2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to land use regulation by local entities.
10 Highlighted Provisions:
11 This bill:
12 ▸ prohibits a municipality or county from restricting the type of crop that may be
13 grown in certain areas;
14 ▸ prohibits regulation by a municipality or county of an industrial hemp producer
15 licensee in conflict with specified statutes and jurisprudence; 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 10-9a-501, as last amended by Laws of Utah 2019, Chapter 384
24 10-9a-528, as enacted by Laws of Utah 2019, First Special Session, Chapter 5
25 17-27a-501, as last amended by Laws of Utah 2019, Chapter 384
26 17-27a-525, as enacted by Laws of Utah 2019, First Special Session, Chapter 5
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 10-9a-501 is amended to read:
30 10-9a-501. Enactment of land use regulation, land use decision, or development
31 agreement.
32 (1) Only a legislative body, as the body authorized to weigh policy considerations, may
33 enact a land use regulation.
34 (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
35 regulation only by ordinance.
36 (b) A legislative body may, by ordinance or resolution, enact a land use regulation that
37 imposes a fee.
38 (3) A legislative body shall ensure that a land use regulation is consistent with the
39 purposes set forth in this chapter.
40 (4) (a) A legislative body shall adopt a land use regulation to:
41 (i) create or amend a zoning district under Subsection 10-9a-503(1)(a); and
42 (ii) designate general uses allowed in each zoning district.
43 (b) A land use authority may establish or modify other restrictions or requirements
44 other than those described in Subsection (4)(a), including the configuration or modification of
45 uses or density, through a land use decision that applies criteria or policy elements that a land
46 use regulation establishes or describes.
47 (5) A municipality may not adopt a land use regulation, development agreement, or
48 land use decision that restricts the type of crop that may be grown in an area that is:
49 (a) zoned agricultural; or
50 (b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
51 Section 2. Section 10-9a-528 is amended to read:
52 10-9a-528. Cannabis production establishments, medical cannabis pharmacies,
53 and industrial hemp producer licensee.
54 (1) As used in this section:
55 (a) "Cannabis production establishment" means the same as that term is defined in
56 Section 4-41a-102.
57 (b) "Industrial hemp producer licensee" means the same as the term "licensee" is
58 defined in Section 4-41-102.
59 [
60 Section 26-61a-102.
61 (2) (a) (i) A municipality may not regulate a cannabis production establishment in
62 conflict with:
63 (A) Title 4, Chapter 41a, Cannabis Production Establishments, and applicable
64 jurisprudence; and
65 (B) this chapter.
66 (ii) A municipality may not regulate a medical cannabis pharmacy in conflict with:
67 (A) Title 26, Chapter 61a, Utah Medical Cannabis Act, and applicable jurisprudence;
68 and
69 (B) this chapter.
70 (iii) A municipality may not regulate an industrial hemp producer licensee in conflict
71 with:
72 (A) Title 4, Chapter 41, Hemp and Cannabinoid Act, and applicable jurisprudence; and
73 (B) this chapter.
74 (b) The Department of Agriculture and Food has plenary authority to license programs
75 or entities that operate a cannabis production establishment.
76 (c) The Department of Health has plenary authority to license programs or entities that
77 operate a medical cannabis pharmacy.
78 (3) (a) Within the time period described in Subsection (3)(b), a municipality shall
79 prepare and adopt a land use regulation, development agreement, or land use decision in
80 accordance with this title and:
81 (i) regarding a cannabis production establishment, Section 4-41a-406; or
82 (ii) regarding a medical cannabis pharmacy, Section 26-61a-507.
83 (b) A municipality shall take the action described in Subsection (3)(a):
84 (i) before January 1, 2021, within 45 days after the day on which the municipality
85 receives a petition for the action; and
86 (ii) after January 1, 2021, in accordance with Subsection 10-9a-509.5(2).
87 Section 3. Section 17-27a-501 is amended to read:
88 17-27a-501. Enactment of land use regulation.
89 (1) Only a legislative body, as the body authorized to weigh policy considerations, may
90 enact a land use regulation.
91 (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
92 regulation only by ordinance.
93 (b) A legislative body may, by ordinance or resolution, enact a land use regulation that
94 imposes a fee.
95 (3) A land use regulation shall be consistent with the purposes set forth in this chapter.
96 (4) (a) A legislative body shall adopt a land use regulation to:
97 (i) create or amend a zoning district under Subsection 17-27a-503(1)(a); and
98 (ii) designate general uses allowed in each zoning district.
99 (b) A land use authority may establish or modify other restrictions or requirements
100 other than those described in Subsection (4)(a), including the configuration or modification of
101 uses or density, through a land use decision that applies criteria or policy elements that a land
102 use regulation establishes or describes.
103 (5) A county may not adopt a land use regulation, development agreement, or land use
104 decision that restricts the type of crop that may be grown in an area that is:
105 (a) zoned agricultural; or
106 (b) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
107 Section 4. Section 17-27a-525 is amended to read:
108 17-27a-525. Cannabis production establishments and medical cannabis
109 pharmacies.
110 (1) As used in this section:
111 (a) "Cannabis production establishment" means the same as that term is defined in
112 Section 4-41a-102.
113 (b) "Industrial hemp producer licensee" means the same as the term "licensee" is
114 defined in Section 4-41-102.
115 [
116 Section 26-61a-102.
117 (2) (a) (i) A county may not regulate a cannabis production establishment in conflict
118 with:
119 (A) Title 4, Chapter 41a, Cannabis Production Establishments, and applicable
120 jurisprudence; and
121 (B) this chapter.
122 (ii) A county may not regulate a medical cannabis pharmacy in conflict with:
123 (A) Title 26, Chapter 61a, Utah Medical Cannabis Act, and applicable jurisprudence;
124 and
125 (B) this chapter.
126 (iii) A county may not regulate an industrial hemp producer licensee in conflict with:
127 (A) Title 4, Chapter 41, Hemp and Cannabinoid Act, and applicable jurisprudence; and
128 (B) this chapter.
129 (b) The Department of Agriculture and Food has plenary authority to license programs
130 or entities that operate a cannabis production establishment.
131 (c) The Department of Health has plenary authority to license programs or entities that
132 operate a medical cannabis pharmacy.
133 (3) (a) Within the time period described in Subsection (3)(b), a county shall prepare
134 and adopt a land use regulation, development agreement, or land use decision in accordance
135 with this title and:
136 (i) regarding a cannabis production establishment, Section 4-41a-406; or
137 (ii) regarding a medical cannabis pharmacy, Section 26-61a-507.
138 (b) A county shall take the action described in Subsection (3)(a):
139 (i) before January 1, 2021, within 45 days after the day on which the county receives a
140 petition for the action; and
141 (ii) after January 1, 2021, in accordance with Subsection [
142 17-27a-509.5(2).