17-27a-521 - Refineries.
17-27a-521. Refineries.
(1) As used in this section, "develop" or "development" means:
(a) the construction, alteration, or improvement of land, including any related moving,demolition, or excavation outside of a refinery property boundary;
(b) the subdivision of land for a non-industrial use; or
(c) the construction of a non-industrial structure on a parcel that is not subject to thesubdivision process.
(2) Before a legislative body may adopt a non-industrial zoning change to permitdevelopment within 500 feet of a refinery boundary, the legislative body shall consult with therefinery to determine whether the proposed change is compatible with the refinery.
(3) Before a land use authority may approve an application to develop within 500 feet ofa refinery boundary, the land use authority shall consult with the refinery to determine whetherthe development is compatible with the refinery.
(4) A legislative body described in Subsection (2), or a land use authority described inSubsection (3), may not request from the refinery:
(a) proprietary information;
(b) information, if made public, that would create a security or safety risk to the refineryor the public;
(c) information that is restricted from public disclosure under federal or state law; or
(d) information that is available in public record.
(5) (a) This section does not grant authority to a legislative body described in Subsection(2), or a land use authority described in Subsection (3), to require a refinery to undertake or ceasean action.
(b) This section does not create a cause of action against a refinery.
(c) Except as expressly provided in this section, this section does not alter or remove anylegal right or obligation of a refinery.
Enacted by Chapter 306, 2010 General Session