2025 Utah Code
Title 40 - Mines and Mining
Chapter 11 - Geologic Carbon Storage
Section 2 - Preemption.

Universal Citation:
UT Code § 40-11-2 (2025)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
Effective 5/4/2022
40-11-2. Preemption.
  • (1) Regulation of geologic carbon storage is of statewide concern and the state regulation of geologic carbon storage activity occupies the whole field of geologic carbon storage subject to:
    • (a) the granting of primacy over Class VI geologic sequestration wells; and
    • (b) relevant federal law.
  • (2) The legislative body of a political subdivision may enact, amend, or enforce a local ordinance, resolution, or rule consistent with the political subdivision's general land use authority that:
    • (a) regulates only surface activity that is incidental to geologic carbon storage activity;
    • (b) does not effectively or unduly limit, ban, or prohibit geologic carbon storage activity; and
    • (c) is not otherwise preempted by state or federal law.


Enacted by Chapter 62, 2022 General Session
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