§ 17-79-402 — Specific provisions for general plan.

(1) (1)(a) The general plan of a specified county, as defined in Section 17-80-101, shall include a moderate income housing element that meets the requirements of Section 17-80-201.
(1)(b) (1)(b)(i) This Subsection (1)(b) applies to a county that does not qualify as a specified county as of January 1, 2023.
(1)(b)(ii) As of January 1, if a county changes from one class to another or grows in population to qualify as a specified county, the county shall amend the county's general plan to include a moderate income housing element that meets the requirements of Section 17-80-201 on or before August 1 of the first calendar year beginning on January 1 in which the county qualifies as a specified county.
(1)(b)(iii) A county described in Subsection (1)(b)(ii) shall send a copy of the county's amended general plan to the association of governments, established in accordance with an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a member.
(2) (2)(a) All county general plans shall contain a resource management plan for the public lands, as defined in Section 63L-6-102, within the county.
(2)(b) The resource management plan described in Subsection (2)(a) shall address:
(2)(b)(i) mining;
(2)(b)(ii) land use;
(2)(b)(iii) livestock and grazing;
(2)(b)(iv) irrigation;
(2)(b)(v) agriculture;
(2)(b)(vi) fire management;
(2)(b)(vii) noxious weeds;
(2)(b)(viii) forest management;
(2)(b)(ix) water rights;
(2)(b)(x) ditches and canals;
(2)(b)(xi) water quality and hydrology;
(2)(b)(xii) flood plains and river terraces;
(2)(b)(xiii) wetlands;
(2)(b)(xiv) riparian areas;
(2)(b)(xv) predator control;
(2)(b)(xvi) wildlife;
(2)(b)(xvii) fisheries;
(2)(b)(xviii) recreation and tourism;
(2)(b)(xix) energy resources;
(2)(b)(xx) mineral resources;
(2)(b)(xxi) cultural, historical, geological, and paleontological resources;
(2)(b)(xxii) wilderness;
(2)(b)(xxiii) wild and scenic rivers;
(2)(b)(xxiv) threatened, endangered, and sensitive species;
(2)(b)(xxv) land access;
(2)(b)(xxvi) law enforcement;
(2)(b)(xxvii) economic considerations; and
(2)(b)(xxviii) air.
(2)(c) For each item listed under Subsection (2)(b), a county's resource management plan shall:
(2)(c)(i) establish findings pertaining to the item;
(2)(c)(ii) establish defined objectives; and
(2)(c)(iii) outline general policies and guidelines on how the objectives described in Subsection (2)(c)(ii) are to be accomplished.
(3) (3)(a) (3)(a)(i) All county general plans shall include specific provisions related to an area within, or partially within, the exterior boundaries of the county, or contiguous to the boundaries of a county, which are proposed for the siting of a storage facility or transfer facility for the placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as these wastes are defined in Section 19-3-303.
(3)(a)(ii) The provisions described in Subsection (3)(a)(i) shall address the effects of the proposed site upon the health and general welfare of citizens of the state, and shall provide:
(3)(a)(ii)(A) the information identified in Section 19-3-305;
(3)(a)(ii)(B) information supported by credible studies that demonstrates that Subsection 19-3-307(2) has been satisfied; and
(3)(a)(ii)(C) specific measures to mitigate the effects of high-level nuclear waste and greater than class C radioactive waste and guarantee the health and safety of the citizens of the state.
(3)(b) A county may, in lieu of complying with Subsection (3)(a), adopt an ordinance indicating that all proposals for the siting of a storage facility or transfer facility for the placement of high-level nuclear waste or greater than class C radioactive waste wholly or partially within the county are rejected.
(3)(c) A county may adopt the ordinance listed in Subsection (3)(b) at any time.
(3)(d) The county shall send a certified copy of the ordinance described in Subsection (3)(b) to the executive director of the Department of Environmental Quality by certified mail within 30 days of enactment.
(3)(e) If a county repeals an ordinance adopted under Subsection (3)(b), the county shall:
(3)(e)(i) comply with Subsection (3)(a) as soon as reasonably possible; and
(3)(e)(ii) send a certified copy of the repeal to the executive director of the Department of Environmental Quality by certified mail within 30 days after the repeal.
(4) If a county has designated a mountainous planning district, the general plan for the mountainous planning district is the controlling plan.

Legislative History

Enacted by Chapter 14, 2025 Special Session 1