1. (1)

   1. (a) 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 a manufacturing facility if:

      1. (i) the manufacturing facility has been in operation for more than three years; and
      2. (ii) the manufacturing facility was not a private nuisance at the time the manufacturing facility began operation.
   2. (b) The manufacturing facility may not increase the condition asserted to be a private nuisance.
   3. (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. (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. (3)

   1. (a) Any and all ordinances adopted by any county or municipal corporation in which a manufacturing facility is located 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.
   2. (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. (4) This section does not apply to an action under Part 2, Public Nuisance.

Renumbered and Amended by Chapter 401, 2026 General Session