Title 17 Chapter 27a Section 401

Counties
County Land Use, Development, and Management Act
Section 401
General plan required -- Content -- Provisions related to radioactive waste facility.

            

17-27a-401.   General plan required -- Content -- Provisions related to radioactive waste facility.

            (1) In order to accomplish the purposes of this chapter, each county shall prepare and adopt a comprehensive, long-range general plan for:

            (a) present and future needs of the county; and

            (b) growth and development of all or any part of the land within the unincorporated portions of the county.

            (2) The plan may provide for:

            (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic activities, aesthetics, and recreational, educational, and cultural opportunities;

            (b) the reduction of the waste of physical, financial, or human resources that result from either excessive congestion or excessive scattering of population;

            (c) the efficient and economical use, conservation, and production of the supply of:

            (i) food and water; and

            (ii) drainage, sanitary, and other facilities and resources;

            (d) the use of energy conservation and solar and renewable energy resources;

            (e) the protection of urban development;

            (f) the protection or promotion of moderate income housing;

            (g) the protection and promotion of air quality;

            (h) historic preservation;

            (i) identifying future uses of land that are likely to require an expansion or significant modification of services or facilities provided by each affected entity; and

            (j) an official map.

            (3) (a) The plan shall include specific provisions related to any areas within, or partially within, the exterior boundaries of the county, or contiguous to the boundaries of a county, which are proposed for the siting of a storage facility or transfer facility for the placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as these wastes are defined in Section 19-3-303. The provisions shall address the effects of the proposed site upon the health and general welfare of citizens of the state, and shall provide:

            (i) the information identified in Section 19-3-305;

            (ii) information supported by credible studies that demonstrates that the provisions of Subsection 19-3-307(2) have been satisfied; and

            (iii) specific measures to mitigate the effects of high-level nuclear waste and greater than class C radioactive waste and guarantee the health and safety of the citizens of the state.

            (b) A county may, in lieu of complying with Subsection (3)(a), adopt an ordinance indicating that all proposals for the siting of a storage facility or transfer facility for the placement of high-level nuclear waste or greater than class C radioactive waste wholly or partially within the county are rejected.

            (c) A county may adopt the ordinance listed in Subsection (3)(b) at any time.

            (d) The county shall send a certified copy of the ordinance under Subsection (3)(b) to the executive director of the Department of Environmental Quality by certified mail within 30 days of enactment.

            (e) If a county repeals an ordinance adopted pursuant to Subsection (3)(b) the county shall:

            (i) comply with Subsection (3)(a) as soon as reasonably possible; and

            (ii) send a certified copy of the repeal to the executive director of the Department of Environmental Quality by certified mail within 30 days after the repeal.

            (4) The plan may define the county's local customs, local culture, and the components necessary for the county's economic stability.

            (5) Subject to Subsection 17-27a-403(2), the county may determine the comprehensiveness, extent, and format of the general plan.


Renumbered and Amended by Chapter 254, 2005 General Session