Utah § 40-11-2 Preemption.

Utah Statutes

§ 40-11-2 — Preemption.

Utah § 40-11-2

Title 40Mines and Mining

Ch. 40-11Geologic Carbon Storage

This text of Utah § 40-11-2 (Preemption.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 40-11-2 (2026).

Text

(1)Regulation of geologic carbon storage is of statewide concern and the state regulation of geologic carbon storage activity occupies the whole field of geologic carbon storage subject to:

(1)(a) the granting of primacy over Class VI geologic sequestration wells; and

(1)(b) relevant federal law.

(2)The legislative body of a political subdivision may enact, amend, or enforce a local ordinance, resolution, or rule consistent with the political subdivision's general land use authority that:

(2)(a) regulates only surface activity that is incidental to geologic carbon storage activity;

(2)(b) does not effectively or unduly limit, ban, or prohibit geologic carbon storage activity; and

(2)(c) is not otherwise preempted by state or federal law.

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(1) Regulation of geologic carbon storage is of statewide concern and the state regulation of geologic carbon storage activity occupies the whole field of geologic carbon storage subject to:

(1)(a) the granting of primacy over Class VI geologic sequestration wells; and
(1)(b) relevant federal law.
(2) The legislative body of a political subdivision may enact, amend, or enforce a local ordinance, resolution, or rule consistent with the political subdivision's general land use authority that:

(2)(a) regulates only surface activity that is incidental to geologic carbon storage activity;
(2)(b) does not effectively or unduly limit, ban, or prohibit geologic carbon storage activity; and
(2)(c) is not otherwise preempted by state or federal law.