1. (1) A political subdivision may not:

   1. (a) terminate a vested mining use, whether by amortization, the exercise of police power, or otherwise;
   2. (b) prohibit, restrict, or otherwise limit a mine operator with a vested mining use from exercising the rights permitted under this chapter;

   3. (c) require, for a vested mining use:

      1. (i) a variance;
      2. (ii) a conditional use permit;
      3. (iii) a special exception;
      4. (iv) the establishment or determination of a nonconforming use right; or
      5. (v) any other type of zoning or land use permit; or
   4. (d) prohibit, restrict, limit, or otherwise regulate a vested mining use under a variance, conditional use permit, special exception, or other zoning or land use permit issued before May 12, 2009.
2. (2) Subsection (1) does not prohibit a political subdivision from requiring a vested mining use to comply with the generally applicable, reasonable health and safety regulations and building code adopted by the political subdivision including a drinking water protection zone as defined and limited to Subsections 19-4-113(5)(a) and (b).

Renumbered and Amended by Chapter 14, 2025 Special Session 1