Title
17 Counties
Chapter 41
Agriculture and Industrial Protection Areas
Section 403 Nuisances.
17-41-403. Nuisances.
(1) Each political subdivision shall ensure that any
of its laws or ordinances that define or prohibit a public nuisance exclude
from the definition or prohibition:
(a) for an agriculture protection area, any
agricultural activity or operation within an agriculture protection area
conducted using sound agricultural practices unless that activity or operation
bears a direct relationship to public health or safety; or
(b) for an industrial protection area, any industrial
use of the land within the industrial protection area that is consistent with
sound practices applicable to the industrial use, unless that use bears a
direct relationship to public health or safety.
(2) In a civil action for nuisance or a criminal
action for public nuisance under Section 76-10-803, it is a complete
defense if the action involves agricultural activities and those agricultural
activities were:
(a) conducted within an agriculture protection area;
and
(b) not in violation of any federal, state, or local
law or regulation relating to the alleged nuisance or were conducted according
to sound agricultural practices.
(3) (a) A vested mining use undertaken in conformity
with applicable federal and state law and regulations is presumed to be
operating within sound mining practices.
(b) A vested mining use that is consistent with sound
mining practices:
(i) is presumed to be reasonable; and
(ii) may not constitute a private or public nuisance
under Section 76-10-803.
(c) A vested mining use in operation for more than
three years may not be considered to have become a private or public nuisance
because of a subsequent change in the condition of land within the vicinity of
the vested mining use.
(4) (a) For any new subdivision development located in
whole or in part within 300 feet of the boundary of an agriculture protection
area, the owner of the development shall provide notice on any plat filed with
the county recorder the following notice:
"Agriculture
Protection Area
This property is located in the vicinity of an
established agriculture protection area in which normal agricultural uses and
activities have been afforded the highest priority use status. It can be
anticipated that such agricultural uses and activities may now or in the future
be conducted on property included in the agriculture protection area. The use
and enjoyment of this property is expressly conditioned on acceptance of any
annoyance or inconvenience which may result from such normal agricultural uses
and activities."
(b) For any new subdivision development located in whole or in part within
1,000 feet of the boundary of an industrial protection area, the owner of the
development shall provide notice on any plat filed with the county recorder the
following notice:
"Industrial
Protection Area
This property is located in the vicinity of an
established industrial protection area in which normal industrial uses and
activities have been afforded the highest priority use status. It can be
anticipated that such industrial uses and activities may now or in the future
be conducted on property included in the industrial protection area. The use
and enjoyment of this property is expressly conditioned on acceptance of any
annoyance or inconvenience which may result from such normal industrial uses
and activities."
(c) For any new subdivision development located in
whole or in part within 1,000 feet of the boundary of a mining protection area,
the owner of the development shall provide notice on
any plat filed with the county recorder the following notice:
"This property is located within the vicinity of an established mining
protection area in which normal mining uses and activities have been afforded
the highest priority use status. It can be anticipated that the mining uses and
activities may now or in the future be conducted on property included in the
mining protection area. The use and enjoyment of this property is expressly
conditioned on acceptance of any annoyance or inconvenience that may result
from the normal mining uses and activities."
Amended by Chapter 376, 2009 General Session