§ 53-30-301 — Improvements -- Legal remedies.

(1) No later than two years after the day on which a certifying officer issues a protection certificate, the protected person may submit to the applicable land use authority a copy of the protection certificate, together with a building permit application, for the construction of one or more security improvements identified in the protection certificate.
(2) (2)(a) Upon receipt of a building permit application for the construction of a security improvement, the land use authority shall:
(2)(a)(i) review the building permit application for the sole purpose of determining compliance with Title 15A, State Construction and Fire Codes Act; and
(2)(a)(ii) issue a building permit authorizing the construction if the application complies with Title 15A, State Construction and Fire Codes Act.
(2)(b) If a building permit application for the construction of a security improvement complies with Title 15A, State Construction and Fire Codes Act, the land use authority shall authorize construction.
(3) A security improvement is not subject to county or municipal land use regulations, except for regulations regarding the exterior of a building that are imposed under Subsection 53-29-201(2)(b).
(4) (4)(a) If a municipality or county unlawfully conditions, delays, or denies a building permit for a security improvement, the protected person may challenge the municipality's or county's action in court.
(4)(b) In an action under this Subsection (4), the court shall allow a party to file documents under seal to preserve the confidentiality of the security improvement.
(4)(c) A building permit application for the construction of a security improvement is not subject to Section 10-6-160 or 17-36-55.

Legislative History

Enacted by Chapter 364, 2025 General Session