§ 17-81-304 — Nuisances.

(1) A political subdivision shall ensure that any of the political subdivision's laws or ordinances that define or prohibit a public nuisance exclude from the definition or prohibition:
(1)(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;
(1)(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; or
(1)(c) for a critical infrastructure materials protection area, any critical infrastructure materials operations on the land within the critical infrastructure materials protection area that is consistent with sound practices applicable to the critical infrastructure materials operations, 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 76-9-1301, it is a complete defense if the action involves agricultural activities and:
(2)(a) those agricultural activities were:
(2)(a)(i) conducted within an agriculture protection area; and
(2)(a)(ii) 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; or
(2)(b) a defense under Section 4-44-201 applies.
(3) (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.
(3)(b) A vested mining use that is consistent with sound mining practices:
(3)(b)(i) is presumed to be reasonable; and
(3)(b)(ii) may not constitute a private or public nuisance under Section 76-9-1301.
(3)(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) The county recorder shall, from time to time, ensure compliance with Section 17-79-716 in regard to subdivision development near a protection area.

Legislative History

Renumbered and Amended by Chapter 14, 2025 Special Session 1