reglab/statecodes huggingface dataset:
2023 Utah Code › Title 17 - Counties › Chapter 37 - Planetarium › Section 5 - Budget prepared by directors -- Fiscal year -- Tax levy.

17-37-5.
Budget prepared by directors -- Fiscal year -- Tax levy.
The planetarium board of directors shall prepare an annual budget and estimate of expenditures and in all other respects comply with the requirements of the Uniform Fiscal Procedures Act for Counties and all other general laws relating to budgeting, accounting, disbursing of funds, and other financial matters applicable to counties. A county planetarium shall operate on the same fiscal year as the county and upon approval by the county legislative body of a final fiscal year budget submitted by the board of directors, the county legislative body may, at the time and in the manner prescribed by law for levying general county taxes, levy a tax for planetarium purposes, as provided in this chapter, which shall be sufficient to provide funds for the approved annual budget; but the tax levy imposed may not exceed in any one year .00004 of taxable value of taxable property in the county.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 17 - Counties › Chapter 37 - Planetarium › Section 6 - Rules and regulations -- Use of planetarium by nonresidents.

17-37-6.
Rules and regulations -- Use of planetarium by nonresidents.
The planetarium board of directors shall adopt rules and regulations for the use and operations of any planetarium acquired and established by the county. All persons visiting or using the planetarium shall be subject to the rules and regulations adopted by the board. The board may exclude from the use of the planetarium any and all persons who willfully violate the rules. The board may extend the privileges and use of the planetarium to persons residing outside of the county upon such terms and conditions as may be prescribed by its regulations.
Amended by Chapter 16, 1982 General Session
2023 Utah Code › Title 17 - Counties › Chapter 37 - Planetarium › Section 7 - Annual report -- Financial statement.

17-37-7.
Annual report -- Financial statement.
To the extent that independent accounting records are prepared and maintained by the planetarium, the planetarium board of directors shall make, or in the case of a contracting entity, require that there be made, an annual report to the county executive and the county legislative body on the condition and operation of the planetarium, including a financial statement. The financial statement shall be prepared in accordance with generally accepted accounting principles consistently applied and shall be reviewed by the county auditor. The planetarium shall be included in the annual audit of the county conducted by an independent public accountant as required by Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act.
Amended by Chapter 71, 2005 General Session
2023 Utah Code › Title 17 - Counties › Chapter 37 - Planetarium › Section 8 - Director to be appointed -- Duties and compensation -- Other personnel.

17-37-8.
Director to be appointed -- Duties and compensation -- Other personnel.
(1)
(a) Subject to Subsection (1)(b), the county executive shall appoint a competent person as planetarium director to have immediate charge of:
(i) planetarium facilities and activities not contracted to an outside entity; and
(ii) overseeing the performance of the terms of any contract or lease entered into with a contracting entity.
(b) In a county with a form of government that has a county executive that is separate from the county legislative body, the appointment under Subsection (1)(a) shall be with the advice and consent of the county legislative body.
(2) The planetarium director shall:
(a) have such duties and receive such compensation for the director's services as the county executive shall determine; and
(b) act as the executive officer for the planetarium board and implement the policies of the board.
(3)
(a) The county executive may appoint, upon the recommendation of the planetarium director, other planetarium personnel.
(b) Each county employee working at the planetarium shall be subject to the provisions of Chapter 33, County Personnel Management Act, and other general laws relating to county personnel matters.
Amended by Chapter 31, 2003 General Session
2023 Utah Code › Title 17 - Counties › Chapter 37 - Planetarium › Section 9 - Donations permitted -- Use.

17-37-9.
Donations permitted -- Use.
If a person desires to make donations of money, personal property, or real estate specifically for the benefit of a county planetarium, the board of directors may, with the consent of the county legislative body, accept those donations or other contributions. The board of directors shall manage and administer the donations or contributions in accordance with the terms and conditions of the donating or contributing instrument. All real property and improvements acquired by or specifically for a county planetarium by any means whatsoever, including gift, devise or donation, shall be deeded to and held in the name of the county.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 17 - Counties › Chapter 38 - Zoos › Section 1 - Tax levy for establishment of zoo.

17-38-1.
Tax levy for establishment of zoo.
For the establishment and maintenance of a public zoo counties may levy annually a tax not exceeding .0002 of taxable value of taxable property in the county. The tax is in addition to all taxes levied by counties and is not limited by the levy limitation imposed on counties by law. The taxes shall be levied and collected in the same manner as other general taxes of the county and shall be deposited in a fund to be known as a County Zoo Fund.
Amended by Chapter 3, 1988 General Session
2023 Utah Code › Title 17 - Counties › Chapter 38 - Zoos › Section 2 - Operation and maintenance of zoo -- Advisory board -- Contract for services.

17-38-2.
Operation and maintenance of zoo -- Advisory board -- Contract for services.
Upon the establishment of a county zoo under this act, the county legislative body may provide rules and regulations for its governance and operation, including the establishment of an advisory board. The county executive may contract with an agency or vendor to supply all or part of the services necessary for the operation and maintenance of a county zoo.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 17 - Counties › Chapter 41 - Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas › Part 2 - Advisory Boards › Section 201 - Protection area advisory board.

Effective 5/14/2019
17-41-201.
Protection area advisory board.
(1)
(a)
(i) A county legislative body shall appoint no more than five members from the county's conservation district board of supervisors to serve as the agriculture protection area advisory board.
(ii) A county legislative body shall appoint an industrial protection area advisory board.
(iii) Subject to Subsection (1)(b), a county legislative body shall form a critical infrastructure materials protection area advisory board that consists of:
(A) the executive director of the Department of Transportation, or the executive director's designee;
(B) a local government elected official appointed by the county legislative body;
(C) a representative of a local highway authority appointed by the county legislative body;
(D) a representative of the critical infrastructure materials industry appointed by the county legislative body; and
(E) a representative of the construction industry appointed by the county legislative body.
(b) A county legislative body may appoint an advisory board before or after a proposal to create an agriculture protection area or industrial protection area is filed. A county legislative body shall appoint a critical infrastructure materials protection area advisory board only after a proposal to create a critical infrastructure materials protection area is filed.
(2) A member of an advisory board shall serve without salary, but a county legislative body may reimburse members for expenses incurred in the performance of their duties.
(3) An advisory board shall:
(a) evaluate proposals for the establishment of the relevant protection areas and make recommendations to the applicable legislative body about whether the proposal should be accepted;
(b) provide expert advice to the planning commission and to the applicable legislative body about:
(i) the desirability of the proposal;
(ii) the nature of agricultural production, industrial use, or critical infrastructure materials operations, as the case may be, within the proposed area;
(iii) the relation of agricultural production, industrial use, or critical infrastructure materials operations, as the case may be, in the area to the county as a whole; and
(iv) which agriculture production, industrial use, or critical infrastructure materials operations, should be allowed within the relevant protection area; and
(c) perform the other duties required by this chapter.
Amended by Chapter 227, 2019 General Session
2023 Utah Code › Title 17 - Counties › Chapter 41 - Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas › Part 3 - Proposal and Approval of Protection Area › Section 301 - Proposal for creation of a protection area.

Effective 5/14/2019
17-41-301.
Proposal for creation of a protection area.
(1)
(a) A proposal to create an agriculture protection area, an industrial protection area, or critical infrastructure materials protection area may be filed with:
(i) the legislative body of the county in which the area is located, if the area is within the unincorporated part of a county; or
(ii) the legislative body of the city or town in which the area is located, if the area is within a city or town.
(b) A proposal to create a critical infrastructure protection area can only be initiated by the legislative body of the municipality or county. Creation of a critical infrastructure materials protection area is a legislative act.
(c)
(i) To be accepted for processing by the applicable legislative body, a proposal under Subsection (1)(a) shall be signed by a majority in number of all owners of real property and the owners of a majority of the land area in agricultural production, industrial use, or critical infrastructure materials operations within the proposed relevant protection area.
(ii) For purposes of Subsection (1)(c)(i), the owners of real property shall be determined by the records of the county recorder.
(2) The proposal shall identify:
(a) the boundaries of the land proposed to become part of the relevant protection area;
(b) any limits on the types of agriculture production, industrial use, or critical infrastructure materials operations to be allowed within the relevant protection area; and
(c) for each parcel of land:
(i) the names of the owners of record of the land proposed to be included within the relevant protection area;
(ii) the tax parcel number or account number identifying each parcel; and
(iii) the number of acres of each parcel.
(3) An agriculture protection area, industrial protection area, or critical infrastructure materials protection area may include within its boundaries land used for a roadway, dwelling site, park, or other nonagricultural use, in the case of an industrial protection area, nonindustrial use, or in the case of a critical infrastructure materials protection area, use unrelated to critical infrastructure materials operations, if that land constitutes a minority of the total acreage within the the relevant protection area.
(4) A county or municipal legislative body may establish:
(a) the manner and form for submission of proposals; and
(b) reasonable fees for accepting and processing the proposal.
(5) A county and municipal legislative body shall establish the minimum number of continuous acres that shall be included in an agriculture protection area, industrial protection area, or critical infrastructure materials protection area.
Amended by Chapter 227, 2019 General Session
2023 Utah Code › Title 17 - Counties › Chapter 41 - Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas › Part 3 - Proposal and Approval of Protection Area › Section 302 - Notice of proposal for creation of protection area -- Responses.

Effective 5/3/2023
17-41-302.
Notice of proposal for creation of protection area -- Responses.
(1)
(a) An applicable legislative body shall provide notice of the proposal, as a class B notice under Section 63G-30-102, for at least 15 days.
(b) A legislative body shall provide the notice described in Subsection (1)(a) for the geographic boundaries of the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area, and the area that extends 1,000 feet beyond the geographic boundaries of the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area.
(2) The notice shall contain:
(a) a statement that a proposal for the creation of an agriculture protection area, industrial protection area, or critical infrastructure materials protection area has been filed with the applicable legislative body;
(b) a statement that the proposal will be open to public inspection in the office of the applicable legislative body;
(c) a statement that any person affected by the establishment of the area may, within 15 days of the date of the notice, file with the applicable legislative body:
(i) written objections to the proposal; or
(ii) a written request to modify the proposal to exclude land from or add land to the proposed protection area;
(d) a statement that the applicable legislative body will submit the proposal to the advisory committee and to the planning commission for review and recommendations;
(e) a statement that the applicable legislative body will hold a public hearing to discuss and hear public comment on:
(i) the proposal to create the agriculture protection area, industrial protection area, or critical infrastructure materials protection area;
(ii) the recommendations of the advisory committee and planning commission; and
(iii) any requests for modification of the proposal and any objections to the proposal; and
(f) a statement indicating the date, time, and place of the public hearing.
(3)
(a) A person wishing to modify the proposal for the creation of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area shall, within 15 days after the date of the notice, file a written request for modification of the proposal, which identifies specifically the land that should be added to or removed from the proposal.
(b) A person wishing to object to the proposal for the creation of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area shall, within 15 days after the date of the notice, file a written objection to the creation of the relevant protection area.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 41 - Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas › Part 3 - Proposal and Approval of Protection Area › Section 303 - Review of proposal for creation of protection area.

Effective 5/14/2019
17-41-303.
Review of proposal for creation of protection area.
(1) After 15 days from the date of the notice, the applicable legislative body shall refer the proposal and any objections and proposed modifications to the proposal to the advisory committee and planning commission for their review, comments, and recommendations.
(2)
(a) Within 45 days after receipt of the proposal, the planning commission shall submit a written report to the applicable legislative body that:
(i) analyzes and evaluates the effect of the creation of the proposed area on the planning policies and objectives of the county or municipality, as the case may be;
(ii) analyzes and evaluates the proposal by applying the criteria contained in Section 17-41-305;
(iii) recommends any modifications to the land to be included in the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area;
(iv) analyzes and evaluates any objections to the proposal; and
(v) includes a recommendation to the applicable legislative body either to accept, accept and modify, or reject the proposal.
(b) Within 45 days after receipt of the proposal, the advisory board shall submit a written report to the applicable legislative body that:
(i) recommends any modifications to the land to be included in the proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area;
(ii) analyzes and evaluates the proposal by applying the criteria contained in Section 17-41-305;
(iii) analyzes and evaluates any objections to the proposal; and
(iv) includes a recommendation to the applicable legislative body either to accept, accept and modify, or reject the proposal.
(c) The applicable legislative body shall consider a failure of the planning commission or advisory committee to submit a written report within the 45 days under Subsection (2)(a) or (b) as a recommendation of that committee to approve the proposal as submitted.
Amended by Chapter 227, 2019 General Session
2023 Utah Code › Title 17 - Counties › Chapter 41 - Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas › Part 3 - Proposal and Approval of Protection Area › Section 305 - Criteria to be applied in evaluating a proposal for the creation of a protection area.

Effective 5/14/2019
17-41-305.
Criteria to be applied in evaluating a proposal for the creation of a protection area.
In evaluating a proposal and in determining whether or not to create or recommend the creation of an agriculture protection area, industrial protection area, or critical infrastructure materials protection area, the advisory committee, planning commission, and applicable legislative body shall apply the following criteria:
(1) whether or not the land is currently being used for agriculture production, industrial use, or critical infrastructure materials operations, as the case may be;
(2) whether or not the land is zoned for agriculture use, industrial use, or critical infrastructure materials operations, as the case may be;
(3) whether or not the land is viable for agriculture production, industrial use, or critical infrastructure materials operations, as the case may be;
(4) the extent and nature of existing or proposed farm improvements, the extent and nature of existing or proposed improvements to or expansion of the industrial use, or the extent and nature of existing or proposed improvements to or expansion of critical infrastructure materials operations, as the case may be; and
(5)
(a) in the case of an agriculture protection area, anticipated trends in agricultural and technological conditions;
(b) in the case of an industrial protection area, anticipated trends in technological conditions applicable to the industrial use of the land in question; or
(c) in the case of a critical infrastructure materials protection area, anticipated trends in technological conditions applicable to the critical infrastructure materials operations of the land in question.
Amended by Chapter 227, 2019 General Session
2023 Utah Code › Title 17 - Counties › Chapter 41 - Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas › Part 3 - Proposal and Approval of Protection Area › Section 307 - Review of protection areas.

Effective 5/14/2019
17-41-307.
Review of protection areas.
(1) In the 20th calendar year after its creation under this part, an agriculture protection area, industrial protection area, or critical infrastructure materials protection area, as the case may be, shall be reviewed, under the provisions of this section, by:
(a) the county legislative body, if the relevant protection area is within the unincorporated part of the county; or
(b) the municipal legislative body, if the relevant protection area is within the municipality.
(2)
(a) In the 20th year, the applicable legislative body may:
(i) request the planning commission and advisory board to submit recommendations about whether the agriculture protection area, industrial protection area, or critical infrastructure materials protection area, as the case may be, should be continued, modified, or terminated;
(ii) at least 120 days before the end of the calendar year, hold a public hearing to discuss whether the relevant protection area, should be continued, modified, or terminated;
(iii) give notice of the hearing using the same procedures required by Section 17-41-302; and
(iv) after the public hearing, continue, modify, or terminate the relevant protection area.
(b) If the applicable legislative body modifies or terminates the agriculture protection area, industrial protection area, or critical infrastructure materials protection area, the applicable legislative body shall file an executed document containing the legal description of the relevant protection area, with the county recorder of deeds.
(3) If the applicable legislative body fails affirmatively to continue, modify, or terminate the agriculture protection area, industrial protection area, or critical infrastructure materials protection area, as the case may be, in the 20th calendar year, the relevant protection area is considered to be reauthorized for another 20 years.
Amended by Chapter 227, 2019 General Session
2023 Utah Code › Title 17 - Counties › Chapter 41 - Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas › Part 4 - Protection of Land in a Protection Area › Section 401 - Farmland Assessment Act benefits not affected.

17-41-401.
Farmland Assessment Act benefits not affected.
(1) Creation of an agriculture protection area may not impair the ability of land within the area to obtain the benefits of Title 59, Chapter 2, Part 5, Farmland Assessment Act.
(2) The eligibility of land for the benefits of Title 59, Chapter 2, Part 5, Farmland Assessment Act, shall be determined exclusively by the provisions of that act, notwithstanding the land's location within an agriculture protection area.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 17 - Counties › Chapter 41 - Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas › Part 4 - Protection of Land in a Protection Area › Section 402 - Limitations on local regulations.

Effective 5/14/2019
17-41-402.
Limitations on local regulations.
(1) A political subdivision within which an agriculture protection area, industrial protection area, or critical infrastructure materials protection area is created or with a mining protection area within its boundary shall encourage the continuity, development, and viability of agriculture use, industrial use, critical infrastructure materials operations, or mining use, within the relevant protection area by not enacting a local law, ordinance, or regulation that, unless the law, ordinance, or regulation bears a direct relationship to public health or safety, would unreasonably restrict:
(a) in the case of an agriculture protection area, a farm structure or farm practice;
(b) in the case of an industrial protection area, an industrial use of the land within the area;
(c) in the case of a critical infrastructure materials protection area, critical infrastructure materials operations; or
(d) in the case of a mining protection area, a mining use within the protection area.
(2) A political subdivision may not change the zoning designation of or a zoning regulation affecting land within an agriculture protection area unless the political subdivision receives written approval for the change from all the landowners within the agriculture protection area affected by the change.
(3) Except as provided by Section 19-4-113, a political subdivision may not change the zoning designation of or a zoning regulation affecting land within an industrial protection area unless the political subdivision receives written approval for the change from all the landowners within the industrial protection area affected by the change.
(4) A political subdivision may not change the zoning designation of or a zoning regulation affecting land within a critical infrastructure materials protection area unless the political subdivision receives written approval for the change from each critical infrastructure materials operator within the relevant area.
(5) A political subdivision may not change the zoning designation of or a zoning regulation affecting land within a mining protection area unless the political subdivision receives written approval for the change from each mine operator within the area.
(6) A county, city, or town may not:
(a) adopt, enact, or amend an existing land use regulation, ordinance, or regulation that would prohibit, restrict, regulate, or otherwise limit critical infrastructure materials operations, including vested critical infrastructure materials operations as defined in Section 10-9a-901 or 17-27a-1001; or
(b) initiate proceedings to amend the county's, city's, or town's land use ordinances as described in Subsection 10-9a-509(1)(a)(ii) or 17-27a-508(1)(a)(ii).
Amended by Chapter 227, 2019 General Session
2023 Utah Code › Title 17 - Counties › Chapter 41 - Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas › Part 4 - Protection of Land in a Protection Area › Section 402.5 - Limits on political subdivisions with respect to a vested mining use -- Exception.

Effective 5/3/2023
17-41-402.5.
Limits on political subdivisions with respect to a vested mining use -- Exception.
(1) A political subdivision may not:
(a) terminate a vested mining use, whether by amortization, the exercise of police power, or otherwise;
(b) prohibit, restrict, or otherwise limit a mine operator with a vested mining use from exercising the rights permitted under this chapter;
(c) require, for a vested mining use:
(i) a variance;
(ii) a conditional use permit;
(iii) a special exception;
(iv) the establishment or determination of a nonconforming use right; or
(v) any other type of zoning or land use permit; or
(d) prohibit, restrict, limit, or otherwise regulate a vested mining use under a variance, conditional use permit, special exception, or other zoning or land use permit issued before May 12, 2009.
(2) Subsection (1) does not prohibit a political subdivision from requiring a vested mining use to comply with the generally applicable, reasonable health and safety regulations and building code adopted by the political subdivision including a drinking water protection zone as defined and limited to Subsections 19-4-113(5)(a) and (b).
Amended by Chapter 255, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 41 - Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas › Part 4 - Protection of Land in a Protection Area › Section 404 - Policy of state agencies.

Effective 5/14/2019
17-41-404.
Policy of state agencies.
A state agency shall encourage the continuity, development, and viability of agriculture within agriculture protection areas, industrial uses with industrial protection areas, and critical infrastructure materials operations within critical infrastructure protection areas by:
(1) not enacting rules that would impose unreasonable restrictions on farm structures or farm practices within the agriculture protection area, on industrial uses and practices within the industrial protection area, or on critical infrastructure materials operations with a critical infrastructure materials protection area, unless those laws, ordinances, or regulations bear a direct relationship to public health or safety or are required by federal law; and
(2) modifying existing rules that would impose unreasonable restrictions on farm structures or farm practices within the agriculture protection area, on industrial uses and activities within the industrial protection area, or on critical infrastructure materials operations within a critical infrastructure materials protection area, unless those laws, ordinances, or regulations bear a direct relationship to public health or safety or are required by federal law.
Amended by Chapter 227, 2019 General Session
2023 Utah Code › Title 17 - Counties › Chapter 41 - Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas › Part 4 - Protection of Land in a Protection Area › Section 406 - Restrictions on state development projects.

Effective 5/14/2019
17-41-406.
Restrictions on state development projects.
(1) A state agency that plans any development project that might affect land within an agriculture protection area, industrial protection area, or critical infrastructure materials protection area, shall submit the state agency's development plan to:
(a) the advisory board of the relevant protection area; and
(b) in the case of an agriculture protection area, the commissioner of agriculture and food.
(2) The commissioner of agriculture and food, in the case of an agriculture protection area, and the advisory board shall:
(a) review the state agency's proposed development plan; and
(b) recommend any modifications to the development project that would protect the integrity of the agriculture protection area, industrial protection area, or critical infrastructure materials protection area, as the case may be, or that would protect the agriculture protection area from nonfarm encroachment, the industrial protection area from nonindustrial encroachment, or the critical infrastructure materials protection area from encroachment of uses unrelated to critical infrastructure materials operations.
(3) A state agency and political subdivision of the state that designates or proposes to designate a transportation corridor shall:
(a) consider:
(i) whether the transportation corridor would:
(A) be located on land that is included within an agriculture protection area; or
(B) interfere with agriculture production activities on land within an agriculture protection area; and
(ii) each other reasonably comparable alternative to the placement of the corridor on land within an agriculture protection area; and
(b) make reasonable efforts to minimize or eliminate any detrimental impact on agriculture that may result from the designation of a transportation corridor.
Amended by Chapter 227, 2019 General Session
2023 Utah Code › Title 17 - Counties › Chapter 41 - Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas › Part 5 - Vested Mining Use › Section 501 - Vested mining use -- Conclusive presumption.

17-41-501.
Vested mining use -- Conclusive presumption.
(1)
(a) A mining use is conclusively presumed to be a vested mining use if the mining use existed or was conducted or otherwise engaged in before a political subdivision prohibits, restricts, or otherwise limits the mining use.
(b) Anyone claiming that a vested mining use has not been established has the burden of proof to show by clear and convincing evidence that the vested mining use has not been established.
(2) A vested mining use:
(a) runs with the land; and
(b) may be changed to another mining use without losing its status as a vested mining use.
(3) The present or future boundary described in the large mine permit of a mine operator with a vested mining use does not limit:
(a) the scope of the mine operator's rights under this chapter; or
(b) the protection that this chapter provides for a mining protection area.
(4)
(a) A mine operator with a vested mining use shall file a declaration for recording in the office of the recorder of the county in which the vested mining use is located.
(b) A declaration under Subsection (4)(a) shall:
(i) contain a legal description of the land included within the vested mining use; and
(ii) provide notice of the vested mining use.
Enacted by Chapter 376, 2009 General Session
2023 Utah Code › Title 17 - Counties › Chapter 41 - Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas › Part 5 - Vested Mining Use › Section 503 - Abandonment of a vested mining use.

17-41-503.
Abandonment of a vested mining use.
(1) A mine operator may abandon some or all of a vested mining use only as provided in this section.
(2) To abandon some or all of a vested mining use, a mine operator shall record a written declaration of abandonment with the recorder of the county in which the vested mining use being abandoned is located.
(3) The written declaration of abandonment under Subsection (2) shall specify the vested mining use or the portion of the vested mining use being abandoned.
Enacted by Chapter 376, 2009 General Session
2023 Utah Code › Title 17 - Counties › Chapter 41 - Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas › Part 6 - Open Land and Working Agricultural Land Use › Section 601 - Definitions.

Effective 5/3/2023
17-41-601.
Definitions.
As used in this part:
(1) "Agricultural land" means "land in agricultural use," as defined in Section 59-2-502.
(2)
(a) "Open land" means land that is:
(i) preserved in or restored to a predominantly natural, open, and undeveloped condition; and
(ii) used for:
(A) wildlife habitat;
(B) cultural or recreational use;
(C) watershed protection; or
(D) another use consistent with the preservation of the land in, or restoration of the land to, a predominantly natural, open, and undeveloped condition.
(b) "Open land" includes land described in Subsection (2)(a) that contains facilities, including trails, waterways, and grassy areas, that, in the judgment of the county legislative body:
(i) enhance the natural, scenic, or aesthetic qualities of the land; or
(ii) facilitate the public's access to, or use of, the land for the enjoyment of the land's natural, scenic, or aesthetic qualities and for compatible recreational activities.
(c) "Open land" does not include land whose predominant use is as a developed facility for active recreational activities played on fields or courses, including baseball, tennis, soccer, golf, or other sporting or similar activities.
(3) "Public land county" means a county in which over 50% of the land area is publicly owned.
(4) "Rollback tax funds" means the rollback taxes paid to a county in accordance with Sections 59-2-506, 59-2-511, 59-2-1705, and 59-2-1710.
Enacted by Chapter 180, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 41 - Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas › Part 6 - Open Land and Working Agricultural Land Use › Section 602 - Use of money -- Criteria -- Administration.

Effective 5/3/2023
17-41-602.
Use of money -- Criteria -- Administration.
(1) The county treasurer shall:
(a) pay rollback taxes in accordance with Sections 59-2-506, 59-2-511, 59-2-1705, and 59-2-1710; and
(b) deposit 20% of the rollback tax funds into an account or fund of the county set aside for preserving or restoring open land and agricultural land.
(2) The percentage of rollback tax funds described in Subsection (1)(b):
(a) may be used to establish a conservation easement under Title 57, Chapter 18, Land Conservation Easement Act, or to fund similar methods to preserve open land or agricultural land; and
(b) if the property to be purchased is in a public land county, may not be used to purchase a fee interest in real property to preserve open land or agricultural land, unless, the governmental entity purchasing the property contemporaneously transfers to the private ownership real property, in the same public land county, that is roughly equivalent in size to the property to be purchased.
(3) Eminent domain may not be used or threatened in connection with any purchase using the percentage of rollback tax funds described in Subsection (1)(b).
(4) The funds collected by the account or fund of the county may roll over from year-to-year.
Enacted by Chapter 180, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 43 - Local Human Services Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
17-43-102.
Definitions.
As used in this chapter:
(1) "Department" means the Department of Health and Human Services created in Section 26B-1-201.
(2) "Division" means the Division of Integrated Healthcare within the department.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 43 - Local Human Services Act › Part 2 - Local Substance Abuse Authorities › Section 202 - Local substance abuse authorities -- Requirements prior to distributing public funds.

17-43-202.
Local substance abuse authorities -- Requirements prior to distributing public funds.
(1) Each local substance abuse authority shall award all public funds in compliance with:
(a) the requirements of Title 63G, Chapter 6a, Utah Procurement Code; or
(b) a county procurement ordinance that requires similar procurement practices.
(2) If all initial bids on the project are rejected, the authority shall publish a new invitation to bid. If no satisfactory bid is received by the authority when the bids received from the second invitation are opened, the authority may execute a contract without requiring competitive bidding.
(3) A local substance abuse authority need not comply with the procurement provisions of this section when it disburses public funds to another political subdivision of the state or an institution of higher education of the state.
(4) Each contract awarded by a local substance abuse authority shall be for a fixed amount and limited period. A contract may be modified due to changes in available funding for the same contract purpose without competition.
Amended by Chapter 347, 2012 General Session
2023 Utah Code › Title 17 - Counties › Chapter 43 - Local Human Services Act › Part 2 - Local Substance Abuse Authorities › Section 204 - Fees for substance abuse services -- Responsibility for cost of service if rendered by authority to nonresident -- Authority may receive funds from other sources.

Effective 5/3/2023
17-43-204.
Fees for substance abuse services -- Responsibility for cost of service if rendered by authority to nonresident -- Authority may receive funds from other sources.
(1) Each local substance abuse authority shall charge a fee for substance use services, except that substance use services may not be refused to any person because of inability to pay.
(2) If a local substance abuse authority, through its designated provider, provides a service described in Subsection 17-43-201(5) to a person who resides within the jurisdiction of another local substance abuse authority, the local substance abuse authority in whose jurisdiction the person resides is responsible for the cost of that service if its designated provider has authorized the provision of that service.
(3) A local substance abuse authority and entities that contract with a local substance abuse authority to provide substance use services may receive funds made available by federal, state, or local health, substance use, mental health, education, welfare, or other agencies, in accordance with the provisions of this part and Title 26B, Chapter 5, Health Care - Substance Use and Mental Health.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 43 - Local Human Services Act › Part 2 - Local Substance Abuse Authorities › Section 205 - Registration as a limited purpose entity.

Effective 5/8/2018
17-43-205.
Registration as a limited purpose entity.
(1) Each local substance abuse authority shall register and maintain the authority's registration as a limited purpose entity, in accordance with Section 67-1a-15.
(2) A local substance abuse authority that fails to comply with Subsection (1) or Section 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
Enacted by Chapter 256, 2018 General Session
2023 Utah Code › Title 17 - Counties › Chapter 43 - Local Human Services Act › Part 3 - Local Mental Health Authorities › Section 302 - Local mental health authorities -- Requirements prior to distributing public funds.

17-43-302.
Local mental health authorities -- Requirements prior to distributing public funds.
(1) Each local mental health authority shall award all public funds by complying with the requirements of Title 63G, Chapter 6a, Utah Procurement Code, or by complying with a county procurement ordinance which requires similar procurement practices.
(2) If all initial bids on the project are rejected, the authority shall publish a new invitation to bid in the manner specified in this section. If no satisfactory bid is received by the authority when the bids received from the second invitation are opened, the authority may execute a contract without requiring competitive bidding.
(3) The local mental health authority need not comply with the procurement provisions of this section when it disburses public funds to another political subdivision of the state or an institution of higher education of the state.
(4) Each contract awarded by a local mental health authority shall be for a fixed amount and limited period. A contract may be modified due to changes in available funding for the same contract purpose without competition.
Amended by Chapter 347, 2012 General Session
2023 Utah Code › Title 17 - Counties › Chapter 43 - Local Human Services Act › Part 3 - Local Mental Health Authorities › Section 304 - Contracts for mental health services provided by local mental health authorities.

17-43-304.
Contracts for mental health services provided by local mental health authorities.
If a local mental health authority has established a plan to provide services authorized by this part, and those services meet standards fixed by rules of the division, the local mental health authority may enter into a contract with the division for those services to be furnished by that local mental health authority for an agreed compensation to be paid by the division.
Amended by Chapter 75, 2009 General Session
2023 Utah Code › Title 17 - Counties › Chapter 43 - Local Human Services Act › Part 3 - Local Mental Health Authorities › Section 305 - Responsibility for cost of services provided by local mental health authority.

Effective 5/8/2018
17-43-305.
Responsibility for cost of services provided by local mental health authority.
If a local mental health authority, through its designated provider, provides any service described in Subsection 17-43-301(6)(b) to a person who resides within the jurisdiction of another local mental health authority, the local mental health authority in whose jurisdiction the person resides is responsible for the cost of that service if its designated provider has authorized the provision of that service.
Amended by Chapter 407, 2018 General Session
2023 Utah Code › Title 17 - Counties › Chapter 43 - Local Human Services Act › Part 3 - Local Mental Health Authorities › Section 306 - Fees for mental health services -- Responsibility for cost of service if rendered by authority to nonresident -- Authority may receive funds from other sources.

Effective 5/3/2023
17-43-306.
Fees for mental health services -- Responsibility for cost of service if rendered by authority to nonresident -- Authority may receive funds from other sources.
(1) Each local mental health authority shall charge a fee for mental health services, except that mental health services may not be refused to any person because of inability to pay.
(2) If a local mental health authority, through its designated provider, provides a service described in Section 17-43-301 to a person who resides within the jurisdiction of another local mental health authority, the local mental health authority in whose jurisdiction the person resides is responsible for the cost of that service if its designated provider has authorized the provision of that service.
(3) A local mental health authority and entities that contract with a local mental health authority to provide mental health services may receive funds made available by federal, state, or local health, substance use, mental health, education, welfare, or other agencies, in accordance with the provisions of this part and Title 26B, Chapter 5, Health Care - Substance Use and Mental Health.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 43 - Local Human Services Act › Part 3 - Local Mental Health Authorities › Section 307 - Authority to receive funds.

17-43-307.
Authority to receive funds.
A local mental health authority and an entity that contracts with a local mental health authority to provide mental health services, may receive funds made available by federal, state, or local health, mental health, education, welfare, or other agencies.
Renumbered and Amended by Chapter 22, 2003 General Session
2023 Utah Code › Title 17 - Counties › Chapter 43 - Local Human Services Act › Part 3 - Local Mental Health Authorities › Section 308 - Specified treatments prohibited -- Criminal penalties.

Effective 5/8/2018
17-43-308.
Specified treatments prohibited -- Criminal penalties.
(1) It is a class B misdemeanor to give shock treatment, lobotomy, or surgery to anyone without the written consent of the person's next of kin or legal guardian. Services provided under this part are governed by Title 58, Chapter 67, Utah Medical Practice Act.
(2) It is a felony to give psychiatric treatment, nonvocational mental health counseling, case-finding testing, psychoanalysis, drugs, shock treatment, lobotomy, or surgery to any individual for the purpose of changing his concept of, belief about, or faith in God.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 17 - Counties › Chapter 43 - Local Human Services Act › Part 3 - Local Mental Health Authorities › Section 309 - Local mental health advisory councils -- Powers and responsibilities.

17-43-309.
Local mental health advisory councils -- Powers and responsibilities.
(1) A county legislative body may, separately or in conjunction with one or more other counties, establish a local mental health advisory council.
(2) Mental health advisory council members shall be appointed by their respective county legislative bodies. Initially one-fourth of the members shall be appointed for one year, one-fourth for two years, one-fourth for three years, and one-fourth for four years. After the initial appointment, the term of each member shall be for four years. Vacancies shall be filled in the same manner as for unexpired terms. Council members may be removed for cause.
(3) Each mental health advisory council shall be responsible and advisory to local mental health authorities in planning, organizing, and operating community mental health programs.
(4) Council members shall be selected from persons representative of interested groups in the community, including, if possible:
(a) an officer or employee of the school district within the city or county;
(b) one or more persons familiar with problems in mental health, as these are involved in proceedings in criminal, domestic, or juvenile courts;
(c) one or more members of voluntary health, welfare, or mental health associations or agencies;
(d) a member of the legislative body of each participating county; and
(e) at least one person licensed in this state to practice medicine and surgery in all their branches and engaged in the private practice of medicine.
(5) Council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties, from funds made available to local mental health authorities.
(6) Each mental health advisory council shall be an agent of the local mental health authority, and is subject to laws and requirements relating to the local mental health authority.
Amended by Chapter 80, 2004 General Session
2023 Utah Code › Title 17 - Counties › Chapter 43 - Local Human Services Act › Part 3 - Local Mental Health Authorities › Section 310 - Registration as a limited purpose entity.

Effective 5/8/2018
17-43-310.
Registration as a limited purpose entity.
(1) Each local mental health authority shall register and maintain the authority's registration as a limited purpose entity, in accordance with Section 67-1a-15.
(2) A local mental health authority that fails to comply with Subsection (1) or Section 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
Enacted by Chapter 256, 2018 General Session