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Utah Code § 40-11-2

Preemption

Enacted by Chapter 62, 2022 General Session

(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:

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

(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:

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

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

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

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.