Title 47 Nuisances
Chapter 3 Shooting Ranges
Section 3 When nuisance action permitted.
47-3-3. When nuisance action permitted.
(1) Each state agency or political subdivision shall ensure that any of its rules or
ordinances that define or prohibit a public nuisance exclude from the definition or prohibition
any shooting range that was established, constructed, or operated prior to the implementation of
the rule or ordinance regarding public nuisance unless that activity or operation substantially and
adversely affects public health or safety.
(2) A person who operates or uses a shooting range in this state is not subject to civil
liability or criminal prosecution for noise or noise pollution resulting from the operation or use of
the range if:
(a) the range:
(i) was established, constructed, or operated prior to the implementation of any noise
ordinances, rules, or regulations; and
(ii) does not substantially and adversely affect public health or safety; or
(b) the range:
(i) is in compliance with any noise control laws, ordinances, rules, or regulations that
applied to the range and its operation at the time of establishment, construction, or initial
operation of the range; and
(ii) does not substantially and adversely affect public health or safety.
(3) For the purposes of this section, noise generated by a shooting range that is operated
in accordance with nationally recognized standards and operating practices is not a public health
nuisance.
(4) For any new subdivision development located in whole or in part within 1,000 feet of
the boundary of any shooting range that was established, constructed, or operated prior to the
development of the subdivision, the owner of the development shall provide on any plat filed
with the county recorder the following notice:
"Shooting Range Area
This property is located in the vicinity of an established shooting range. It can be
anticipated that customary uses and activities at this shooting range will be conducted now and in
the future. The use and enjoyment of this property is expressly conditioned on acceptance of any
annoyance or inconvenience which may result from these uses and activities."
Enacted by Chapter 286, 1998 General Session
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