United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-612

Local legislative bodies and land use authorities must consult with a refinery before certain development-related approvals within 500 feet of a refinery boundary, and they may not ask the refinery for specified…

constructiondemolitiondevelopment approvaldevelopment permittingdevelopment reviewexcavationland useland use approvalpublic disclosurerefineriesrefinery informationrefinery proximityrefinery sitingsecurity and safetyzoning change

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“Local legislative bodies and land use authorities must consult with a refinery before certain development-related approvals within 500 feet of a refinery boundary, and they may not ask the refinery for specified categories of information.”

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Refineries.

Local legislative bodies and land use authorities must consult with a refinery before certain development-related approvals within 500 feet of a refinery boundary, and they may not ask the refinery for specified categories of information.

Section 10-20-612

Subsection 10-20-612(1)(c)

the construction of a non-industrial structure on a parcel that is not subject to the subdivision process.

Section 10-20-612(1)(c)

Subsection 10-20-612(5)(c)

Except as expressly provided here, this section does not change a refinery’s legal rights or obligations.

Section 10-20-612(5)(c)

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Showing 16 of 16 provisions

Provision 16

Part 10-20-6

part 10-20-6 Land Use Regulations - Particular Situations

§ 10-20-612Refineries.Provision

Local legislative bodies and land use authorities must consult with a refinery before certain development-related approvals within 500 feet of a refinery boundary, and they may not ask the refinery for specified categories of information.

Refineries. As used in this section, "develop" or "development" means: the construction, alteration, or improvement of land, including any related moving, demolition, or excavation outside of a refinery property boundary; the subdivision of land for a non-industrial use; or the construction of a non-industrial structure on a parcel that is not subject to the subdivision process. Before a legislative body may adopt a non-industrial zoning change to permit development within 500 feet of a refinery boundary, the legislative body shall consult with the refinery to determine whether the proposed change is compatible with the refinery. Before a land use authority may approve an application to develop within 500 feet of a refinery boundary, the land use authority shall consult with the refinery to determine whether the development is compatible with the refinery. A legislative body described in Subsection (2) , or a land use authority described in Subsection (3) , may not request from the refinery: proprietary information; information, if made public, that would create a security or safety risk to the refinery or the public; information that is restricted from public disclosure under federal or state law; or information that is available in public record. This section does not grant authority to a legislative body described in Subsection (2) , or a land use authority described in Subsection (3) , to require a refinery to undertake or cease an action. This section does not create a cause of action against a refinery. Except as expressly provided in this section, this section does not alter or remove any legal right or obligation of a refinery.
Section 10-20-612Verify source
§ 10-20-612(1)Subsection 10-20-612(1)Provision

This section defines “develop” or “development” to include certain land construction, alteration, improvement, subdivision, and related activities.

As used in this section, "develop" or "development" means: the construction, alteration, or improvement of land, including any related moving, demolition, or excavation outside of a refinery property boundary; the subdivision of land for a non-industrial use; or the construction of a non-industrial structure on a parcel that is not subject to the subdivision process.
Section 10-20-612(1)Verify source
§ 10-20-612(1)(a)Subsection 10-20-612(1)(a)Provision

the construction, alteration, or improvement of land, including any related moving, demolition, or excavation outside of a refinery property boundary;

the construction, alteration, or improvement of land, including any related moving, demolition, or excavation outside of a refinery property boundary;
Section 10-20-612(1)(a)Verify source
§ 10-20-612(1)(b)Subsection 10-20-612(1)(b)Provision

the subdivision of land for a non-industrial use; or

the subdivision of land for a non-industrial use; or
Section 10-20-612(1)(b)Verify source
§ 10-20-612(1)(c)Subsection 10-20-612(1)(c)Provision

the construction of a non-industrial structure on a parcel that is not subject to the subdivision process.

the construction of a non-industrial structure on a parcel that is not subject to the subdivision process.
Section 10-20-612(1)(c)Verify source
§ 10-20-612(2)Subsection 10-20-612(2)Provision

Before a legislative body may adopt a non-industrial zoning change to permit development within 500 feet of a refinery boundary, the legislative body shall consult with the refinery to determine whether the proposed change is compatible

Before a legislative body may adopt a non-industrial zoning change to permit development within 500 feet of a refinery boundary, the legislative body shall consult with the refinery to determine whether the proposed change is compatible with the refinery.
Section 10-20-612(2)Verify source
§ 10-20-612(3)Subsection 10-20-612(3)Provision

Before approving a development application within 500 feet of a refinery boundary, the land use authority must consult with the refinery.

Before a land use authority may approve an application to develop within 500 feet of a refinery boundary, the land use authority shall consult with the refinery to determine whether the development is compatible with the refinery.
Section 10-20-612(3)Verify source
§ 10-20-612(4)Subsection 10-20-612(4)Provision

A legislative body or land use authority may not request certain categories of information from the refinery.

A legislative body described in Subsection (2) , or a land use authority described in Subsection (3) , may not request from the refinery: proprietary information; information, if made public, that would create a security or safety risk to the refinery or the public; information that is restricted from public disclosure under federal or state law; or information that is available in public record.
Section 10-20-612(4)Verify source
§ 10-20-612(4)(a)Subsection 10-20-612(4)(a)Provision

proprietary information;

proprietary information;
Section 10-20-612(4)(a)Verify source
§ 10-20-612(4)(b)Subsection 10-20-612(4)(b)Provision

information, if made public, that would create a security or safety risk to the refinery or the public;

information, if made public, that would create a security or safety risk to the refinery or the public;
Section 10-20-612(4)(b)Verify source
§ 10-20-612(4)(c)Subsection 10-20-612(4)(c)Provision

information that is restricted from public disclosure under federal or state law; or

information that is restricted from public disclosure under federal or state law; or
Section 10-20-612(4)(c)Verify source
§ 10-20-612(4)(d)Subsection 10-20-612(4)(d)Provision

information that is available in public record.

information that is available in public record.
Section 10-20-612(4)(d)Verify source
§ 10-20-612(5)Subsection 10-20-612(5)Provision

This section limits what certain local bodies can require of a refinery, does not create a cause of action against a refinery, and generally does not change a refinery’s legal rights or obligations except as expressly stated here.

This section does not grant authority to a legislative body described in Subsection (2) , or a land use authority described in Subsection (3) , to require a refinery to undertake or cease an action. This section does not create a cause of action against a refinery. Except as expressly provided in this section, this section does not alter or remove any legal right or obligation of a refinery.
Section 10-20-612(5)Verify source
§ 10-20-612(5)(a)Subsection 10-20-612(5)(a)Provision

This section does not grant authority to a legislative body described in Subsection (2) , or a land use authority described in Subsection (3) , to require a refinery to undertake or cease an action.

This section does not grant authority to a legislative body described in Subsection (2) , or a land use authority described in Subsection (3) , to require a refinery to undertake or cease an action.
Section 10-20-612(5)(a)Verify source
§ 10-20-612(5)(b)Subsection 10-20-612(5)(b)Provision

This section does not create a cause of action against a refinery.

This section does not create a cause of action against a refinery.
Section 10-20-612(5)(b)Verify source
§ 10-20-612(5)(c)Subsection 10-20-612(5)(c)Provision

Except as expressly provided here, this section does not change a refinery’s legal rights or obligations.

Except as expressly provided in this section, this section does not alter or remove any legal right or obligation of a refinery.
Section 10-20-612(5)(c)Verify source

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