(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.
(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
(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 Subsection 19-4-113(4)(a) and (b).
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