Utah Code § 78B-6a-403

Defense in private nuisance action for critical infrastructure materials
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operations.
(1) 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 operation or conducted in accordance with sound practices presumed to be
reasonable.
(2) A critical infrastructure materials operation undertaken in conformity with federal, state, and
local laws and regulations, including zoning ordinances, 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.
Renumbered and Amended by Chapter 401, 2026 General Session

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