17-41-402 - Limitations on local regulations.
17-41-402. Limitations on local regulations.
(1) A political subdivision within which an agriculture protection area or industrialprotection area is created or with a mining protection area within its boundary shall encouragethe continuity, development, and viability of agriculture, industrial, or mining use, respectively,within the area by not enacting a local law, ordinance, or regulation that would unreasonablyrestrict a farm structure or farm practice or, in the case of an industrial protection area, anindustrial use of the land within the area or, in the case of a mining protection area, a mining usewithin the protection area unless the law, ordinance, or regulation bears a direct relationship topublic health or safety.
(2) A political subdivision may not change the zoning designation of or a zoningregulation affecting land within an agriculture protection area unless the political subdivisionreceives written approval for the change from all the landowners within the agriculture protectionarea affected by the change.
(3) Except as provided by Section 19-4-113, a political subdivision may not change thezoning designation of or a zoning regulation affecting land within an industrial protection areaunless the political subdivision receives written approval for the change from all the landownerswithin the industrial protection area affected by the change.
(4) A political subdivision may not change the zoning designation of or a zoningregulation affecting land within a mining protection area unless the political subdivision receiveswritten approval for the change from each mine operator within the area.
Amended by Chapter 376, 2009 General Session