§ 23A-13-302 — Limitations on local regulations.

(1) (1)(a) A county within which a migratory bird production area is located shall encourage the continuity, development, and viability of the migratory bird production area.
(1)(b) Except as otherwise specifically provided in this chapter, the purposes, uses, and activities of a migratory bird production area described in this chapter are afforded the highest priority of use status.
(1)(c) A structure, improvement, or activity historically or customarily used in conjunction with a migratory bird production area is considered a permitted use under the county's zoning law, ordinance, or regulation.
(2) A county within which a migratory bird production area is located may not:

(2)(a) enact a law, ordinance, or regulation that unreasonably restricts an activity normally associated with the migratory bird production area;
(2)(b) change the zoning designation of, or a zoning regulation applying to land within a migratory bird production area unless the county receives written approval for the change from all the landowners within the migratory bird production area; or
(2)(c) enact a law, ordinance, or regulation concerning the use, operation, or discharge of a firearm on a migratory bird production area.
(3) For purposes of Subsection (2)(a), a law, ordinance, or regulation is unreasonable if it restricts or impairs the purposes, uses, and activities historically or customarily associated with a migratory bird production area.

Legislative History

Renumbered and Amended by Chapter 103, 2023 General Session