Utah Code 17-41-402.5. Limits on political subdivisions with respect to a vested mining use — Exception
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(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 :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See 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:
(13)(a) owns, controls, or manages a mining use under a large mine permit issued by the division or the board; and(13)(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:
(26)(a) by a mine operator; and(26)(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(1)(a) terminate a vested mining use, whether by amortization, the exercise of police power, or otherwise;(1)(b) prohibit, restrict, or otherwise limit a mine operator with a vested mining use from exercising the rights permitted under this chapter;(1)(c) require, for a vested mining use:(1)(c)(i) a variance;(1)(c)(ii) a conditional use permit;(1)(c)(iii) a special exception;(1)(c)(iv) the establishment or determination of a nonconforming use right; or(1)(c)(v) any other type of zoning or land use permit; or(1)(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). - 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: