Nuisance Amendments

172
4-44-101
4-44-102
4-44-202
4-47-101
47-2-3
47-2-4
47-2-5
47-2-6
47-2-7
10-3-703
17-64-501
17-81-101
17-81-304
23A-13-303
40-11-13
47-1-1
47-1-2
47-1-3
47-1-4
47-1-5
47-1-6
47-1-7
47-1-8
47-2-1
47-2-2
47-3-101
47-3-102
47-3-201
47-3-202
47-3-301
47-3-302
47-3-303
47-3-304
47-3-305
72-6-112.5
76-5c-103
76-9-1301
76-9-1306
76-9-1307
78B-6-802
78B-6-805
78B-6-806
78B-6-811
78B-6-813
78B-6-1107
78B-6-1108
78B-6-1109
78B-6-1110
78B-6-1111
78B-6-1112
78B-6-1101
78B-6a-102
78B-6-1114
78B-6-1102.5
78B-6a-201
78B-6a-202
78B-6a-203
78B-6a-204
78B-6a-301
78B-6-1102
78B-6a-303
78B-6-1113
78B-6a-401
78B-6-1103
78B-6-1115
4-44-201
78B-6-1106
78B-6a-407
78B-6a-408
4-44-101
4-44-102
4-44-202
4-47-101
47-2-3
47-2-4
47-2-5
47-2-6
47-2-7
10-3-703
17-64-501
17-81-101
17-81-304
23A-13-303
40-11-13
47-1-1
47-1-2
47-1-3
47-1-4
47-1-5
47-1-6
47-1-7
47-1-8
47-2-1
47-2-2
47-3-101
47-3-102
47-3-201
47-3-202
47-3-301
47-3-302
47-3-303
47-3-304
47-3-305
72-6-112.5
76-5c-103
76-9-1301
76-9-1306
76-9-1307
78B-6-802
78B-6-805
78B-6-806
78B-6-811
78B-6-813
78B-6-1107
78B-6-1108
78B-6-1109
78B-6-1110
78B-6-1111
78B-6-1112
78B-6-1101
78B-6a-102
78B-6-1114
78B-6-1102.5
78B-6a-201
78B-6a-202
78B-6a-203
78B-6a-204
78B-6a-301
78B-6-1102
78B-6a-303
78B-6-1113
78B-6a-401
78B-6-1103
78B-6-1115
4-44-201
78B-6-1106
78B-6a-407
78B-6a-408
0
Nuisance Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Colin W. Jack
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill addresses private and public nuisances.
Highlighted Provisions:
This bill:
renumbers and repeals statutes in Title 47, Nuisances;
modifies definitions for public nuisance crimes;
repeals and renumbers statutes related to a civil action for a public nuisance;
renumbers statutory provisions in Title 78B, Chapter 6, Part 11, Nuisance, to Title 78B,
Chapter 6a, Civil Actions for Nuisances;
defines terms related to public and private nuisances;
abrogates the common law right of action for a public or private nuisance;
provides an exception for the attorney general with regard to the abrogation of the
common law civil right of action for a public or private nuisance;
creates a reporting requirement for the Judiciary Interim Committee regarding the
exception for the attorney general to the abrogation of the common law civil right of
action for a public or private nuisance;
creates rights of action for a public nuisance;
clarifies and amends the right of action for a private nuisance;
addresses defenses for private and public nuisance actions; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-3-703
, as last amended by Laws of Utah 2025, Chapter 141
17-64-501
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-81-101
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-81-304
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
23A-13-303
, as last amended by Laws of Utah 2025, Chapter 173
40-11-13
, as enacted by Laws of Utah 2022, Chapter 62
72-6-112.5
, as last amended by Laws of Utah 2023, Chapter 22
76-5c-103
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-9-1301
, as renumbered and amended by Laws of Utah 2025, Chapter 173
78B-6-802
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 19
78B-6-805
, as last amended by Laws of Utah 2018, Chapter 291
78B-6-806
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-811
, as last amended by Laws of Utah 2025, Chapter 275
78B-6-813
, as renumbered and amended by Laws of Utah 2008, Chapter 3
ENACTS:
4-47-101
, Utah Code Annotated 1953
78B-6a-102
, Utah Code Annotated 1953
78B-6a-201
, Utah Code Annotated 1953
78B-6a-202
, Utah Code Annotated 1953
78B-6a-203
, Utah Code Annotated 1953
78B-6a-204
, Utah Code Annotated 1953
78B-6a-301
, Utah Code Annotated 1953
78B-6a-303
, Utah Code Annotated 1953
78B-6a-401
, Utah Code Annotated 1953
78B-6a-407
, Utah Code Annotated 1953
78B-6a-408
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
4-47-102
, (Renumbered from 47-2-3, Utah Code Annotated 1953)
4-47-201
, (Renumbered from 47-2-4, as last amended by Laws of Utah 2009, Chapter
388)
4-47-202
, (Renumbered from 47-2-5, as last amended by Laws of Utah 1993, Chapter
227)
4-47-203
, (Renumbered from 47-2-6, as last amended by Laws of Utah 2025, Chapter
302)
4-47-204
, (Renumbered from 47-2-7, as last amended by Laws of Utah 1993, Chapter
227)
53-5a-701
, (Renumbered from 47-3-102, as last amended by Laws of Utah 2015,
Chapter 258)
53-5a-702
, (Renumbered from 47-3-201, as renumbered and amended by Laws of
Utah 2013, Chapter 155)
53-5a-703
, (Renumbered from 47-3-202, as renumbered and amended by Laws of
Utah 2013, Chapter 155)
53-5a-704
, (Renumbered from 47-3-301, as enacted by Laws of Utah 2013, Chapter
155)
53-5a-705
, (Renumbered from 47-3-302, as enacted by Laws of Utah 2013, Chapter
155)
53-5a-706
, (Renumbered from 47-3-303, as enacted by Laws of Utah 2013, Chapter
155)
53-5a-707
, (Renumbered from 47-3-304, as enacted by Laws of Utah 2013, Chapter
155)
53-5a-708
, (Renumbered from 47-3-305, as last amended by Laws of Utah 2025,
Chapters 173, 208)
78B-6a-101
, (Renumbered from 78B-6-1101, as last amended by Laws of Utah 2025,
First Special Session, Chapter 15)
78B-6a-103
, (Renumbered from 78B-6-1114, as last amended by Laws of Utah 2025,
Chapter 141)
78B-6a-104
, (Renumbered from 78B-6-1102.5, as last amended by Laws of Utah
2025, Chapter 141)
78B-6a-302
, (Renumbered from 78B-6-1102, as last amended by Laws of Utah 2025,
Chapter 141)
78B-6a-304
, (Renumbered from 78B-6-1113, as last amended by Laws of Utah 2025,
Chapter 141)
78B-6a-402
, (Renumbered from 78B-6-1103, as last amended by Laws of Utah 2025,
Chapters 141, 173)
78B-6a-403
, (Renumbered from 78B-6-1115, as enacted by Laws of Utah 2019,
Chapter 227)
78B-6a-404
, (Renumbered from 4-44-201, as enacted by Laws of Utah 2019, Chapter
81)
78B-6a-405
, (Renumbered from 78B-6-1106, as last amended by Laws of Utah 2025,
Chapter 141)
REPEALS:
4-44-101
, as enacted by Laws of Utah 2019, Chapter 81
4-44-102
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
4-44-202
, as last amended by Laws of Utah 2025, Chapter 173
47-1-1
, Utah Code Annotated 1953
47-1-2
, as last amended by Laws of Utah 2024, Chapter 365
47-1-3
, as last amended by Laws of Utah 2024, Chapter 365
47-1-4
, as last amended by Laws of Utah 1986, Chapter 178
47-1-5
, as last amended by Laws of Utah 2025, Chapter 302
47-1-6
, Utah Code Annotated 1953
47-1-7
, as last amended by Laws of Utah 2024, Chapter 365
47-1-8
, as last amended by Laws of Utah 1986, Chapter 178
47-2-1
, Utah Code Annotated 1953
47-2-2
, Utah Code Annotated 1953
47-3-101
, as enacted by Laws of Utah 2013, Chapter 155
76-9-1306
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-9-1307
, as renumbered and amended by Laws of Utah 2025, Chapter 173
78B-6-1107
, as last amended by Laws of Utah 2025, Chapters 141, 173, 174, 178, and
208
78B-6-1108
, as last amended by Laws of Utah 2025, Chapter 141
78B-6-1109
, as last amended by Laws of Utah 2025, Chapter 141
78B-6-1110
, as last amended by Laws of Utah 2025, Chapter 141
78B-6-1111
, as last amended by Laws of Utah 2025, Chapter 141
78B-6-1112
, as last amended by Laws of Utah 2025, Chapter 141
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
4-47-101
is enacted to read:
47. Abandoned Horses
1. General Provisions
4-47-101
. Definitions for chapter.
As used in this chapter:
(1)
(a)
"Abandoned horse" means any horse, ass, mule, or other animal of the genus
Equus, unbranded, or, if branded, that has escaped assessment for taxation for the
year next preceding the killing of such animal as hereinafter provided for, and
running at large upon the open range of this state.
(b)
"Abandoned horse" includes a foal running with a dam described in Subsection
(1)(a)
.
(2)
(a)
"Open range" means all land not privately owned.
(b)
"Open range" includes all roads, outside of private enclosures, used by the public,
whether the same have been formally dedicated to the public or not.
(3)
"Unbranded" means an animal not bearing a decipherable brand recorded in accordance
with Section
4-24-202
.
Section 2. Section
4-47-102
, which is renumbered from Section 47-2-3 is renumbered
and amended to read:
47-2-3
4-47-102
. Abandoned horses on open range declared a public menace.
(1)
It shall be unlawful for any person to suffer or permit any abandoned horse to run at
large upon the open range
, and every abandoned horse is declared to be a public
nuisance and a public menace, and is condemned subject to the right of its owner to
reclaim it under the conditions hereinafter provided.
.
(2)
It is in the public interest that every abandoned horse be declared a public menace and is
condemned, subject to the right of the horse's owner to reclaim the horse under the
conditions described in this chapter.
Section 3. Section
4-47-201
, which is renumbered from Section 47-2-4 is renumbered
and amended to read:
2. Process for Abandoned Horses
47-2-4
4-47-201
. Elimination by the county executive -- Notice of intention.
(1)
The county executive may provide for the elimination of abandoned horses in the
respective counties in the following manner:
(a)
The county executive shall cause notice to be:
(i)
(A)
published at least once a week for three successive weeks in a newspaper of
general circulation published in the county; and
(B)
in accordance with Section
45-1-101
, published for three weeks;
(ii)
posted in at least five public places outside of the county seat on public highways
in such county; and
(iii)
posted in three public places at the county seat, one of which shall be at the front
door of the courthouse.
(b)
The notices posted outside of the county seat shall be posted not less than two miles
apart, and all posted notices shall be posted at least 30 days before the date which the
county executive shall fix for the beginning of the elimination of abandoned horses
from the range in such county as hereinafter provided.
(2)
The notice shall be substantially in the following form:
Notice is hereby given that in accordance with the provisions of law the county
executive of ____ County, Utah, will proceed to eliminate abandoned horses from the open
range in said county, and that beginning on __________(month\day\year), a drive will be held,
and all abandoned horses running upon the open range will, under the direction and
supervision of the county executive, be eliminated. All owners of horses running upon the
open range are hereby given notice to file with the county executive a description of the
horses, and the brands or marks thereon.
Dated this __________(month\day\year).
By order of the county executive of ____ County, Utah.
_______________
County Clerk.
Section 4. Section
4-47-202
, which is renumbered from Section 47-2-5 is renumbered
and amended to read:
47-2-5
4-47-202
. Elimination by the county legislative body -- Method -- Sale.
(1)
A policy for the manner and method of eliminating abandoned horses from the
open range shall be in the discretion of the county legislative body, and it shall be
its
the county legislative body's

duty to so eliminate
abandoned horses, using the means
most effective and economical under the circumstances.
(2)
The county executive may sell all captured horses.
Section 5. Section
4-47-203
, which is renumbered from Section 47-2-6 is renumbered
and amended to read:
47-2-6
4-47-203
. Owners may reclaim -- Damages -- Taxes.
(1)
Any person owning any horses which are running at large in any county in which
the county executive has given notice of intention to make a drive, as provided in this
chapter, may within 30 days after the posting or the first publication of the notice
mentioned in Section
47-2-4
4-47-201
file with the county executive a description of
such horses claimed by the person, giving the marks and brands, if any, which appear
thereon, and, if the county executive shall take into
its
the county executive's

possession any horses so claimed,
it
the county executive
shall by registered letter
addressed to the owner or claimant of such horses notify the owner or claimant that the
same may be claimed within 10 days from the mailing of such notice; and such owner or
claimant shall be permitted upon application to the county legislative body to take
possession of such horses upon payment of the expense of caring for the same from the
date of capture.
(2)
If any horses are killed by order of the county executive under the provisions of this
chapter, a description of which has been reported by the owner thereof to the county
legislative body, and ownership of such animals can be satisfactorily established, such
owner shall receive as damage therefor a sum not exceeding $10 for each animal;
provided, that the owner has paid all taxes assessed against said animal; provided
further, that payment of such claims may be made only from proceeds of sales of
captured horses.
Section 6. Section
4-47-204
, which is renumbered from Section 47-2-7 is renumbered
and amended to read:
47-2-7
4-47-204
. Elimination from private property on request.
Abandoned horses may be eliminated from privately owned land by the county
executive in the same manner as from the open range when requested so to do by the owner of
such land.
Section 7. Section
10-3-703
is amended to read:
10-3-703
. Criminal penalties for violation of ordinance -- Civil penalties
prohibited -- Exceptions.
(1)
(a)
The governing body of a municipality may impose a criminal penalty for the
violation of any municipal ordinance by a fine not to exceed the maximum class B
misdemeanor fine under Section
76-3-301
, by a term of imprisonment up to six
months, or by both the fine and term of imprisonment.
(b)
Notwithstanding Subsection
(1)(a)
, a municipality may not impose a criminal penalty
greater than an infraction for a violation pertaining to an individual's pet, as defined
in Section
4-12-102
, or an individual's use of the individual's residence unless:
(i)
the violation:
(A)
is a
nuisance as that term is defined in Section
78B-6-1101
private nuisance
as that term is defined in Section
78B-6a-101
; and
(B)
threatens the health, safety, or welfare of the individual or an identifiable third
party; or
(ii)
the municipality has imposed a fine on the individual for a violation that involves
the same residence or pet on three previous occasions within the past 12 months.
(c)
Subsection
(1)(b)
does not apply to municipal enforcement of a building code or fire
code ordinance in accordance with
Title 15A, State Construction and Fire Codes Act
.
(2)
(a)
Except as provided in Subsection
(2)(b)
, the governing body may prescribe a civil
penalty for the violation of any municipal ordinance by a fine not to exceed the
maximum class B misdemeanor fine under Section
76-3-301
.
(b)
A municipality may not impose a civil penalty and adjudication for the violation of a
municipal moving traffic ordinance.
(3)
(a)
Except as provided in Subsection
(3)(b)
or Section
77-7-18
, a municipal officer or
official who is not a law enforcement officer described in Section
53-13-103
or a
special function officer described in Section
53-13-105
may not issue a criminal
citation for a violation that is punished as a misdemeanor.
(b)
Notwithstanding Subsection
(1)
or
(3)(a)
, the following may issue a criminal citation
for a violation that is punished as a misdemeanor if the violation threatens the health
and safety of an animal or the public:
(i)
a fire officer described in Section
53-7-102
; or
(ii)
an animal control officer described in Section
11-46-102
.
(4)
A municipality may not issue more than one infraction within a 14-day time period for a
violation described in Subsection
(1)(b)
that is ongoing.
Section 8. Section
17-64-501
is amended to read:
17-64-501
. Ordinances -- Power to enact -- Penalty for violation.
(1)
A legislative body may:
(a)
pass ordinances:
(i)
necessary for carrying into effect or discharging the powers and duties conferred
by this title; and
(ii)
as are necessary and proper to provide for the safety, and preserve the health,
promote the prosperity, improve the morals, peace, and good order, comfort, and
convenience of the county and county inhabitants, and for the protection of
property in the county;
(b)
enforce obedience to ordinances with fines or penalties as the legislative body
considers proper;
(c)
pass ordinances to control air pollution;
(d)
pass resolutions; and
(e)
make or adopt policies that conform with a county ordinance, county resolution, or
provision of state or federal law.
(2)
(a)
(i)
Punishment imposed under Subsection
(1)(b)
shall be by fine, imprisonment,
or both fine and imprisonment.
(ii)
A fine imposed under Subsection
(2)(a)(i)
may not exceed the maximum fine for
a class B misdemeanor under Section
76-3-301
.
(b)
Notwithstanding Subsection
(2)(a)
, a county may not impose a criminal penalty
greater than an infraction for a violation pertaining to an individual's pet, as defined
in Section
4-12-102
, or an individual's use of the individual's residence unless:
(i)
the violation:
(A)
is a
nuisance as that term is defined in Section
78B-6-1101
private nuisance
as described in Section
78B-6a-101
; and
(B)
threatens the health, safety, or welfare of the individual or an identifiable third
party; or
(ii)
the county has imposed a fine on the individual for a violation that involves the
same residence or pet on three previous occasions within the past 12 months.
(c)
Subsection
(2)(b)
does not apply to county enforcement of a building code or fire
code ordinance in accordance with
Title 15A, State Construction and Fire Codes Act
.
(d)
When a penalty for a violation of an ordinance includes any possibility of
imprisonment, the legislative body shall include in the ordinance a statement that the
county is required, under Section
78B-22-301
, to provide for indigent defense
services, as that term is defined in Section
78B-22-102
.
(e)
Notwithstanding any other provision of law, the following may issue a criminal
citation for a violation that is punished as a misdemeanor if the violation threatens the
health and safety of an animal or the public:
(i)
a fire officer described in Section
53-7-102
;
(ii)
a law enforcement officer described in Section
53-13-103
; or
(iii)
an animal control officer described in Section
11-46-102
.
(3)
(a)
Except as specifically authorized by statute, the legislative body may not impose a
civil penalty for the violation of a county traffic ordinance.
(b)
Subsection
(3)(a)
does not apply to an ordinance regulating the parking of vehicles
on a highway.
(4)
A county may not issue more than one infraction within a 14-day period for a violation
described in Subsection
(2)(b)
that is ongoing.
Section 9. Section
17-81-101
is amended to read:
17-81-101
. Definitions.
As used in this chapter:
(1)
"Advisory board" means:
(a)
for an agriculture protection area, the agriculture protection area advisory board
created as provided in Section
17-81-102
;
(b)
for an industrial protection area, the industrial protection area advisory board created
as provided in Section
17-81-102
; and
(c)
for a critical infrastructure materials protection area, the critical infrastructure
materials protection area advisory board created as provided in Section
17-81-102
.
(2)
"Agricultural land" means the same as the term "land in agricultural use" is defined in
Section
59-2-502
.
(3)
"Agricultural operation" means the same as that term is defined in Section
78B-6a-101
.
(3)
(4)
(a)
"Agriculture production" means production for commercial purposes of
crops, livestock, and livestock products.
(b)
"Agriculture production" includes the processing or retail marketing of any crops,
livestock, and livestock products when more than 50% of the processed or
merchandised products are produced by the farm operator.
(4)
(5)
"Agriculture protection area" means a geographic area created under the authority
of this chapter that is granted the specific legal protections contained in this chapter.
(5)
(6)
"Applicable legislative body" means:
(a)
with respect to a proposed agriculture protection area, industrial protection area, or
critical infrastructure materials protection area:
(i)
the legislative body of the county in which the land proposed to be included in the
relevant protection area is located, if the land is within the unincorporated part of
the county; or
(ii)
the legislative body of the city or town in which the land proposed to be included
in the relevant protection area is located; and
(b)
with respect to an existing agriculture protection area, industrial protection area, or
critical infrastructure materials protection area:
(i)
the legislative body of the county in which the relevant protection area is located,
if the relevant protection area is within the unincorporated part of the county; or
(ii)
the legislative body of the city or town in which the relevant protection area is
located.
(6)
(7)
"Board" means the Board of Oil, Gas, and Mining created in Section
40-6-4
.
(7)
(8)
"Commercial quantities" means critical infrastructure materials:
(a)
extracted or processed by a commercial enterprise in the ordinary course of business;
and
(b)
in a sufficient amount that the critical infrastructure materials introduction into
commerce would create a reasonable expectation of profit.
(8)
(9)
"Contiguous land" means surface or subsurface land that shares a common
boundary and is not separated by a highway as defined in Section
41-6a-102
.
(9)
(10)
"Critical infrastructure materials" means sand, gravel, or rock aggregate.
(10)
(11)
"Critical infrastructure materials operations" means the extraction, excavation,
processing, or reprocessing of critical infrastructure materials.
(11)
(12)
"Critical infrastructure materials operator" means a natural person, corporation,
association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary,
agent, or other organization or representative, either public or private, including a
successor, assign, affiliate, subsidiary, and related parent company, that:
(a)
owns, controls, or manages a critical infrastructure materials operation; and
(b)
has produced commercial quantities of critical infrastructure materials from the
critical infrastructure materials operations.
(12)
(13)
"Critical infrastructure materials protection area" means a geographic area
created under the authority of this chapter on or after May 14, 2019, that is granted the
specific legal protections contained in this chapter.
(13)
(14)
"Critical infrastructure materials use" means the extraction, excavation,
processing, or reprocessing of critical infrastructure materials.
(14)
(15)
"Crops, livestock, and livestock products" includes:
(a)
land devoted to the raising of useful plants and animals with a reasonable expectation
of profit, including:
(i)
forages and sod crops;
(ii)
grains and feed crops;
(iii)
livestock, as that term is defined in Section
59-2-102
;
(iv)
trees and fruits; or
(v)
vegetables, nursery, floral, and ornamental stock; or
(b)
land devoted to and meeting the requirements and qualifications for payments or
other compensation under a crop-land retirement program with an agency of the state
or federal government.
(15)
(16)
"Division" means the Division of Oil, Gas, and Mining created in Section
40-6-15
.
(16)
(17)
"Existing legal use" means a critical infrastructure materials use that has operated
in accordance with:
(a)
a legal nonconforming use that has not been abandoned for more than 24 consecutive
months; or
(b)
a permit issued by the applicable political subdivision.
(17)
(18)
"Industrial protection area" means a geographic area created under the authority
of this chapter that is granted the specific legal protections contained in this chapter.
(18)
(19)
"Mine operator" means a natural person, corporation, association, partnership,
receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other
organization or representative, either public or private, including a successor, assign,
affiliate, subsidiary, and related parent company, that, before January 1, 2019:
(a)
owns, controls, or manages a mining use under a large mine permit issued by the
division or the board; and
(b)
has produced commercial quantities of a mineral deposit from the mining use.
(19)
(20)
"Mineral deposit" means the same as that term is defined in Section
40-8-4
.
(20)
(21)
"Mining protection area" means land where a vested mining use occurs,
including each surface or subsurface land or mineral estate that a mine operator with a
vested mining use owns or controls on January 1, 2026.
(21)
(22)
"Mining use":
(a)
means:
(i)
the full range of activities, from prospecting and exploration to reclamation and
closure, associated with the exploitation of a mineral deposit; and
(ii)
the use of the surface and subsurface and groundwater and surface water of an
area in connection with the activities described in Subsection
(21)(a)(i)
(22)(a)(i)

that have been, are being, or will be conducted; and
(b)
includes, whether conducted on-site or off-site:
(i)
any sampling, staking, surveying, exploration, or development activity;
(ii)
any drilling, blasting, excavating, or tunneling;
(iii)
the removal, transport, treatment, deposition, and reclamation of overburden,
development rock, tailings, and other waste material;
(iv)
any removal, transportation, extraction, beneficiation, or processing of ore;
(v)
any smelting, refining, autoclaving, or other primary or secondary processing
operation;
(vi)
the recovery of any mineral left in residue from a previous extraction or
processing operation;
(vii)
a mining activity that is identified in a work plan or permitting document;
(viii)
the use, operation, maintenance, repair, replacement, or alteration of a building,
structure, facility, equipment, machine, tool, or other material or property that
results from or is used in a surface or subsurface mining operation or activity;
(ix)
any accessory, incidental, or ancillary activity or use, both active and passive,
including a utility, private way or road, pipeline, land excavation, working,
embankment, pond, gravel excavation, mining waste, conveyor, power line,
trackage, storage, reserve, passive use area, buffer zone, and power production
facility;
(x)
the construction of a storage, factory, processing, or maintenance facility; and
(xi)
an activity described in Subsection
40-8-4(19)(a)
.
(22)
(23)
(a)
"Municipal" means of or relating to a city or town.
(b)
"Municipality" means a city or town.
(23)
(24)
"New land" means surface or subsurface land or mineral estate that a mine
operator gains ownership or control of, whether that land or mineral estate is included in
the mine operator's large mine permit.
(24)
(25)
"Off-site" means the same as that term is defined in Section
40-8-4
.
(25)
(26)
"On-site" means the same as that term is defined in Section
40-8-4
.
(26)
(27)
(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
(26)(a)
(27)(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.
(27)
(28)
"Planning commission" means:
(a)
a countywide planning commission if the land proposed to be included in the
agriculture protection area, industrial protection area, or critical infrastructure
materials protection area is within the unincorporated part of the county and not
within a planning advisory area;
(b)
a planning advisory area planning commission if the land proposed to be included in
the agriculture protection area, industrial protection area, or critical infrastructure
materials protection area is within a planning advisory area; or
(c)
a planning commission of a city or town if the land proposed to be included in the
agriculture protection area, industrial protection area, or critical infrastructure
materials protection area is within a city or town.
(28)
(29)
"Political subdivision" means a county, city, town, school district, special
district, or special service district.
(29)
(30)
"Proposal sponsors" means the owners of land in agricultural production,
industrial use, or critical infrastructure materials operations who are sponsoring the
proposal for creating an agriculture protection area, industrial protection area, or critical
infrastructure materials protection area.
(30)
(31)
"Public land county" means a county in which over 50% of the land area is
publicly owned.
(31)
(32)
"Rollback tax funds" means the rollback taxes or in lieu fee payments paid to a
county in accordance with Sections
59-2-506
,
59-2-511
,
59-2-1705
, and
59-2-1710
.
(32)
(33)
"State agency" means each department, commission, board, council, agency,
institution, officer, corporation, fund, division, office, committee, authority, laboratory,
library, unit, bureau, panel, or other administrative unit of the state.
(33)
(34)
"Unincorporated" means not within a city or town.
(34)
(35)
"Vested critical infrastructure materials use" means a critical infrastructure
materials operations use by a critical infrastructure materials operator that is an existing
legal use.
(35)
(36)
"Vested mining use" means a mining use:
(a)
by a mine operator; and
(b)
that existed or was conducted or otherwise engaged in before a political subdivision
prohibits, restricts, or otherwise limits a mining use.
Section 10. Section
17-81-304
is amended to read:
17-81-304
. Public nuisance ordinances.
(1)
A political subdivision shall ensure that any of the political subdivision's 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;
(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; or
(c)
for a critical infrastructure materials protection area, any critical infrastructure
materials operations on the land within the critical infrastructure materials protection
area that is consistent with sound practices applicable to the critical infrastructure
materials operations, unless that use bears a direct relationship to public health or
safety.
(2)
(a)
For an agricultural protection area, an ordinance of a political subdivision does not
apply to an agricultural operation that is conducted in the normal and ordinary course
of an agricultural operation or conducted in accordance with sound agricultural
practices if that ordinance:
(i)
would make the agricultural operation, or appurtenances to the agricultural
operation, a public nuisance; or
(ii)
provides for abatement of the agricultural operation as a public nuisance.
(b)
An agricultural operation undertaken in conformity with federal, state, and local laws
and regulations, including zoning ordinances, is presumed to be operating within
sound agricultural practices.
(2)
In a civil action for nuisance or a criminal action for public nuisance under Section
76-9-1301
, it is a complete defense if the action involves agricultural activities and:
(a)
those agricultural activities were:
(i)
conducted within an agriculture protection area; and
(ii)
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; or
(b)
a defense under Section
4-44-201
applies.
(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
private nuisance or public
nuisance under Title 78B, Chapter 6a, Civil Actions for Nuisances, or a public
nuisance
under Section
76-9-1301
.
(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)
The county recorder shall, from time to time, ensure compliance with Section
17-79-716

in regard to subdivision development near a protection area.
Section 11. Section
23A-13-303
is amended to read:
23A-13-303
. County public nuisance laws.
(1)
(a)
A county shall exclude the activities described in Subsection
(1)(b)
from the
definition of public nuisance in a county law or ordinance regulating a public
nuisance.
(b)
An activity or occurrence normally associated with a migratory bird production area
is not a nuisance, including:
(i)
hunting;
(ii)
discharging a firearm;
(iii)
improving habitat;
(iv)
trapping;
(v)
eradicating weeds;
(vi)
discing;
(vii)
planting;
(viii)
impounding water;
(ix)
raising a bird or other domestic animal;
(x)
grazing;
(xi)
an activity conducted in the normal course of an agricultural operation as defined
in Section
4-44-102
78B-6a-101
; and
(xii)
an odor.
(2)
In a civil action for nuisance or a criminal action for public nuisance under Section
76-9-1301
, it is a complete defense if the action is:
(a)
normally associated with a migratory bird production area;
(b)
conducted within a migratory bird production area; and
(c)
not in violation of federal or state law.
(3)
(2)
An owner of a new development located in whole or in part within 1,000 feet of a
migratory bird production area shall provide the following notice on a plat filed with the
county recorder:
"Migratory Bird Production Area
This property is located in the vicinity of an established migratory bird production area
in which hunting and activities related to the management and operation of land for the benefit
of migratory birds have been afforded the highest priority use status. It can be anticipated that
these uses and activities may now or in the future be conducted on land within the migratory
bird production area. The use and enjoyment of this property is expressly conditioned on
acceptance of any annoyance or inconvenience that may result from activities normally
associated with a migratory bird production area."
Section 12. Section
40-11-13
is amended to read:
40-11-13
. Reservoir integrity.
(1)
Carbon dioxide injected into and stored in a reservoir in compliance with the
requirements of this section is not:
(a)
pollution, as that term is defined in Section
4-18-103
; or
(b)
a private nuisance or a public nuisance, as defined in Section
78B-6a-101
.
(b)
a nuisance, as that term is defined in Section
4-44-102
.
(2)
A reservoir is only appropriate for geologic carbon storage if the board determines and
the operator demonstrates that:
(a)
carbon dioxide cannot escape the reservoir at a rate exceeding the lower of 1% or the
standard recommended by the Environmental Protection Agency;
(b)
no additional substances will be introduced into the storage facility that could
compromise the integrity of the storage reservoir; and
(c)
the operator has a plan to maintain the integrity of the reservoir.
(3)
When making a determination described in Subsection
(2)
, the board may rely upon:
(a)
a finding from the Utah Geological Survey, created in Section
79-3-201
that the
reservoir is appropriate for the storage of carbon dioxide; and
(b)
reports and findings from the Department of Environmental Quality, created in
Section
19-1-104
.
(4)
The board shall take action to enforce the provisions of this section.
Section 13. Section
53-5a-701
, which is renumbered from Section 47-3-102 is renumbered
and amended to read:
7. Shooting Ranges
47-3-102
53-5a-701
. Definitions for part.
As used in this
chapter
part
:
(1)
"Air gun" means a .177 or .20 caliber, or equivalent 4.5mm or 5.0mm, pellet rifle or
pellet pistol whose projectile is pneumatically propelled by compressed air or
compressed gas such as carbon dioxide.
(2)
"Certified official" means a
Range Safety Officer, Firearms Instructor, or Shooting
Coach
range safety officer, firearms instructor, or shooting coach
certified by the
National Rifle Association or equivalent national shooting organization.
(3)
"Group" means any organized club, organization, corporation
,
or association which at
the time of use of the shooting range has a certified official in charge while shooting is
taking place and while the range is open.
(4)
"Military range" means a shooting range located on a state military installation.
(5)
"Nonmilitary range" means a shooting range that is not a military range.
(6)
"Political subdivision" has the same meaning as defined in Section
17B-1-102
and
includes a school district.
(7)
"Public funds" means funds provided by the federal government, the state, or a political
subdivision of the state.
(8)
"Shooting range" or "range" means an area designed and continuously operated under
nationally recognized standards and operating practices for the use of rifles, shotguns,
pistols, silhouettes, skeet, trap, black powder, archery, or any other similar shooting
activities.
Section 14. Section
53-5a-702
, which is renumbered from Section 47-3-201 is renumbered
and amended to read:
47-3-201
53-5a-702
. Assumption of risk.
(1)
A person who participates in shooting at a shooting range or a public shooting
range accepts the associated risks to the extent the risks are obvious and inherent.
Those risks
(2)
The risks described in Subsection
(1)
include injuries that may result from noise,
discharge of projectile or shot, malfunction of shooting equipment not owned by the
shooting range or public shooting range, natural variations in terrain, surface or
subsurface snow or ice conditions, bare spots, rocks, trees, and other forms of natural
growth or debris.
Section 15. Section
53-5a-703
, which is renumbered from Section 47-3-202 is renumbered
and amended to read:
47-3-202
53-5a-703
. Shooting range as a public nuisance -- Notice for new
subdivision development.
(1)
A state agency or political subdivision shall ensure that any of
its
the state agency's or
political subdivision's
rules or ordinances that define or prohibit a public nuisance
exclude from the definition or prohibition any shooting range or public shooting range
that was established, constructed, or operated
prior to
before
the implementation of the
rule or ordinance regarding public nuisance unless that activity or operation substantially
and adversely affects public health or safety.
(2)
A person who operates or uses a shooting range or a public shooting range in this state
is not subject to civil liability or criminal prosecution for noise or noise pollution
resulting from the operation or use of the range if:
(a)
the range:
(i)
was established, constructed, or operated prior to the implementation of any noise
ordinances, rules, or regulations; and
(ii)
does not substantially and adversely affect public health or safety; or
(b)
the range:
(i)
is in compliance with any noise control laws, ordinances, rules, or regulations
that applied to the range or public shooting range and its operation at the time of
establishment, construction, or initial operation of the range; and
(ii)
does not substantially and adversely affect public health or safety.
(3)
For purposes of this section, noise generated by a shooting range or public shooting
range that is operated in accordance with nationally recognized standards and operating
practices is not a public health nuisance.
(4)
(2)
For any new subdivision development located in whole or in part within 1,000 feet
of the boundary of any shooting range or public shooting range that was established,
constructed, or operated
prior to
before
the development of the subdivision, the owner
of the development shall provide on any plat filed with the county recorder the following
notice:
"Shooting Range Area
This property is located in the vicinity of an established shooting range or public
shooting range. It can be anticipated that customary uses and activities at this shooting
range or public shooting range will be conducted now and in the future. The use and
enjoyment of this property is expressly conditioned on acceptance of any annoyance or
inconvenience that may result from these uses and activities."
Section 16. Section
53-5a-704
, which is renumbered from Section 47-3-301 is renumbered
and amended to read:
47-3-301
53-5a-704
. Access to publicly funded ranges.
A shooting range, whether indoor or outdoor, constructed with public funds and
operated or controlled by the state, an institution of higher education, or a political subdivision,
shall, unless specifically exempted in Section
47-3-305
53-5a-708
, be made available as
provided in this section for use by any group.
Section 17. Section
53-5a-705
, which is renumbered from Section 47-3-302 is renumbered
and amended to read:
47-3-302
53-5a-705
. Use and availability.
(1)
Use of a shooting range by a group may not interfere with the use of the range by the
state agency, military, institution of higher education, or political subdivision for whom
the range was constructed.
(2)
Outdoor shooting ranges shall be available on weekends and holidays, provided they are
not being used for shooting and training purposes by the owner or operator of the range.
(3)
(a)
Each group that uses a shooting range owned or operated by a state agency,
institution of higher education, or political subdivision shall provide a certified
official to oversee their shooting activities while on the range.
(b)
If the group does not have a certified official that is currently available, the owner or
operator of the shooting range may provide one and charge a fee for that certified
official's time.
(4)
A group using a public shooting range may not have anyone with the group who is
prohibited from possessing a firearm.
(5)
Each group shall provide documentation of current and applicable liability insurance or
waivers of liability to cover each state agency, institution of higher education, or a
political subdivision, for each person shooting on or controlling the shooting range.
(6)
Shooting range operations shall be in accordance with safety standards adopted by the
National Rifle Association or equivalent national shooting organization.
(7)
Staff from the owner or operator of the shooting range is not required to be present
unless there is no certified official present with the group.
(8)
The certified official in charge at the applicable time shall be responsible for opening
and securely closing the shooting range.
Section 18. Section
53-5a-706
, which is renumbered from Section 47-3-303 is renumbered
and amended to read:
47-3-303
53-5a-706
. Rulemaking.
(1)
The State Armory Board, any state agency, or institution of higher education that
operates or has control of a shooting range shall make rules in accordance with
Title
63G, Chapter 3, Utah Administrative Rulemaking Act
, to implement procedures for use
of the range by the public.
(2)
The rules shall include provisions requiring indoor shooting ranges to be available on a
reservation basis, for firearms not exceeding the range design criteria:
(a)
at least twice per week;
(b)
after 4 p.m. on work or school days, or after students and faculty are excused or
dismissed on the work or school day; and
(c)
between 8 a.m. and 10 p.m. on weekends.
Section 19. Section
53-5a-707
, which is renumbered from Section 47-3-304 is renumbered
and amended to read:
47-3-304
53-5a-707
. Fees.
(1)
Reasonable fees for the use of a shooting range to cover the incidental material and
supply costs incurred by making the range available to a group, may be established by:
(a)
the State Armory Board established under
Title 39A, Chapter 2, State Armory Board
,
for a military range; and
(b)
for a nonmilitary range, the state agency, institution of higher education, or political
subdivision that operates or has control of the range.
(2)
Fees for nonmilitary shooting range use may not exceed fees charged by the Department
of Natural Resources for the same or similar activity.
(3)
Fees collected under Subsection
(1)
shall be:
(a)
for a shooting range operated or controlled by a state agency or an institution of
higher education, deposited
in
into
the General Fund as dedicated credits to be used
for the operation and maintenance of the range; and
(b)
for a shooting range operated or controlled by a political subdivision, deposited in
the political subdivision's general fund.
Section 20. Section
53-5a-708
, which is renumbered from Section 47-3-305 is renumbered
and amended to read:
47-3-305
53-5a-708
. Exceptions and prohibitions.
(1)
This part does
Sections
53-5a-704
through
53-5a-707
do
not apply to:
(a)
shooting ranges that are otherwise open to the public;
(b)
shooting ranges that are operated as a public shooting range staffed by and operated
by Division of Wildlife Resources;
(c)
the Utah National Guard ranges located at Camp Williams and the Salt Lake
International Airport;
(d)
Department of Corrections ranges; and
(e)
ranges owned, operated, or currently leased as of March 26, 2013, by a state or local
public safety agency.
(2)
(a)
Firearms may not be allowed in a school building, except under the provision of
Section
76-11-205
or
76-11-205.5
, unless there is an outdoor entrance to the shooting
range and the most direct access to the range is used.
(b)
An outdoor entrance to a shooting range may not be blocked by fences, structures, or
gates for the purpose of blocking the outdoor entrance.
(3)
(a)
Only air guns may be used in public ranges where the ventilation systems do not
meet current OSHA standards as applied to the duration of exposure of the
participants.
(b)
For the purposes of this part, an air gun does not include larger caliber pneumatic
weapons, paintball guns, or air shotguns.
(4)
Group range use is a lawful, approved activity under Subsection
76-11-205(4)(f)
or
76-11-205.5(4)(g)
.
Section 21. Section
72-6-112.5
is amended to read:
72-6-112.5
. Definitions -- Nighttime highway construction noise -- Exemptions --
Permits.
(1)
As used in this section:
(a)
"Commuter rail" means the same as that term is defined in Section
63N-3-602
.
(b)
(i)
"Front row receptor" means a noise-sensitive residential receptor that is:
(A)
immediately adjacent to a transportation facility; or
(B)
within 800 feet of a transportation facility that is within a commercial or
industrialized area.
(ii)
"Front row receptor" includes a residence that is contiguous to a property
immediately adjacent to a transportation facility in a residential area.
(c)
"Nighttime construction" means highway or public transit facility construction
occurring between the hours of 10:00 p.m. and 7:00 a.m.
(d)
"Nuisance" means the same as that term is defined in Section
78B-6-1101
.
(e)
(d)
(i)
"Permitted activities" means activities occurring between the hours of 7:00
p.m. and 7:00 a.m. that are related to and necessary for nighttime construction,
whether occurring at the construction site or at a gravel pit or other site for
production of raw materials, and includes:
(A)
loading and unloading of trucks;
(B)
asphalt mixing and hauling; and
(C)
concrete mixing and hauling.
(ii)
"Permitted activities" does not include:
(A)
blasting; or
(B)
crushing.
(e)
"Private nuisance" means the same as that term is defined in Section
78B-6a-101
.
(2)
The following projects are exempt from any noise ordinance, regulation, or standard of
a local jurisdictional authority:
(a)
a state highway construction project conducted on a road where the normal posted
speed limit is 55 miles per hour or greater; or
(b)
a commuter rail construction project.
(3)
Except for a project described in Subsection
(2)
, a state highway or a public transit
facility construction project is exempt from any noise ordinance, regulation, or standard
of a local jurisdictional authority if the department:
(a)
provides reasonable written notice at least 48 hours in advance of any required
nighttime construction to each residential dwelling located within front row receptors
of the activity;
(b)
determines a net community, including traveler community, benefit exists to conduct
nighttime highway construction after considering the following:
(i)
public health;
(ii)
project completion time;
(iii)
air quality;
(iv)
traffic;
(v)
economics;
(vi)
safety; and
(vii)
local jurisdiction concerns; and
(c)
institutes best management noise reduction practices, as determined by the
department, for front row receptors, in consultation with local government or the
local jurisdictional authority for all nighttime construction, which may include:
(i)
equipment maintenance;
(ii)
noise shielding;
(iii)
scheduling the most noise intrusive activities during the day; and
(iv)
other noise mitigation methods.
(4)
(a)
Subject to Subsection
(2)
or
(3)
, a state highway project or public transit facility
construction shall secure required noise permits from the local jurisdictional authority
to conduct nighttime construction.
(b)
To the extent practical, the department shall coordinate with the local jurisdictional
authority during the pre-construction phase of a project to address noise exemption
conditions.
(5)
A local jurisdictional authority shall issue a nighttime construction permit limited to
permitted activities if:
(a)
the applicant provides evidence that the permitted activities are directly related to and
necessary for a nighttime construction project for which the department has obtained
a noise permit from a local jurisdictional authority
pursuant to
in accordance with

Subsection
(4)
; and
(b)
the local jurisdictional authority determines that any
private
nuisance that may be
caused by the nighttime construction may be reasonably mitigated.
(6)
A local jurisdictional authority shall issue a nighttime construction noise permit without
additional requirements to the department at the request of the department or the
department's designated project agent if the requirements of Subsection
(2)
or
(3)
are
met.
(7)
(a)
A local jurisdictional authority may request adjustments to a nighttime
construction permit to mitigate unreasonable noise disturbances caused by nighttime
construction or permitted activities.
(b)
If adjustments are requested as described in Subsection
(7)(a)
, the nighttime
construction permit holder shall use best management noise reduction practices to
mitigate unreasonable noise disturbances.
(8)
(a)
For the exemption provided in Subsection
(3)
and in accordance with
Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
, the department shall make rules
establishing procedures:
(i)
for a local jurisdictional authority or local government to appeal the decision of
the department to conduct nighttime construction; and
(ii)
for the local jurisdictional authority to request that the department enforce the
terms of a noise permit.
(b)
After review and upon receiving a written notice from a local jurisdictional authority
that the conditions for the noise exemption permit are not met, the department shall
take corrective action to ensure nighttime construction activities meet requirements
of the local permit.
Section 22. Section
76-5c-103
is amended to read:
76-5c-103
. Relation to other state and local laws.
(1)
(a)
A county, city, or other political subdivision has the right to regulate pornographic
materials or materials harmful to minors as this chapter does not proscribe or limit
the regulation of pornographic materials or materials harmful to minors by a county,
city, or other political subdivision.
(b)
Without limitation, a political subdivision may further regulate pornographic
materials or materials harmful to minors by ordinances relating to:
(i)
zoning;
(ii)
licensing;
(iii)
public nuisances;
(iv)
a specific type of business such as adult bookstores or drive-in movies; or
(v)
use of blinder racks.
(2)
This chapter does not preclude the application of other laws of this state to pornographic
materials or materials harmful to minors and, without limitation, this chapter is not in
derogation of Subsection
76-9-1301(2)
and Section
76-9-1306
78B-6a-204
.
(3)
(a)
The commission of a crime under this chapter offends public decency under
Subsection
76-9-1301(2)
.
(b)
It is the intent of this chapter to give the broadest meaning permissible under the
United States Constitution and the Utah Constitution to the words "offends public
decency" in Subsection
76-9-1301(2)
.
Section 23. Section
76-9-1301
is amended to read:
76-9-1301
. Definitions.
As used in this part:
(1)
"Agricultural operation" means the same as that term is defined in Section
78B-6a-101
.
(2)
"Agricultural protection area" means the same as that term is defined in Section
17-18-101
.
(1)
(3)
"Controlled substance" means the same as that term is defined in Section
58-37-2
.
(4)
"Critical infrastructure materials operation" means the same as the term "critical
infrastructure materials use" is defined in Section
10-20-701
.
(5)
"Manufacturing facility" means the same as that term is defined in Section
78B-6a-101
.
(6)
"Migratory bird production area" means the same as that term is defined in Section
23A-13-101
.
(2)
(7)
"Nuisance" means an item, thing, manner, or condition that:
(a)
is dangerous to human life or health; or
(b)
renders soil, air, water, or food impure or unwholesome.
(3)
(8)
(a)
"Public nuisance" means unlawfully committing an act or omitting to perform
a duty
, which
and the
act or duty:
(i)
annoys, injures, or endangers the comfort, repose, health, or safety of three or
more persons, regardless of the extent to which the annoyance, injury, or
endangerment inflicted on the persons is unequal;
(ii)
offends public decency;
(iii)
unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous
for passage, a lake, stream, canal, or basin, or a public park, square, street, or
highway;
(iv)
is a
nuisance as described in Section
78B-6-1107
, Nuisance -- Drug houses and
drug dealing -- Gambling -- Group criminal activity -- Party house -- Prostitution
-- Weapons -- Abatement by eviction
private nuisance as defined in Section
78B-6a-101
; or
(v)
renders three or more persons insecure in life or the use of property, regardless of
the extent to which the effect inflicted on the persons is unequal.
(b)
"Public nuisance"
is presumed to
does
not include:
(i)
activities
an activity
conducted in the normal and ordinary course of
agricultural
operations, as defined in Section
4-44-102
,
an agricultural operation
and
conducted in accordance with sound agricultural practices, with the presumption
that
agricultural operations
an agricultural operation
undertaken in conformity
with federal, state, and local laws and regulations, including zoning ordinances,
are
is
operating within sound agricultural practices;
or
(ii)
activities
an activity
conducted in the normal and ordinary course of
critical
infrastructure materials operations, as defined in Section
78B-6-1101
,
a critical
infrastructure materials operation
and conducted in accordance with sound critical
infrastructure materials practices, with the presumption that
a
critical
infrastructure materials
operations
operation
undertaken in conformity with
federal, state, and local laws and regulations, including zoning ordinances,
are
is

operating within sound critical infrastructure materials
operations.
practices;
(iii)
an activity normally associated with a migratory bird production area, that is
conducted within a migratory bird production area, and is not in violation of state
or federal law;
(iv)
an activity at a manufacturing facility if the manufacturing facility has a defense
against a civil action for the activity under Section
78B-6a-402
;
(v)
noise or noise pollution resulting from the operation or use of a shooting range if
the shooting range:
(A)
(I)
was established, constructed, or operated before the implementation of
any noise ordinances, rules, or regulations; and
(II)
does not substantially and adversely affect public health or safety; or
(B)
(I)
is in compliance with any noise control laws, ordinances, rules, or
regulations that applied to the shooting range and the shooting range's
operation at the time of establishment, construction, or initial operation of
the range; and
(II)
does not substantially and adversely affect public health or safety; or
(vi)
noise generated by a shooting range that is operated in accordance with
nationally recognized standards and operating practices.
(9)
"Shooting range" means the same as that term is defined in Section
53-5a-701
.
(4)
(10)
(a)
"Supervised drug consumption site" means a facility or premises operated or
intended to provide an environment for the unlawful use of a controlled substance.
(b)
"Supervised drug consumption site" does not include a facility or premises that
provides or facilitates:
(i)
an opioid treatment program, as that term is defined in Section
58-17b-309.7
; or
(ii)
the use of medication pursuant to a medication assisted treatment plan, as that
term is defined in Section
64-13-25.1
.
Section 24. Section
78B-6-802
is amended to read:
78B-6-802
. Unlawful detainer by tenant for a term less than life.
(1)
A tenant holding real property for a term less than life is guilty of an unlawful detainer
if the tenant:
(a)
continues in possession, in person or by subtenant, of the property or any part of the
property, after the expiration of the specified term or period for which it is let to the
tenant, which specified term or period, whether established by express or implied
contract, or whether written or parol, shall be terminated without notice at the
expiration of the specified term or period;
(b)
having leased real property for an indefinite time with monthly or other periodic rent
reserved:
(i)
continues in possession of the property in person or by subtenant after the end of
any month or period, in cases where the owner, the owner's designated agent, or
any successor in estate of the owner, 15 calendar days or more before the end of
that month or period, has served notice requiring the tenant to quit the premises at
the expiration of that month or period; or
(ii)
in cases of tenancies at will, remains in possession of the premises after the
expiration of a notice of not less than five calendar days;
(c)
continues in possession, in person or by subtenant, after default in the payment of
any rent or other amounts due and after a notice in writing requiring in the alternative
the payment of the rent and other amounts due or the surrender of the detained
premises, has remained uncomplied with for a period of three business days after
service, which notice may be served at any time after the rent becomes due;
(d)
assigns or sublets the leased premises contrary to the covenants of the lease, or
commits or permits waste on the premises after service of a three calendar days'
notice to quit;
(e)
sets up or carries on any unlawful business on or in the premises after service of a
three calendar days' notice to quit;
(f)
suffers, permits, or maintains on or about the premises any nuisance, including
private
nuisance as defined in Section
78B-6-1107
after service of a three calendar
days' notice to quit;
(g)
commits a criminal act on the premises and remains in possession after service of a
three calendar days' notice to quit;
(h)
continues in possession, in person or by subtenant, after a neglect or failure to
perform any condition or covenant of the lease or agreement under which the
property is held, other than those previously mentioned, and after notice in writing
requiring in the alternative the performance of the conditions or covenant or the
surrender of the property, served upon the tenant and upon any subtenant in actual
occupation of the premises remains uncomplied with for three calendar days after
service; or
(i)
(i)
is a tenant under a bona fide tenancy as described in Section 702 of the
Protecting Tenants at Foreclosure Act; and
(ii)
continues in possession after the effective date of a notice to vacate given in
accordance with Section 702 of the Protecting Tenants at Foreclosure Act.
(2)
After service of the notice and the time period required for the notice, the tenant, any
subtenant in actual occupation of the premises, any mortgagee of the term, or other
person interested in the lease's continuance may perform the condition or covenant and
save the lease from forfeiture, except that if the covenants and conditions of the lease
violated by the lessee cannot afterwards be performed, or the violation cannot be
brought into compliance, a notice provided for in Subsections
(1)(d)
through
(g)
may be
given.
(3)
Unlawful detainer by an owner resident of a mobile home is determined under
Title 57,
Chapter 16, Mobile Home Park Residency Act
.
(4)
The notice provisions for nuisance in Subsections
(1)(d)
through
(g)
do not apply to
nuisance actions provided in Sections
78B-6-1107
through
78B-6-1114
an action for
abatement by eviction of a private nuisance as described in Section
78B-6a-303
.
(5)
The notice to vacate requirement under 15 U.S.C.
Sec.
9058(c), which is part of the
Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 116-136:
(a)
applies only to a notice provided to a tenant of a covered dwelling in a covered
property as that term is defined in 15 U.S.C.
Sec.
9058(a);
(b)
applies only to the amount of time before a tenant may be required to vacate a
covered property through an order of restitution as provided by Section
78B-6-812
;
(c)
for a notice provided under Subsection
(1)(c)
, applies only when delinquent rent or
other amounts have accrued during the 120-day moratorium described in 15 U.S.C.
Sec.
9058(b);
(d)
does not require that a tenant be given more than three business days after service to
pay rent and other amounts due under a notice provided under Subsection
(1)(c)
;
(e)
does not apply to a notice provided under Subsections
(1)(d)
through
(h)
;
(f)
does not prohibit or nullify the service of any notice described in this section; and
(g)
does not limit the accrual of damages under Section
78B-6-811
.
(6)
Service of a notice as provided by 15 U.S.C.
Sec.
9058(c) or under Subsection
(5)
does
not nullify the service or validity of any other notice provided in accordance with this
section.
Section 25. Section
78B-6-805
is amended to read:
78B-6-805
. Notice -- How served.
(1)
A notice required by this part may be served:
(a)
by delivering a copy to the tenant personally or, if the tenant is a commercial tenant,
by delivering a copy to the commercial tenant's usual place of business by leaving a
copy of the notice with a person of suitable age and discretion;
(b)
by sending a copy through registered mail, certified mail, or an equivalent means,
addressed to the tenant at the tenant's residence, leased property, or usual place of
business;
(c)
if the tenant is absent from the residence, leased property, or usual place of business,
by leaving a copy with a person of suitable age and discretion at the tenant's
residence, leased property, or usual place of business;
(d)
if a person of suitable age or discretion cannot be found at the place of residence,
leased property, or usual place of business, then by affixing a copy in a conspicuous
place on the leased property; or
(e)
if an order of abatement by eviction of the nuisance is issued by the court as provided
in Section
78B-6-1109
78B-6a-303
, when issued, the parties present shall be on
notice that the abatement by eviction order is issued and immediately effective or as
to any absent party, notice shall be given as provided in Subsections
(1)(a)
through
(e)
(d)
.
(2)
Service upon a subtenant may be made in the same manner as provided in Subsection
(1)
.
Section 26. Section
78B-6-806
is amended to read:
78B-6-806
. Necessary defendant.
(1)
(a)
No person other than the tenant of the premises, a lease signer, and subtenant if
there is one in the actual occupation of the premises when the action is commenced,
may be made a party defendant in the proceeding, except as provided in Section
78B-6-1111
78B-6a-303
.
(b)
A proceeding may not abate, nor the plaintiff be nonsuited, for the nonjoinder of any
person who might have been made a party defendant.
(c)
If it appears that any of the parties served with process or appearing in the
proceedings are guilty, judgment shall be rendered against those parties.
(2)
(a)
If a person has become a subtenant of the premises in controversy after the service
of any notice as provided in this part, the fact that the notice was not served on the
subtenant is not a defense to the action.
(b)
All persons who enter under the tenant after the commencement of the action shall
be bound by the judgment the same as if they had been made parties to the action.
(3)
A landlord, owner, or designated agent is a necessary party defendant only in an
abatement by eviction action for an unlawful drug house
as provided in Section
78B-6-1111
under Section
78B-6a-303
.
Section 27. Section
78B-6-811
is amended to read:
78B-6-811
. Judgment for restitution, damages, and rent -- Immediate
enforcement -- Remedies.
(1)
(a)
A court may:
(i)
enter a judgment upon the merits or upon default; and
(ii)
issue an order of restitution regardless of whether a judgment is entered.
(b)
A judgment entered in favor of the plaintiff shall include an order for the restitution
of the premises as provided in Section
78B-6-812
.
(c)
If the proceeding is for unlawful detainer after neglect or failure to perform any
condition or covenant of the lease or agreement under which the property is held, or
after default in the payment of rent, the judgment shall also declare the forfeiture of
the lease or agreement.
(d)
(i)
A forfeiture under Subsection
(1)(c)
does not release a defendant from any
obligation for payments on a lease for the remainder of the lease's term.
(ii)
Subsection
(1)(d)(i)
does not change any obligation on either party to mitigate
damages.
(2)
The jury or the court, if the proceeding is tried without a jury or upon the defendant's
default, shall also assess the damages resulting to the plaintiff from any of the following:
(a)
forcible entry;
(b)
forcible or unlawful detainer;
(c)
waste of the premises during the defendant's tenancy, if waste is alleged in the
complaint and proved at trial;
(d)
the amounts due under the contract; and
(e)
the abatement
of the nuisance by eviction as provided in Sections
78B-6-1107

through
78B-6-1114
by eviction of a private nuisance as described in Section
78B-6a-303
.
(3)
The court shall enter the judgment against the defendant for the rent and for three times
the amount of the damages assessed under Subsections
(2)(a)
through
(2)(e)
.
(4)
(a)
If the proceeding is for unlawful detainer, the court shall issue execution upon the
judgment immediately after the entry of the judgment.
(b)
In all cases, the judgment may be issued and enforced immediately.
(5)
In an action under this chapter, the court:
(a)
shall award costs and reasonable attorney fees to the prevailing party;
(b)
may modify a judgment for additional amounts owed if a motion is submitted within
180 days on the earlier of the day on which:
(i)
the order of restitution is enforced; or
(ii)
the defendant vacates the premises; and
(c)
may grant a party additional time for a motion under Subsection
(5)(b)
.
(6)
(a)
If the court issues an order of restitution, the defendant shall provide a current
address to the court and the plaintiff within 30 days of the day on which the court
issues the order of restitution.
(b)
Failure of a defendant to provide an address under Subsection
(6)(a)
does not require
the plaintiff or the court to bear the burden of seeking out the defendant to provide
notice for any subsequent proceeding.
Section 28. Section
78B-6-813
is amended to read:
78B-6-813
. Time for appeal.
(1)
Except as provided in Subsection
(2)
, either party may, within 10 days, appeal from the
judgment rendered.
(2)
In a
nuisance action under Sections
78B-6-1107
through
78B-6-1114
private nuisance
action described in Section
78B-6a-303
, any party may appeal from the judgment
rendered within three days.
Section 29. Section
78B-6a-101
, which is renumbered from Section 78B-6-1101 is renumbered
and amended to read:
6a. Civil Actions for Nuisances
1. General Provisions
78B-6-1101
78B-6a-101
. Definitions for chapter.
(1)
As used in this
part
chapter
:
(1)
(a)
"Agricultural operation" means the commercial production of crops, orchards,
livestock, poultry, aquaculture, livestock products, or poultry products.
(b)
"Agricultural operation" includes:
(i)
the real property where the commercial production described in Subsection
(1)(a)

occurs;
(ii)
a facility, a property, or equipment used to facilitate the commercial production
described in Subsection
(1)(a)
;
(iii)
an agritourism activity, as defined in Section
78B-4-512
; or
(iv)
an agricultural protection area established under Title 17, Chapter 81,
Agriculture, Industrial, and Critical Infrastructure Materials.
(2)
"Agriculture protection area" means the same as that term is defined in Section
17-81-101
.
(a)
(3)
"Controlled substance" means the same as that term is defined in Section
58-37-2
.
(b)
(4)
"Critical infrastructure materials operations" means the same as the term "critical
infrastructure materials use" is defined in Section
10-20-701
.
(5)
"Drug nuisance" means fumes resulting from the unlawful manufacturing or the
unlawful possession or use of a controlled substance that drift into a residential unit a
person rents, leases, or owns, from another residential or commercial unit.
(6)
"Government entity" means:
(a)
the state, any county, municipality, special district, special service district, or any
other political subdivision or administrative unit of the state, including state
institutions of education;
(b)
a federal entity or agency; or
(c)
a tribal government.
(7)
"Legal product" means a product for which possession generally, or by the person
alleged to be causing the public nuisance, is not specifically prohibited by federal or
state law.
(c)
(8)
"Manufacturing facility" means a factory, plant, or other facility including its
appurtenances, where the form of raw materials, processed materials, commodities, or
other physical objects is converted or otherwise changed into other materials,
commodities, or physical objects or where such materials, commodities, or physical
objects are combined to form a new material, commodity, or physical object.
(d)
"Nuisance" means anything that is injurious to health, indecent, offensive to the
senses, or an obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property.
(e)
(9)
(i)
"Possession or use" means the joint or individual ownership, control,
occupancy, holding, retaining, belonging, maintaining, or the application,
inhalation, swallowing, injection, or consumption, as distinguished from
distribution, of a controlled substance, and includes individual, joint, or group
possession or use of a controlled substance.
(ii)
For a person to be a possessor or user of a controlled substance, it is not required
that the person be shown to have individually possessed, used, or controlled the
substance, but it is sufficient if it is shown that the person jointly participated with
one or more persons in the use, possession, or control of a controlled substance
with knowledge that the activity was occurring, or the controlled substance is
found in a place or under circumstances indicating that the person had the ability
and the intent to exercise dominion and control over it.
(10)
(a)
"Private nuisance" means a condition arising out of the use of real property that:
(i)
is injurious to health or safety, or is indecent or offensive to the senses, of an
individual on an adjacent or neighboring property; or
(ii)
obstructs the free use of an adjacent or neighboring property so as to interfere
with the comfortable enjoyment of life or property.
(b)
"Private nuisance" includes a condition that is:
(i)
gambling as provided in Title 76, Chapter 9, Part 14, Gambling;
(ii)
criminal activity committed in concert with two or more individuals as provided
in Section
76-3-203.1
;
(iii)
criminal activity committed for the benefit of, at the direction of, or in
association with any criminal street gang as defined in Section
76-9-802
;
(iv)
criminal activity committed to gain recognition, acceptance, membership, or
increased status with a criminal street gang as defined in Section
76-9-802
;
(v)
a party house that frequently creates a condition described in Subsection
(10)(a)
;
(vi)
prostitution as provided in Title 76, Chapter 5d, Prostitution;
(vii)
an unsafe building or place;
(viii)
the unlawful discharge of a firearm as provided in state or local law;
(ix)
a drug nuisance; or
(x)
a tobacco nuisance.
(c)
"Private nuisance" does not include:
(i)
a public nuisance;
(ii)
an action or condition that is lawful; or
(iii)
an action or condition that is authorized, approved, licensed, or mandated by
statute, ordinance, regulation, permit, license, order, rule, or other similar measure
issued, adopted, promulgated, or approved by a government entity.
(11)
(a)
"Public nuisance" means:
(i)
a condition arising out of the use of real property that unlawfully interferes with a
public right by endangering community safety, being indecent to the community,
or being offensive to the community; or
(ii)
a condition that unlawfully interferes with the public right to free passage or use,
in the customary manner, of a navigable lake, river, bay, stream, canal, or basin or
a public park, square, street, road, or highway.
(b)
"Public nuisance" does not include:
(i)
an action or condition that is lawful;
(ii)
an action or condition that is authorized, approved, licensed, or mandated by
statute, ordinance, regulation, permit, license, order, rule, or other similar measure
issued, adopted, promulgated, or approved by a government entity;
(iii)
impairment of the spiritual, cultural, or emotional significance associated with a
navigable lake, river, bay, stream, canal, or basin or a public park, square, street,
road, or highway;
(iv)
the design, manufacturing, distributing, selling, labeling, or marketing of a legal
product;
(v)
the aggregation of individual injuries or private rights, including a private
nuisance; or
(vi)
the design, manufacturing, distributing, selling, labeling, or marketing of
firearms, firearm accessories, or ammunition, as defined in Section
53-5d-102
, or
components of firearms, firearm accessories, or ammunition.
(12)
"Residential unit" does not include:
(a)
a residential rental unit available for temporary rental, such as for a vacation, or
available for only 30 or fewer days at a time;
(b)
a hotel or motel room; or
(c)
a unit that is part of a timeshare development, as defined in Section
57-19-2
, or
subject to a timeshare interest as defined in Section
57-19-2
.
(13)
"Shooting range" means the same as that term is defined in Section
53-5a-701
.
(14)
"Tobacco or illegal substance nuisance" means tobacco smoke that drifts into a
residential unit a person rents, leases, or owns, from another residential or commercial
unit and the smoke:
(a)
drifts in more than once in each of two or more consecutive seven-day periods; and
(b)
creates a condition described in Subsection
(10)(a)
.
(15)
(a)
"Unlawfully interferes" means a condition that violates a statute, ordinance,
regulation, permit, license, order, rule, or other similar measure issued, adopted,
promulgated, or approved by a government entity.
(b)
"Unlawfully interferes" includes any statute, ordinance, regulation, permit, license,
order, rule, or other similar measure issued, adopted, promulgated, or approved by a
government entity before, on, or after May 6, 2026.
(16)
"Unsafe building or place" means a building or place where:
(a)
the unlawful sale, manufacture, service, storage, distribution, dispensing, acquisition,
or use occurs of any controlled substance, precursor, or analog described in Title 58,
Chapter 37, Utah Controlled Substances Act;
(b)
gambling is permitted to be played, conducted, or dealt upon as prohibited in Title
76, Chapter 9, Part 14, Gambling, which creates a condition described in Subsection
(10)(a)
;
(c)
criminal activity is committed in concert with two or more individuals as described
in Section
76-3-203.1
;
(d)
criminal activity is committed for the benefit of, at the direction of, or in association
with any criminal street gang as defined in Section
76-9-802
;
(e)
criminal activity is committed to gain recognition, acceptance, membership, or
increased status with a criminal street gang as defined in Section
76-9-802
;
(f)
parties occur frequently that creates a condition described in Subsection
(10)(a)
;
(g)
prostitution or promotion of prostitution is regularly carried on by one or more
persons as described in Title 76, Chapter 5d, Prostitution;
(h)
a violation of an offense under Title 76, Chapter 11, Weapons, occurs on the
premises;
(i)
the unlawful discharge of a firearm, as provided in state or local law, occurs on the
premises; or
(j)
human trafficking occurs as described in Title 76, Chapter 5, Part 3, Kidnapping,
Trafficking, and Smuggling.
(2)
A nuisance may be the subject of an action.
(3)
A nuisance may include the following:
(a)
drug houses and drug dealing as provided in Section
78B-6-1107
;
(b)
gambling as provided in
Title 76, Chapter 9, Part 14, Gambling
;
(c)
criminal activity committed in concert with two or more individuals as provided in
Section
76-3-203.1
;
(d)
criminal activity committed for the benefit of, at the direction of, or in association
with any criminal street gang as defined in Section
76-9-802
;
(e)
criminal activity committed to gain recognition, acceptance, membership, or
increased status with a criminal street gang as defined in Section
76-9-802
;
(f)
party houses that frequently create conditions defined in Subsection
(1)(d)
;
(g)
prostitution as provided in
Title 76, Chapter 5d, Prostitution
; or
(h)
the unlawful discharge of a firearm as provided in state or local law.
(4)
A nuisance under this part includes:
(a)
tobacco smoke that drifts into a residential unit a person rents, leases, or owns, from
another residential or commercial unit and the smoke:
(i)
drifts in more than once in each of two or more consecutive seven-day periods;
and
(ii)
creates any of the conditions described in Subsection
(1)(d)
; or
(b)
fumes resulting from the unlawful manufacturing or the unlawful possession or use
of a controlled substance that drift into a residential unit a person rents, leases, or
owns, from another residential or commercial unit.
(5)
Subsection
(4)(a)
does not apply to:
(a)
a residential rental unit available for temporary rental, such as for a vacation, or
available for only 30 or fewer days at a time; or
(b)
a hotel or motel room.
(6)
Subsection
(4)(a)
does not apply to a unit that is part of a timeshare development, as
defined in Section
57-19-2
, or subject to a timeshare interest as defined in Section
57-19-2
.
(7)
An action for nuisance against an agricultural operation is governed by
Title 4, Chapter
44, Agricultural Operations Nuisances Act
.
Section 30. Section
78B-6a-102
is enacted to read:
78B-6a-102
. Abrogation of common law nuisance -- Exception -- Reporting
requirement.
(1)
(a)
Except as provided in Subsection
(2)
, this chapter abrogates any common law
civil right of action for a public nuisance or a private nuisance in this state.
(b)
Subsection
(1)(a)
does not abrogate a common law civil right of action for public
nuisance or a private nuisance that accrued, or is pending in a court, before May 6,
2026.
(2)
The attorney general may bring a common law civil right of action for a public nuisance
or private nuisance in this state if:
(a)
the attorney general determines that there is a substantial ongoing harm to a
significant number of the citizens of Utah; and
(b)
the attorney general is bringing the common law civil right of action for a public
nuisance or a private nuisance:
(i)
on behalf of the state, a state officer or agency, or a political subdivision of the
state; or
(ii)
as parens patriae on behalf of individuals residing in the state.
(3)
A person other than the attorney general may not bring a common law civil right of
action for a public nuisance or private nuisance.
(4)
The governor may direct the attorney general to bring a nuisance action under
Subsection
(2)
.
(5)
This chapter does not preclude the governor from declaring a public nuisance.
(6)
Before October 1, 2029, and every four years thereafter before October 1:
(a)
the attorney general shall report to the Judiciary Interim Committee on the attorney
general's exercise of the common law right of action described in Subsection
(2)
; and
(b)
the Judiciary Interim Committee shall review the attorney general's report and make
a determination as to whether Subsections
(2)
and
(3)
should be repealed.
Section 31. Section
78B-6a-103
, which is renumbered from Section 78B-6-1114 is renumbered
and amended to read:
78B-6-1114
78B-6a-103
. Award of costs and attorney fees.
(1)
The court may award costs, including the costs of investigation and discovery, and
reasonable attorney fees, which are not compensated for
pursuant to some other
in
accordance with another
provision of law, to the prevailing party in any case in which a
party brings an action to abate a nuisance under this
part
chapter
.
(2)
The
If a defendant is a landlord, owner, or designated agency, the
court may award
costs, including the costs of investigation and discovery, and reasonable attorney fees
against
a defendant landlord, owner, or designated agent
the defendant
only when the
court finds that the defendant
landlord, owner, or designated agent
had actual notice of
the nuisance action and willfully failed to take reasonable action within a reasonable
time to abate the nuisance.
Section 32. Section
78B-6a-104
, which is renumbered from Section 78B-6-1102.5 is renumbered
and amended to read:
78B-6-1102.5
78B-6a-104
. Violation of order enjoining a public or private
nuisance -- Civil penalty.
A person who knowingly violates any judgment or order abating or enjoining a
nuisance,
as that term is defined in Section
78B-6-1101
public nuisance or private nuisance
:
(1)
is guilty of a class B misdemeanor; and
(2)
is subject to a civil penalty of $50 per day for each day that the nuisance continues in
violation of the order.
Section 33. Section
78B-6a-201
is enacted to read:
2. Public Nuisance
78B-6a-201
. Definitions for part.
As used in this part:
(1)
"Private party" means a person that is not a government entity.
(2)
(a)
"Special injury" means an injury that is different in kind, not just in degree, from
an injury sustained by the general public exercising the same public right.
(b)
"Special injury" does not include:
(i)
an injury that is based upon impairment of the spiritual, cultural, or emotional
significance associated with a navigable lake, river, bay, stream, canal, or basin or
a public park, square, street, road, or highway; or
(ii)
a financial expenditure made by a person in responding, including seeking an
injunction in response, to a public nuisance.
Section 34. Section
78B-6a-202
is enacted to read:
78B-6a-202
. Government right of action for a public nuisance.
(1)
Except as otherwise provided by this section or Part 4, Defenses to Nuisance Actions, a
government entity has a right of action against a person for a public nuisance if:
(a)
the person:
(i)
engages in an activity that directly causes a public nuisance and the public
nuisance is a reasonably foreseeable result of the person's activity;
(ii)
controls or instructs at least one other person to engage in an activity that directly
causes the public nuisance and the public nuisance is a reasonably foreseeable
result of the other person's activity; or
(iii)
is the successive owner of property and neglects to abate a continuing public
nuisance upon, or in the use of the property, that was created by a former owner;
and
(b)
(i)
the public nuisance would not exist if not for the person's conduct under
Subsection
(1)(a)
; or
(ii)
the government entity's expenditures to abate or address the public nuisance
would decrease by at least 25%.
(2)
(a)
A government entity that is a political subdivision of the state may only bring a
public nuisance action described in Subsection
(1)
if the alleged public nuisance is
entirely within the jurisdiction of that government entity.
(b)
If an alleged public nuisance is not entirely within the jurisdiction of a political
subdivision of the state, only the attorney general may bring an action described in
Subsection
(1)
on behalf of the state.
(c)
The governor may direct the attorney general to bring an action described in
Subsection
(1)
on behalf of the state.
(3)
A government entity that brings a public nuisance action under Subsection
(1)
shall
plead each element of the public nuisance action:
(a)
by verified complaint, counterclaim, or third party complaint; and
(b)
with particularity under the same standard required by Utah Rules of Civil
Procedure, Rule 9.
(4)
A government entity does not have a right of action under Subsection
(1)
solely because
the government entity has made past, current, or future expenditures in responding,
including seeking an injunction in response, to a public nuisance.
(5)
If a government entity prevails in an action for a public nuisance, the court may only:
(a)
grant injunctive relief to enjoin the condition that is proximately causing the public
nuisance; and
(b)
award monetary or nonmonetary resources to abate the public nuisance if the court
determines the resources are reasonably necessary, by clear and convincing evidence,
to abate the public nuisance based upon relevant and reliable cost factors.
(6)
A government entity may only spend resources awarded under Subsection
(5)(b)
to
abate the public nuisance.
(7)
If an action is brought under this section, the court may not award:
(a)
resources for abating a potential future public nuisance; or
(b)
damages of any kind, including economic, noneconomic, or exemplary damages.
(8)
There is no statute of limitations for an action under this section if the public nuisance
amounts to an actual ongoing obstruction of a public right.
(9)
This section does not limit the authority of a government entity to order a person to
vacate the right of way of a navigable lake, river, bay, stream, canal, or basin or a public
park, square, street, road, or highway.
(10)
A private party may not bring an action for a public nuisance under this section.
Section 35. Section
78B-6a-203
is enacted to read:
78B-6a-203
. Private right of action for a public nuisance.
(1)
Except as otherwise provided by this section and Part 4, Defenses to Nuisance Actions,
a private party has a right of action for a public nuisance against a person if:
(a)
the person:
(i)
engages in an activity that directly causes the public nuisance and the public
nuisance is a reasonably foreseeable result of the person's activity;
(ii)
controls or instructs at least one other person to engage in an activity that directly
causes the public nuisance and the public nuisance is a reasonably foreseeable
result of the other person's activity; or
(iii)
is the successive owner of property and neglects to abate a continuing public
nuisance upon, or in the use of the property, that was created by a former owner;
(b)
not for the person's conduct under Subsection
(1)(a)
:
(i)
the public nuisance would not exist; or
(ii)
the private party's expenditures to abate or address the public nuisance would
decrease by at least 25%; and
(c)
the private party can establish, by clear and convincing evidence, that the private
party has suffered special injury.
(2)
A private party that brings a public nuisance action under Subsection
(1)
shall plead
each element of the public nuisance action:
(a)
by verified complaint, counterclaim, or third party complaint; and
(b)
with particularity under the same standard required by Utah Rules of Civil
Procedure, Rule 9.
(3)
If a private party brings an action for a public nuisance, the court may only award
compensatory damages for the special injury that may not be otherwise reimbursed, or
have been reimbursed, by a government entity.
(4)
The abatement of a public nuisance by a government entity as described in Section
78B-6a-204
does not preclude a right of action under this section.
(5)
A class action may not be brought under this section for special injuries arising out of a
public nuisance.
Section 36. Section
78B-6a-204
is enacted to read:
78B-6a-204
. Abatement of a public nuisance.
(1)
A government entity, or an officer of a government entity who is authorized by law,
may abate a public nuisance.
(2)
Nothing in this section alters the remedies available to a government entity or a private
party in a right of action under Sections
78B-6a-202
and
78B-6a-203
.
Section 37. Section
78B-6a-301
is enacted to read:
3. Private Nuisance
78B-6a-301
. Definitions for part.
Reserved.
Section 38. Section
78B-6a-302
, which is renumbered from Section 78B-6-1102 is renumbered
and amended to read:
78B-6-1102
78B-6a-302
. Right of action for private nuisance.
(1)
An action for nuisance may be brought before a court with jurisdiction by any person
whose property is injuriously affected, or whose personal enjoyment is lessened by the
nuisance.
(1)
Except as otherwise provided by this part or Part 4, Defenses for Nuisance Actions, a
person has a right of action for a private nuisance if:
(a)
the person owns or possesses a legal interest in the real property that is the subject of
the action; and
(b)
the person's real property is injuriously affected by the private nuisance or the
person's personal enjoyment is lessened by the private nuisance.
(2)
Upon judgment, the court may, in addition to any other relief the court considers just
and proper
If the person prevails in an action described in Subsection
(1)
, the court may,
in addition to any other relief the court considers just and proper
:
(a)
award damages;
(b)
order the nuisance to be enjoined or abated,
which may include
including
:
(i)
requiring a defendant to make repairs to the nuisance property or property that is
injuriously affected by the nuisance;
(ii)
requiring a defendant to:
(A)
install and maintain secure locks on the nuisance property's doors or windows;
(B)
provide security personnel or video surveillance monitoring of the nuisance
property; or
(C)
install and maintain lighting in and around common areas; or
(iii)
abatement by eviction as provided in this part;
(c)
grant declaratory relief as described in
Chapter 4,
Part 4, Declaratory Judgments; or
(d)
award costs and reasonable attorney fees to the prevailing party as described in
Section
76B-6-1114
78B-6a-103
.
(3)
A court that issues a judgment or order under this
part
section
retains jurisdiction to
enforce the judgment or order.
Section 39. Section
78B-6a-303
is enacted to read:
78B-6a-303
. Abatement by eviction of private nuisance.
(1)
(a)
The county attorney, or the county, the city attorney of any incorporated city in
the county, any citizen or citizens of the state residing in the county, or any person or
business doing business in the county, has a right of action for abatement by eviction
if there is reason to believe that an unsafe building or place is kept, maintained, or
exists in the city or county.
(b)
The court may designate a spokesperson from a group of citizens who would
otherwise have the right to maintain an action in their individual names against the
defendant under Subsection
(1)(a)
.
(2)
A court shall issue an order of abatement by eviction if the plaintiff shows, by a
preponderance of the evidence, that:
(a)
the plaintiff will suffer irreparable harm unless the order of abatement by eviction is
issued;
(b)
the threatened injury to the plaintiff outweighs any damage the proposed order of
abatement by eviction may cause the party to be evicted;
(c)
the order of abatement by eviction would not be adverse to the public interest; and
(d)
there is a substantial likelihood that:
(i)
the plaintiff will prevail on the merits of the underlying claim; or
(ii)
the case presents serious issues on the merits that should be the subject of further
litigation.
(3)
(a)
At the time of filing an action for abatement by eviction under Subsection
(1)
, the
court may issue an order, upon a showing of good cause:
(i)
to protect the plaintiff; or
(ii)
to protect a witness who is not a peace officer if proof of the existence of the
unsafe building or place depends in whole or in part upon the affidavit of the
witness.
(b)
The order under Subsection
(3)(a)
may include nondisclosure of the name, address,
or any other information that may identify the individual protected by the order.
(4)
(a)
A landlord, owner, or designated agent is a necessary defendant in an action for an
unsafe building or place for entry of an order to abate the unsafe building or place by
eviction where the acts complained of are those of a third party upon the premises of
the landlord, owner, or designated agent.
(b)
At the court's hearing on the action to abate the unsafe building or place by eviction,
the court shall notify the necessary parties, including the applicant, the tenant, and the
landlord, owner, or designated agent, if:
(i)
the court finds that an unsafe building or place is a private nuisance; and
(ii)
as a result, the court is issuing an order to evict the tenant subject to compliance
with the security requirement in Subsection
(6)
.
(5)
In all cases, including default judgments, the order of abatement by eviction may be
issued and enforced immediately.
(6)
(a)
The court shall condition issuance of an order of abatement by eviction under this
section on the giving of security by the plaintiff, in such sum and form as the court
determines proper, unless:
(i)
the court determines that none of the parties will incur or suffer costs, attorney
fees, or damages as the result of any wrongful order of abatement by eviction;
(ii)
the court determines that there exists some substantial reason for dispensing with
the requirement of security; or
(iii)
the plaintiff has proved, by a preponderance of the evidence, the existence of an
unsafe building or place.
(b)
Security described in Subsection
(6)(a)
may not be required:
(i)
of the United States, the state, or an officer, agency, or subdivision of the United
States or the state; or
(ii)
when prohibited by law.
(c)
The amount of security may not limit the award of:
(i)
reasonable attorney fees or costs incurred in connection with the order of
abatement by eviction; or
(ii)
damages that may be awarded to a party who is found to have been wrongfully
evicted.
(d)
(i)
A surety upon a bond or undertaking under this Subsection
(6)
submits to the
jurisdiction of the court and irrevocably appoints the clerk of the court as agent
upon whom any papers affecting the surety's liability on the bond or undertaking
may be served.
(ii)
The surety's liability may be enforced on motion without the necessity of an
independent action.
(iii)
The motion, and any notice of the motion as the court prescribes, may be served
on the clerk of the court who shall immediately provide a copy to the plaintiff or
other person giving the security by the means established at the time of the filing
of the action.
(e)
Upon request, the plaintiff shall be granted a hearing to be held no later than three
days from the date the defendant is served with notice of the applicant's giving of
security, as described in Subsection
(6)(a)
.
Section 40. Section
78B-6a-304
, which is renumbered from Section 78B-6-1113 is renumbered
and amended to read:
78B-6-1113
78B-6a-304
. Evidence of private nuisance -- Requirements for
controlled substance nuisance.
(1)
In an action
for nuisance or abatement by eviction
described in Section
78B-6a-302
or
78B-6a-303
, all evidence authorized by law, including evidence of
reputation in a community, is admissible to prove the existence of a
private
nuisance or
the elements required for an order of abatement by eviction by a preponderance of the
evidence.
(2)
If the private nuisance is for fumes resulting from the unlawful manufacturing or the
unlawful possession or use of a controlled substance that drift into a residential unit a
person rents, leases, or owns, from another residential or commercial unit:
(a)
the plaintiff is not required to show that a person individually possessed, used, or
controlled the substance; and
(b)
it is sufficient if the plaintiff shows that the person jointly participated with one or
more persons in the use, possession, or control of a controlled substance with
knowledge that the activity was occurring, or the controlled substance is found in a
place or under circumstances indicating that the person had the ability and the intent
to exercise dominion and control over the controlled substance.
Section 41. Section
78B-6a-401
is enacted to read:
4. Defenses to Nuisance Actions
78B-6a-401
. Definitions for part.
As used in this part, "fundamental change" does not include:
(1)
a change in ownership or size;
(2)
an interruption of farming for a period of no more than three years;
(3)
participation in a government-sponsored agricultural program;
(4)
employment of new technology; or
(5)
a change in the type of agricultural product produced.
Section 42. Section
78B-6a-402
, which is renumbered from Section 78B-6-1103 is renumbered
and amended to read:
78B-6-1103
78B-6a-402
. Defense in private nuisance action for manufacturing
facility in operation over three years.
(1)
(a)
Notwithstanding Sections
76-9-1301
and
78B-6-1101
, a manufacturing facility
may not be considered a nuisance because of
A person or government entity does not
have a right of action for a private nuisance under this chapter for
any changed
circumstance in land uses near
the
a manufacturing
facility if:
(i)
the manufacturing facility has been in operation for more than three years; and
(ii)
the manufacturing facility was not a
private
nuisance at the time
it
the
manufacturing facility
began operation.
(b)
The manufacturing facility may not increase the condition asserted to be a
private

nuisance.
(c)
The provisions of this Subsection
(1)
do not apply if a
private
nuisance results from
the negligent or improper operation of a manufacturing facility.
(2)
Nothing in this section affects the right of a person
in an action other than an action for
a private or public nuisance
to recover damages for injuries or damage sustained as a
result of the pollution or change in the conditions of the waters of a stream or overflow
of the lands of any person.
(3)
(a)
Any and all ordinances
now or in the future
adopted by any county or municipal
corporation in which a manufacturing facility is located
and which makes its
that
makes the manufacturing facility's
operation a
private
nuisance or providing for an
abatement as a
private
nuisance in the circumstances set forth in this section are null
and void.
(b)
The provisions of this Subsection
(3)
may not apply whenever a
private
nuisance
results from the negligent or improper operation of a manufacturing facility.
(4)
This section does not apply to an action under Part 2, Public Nuisance.
Section 43. Section
78B-6a-403
, which is renumbered from Section 78B-6-1115 is renumbered
and amended to read:
78B-6-1115
78B-6a-403
. Defense in private nuisance action for critical
infrastructure materials operations.
(1)
Activities
A person or government entity does not have a right of action for a private
nuisance under this chapter for an activity
conducted in the normal and ordinary course
of
a
critical infrastructure materials
operations
operation
or conducted in accordance
with sound practices
are
presumed to be reasonable
and not constitute a nuisance
.
(2)
Critical
A critical
infrastructure materials
operations
operation
undertaken in
conformity with federal, state, and local laws and regulations, including zoning
ordinances,
are
is
presumed to be operating within sound critical infrastructure
materials practices.
(3)
This section does not apply to an action under Part 2, Public Nuisance.
Section 44. Section
78B-6a-404
, which is renumbered from Section 4-44-201 is renumbered
and amended to read:
4-44-201
78B-6a-404
. Defense in nuisance action for agricultural operations.
(1)
It is a defense in a civil action for nuisance against an agricultural operation that
(a)
A person or government entity does not have a right of action under this chapter for a
private nuisance that is an agricultural operation if
:
(a)
(i)
the plaintiff is not a legal possessor of the real property affected by the
conditions alleged to be the
public nuisance or private
nuisance;
(b)
(ii)
the real property affected by the conditions alleged to be the
public nuisance
or private
nuisance is located outside one-half mile of the source of the activity or
structure alleged to be the
public nuisance or private
nuisance; or
(c)
(iii)
the action is filed more than one year after:
(i)
(A)
the establishment of the agricultural operation; or
(ii)
(B)
the agricultural operation undergoes a fundamental change.
(2)
(b)
This section
Subsection
(1)(a)
may not be construed to invalidate any contract
made before May 14, 2019.
(2)
(a)
A person or government entity does not have a right of action under this chapter
for a private nuisance that is an agricultural operation if the agricultural operation is
conducted in the normal and ordinary course of an agricultural operation or
conducted in accordance with sound agricultural practices.
(b)
An agricultural operation undertaken in conformity with federal, state, and local laws
and regulations, including zoning ordinances, is presumed to be operating within
sound agricultural practices.
(3)
A person or government entity has no right of action for a public nuisance or private
nuisance if the action involves an agricultural activity and the agricultural activity is:
(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 was conducted according to sound agricultural practices.
(3)
(4)
In a
public nuisance or private
nuisance action
against
for
an agricultural
operation, the court shall award costs and expenses, including reasonable attorney fees,
to:
(a)
the
agricultural operation
defendant
when the court finds the agricultural operation
is not a
nuisance and the
public nuisance or private
nuisance
and the
action is
frivolous or malicious; or
(b)
the plaintiff when the court finds the agricultural operation is a
public nuisance or
private
nuisance and the
agricultural operation
defendant
asserts an affirmative
defense in the
nuisance
action that is frivolous and malicious.
(4)
A person who knowingly violates a judgment or order abating or otherwise enjoining a
nuisance is guilty of a class B misdemeanor.
Section 45. Section
78B-6a-405
, which is renumbered from Section 78B-6-1106 is renumbered
and amended to read:
78B-6-1106
78B-6a-405
. Limitations on tobacco and drug nuisance actions.
(1)
There is no cause of action for a nuisance under Subsection 78B-6-1101(4)(a)
There is
no right of action under this chapter for a tobacco nuisance
if the rental, lease, restrictive
covenant, or purchase agreement for the unit states in writing that:
(a)
tobacco smoking is allowed in other units, either residential or commercial, and that
tobacco smoke from those units may drift into the unit that is subject to the
agreement; and
(b)
by signing the agreement the renter, lessee, or buyer acknowledges
he has
they have

been informed that tobacco smoke may drift into the unit
he is
they are
renting,
leasing, or purchasing, and
he waives
they waive
any right to a cause of action for a
nuisance under Subsection
78B-6-1101(4)
tobacco nuisance
.
(2)
A cause of action for
a nuisance under Subsection
78B-6-1101(4)(a)
a tobacco nuisance

may be brought against:
(a)
the individual generating the tobacco smoke;
(b)
the renter or lessee who permits or fails to control the generation of tobacco smoke,
in violation of the terms of the rental or lease agreement, on the premises the renter or
lessee rents or leases; or
(c)
the landlord, but only if:
(i)
the terms of the renter's or lessee's contract provide the unit will not be subject to
the nuisance of drifting tobacco smoke;
(ii)
the complaining renter or lessee has provided to the landlord a statement in
writing indicating that tobacco smoke is creating a nuisance in the renter's or
lessee's unit; and
(iii)
the landlord knowingly allows the continuation of a
nuisance under Subsection
78B-6-1101(4)
tobacco nuisance
after receipt of written notice under Subsection
(2)(c)(ii)
, and in violation of the terms of the rental or lease agreement under
Subsection
(2)(c)(i)
(2)(b)
.
(3)
A cause of action for
nuisance under Subsection 78B-6-1101(4)(b)
a drug nuisance

may be brought against:
(a)
an individual who generates fumes by the unlawful manufacturing or the unlawful
possession or use of a controlled substance;
(b)
a renter or lessee who permits or fails to control the generation of fumes from the
unlawful manufacturing or the unlawful possession or use of a controlled substance
on the premises the renter or lessee rents or leases; or
(c)
a landlord, but only if:
(i)
the complaining renter or lessee has provided to the landlord a statement in
writing indicating that fumes from the unlawful manufacturing or the unlawful
possession or use of a controlled substance are creating a nuisance in the renter's
or lessee's unit; and
(ii)
the landlord knowingly allows the continuation of a
nuisance under Subsection
78B-6-1101(4)(b)
drug nuisance
after receipt of written notice under Subsection
(3)(c)(i)
.
(4)
It is a defense to a drug nuisance if the defendant can prove that the defendant is
lawfully entitled to the possession or use of a controlled substance.
Section 46. Section
78B-6a-407
is enacted to read:
78B-6a-407
. Defense in nuisance action for shooting range.
(1)
A person or government entity does not have a right of action under this chapter against
a person who operates or uses a shooting range in this state for noise or noise pollution
resulting from the operation or use of the shooting range if the shooting range:
(a)
(i)
was established, constructed, or operated before the implementation of any
noise ordinances, rules, or regulations; and
(ii)
does not substantially and adversely affect public health or safety; or
(b)
(i)
is in compliance with any noise control laws, ordinances, rules, or regulations
that applied to the shooting range and the shooting range's operation at the time of
establishment, construction, or initial operation of the shooting range; and
(ii)
does not substantially and adversely affect public health or safety.
(2)
For purposes of this section, noise generated by a shooting range that is operated in
accordance with nationally recognized standards and operating practices does not
constitute a public nuisance or a private nuisance.
Section 47. Section
78B-6a-408
is enacted to read:
78B-6a-408
. Defense for migratory bird production area.
A person or government entity does not have a right of action under this chapter if the
public nuisance or private nuisance is:
(1)
normally associated with a migratory bird production area;
(2)
conducted within a migratory bird production area; and
(3)
not in violation of federal or state law.
Section 48.
Repealer.
Title.
Definitions.
Application of other statutes -- Ordinances.
Declared a nuisance -- Abatement.
Injunction -- Notice to owner of premises.
Evidence -- Dismissal of action -- Costs.
Violation of injunction -- Proceedings for contempt.
Order of abatement -- Execution -- Sale of personal property --
Padlocking.
Proceeds of sale -- Disposition.
Bond to secure abatement -- Procedure.
Permanent injunction -- Fine.
"Abandoned horse" defined.
"Open range" defined.
Title.
Action for abatement of public nuisance.
Relief granted for a public nuisance that offends public decency.
Nuisance -- Drug houses and drug dealing -- Gambling -- Group
criminal activity -- Party house -- Prostitution -- Weapons -- Discharge of a firearm -- Defense.
Nuisance -- Abatement by eviction.
Abatement by eviction order -- Grounds.
Prior acts or threats of violence -- Protection of applicant or witness.
Landlord, owner, or designated agent -- Necessary party --
Automatic eviction.
Security requirement -- Amount not a limitation -- Jurisdiction over
surety.
Section 49.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-12-26 12:00 PM