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7 LONG TITLE
8 General Description:
9 This bill addresses the processes related to water source protection zones and related
10 ordinances.
11 Highlighted Provisions:
12 This bill:
13 ▸ modifies the minimum requirements for ordinances;
14 ▸ provides processes for approving water source protection zones;
15 ▸ repeals outdated language; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 17-41-402.5, as enacted by Laws of Utah 2009, Chapter 376
24 19-4-113, as last amended by Laws of Utah 2009, Chapter 173
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 17-41-402.5 is amended to read:
28 17-41-402.5. Limits on political subdivisions with respect to a vested mining use --
29 Exception.
30 (1) A political subdivision may not:
31 (a) terminate a vested mining use, whether by amortization, the exercise of police
32 power, or otherwise;
33 (b) prohibit, restrict, or otherwise limit a mine operator with a vested mining use from
34 exercising the rights permitted under this chapter;
35 (c) require, for a vested mining use:
36 (i) a variance;
37 (ii) a conditional use permit;
38 (iii) a special exception;
39 (iv) the establishment or determination of a nonconforming use right; or
40 (v) any other type of zoning or land use permit; or
41 (d) prohibit, restrict, limit, or otherwise regulate a vested mining use under a variance,
42 conditional use permit, special exception, or other zoning or land use permit issued before May
43 12, 2009.
44 (2) Subsection (1) does not prohibit a political subdivision from requiring a vested
45 mining use to comply with the generally applicable, reasonable health and safety regulations
46 and building code adopted by the political subdivision including a drinking water protection
47 zone as defined and limited to Subsection 19-4-113(4)[
48 Section 2. Section 19-4-113 is amended to read:
49 19-4-113. Water source protection ordinance required.
50 (1) (a) Before May 3, 2010, a first or second class county shall:
51 (i) adopt an ordinance in compliance with this section after:
52 (A) considering the rules established by the board to protect a watershed or water
53 source used by a public water system;
54 (B) consulting with a wholesale water supplier or retail water supplier whose drinking
55 water source is within the county's jurisdiction;
56 (C) considering the effect of the proposed ordinance on:
57 (I) agriculture production within an agricultural protection area created under Title 17,
58 Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas; and
59 (II) a manufacturing, industrial, or mining operation within the county's jurisdiction;
60 and
61 (D) holding a public hearing in accordance with Title 52, Chapter 4, Open and Public
62 Meetings Act; and
63 (ii) file a copy of the ordinance with the board.
64 (b) A municipality in a first or second class county may adopt an ordinance that a first
65 or second class county is required to adopt by this section by following the procedures and
66 requirements of this section.
67 (2) (a) A county ordinance adopted in accordance with this section applies to the
68 incorporated and unincorporated areas of the county unless a municipality adopts an ordinance
69 in accordance with this section.
70 (b) A municipal ordinance adopted in accordance with this section supercedes, within
71 the municipality's jurisdiction, a county ordinance adopted in accordance with this section.
72 (3) An ordinance required or authorized by this section at a minimum shall:
73 (a) designate a drinking water source protection zone in accordance with Subsection
74 (4) for a groundwater source that is:
75 (i) used by a public water system; and
76 (ii) located within the county's or municipality's jurisdiction;
77 (b) contain a zoning provision regulating the storage, handling, use, or production of a
78 hazardous or toxic substance within a drinking water source protection zone designated under
79 Subsection (3)(a); [
80 (c) authorize a retail water supplier or wholesale water supplier to seek enforcement of
81 the ordinance provision required by Subsections (3)(a) and (b) in a district court located within
82 the county or municipality if the county or municipality:
83 (i) notifies the retail water supplier or wholesale water supplier within 10 days of
84 receiving notice of a violation of the ordinance that the county or municipality will not seek
85 enforcement of the ordinance; or
86 (ii) does not seek enforcement within two days of a notice of violation of the ordinance
87 when the violation may cause irreparable harm to the groundwater source[
88 (d) provide for disclosure to owners of private property affected by a drinking water
89 source protection zone, as follows:
90 (i) require a notice of the drinking water source protection zone be recorded with the
91 title of property affected by a drinking water source protection zone; or
92 (ii) in lieu of recording a notice under Subsection (3)(d)(i), the retail water supplier or
93 wholesale water supplier shall secure a drinking water source protection easement over and on
94 affected property;
95 (e) require at least one public hearing when a public water system for culinary use
96 proposes improvements to a new or existing drinking water source that will affect a drinking
97 water source protection zone designation on private property:
98 (i) that occurs before final approval of development or improvement of a drinking
99 water source;
100 (ii) that presents the reasonably anticipated extent and effect of any proposed drinking
101 water source protection zone on private property;
102 (iii) that is noticed by certified mail to the property owners likely to be affected, and by
103 posting in a newspaper of general circulation in the affected area, no less than 10 days in
104 advance of the public hearing; and
105 (iv) except that property owned or otherwise controlled by the public water system is
106 exempt from the hearing requirements of this Subsection (3)(e); and
107 (f) designate the department as the agency responsible for hearing appeals related to the
108 configuration of a public water system's drinking water source protection zone.
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110 designate a drinking water source protection zone required by Subsection (3)(a) within:
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114 system's drinking water source protection plan in accordance with board rules.
115 (b) For a drinking water source developed or improved on or after May 12, 2020, and
116 after public notice and hearing as required in Subsection (3)(e), a county may:
117 (i) approve a proposed new or expanded drinking water source protection zone if
118 requested by a public water system; or
119 (ii) reject a proposed new or expanded drinking water source protection zone.
120 (c) If a county rejects a proposed new or expanded drinking water source protection
121 zone, the public water system may pursue other drinking water source protection remedies to
122 protect the proposed source.
123 (d) A county shall make publicly accessible by the Internet a map of the county's water
124 source protection zones.
125 (5) A zoning provision required by Subsection (3)(b) is not subject to Subsection
126 17-41-402(3).
127 (6) An ordinance authorized by Section 10-8-15 supercedes an ordinance required or
128 authorized by this section to the extent that the ordinances conflict.
129 (7) The board shall[
130 county or municipality preparing and implementing an ordinance in accordance with this
131 section[
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