17-41-403. Nuisances.
(1) Each political subdivision shall ensure that any of its laws or ordinances that define
or prohibit a public nuisance exclude from the definition or prohibition:
(a) for an agriculture protection area, any agricultural activity or operation within an
agriculture protection area conducted using sound agricultural practices unless that activity or
operation bears a direct relationship to public health or safety; or
(b) for an industrial protection area, any industrial use of the land within the industrial
protection area that is consistent with sound practices applicable to the industrial use, unless that
use bears a direct relationship to public health or safety.
(2) In a civil action for nuisance or a criminal action for public nuisance under Section
76-10-803, it is a complete defense if the action involves agricultural activities and those
agricultural 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 alleged
nuisance or were conducted according to sound agricultural practices.
(3) (a) A vested mining use undertaken in conformity with applicable federal and state
law 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 to
have become a private or public nuisance because of a subsequent change in the condition of
land within the vicinity of the vested mining use.
(4) (a) For any new subdivision development located in whole or in part within 300 feet
of the boundary of an agriculture protection area, the owner of the development shall provide
notice 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 in
which normal agricultural uses and activities have been afforded the highest priority use
status. It can be anticipated that such agricultural uses and activities may now or in the
future be conducted on property included in the agriculture protection area. The use and
enjoyment of this property is expressly conditioned on acceptance of any annoyance or
inconvenience 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 of
the boundary of an industrial protection area, the owner of the development shall provide notice
on 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 in
which normal industrial uses and activities have been afforded the highest priority use
status. It can be anticipated that such industrial uses and activities may now or in the
future be conducted on property included in the industrial protection area. The use and
enjoyment of this property is expressly conditioned on acceptance of any annoyance or
inconvenience 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 of
the 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 in
which normal mining uses and activities have been afforded the highest priority use status. It can
be anticipated that the mining uses and activities may now or in the future be conducted on
property included in the mining protection area. The use and enjoyment of this property is
expressly conditioned on acceptance of any annoyance or inconvenience that may result from the
normal mining uses and activities."
Amended by Chapter 376, 2009 General Session
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Last revised: Thursday, May 28, 2009