Utah Code 40-6-2.5. Preemption
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(1)
Terms Used In Utah Code 40-6-2.5
- Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-6-2
- Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-6-2
- Gas: means natural gas, as defined in Subsection (10), natural gas liquids, as defined in Subsection (11), other gas, as defined in Subsection (17), or any mixture of them. See Utah Code 40-6-2
- 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
- Oil: includes tar sands produced at the wellhead in liquid form through enhanced recovery operations authorized by the board in accordance with Subsection 40-6-5(3)(c). See Utah Code 40-6-2
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) As used in this section, “oil and gas activity” means activity associated with the exploration, development, production, processing, and transportation of oil and gas as set forth in Title 40, Chapter 6, Board and Division of Oil, Gas, and Mining, including:(1)(a)(i) drilling;(1)(a)(ii) hydraulic fracture stimulation;(1)(a)(iii) completion, maintenance, reworking, recompletion, disposal, plugging, and abandonment of wells;(1)(a)(iv) construction activities;(1)(a)(v) secondary and tertiary recovery techniques;(1)(a)(vi) remediation activities; and(1)(a)(vii) any other activity identified by the Board of Oil, Gas, and Mining.(1)(b) Oil and gas activity does not include any activity or authority directly authorized or granted to a political subdivision by the state.
(2) Subject to relevant federal law, regulation of oil and gas activity is of statewide concern and the state regulation of oil and gas activity occupies the whole field of potential regulation.
(3) The legislative body of a political subdivision may enact, amend, or enforce a local ordinance, resolution, or rule consistent with its general land use authority that:
(3)(a) regulates only surface activity that is incident to an oil and gas activity;
(3)(b) does not effectively or unduly limit, ban, or prohibit an oil and gas activity; and
(3)(c) is not otherwise preempted by state or federal law.