Utah § 78B-6-1103 Manufacturing facility in operation over three years -- Limited application of restrictions.

Utah Statutes

§ 78B-6-1103 — Manufacturing facility in operation over three years -- Limited application of restrictions.

Utah § 78B-6-1103

Title 78BJudicial Code

Ch. 78B-6Particular Proceedings

Part 78B-6-11Nuisance

This text of Utah § 78B-6-1103 (Manufacturing facility in operation over three years -- Limited application of restrictions.) 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. § 78B-6-1103 (2026).

Text

(1)(1)(a) Notwithstanding Sections 76-9-1301 and 78B-6-1101, a manufacturing facility may not be considered a nuisance because of any changed circumstance in land uses near the facility if:

(1)(a)(i) the manufacturing facility has been in operation for more than three years; and

(1)(a)(ii) the manufacturing facility was not a nuisance at the time it began operation.

(1)(b) The manufacturing facility may not increase the condition asserted to be a nuisance.

(1)(c) The provisions of this Subsection (1) do not apply if a nuisance results from the negligent or improper operation of a manufacturing facility.

(2)Nothing in this section affects the right of a person to recover damages for injuries or damage sustained as a result of the pollution or change in the conditions of the waters of a s

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(1) (1)(a) Notwithstanding Sections 76-9-1301 and 78B-6-1101, a manufacturing facility may not be considered a nuisance because of any changed circumstance in land uses near the facility if:
(1)(a)(i) the manufacturing facility has been in operation for more than three years; and
(1)(a)(ii) the manufacturing facility was not a nuisance at the time it began operation.
(1)(b) The manufacturing facility may not increase the condition asserted to be a nuisance.
(1)(c) The provisions of this Subsection (1) do not apply if a nuisance results from the negligent or improper operation of a manufacturing facility.
(2) Nothing in this section affects the right of a person to recover damages for injuries or damage sustained as a result of the pollution or change in the conditions of the waters of a stream or overflow of the lands of any person.
(3) (3)(a) Any and all ordinances now or in the future adopted by any county or municipal corporation in which a manufacturing facility is located and which makes its operation a nuisance or providing for an abatement as a nuisance in the circumstances set forth in this section are null and void.
(3)(b) The provisions of this Subsection (3) may not apply whenever a nuisance results from the negligent or improper operation of a manufacturing facility.