State Codes and Statutes

Statutes > Utah > Title-17 > Chapter-41 > 17-41-403

17-41-403. Nuisances.
(1) Each political subdivision shall ensure that any of its laws or ordinances that defineor prohibit a public nuisance exclude from the definition or prohibition:
(a) for an agriculture protection area, any agricultural activity or operation within anagriculture protection area conducted using sound agricultural practices unless that activity oroperation bears a direct relationship to public health or safety; or
(b) for an industrial protection area, any industrial use of the land within the industrialprotection area that is consistent with sound practices applicable to the industrial use, unless thatuse bears a direct relationship to public health or safety.
(2) In a civil action for nuisance or a criminal action for public nuisance under Section76-10-803, it is a complete defense if the action involves agricultural activities and thoseagricultural activities were:
(a) conducted within an agriculture protection area; and
(b) not in violation of any federal, state, or local law or regulation relating to the allegednuisance or were conducted according to sound agricultural practices.
(3) (a) A vested mining use undertaken in conformity with applicable federal and statelaw and regulations is presumed to be operating within sound mining practices.
(b) A vested mining use that is consistent with sound mining practices:
(i) is presumed to be reasonable; and
(ii) may not constitute a private or public nuisance under Section 76-10-803.
(c) A vested mining use in operation for more than three years may not be considered tohave become a private or public nuisance because of a subsequent change in the condition ofland within the vicinity of the vested mining use.
(4) (a) For any new subdivision development located in whole or in part within 300 feetof the boundary of an agriculture protection area, the owner of the development shall providenotice on any plat filed with the county recorder the following notice:
"Agriculture Protection Area

This property is located in the vicinity of an established agriculture protection area inwhich normal agricultural uses and activities have been afforded the highest priority usestatus. It can be anticipated that such agricultural uses and activities may now or in thefuture be conducted on property included in the agriculture protection area. The use andenjoyment of this property is expressly conditioned on acceptance of any annoyance orinconvenience which may result from such normal agricultural uses and activities."
(b) For any new subdivision development located in whole or in part within 1,000 feet ofthe boundary of an industrial protection area, the owner of the development shall provide noticeon any plat filed with the county recorder the following notice:
"Industrial Protection Area

This property is located in the vicinity of an established industrial protection area inwhich normal industrial uses and activities have been afforded the highest priority usestatus. It can be anticipated that such industrial uses and activities may now or in thefuture be conducted on property included in the industrial protection area. The use andenjoyment of this property is expressly conditioned on acceptance of any annoyance orinconvenience which may result from such normal industrial uses and activities."
(c) For any new subdivision development located in whole or in part within 1,000 feet ofthe boundary of a mining protection area, the owner of the development shall provide notice on

any plat filed with the county recorder the following notice:
"This property is located within the vicinity of an established mining protection area inwhich normal mining uses and activities have been afforded the highest priority use status. It canbe anticipated that the mining uses and activities may now or in the future be conducted onproperty included in the mining protection area. The use and enjoyment of this property isexpressly conditioned on acceptance of any annoyance or inconvenience that may result from thenormal mining uses and activities."

Amended by Chapter 376, 2009 General Session

State Codes and Statutes

Statutes > Utah > Title-17 > Chapter-41 > 17-41-403

17-41-403. Nuisances.
(1) Each political subdivision shall ensure that any of its laws or ordinances that defineor prohibit a public nuisance exclude from the definition or prohibition:
(a) for an agriculture protection area, any agricultural activity or operation within anagriculture protection area conducted using sound agricultural practices unless that activity oroperation bears a direct relationship to public health or safety; or
(b) for an industrial protection area, any industrial use of the land within the industrialprotection area that is consistent with sound practices applicable to the industrial use, unless thatuse bears a direct relationship to public health or safety.
(2) In a civil action for nuisance or a criminal action for public nuisance under Section76-10-803, it is a complete defense if the action involves agricultural activities and thoseagricultural activities were:
(a) conducted within an agriculture protection area; and
(b) not in violation of any federal, state, or local law or regulation relating to the allegednuisance or were conducted according to sound agricultural practices.
(3) (a) A vested mining use undertaken in conformity with applicable federal and statelaw and regulations is presumed to be operating within sound mining practices.
(b) A vested mining use that is consistent with sound mining practices:
(i) is presumed to be reasonable; and
(ii) may not constitute a private or public nuisance under Section 76-10-803.
(c) A vested mining use in operation for more than three years may not be considered tohave become a private or public nuisance because of a subsequent change in the condition ofland within the vicinity of the vested mining use.
(4) (a) For any new subdivision development located in whole or in part within 300 feetof the boundary of an agriculture protection area, the owner of the development shall providenotice on any plat filed with the county recorder the following notice:
"Agriculture Protection Area

This property is located in the vicinity of an established agriculture protection area inwhich normal agricultural uses and activities have been afforded the highest priority usestatus. It can be anticipated that such agricultural uses and activities may now or in thefuture be conducted on property included in the agriculture protection area. The use andenjoyment of this property is expressly conditioned on acceptance of any annoyance orinconvenience which may result from such normal agricultural uses and activities."
(b) For any new subdivision development located in whole or in part within 1,000 feet ofthe boundary of an industrial protection area, the owner of the development shall provide noticeon any plat filed with the county recorder the following notice:
"Industrial Protection Area

This property is located in the vicinity of an established industrial protection area inwhich normal industrial uses and activities have been afforded the highest priority usestatus. It can be anticipated that such industrial uses and activities may now or in thefuture be conducted on property included in the industrial protection area. The use andenjoyment of this property is expressly conditioned on acceptance of any annoyance orinconvenience which may result from such normal industrial uses and activities."
(c) For any new subdivision development located in whole or in part within 1,000 feet ofthe boundary of a mining protection area, the owner of the development shall provide notice on

any plat filed with the county recorder the following notice:
"This property is located within the vicinity of an established mining protection area inwhich normal mining uses and activities have been afforded the highest priority use status. It canbe anticipated that the mining uses and activities may now or in the future be conducted onproperty included in the mining protection area. The use and enjoyment of this property isexpressly conditioned on acceptance of any annoyance or inconvenience that may result from thenormal mining uses and activities."

Amended by Chapter 376, 2009 General Session


State Codes and Statutes

State Codes and Statutes

Statutes > Utah > Title-17 > Chapter-41 > 17-41-403

17-41-403. Nuisances.
(1) Each political subdivision shall ensure that any of its laws or ordinances that defineor prohibit a public nuisance exclude from the definition or prohibition:
(a) for an agriculture protection area, any agricultural activity or operation within anagriculture protection area conducted using sound agricultural practices unless that activity oroperation bears a direct relationship to public health or safety; or
(b) for an industrial protection area, any industrial use of the land within the industrialprotection area that is consistent with sound practices applicable to the industrial use, unless thatuse bears a direct relationship to public health or safety.
(2) In a civil action for nuisance or a criminal action for public nuisance under Section76-10-803, it is a complete defense if the action involves agricultural activities and thoseagricultural activities were:
(a) conducted within an agriculture protection area; and
(b) not in violation of any federal, state, or local law or regulation relating to the allegednuisance or were conducted according to sound agricultural practices.
(3) (a) A vested mining use undertaken in conformity with applicable federal and statelaw and regulations is presumed to be operating within sound mining practices.
(b) A vested mining use that is consistent with sound mining practices:
(i) is presumed to be reasonable; and
(ii) may not constitute a private or public nuisance under Section 76-10-803.
(c) A vested mining use in operation for more than three years may not be considered tohave become a private or public nuisance because of a subsequent change in the condition ofland within the vicinity of the vested mining use.
(4) (a) For any new subdivision development located in whole or in part within 300 feetof the boundary of an agriculture protection area, the owner of the development shall providenotice on any plat filed with the county recorder the following notice:
"Agriculture Protection Area

This property is located in the vicinity of an established agriculture protection area inwhich normal agricultural uses and activities have been afforded the highest priority usestatus. It can be anticipated that such agricultural uses and activities may now or in thefuture be conducted on property included in the agriculture protection area. The use andenjoyment of this property is expressly conditioned on acceptance of any annoyance orinconvenience which may result from such normal agricultural uses and activities."
(b) For any new subdivision development located in whole or in part within 1,000 feet ofthe boundary of an industrial protection area, the owner of the development shall provide noticeon any plat filed with the county recorder the following notice:
"Industrial Protection Area

This property is located in the vicinity of an established industrial protection area inwhich normal industrial uses and activities have been afforded the highest priority usestatus. It can be anticipated that such industrial uses and activities may now or in thefuture be conducted on property included in the industrial protection area. The use andenjoyment of this property is expressly conditioned on acceptance of any annoyance orinconvenience which may result from such normal industrial uses and activities."
(c) For any new subdivision development located in whole or in part within 1,000 feet ofthe boundary of a mining protection area, the owner of the development shall provide notice on

any plat filed with the county recorder the following notice:
"This property is located within the vicinity of an established mining protection area inwhich normal mining uses and activities have been afforded the highest priority use status. It canbe anticipated that the mining uses and activities may now or in the future be conducted onproperty included in the mining protection area. The use and enjoyment of this property isexpressly conditioned on acceptance of any annoyance or inconvenience that may result from thenormal mining uses and activities."

Amended by Chapter 376, 2009 General Session