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374 facts · 512 sources · updated 2026-09-30

Fact dir-014

newrecordconfirmed Utah land-use law: no county jurisdiction over state or federal land, and applications vest under the rules in effect
2026-09-29 · dir-014 · Utah Legislature, Carbon County

Utah Code 17-79-306(2) (amended 2026) says that, unless otherwise provided by law, the county land-use chapter does not give a county jurisdiction over real property 'owned by the state or the United States'. Valar's Wellington parcel is state school trust land; the Trust Lands statute (Title 53C) has no zoning provision, yet the Trust Lands memo describes the county conditional use permit as part of the process (csite-015); the executed lease, not yet public, would show whether Valar agreed to seek county approvals. Separately, Utah Code 17-79-803 (the version effective 6 Nov 2025; amended May 2026) entitles an applicant to review under the land-use rules in effect when a complete application is filed, unless the county, before the filing, formally initiated proceedings to amend its rules in a way that would bar it (that protection lapses after 180 days if no enactment results). Carbon County's planners are drafting rules for 'highly contested industries', with a hearing planned for November (csite-013).

In plain termsState law keeps counties out of land the state or federal government owns, unless another law or the lease says otherwise, which is why the lease terms matter. And in Utah, a project is usually judged by the rules on the books the day its complete application is filed; a county that wants new rules to apply has to formally start them first.
verified 2026-09-29: Statute PDFs read with pdftotext 2026-09-29; quotes exact. The 17-79-803 text read is the version superseded 6 May 2026; the current text should be checked before relying on details. Not legal advice.

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