H.B. 383
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7 LONG TITLE
8 General Description:
9 This bill prohibits certain sand, gravel, or rock commercial enterprises from operating
10 within 2,000 feet of a residence, public building, or church.
11 Highlighted Provisions:
12 This bill:
13 . defines terms; and
14 . prohibits certain sand, gravel, or rock commercial enterprises from operating within
15 2,000 feet of a residence, public building, or church.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 40-11-101 , Utah Code Annotated 1953
23 40-11-102 , Utah Code Annotated 1953
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 40-11-101 is enacted to read:
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28 40-11-101. Title.
29 This chapter is known as "Sand and Gravel Operations."
30 Section 2. Section 40-11-102 is enacted to read:
31 40-11-102. Location of sand and gravel operations restricted -- Exceptions.
32 (1) As used in this section:
33 (a) "Commercial enterprise" means a business that extracts sand, gravel, or rock
34 aggregate for profit.
35 (b) "Operate" or "operation" means to actively engage on a regular basis in the activity
36 of extracting sand, gravel, or rock.
37 (c) "Public building" means a building or permanent structure that is:
38 (i) owned or leased by:
39 (A) the state; or
40 (B) a local government entity; and
41 (ii) used for:
42 (A) public education;
43 (B) transacting public business; or
44 (C) regularly conducting government activities.
45 (2) Except as provided in Subsection (3), on or after May 13, 2014, a commercial
46 enterprise may not operate within 2,000 feet of a residence, public building, or church.
47 (3) Subsection (2) does not apply to:
48 (a) a commercial enterprise in operation before May 13, 2014; or
49 (b) a proposed commercial enterprise for which a land use application is filed before
50 May 13, 2014:
51 (i) with a municipality in accordance with Title 10, Chapter 9a, Municipal Land Use,
52 Development, and Management Act; or
53 (ii) with a county in accordance with Title 17, Chapter 27a, County Land Use,
54 Development, and Management Act.
Legislative Review Note
as of 1-21-14 11:09 AM