crops,
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livestock, and livestock products when more than 50% of the processed or
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merchandised products are produced by the farm operator.
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(3) "Agriculture protection area" means a geographic area created under the authority of
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this chapter that is granted the specific legal protections contained in this chapter.
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(4) "Applicable legislative body" means:
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(a) with respect to a proposed agriculture protection area, industrial protection area, or
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critical infrastructure materials protection area:
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(i) the legislative body of the county in which the land proposed to be included in the
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relevant protection area is located, if the land is within the unincorporated part of
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the county; or
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(ii) the legislative body of the city or town in which the land proposed to be included
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in the relevant protection area is located; and
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(b) with respect to an existing agriculture protection area, industrial protection area, or
411
critical infrastructure materials protection area:
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(i) the legislative body of the county in which the relevant protection area is located,
413
if the relevant protection area is within the unincorporated part of the county; or
414
(ii) the legislative body of the city or town in which the relevant protection area is
415
located.
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(5) "Board" means the Board of Oil, Gas, and Mining created in Section 40-6-4.
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(6) "Critical infrastructure materials" means sand, gravel, or rock aggregate.
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(7) "Critical infrastructure materials operations" means the extraction, excavation,
419
processing, or reprocessing of critical infrastructure materials.
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(8) "Critical infrastructure materials operator" means a natural person, corporation,
421
association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary,
422
agent, or other organization or representative, either public or private, including a
423
successor, assign, affiliate, subsidiary, and related parent company, that:
424
(a) owns, controls, or manages a critical infrastructure materials operation; and
425
(b) has produced commercial quantities of critical infrastructure materials from the
426
critical infrastructure materials operations.
427
(9) "Critical infrastructure materials protection area" means a geographic area created under
428
the authority of this chapter on or after May 14, 2019, that is granted the specific legal
429
protections contained in this chapter.
430
(10) "Crops, livestock, and livestock products" includes:
431
(a) land devoted to the raising of useful plants and animals with a reasonable expectation
432
of profit, including:
433
(i) forages and sod crops;
434
(ii) grains and feed crops;
435
(iii) livestock as defined in Section 59-2-102;
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(iv) trees and fruits; or
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(v) vegetables, nursery, floral, and ornamental stock; or
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(b) land devoted to and meeting the requirements and qualifications for payments or
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other compensation under a crop-land retirement program with an agency of the state
440
or federal government.
441
(11) "Division" means the Division of Oil, Gas, and Mining created in Section 40-6-15.
442
(12) "Industrial protection area" means a geographic area created under the authority of this
443
chapter that is granted the specific legal protections contained in this chapter.
444
(13) "Mine operator" means a natural person, corporation, association, partnership,
445
receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other
446
organization or representative, either public or private, including a successor, assign,
447
affiliate, subsidiary, and related parent company, that, [as of] before January 1, 2019:
448
(a) owns, controls, or manages a mining use under a large mine permit issued by the
449
division or the board; and
450
(b) has produced commercial quantities of a mineral deposit from the mining use.
451
(14) "Mineral deposit" means the same as that term is defined in Section 40-8-4.
452
(15) "Mining protection area" means land where a vested mining use occurs, including each
453
surface or subsurface land or mineral estate that a mine operator with a vested mining
454
use owns or controls on January 1, 2026.
455
(16) "Mining use":
456
(a) means:
457
(i) the full range of activities, from prospecting and exploration to reclamation and
458
closure, associated with the exploitation of a mineral deposit; and
459
(ii) the use of the surface and subsurface and groundwater and surface water of an
460
area in connection with the activities described in Subsection (16)(a)(i) that have
461
been, are being, or will be conducted; and
462
(b) includes, whether conducted on-site or off-site:
463
(i) any sampling, staking, surveying, exploration, or development activity;
464
(ii) any drilling, blasting, excavating, or tunneling;
465
(iii) the removal, transport, treatment, deposition, and reclamation of overburden,
466
development rock, tailings, and other waste material;
467
(iv) any removal, transportation, extraction, beneficiation, or processing of ore;
468
(v) any smelting, refining, autoclaving, or other primary or secondary processing
469
operation;
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470
(vi) the recovery of any mineral left in residue from a previous extraction or
471
processing operation;
472
(vii) a mining activity that is identified in a work plan or permitting document;
473
(viii) the use, operation, maintenance, repair, replacement, or alteration of a building,
474
structure, facility, equipment, machine, tool, or other material or property that
475
results from or is used in a surface or subsurface mining operation or activity;
476
(ix) any accessory, incidental, or ancillary activity or use, both active and passive,
477
including a utility, private way or road, pipeline, land excavation, working,
478
embankment, pond, gravel excavation, mining waste, conveyor, power line,
479
trackage, storage, reserve, passive use area, buffer zone, and power production
480
facility;
481
(x) the construction of a storage, factory, processing, or maintenance facility; and
482
(xi) an activity described in Subsection 40-8-4(19)(a).
483
(17)(a) "Municipal" means of or relating to a city or town.
484
(b) "Municipality" means a city or town.
485
(18) "New land" means surface or subsurface land or mineral estate that a mine operator
486
gains ownership or control of, whether that land or mineral estate is included in the mine
487
operator's large mine permit.
488
(19) "Off-site" means the same as that term is defined in Section 40-8-4.
489
(20) "On-site" means the same as that term is defined in Section 40-8-4.
490
(21) "Planning commission" means:
491
(a) a countywide planning commission if the land proposed to be included in the
492
agriculture protection area, industrial protection area, or critical infrastructure
493
materials protection area is within the unincorporated part of the county and not
494
within a planning advisory area;
495
(b) a planning advisory area planning commission if the land proposed to be included in
496
the agriculture protection area, industrial protection area, or critical infrastructure
497
materials protection area is within a planning advisory area; or
498
(c) a planning commission of a city or town if the land proposed to be included in the
499
agriculture protection area, industrial protection area, or critical infrastructure
500
materials protection area is within a city or town.
501
(22) "Political subdivision" means a county, city, town, school district, special district, or
502
special service district.
503
(23) "Proposal sponsors" means the owners of land in agricultural production, industrial
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504
use, or critical infrastructure materials operations who are sponsoring the proposal for
505
creating an agriculture protection area, industrial protection area, or critical
506
infrastructure materials protection area.
507
(24) "State agency" means each department, commission, board, council, agency,
508
institution, officer, corporation, fund, division, office, committee, authority, laboratory,
509
library, unit, bureau, panel, or other administrative unit of the state.
510
(25) "Unincorporated" means not within a city or town.
511
(26) "Vested mining use" means a mining use:
512
(a) by a mine operator; and
513
(b) that existed or was conducted or otherwise engaged in before a political subdivision
514
prohibits, restricts, or otherwise limits a mining use.
515
Section 10. Section 17-41-402 is amended to read:
516
17-41-402 . Limitations on local regulations.
517
(1) A political subdivision within which an agriculture protection area, industrial protection
518
area, or critical infrastructure materials protection area is created or with a mining
519
protection area within its boundary shall encourage the continuity, development, and
520
viability of agriculture use, industrial use, critical infrastructure materials operations, or
521
mining use, within the relevant protection area by not enacting a local law, ordinance, or
522
regulation that, unless the law, ordinance, or regulation bears a direct relationship to
523
public health or safety, would unreasonably restrict:
524
(a) in the case of an agriculture protection area, a farm structure or farm practice;
525
(b) in the case of an industrial protection area, an industrial use of the land within the
526
area;
527
(c) in the case of a critical infrastructure materials protection area, critical infrastructure
528
materials operations; or
529
(d) in the case of a mining protection area, a mining use within the protection area.
530
(2) A political subdivision may not change the zoning designation of or a zoning regulation
531
affecting land within an agriculture protection area unless the political subdivision
532
receives written approval for the change from all the landowners within the agriculture
533
protection area affected by the change.
534
(3) Except as provided by Section 19-4-113, a political subdivision may not change the
535
zoning designation of or a zoning regulation affecting land within an industrial
536
protection area unless the political subdivision receives written approval for the change
537
from all the landowners within the industrial protection area affected by the change.
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538
(4) A political subdivision may not change the zoning designation of or a zoning regulation
539
affecting land within a critical infrastructure materials protection area unless the political
540
subdivision receives written approval for the change from each critical infrastructure
541
materials operator within the relevant area.
542
(5) A political subdivision may not change the zoning designation of or a zoning regulation
543
affecting land within a mining protection area unless the political subdivision receives
544
written approval for the change from each mine operator within the area.
545
(6) A county, city, or town may not:
546
(a) adopt, enact, or amend an existing land use regulation, ordinance, or regulation that
547
would prohibit, restrict, regulate, or otherwise limit critical infrastructure materials
548
operations[, including ] with a vested critical infrastructure materials [operations] use
549
as defined in Section 10-9a-901 or 17-27a-1001; or
550
(b) initiate proceedings to amend the county's, city's, or town's land use ordinances as
551
described in Subsection 10-9a-509(1)(a)(ii) or 17-27a-508(1)(a)(ii) as it regards the
552
rights of a critical infrastructure materials operator with a vested critical
553
infrastructure materials use.
554
Section 11. Section 17-41-502 is amended to read:
555
17-41-502 . Rights of a mine operator with a vested mining use -- Expanding
556
vested mining use.
557
(1) Notwithstanding a political subdivision's prohibition, restriction, or other limitation on a
558
mining use adopted after the establishment of the mining use, the rights of a mine
559
operator with a vested mining use include the rights to:
560
(a) progress, extend, enlarge, grow, or expand the vested mining use to any surface or
561
subsurface land or mineral estate that the mine operator owns or controls;
562
(b) expand the vested mining use to any new land that:
563
(i) is contiguous and related in mineralization to surface or subsurface land or a
564
mineral estate that the mine operator already owns or controls;
565
(ii) contains minerals that are part of the same mineral trend as the minerals that the
566
mine operator already owns or controls; or
567
(iii) is a geologic offshoot to surface or subsurface land or a mineral estate that the
568
mine operator already owns or controls;
569
(c) use, operate, construct, reconstruct, restore, extend, expand, maintain, repair, alter,
570
substitute, modernize, upgrade, and replace equipment, processes, facilities, and
571
buildings on any surface or subsurface land or mineral estate that the mine operator
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572
owns or controls;
573
(d) increase production or volume, alter the method of mining or processing, and mine
574
or process a different or additional mineral than previously mined or owned on any
575
surface or subsurface land or mineral estate that the mine operator owns or controls;
576
and
577
(e) discontinue, suspend, terminate, deactivate, or continue and reactivate, temporarily
578
or permanently, all or any part of the mining use.
579
(2)(a) As used in this Subsection (2), "applicable legislative body" means the legislative
580
body of each:
581
(i) county in whose unincorporated area the new land to be included in the vested
582
mining use is located; and
583
(ii) municipality in which the new land to be included in the vested mining use is
584
located.
585
(b) A mine operator with a vested mining use is presumed to have a right to expand the
586
vested mining use to new land.
587
(c) Before expanding a vested mining use to new land, a mine operator shall provide
588
written notice:
589
(i) of the mine operator's intent to expand the vested mining use; and
590
(ii) to each applicable legislative body.
591
(d)(i) An applicable legislative body shall:
592
(A) hold a public meeting or hearing at its next available meeting that is more than
593
10 days after receiving the notice under Subsection (2)(c); and
594
(B) provide reasonable, advance, written notice:
595
(I) of:
596
(Aa) the intended expansion of the vested mining use; and
597
(Bb) the public meeting or hearing; and
598
(II) to each owner of the surface estate of the new land.
599
(ii) A public meeting or hearing under Subsection (2)(d)(i) serves to provide
600
sufficient public notice of the mine operator's intent to expand the vested mining
601
use to the new land.
602
(e) After the public meeting or hearing under Subsection (2)(d)(ii), a mine operator may
603
expand a vested mining use to new land without any action by an applicable
604
legislative body, unless the applicable legislative body finds that there is clear and
605
convincing evidence in the record that the expansion to new land will imminently
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606
endanger the public health, safety, and welfare. If the applicable legislative body
607
makes the finding of endangerment described in this Subsection (2)(e), Subsection (4)
608
applies.
609
(3) If a mine operator expands a vested mining use to new land, as authorized under this
610
section:
611
(a) the mine operator's rights under the vested mining use with respect to land on which
612
the vested mining use occurs apply with equal force after the expansion to the new
613
land; and
614
(b) the mining protection area that includes land on which the vested mining use occurs
615
is expanded to include the new land.
616
(4)(a) If the applicable legislative body makes the finding of endangerment described in
617
Subsection (2)(e):
618
(i) the mining operator shall submit to the applicable legislative body the mining
619
operator's plan for expansion under this section;
620
(ii) by no later than 30 days after receipt of the plan for expansion described in
621
Subsection (4)(a)(i), the applicable legislative body shall notify the operator of:
622
(A) evidence that the expansion to new land will endanger the public health,
623
safety, and welfare; and
624
(B) proposed measures to mitigate the endangerment of the public health, safety,
625
and welfare; and
626
(iii) the applicable legislative body shall hold a public hearing by no later than 30
627
days after the date the applicable legislative body complies with Subsection
628
(4)(a)(ii) to present mitigation measures proposed under Subsection (4)(a)(ii).
629
(b) The applicable legislative body may impose mitigation measures under this
630
Subsection (4) that are reasonable and do not exceed requirements imposed by
631
permits issued by a state agency such as an air quality permit.
632
(c) A political subdivision may not prohibit the expansion of a vested mining use if the
633
mining operator agrees to comply with the mitigation measures described in
634
Subsection (4)(b).
635
(d) The process under this Subsection (4) is not a land use application or conditional use
636
application under Title 10, Chapter 9a, Municipal Land Use, Development, and
637
Management Act, or Chapter 27a, County Land Use, Development, and Management
638
Act.
639
Section 12. Section 78B-6-1101 is amended to read:
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640
78B-6-1101 . Definitions -- Nuisance -- Right of action -- Agriculture operations.
641
(1) A nuisance is anything that is injurious to health, indecent, offensive to the senses, or an
642
obstruction to the free use of property, so as to interfere with the comfortable enjoyment
643
of life or property. A nuisance may be the subject of an action.
644
(2) A nuisance may include the following:
645
(a) drug houses and drug dealing as provided in Section 78B-6-1107;
646
(b) gambling as provided in Title 76, Chapter 10, Part 11, Gambling;
647
(c) criminal activity committed in concert with three or more persons as provided in
648
Section 76-3-203.1;
649
(d) criminal activity committed for the benefit of, at the direction of, or in association
650
with any criminal street gang as defined in Section 76-9-802;
651
(e) criminal activity committed to gain recognition, acceptance, membership, or
652
increased status with a criminal street gang as defined in Section 76-9-802;
653
(f) party houses that frequently create conditions defined in Subsection (1); and
654
(g) prostitution as provided in Title 76, Chapter 10, Part 13, Prostitution.
655
(3) A nuisance under this part includes tobacco smoke that drifts into a residential unit a
656
person rents, leases, or owns, from another residential or commercial unit and the smoke:
657
(a) drifts in more than once in each of two or more consecutive seven-day periods; and
658
(b) creates any of the conditions under Subsection (1).
659
(4) Subsection (3) does not apply to:
660
(a) a residential rental unit available for temporary rental, such as for a vacation, or
661
available for only 30 or fewer days at a time; or
662
(b) a hotel or motel room.
663
(5) Subsection (3) does not apply to a unit that is part of a timeshare development, as
664
defined in Section 57-19-2, or subject to a timeshare interest as defined in Section
665
57-19-2.
666
(6) An action may be brought by a person whose property is injuriously affected, or whose
667
personal enjoyment is lessened by the nuisance.
668
(7) An action for nuisance against an agricultural operation is governed by Title 4, Chapter
669
44, Agricultural Operations Nuisances Act.
670
(8) "Critical infrastructure materials operations" means the same as [that term] the term
671
"critical infrastructure materials use" is defined in Section 10-9a-901.
672
(9) "Manufacturing facility" means a factory, plant, or other facility including its
673
appurtenances, where the form of raw materials, processed materials, commodities, or
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674
other physical objects is converted or otherwise changed into other materials,
675
commodities, or physical objects or where such materials, commodities, or physical
676
objects are combined to form a new material, commodity, or physical object.
677
Section 13. Repealer.
678
This bill repeals:
679
Section 17-41-102, Study of critical infrastructure materials operations and related
680
mining.
681
Section 14. Effective Date.
682
This bill takes effect on May 7, 2025.
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