Section 17-41-402.5 - Limits on political subdivisions with respect to a vested mining use - Exception(1) A political subdivision may not:(a) terminate a vested mining use, whether by amortization, the exercise of police power, or otherwise;(b) prohibit, restrict, or otherwise limit a mine operator with a vested mining use from exercising the rights permitted under this chapter;(c) require, for a vested mining use: (ii) a conditional use permit;(iii) a special exception;(iv) the establishment or determination of a nonconforming use right; or(v) any other type of zoning or land use permit; or(d) prohibit, restrict, limit, or otherwise regulate a vested mining use under a variance, conditional use permit, special exception, or other zoning or land use permit issued before May 12, 2009.(2) Subsection (1) does not prohibit a political subdivision from requiring a vested mining use to comply with the generally applicable, reasonable health and safety regulations and building code adopted by the political subdivision including a drinking water protection zone as defined and limited to Subsections 19-4-113(5)(a) and (b).Amended by Chapter 255, 2023 General Session ,§ 3, eff. 5/3/2023.Enacted by Chapter 376, 2009 General Session.