Fact csite-015
The Trust Lands memo says the parcel is zoned Mining and Grazing (M&G), where large industrial projects are a conditional use, and that the county conditional use permit (CUP) process is public, 'requiring the publishing of notice, a public hearing' and acceptance of public comments. Utah Code 17-79-506 (effective 6 November 2025) says a county land use authority 'shall approve a conditional use' if reasonable conditions can mitigate its reasonably anticipated detrimental effects (mitigation need not eliminate them), and may deny it only if they cannot be substantially mitigated. Utah's Office of the Property Rights Ombudsman states that state law does not require a public hearing on a CUP and that local ordinances decide. Carbon County's own development code, which would settle whether Carbon requires a hearing, sits on carbon.utah.gov, which bars our reader, so the memo's statement about Carbon's process could not be checked (see sources_not_read).
- 09.17.2026 TLA Board Packet (Item 10A: SULA 2095-OBA Board of Trustees Memorandum, Carbon County letter, lease map) (Utah Trust Lands Administration (Utah Public Notice Website), 2026-09-17) primary government “The CUP process is a public process requiring the publishing of notice”
- Utah Code 17-79-506: Conditional uses (effective 11/6/2025) (Utah State Legislature, 2025-11-06) primary government “A land use authority shall approve a conditional use if reasonable conditions are proposed”
- OPRO Conditional Uses (Utah Department of Commerce, Office of the Property Rights Ombudsman, 2026-04-10) primary government “State law does not require a public hearing when considering a conditional use permit decision.”
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