Utah § 40-6-2.5 - Preemption.

Full text of Utah Utah Code § 40-6-2.5 — Preemption., with citation guidance and answers to common questions.

§ 40-6-2.5. Preemption.

Effective 3/26/2018
40-6-2.5.  Preemption.
(1)
(a) As used in this section, "oil and gas activity" means activity associated with the exploration, development, production, processing, and transportation of oil and gas as set forth in Title 40, Chapter 6, Board and Division of Oil, Gas, and Mining, including:
(i) drilling;
(ii) hydraulic fracture stimulation;
(iii) completion, maintenance, reworking, recompletion, disposal, plugging, and abandonment of wells;
(iv) construction activities;
(v) secondary and tertiary recovery techniques;
(vi) remediation activities; and
(vii) any other activity identified by the Board of Oil, Gas, and Mining.
(b) Oil and gas activity does not include any activity or authority directly authorized or granted to a political subdivision by the state.
(2) Subject to relevant federal law, regulation of oil and gas activity is of statewide concern and the state regulation of oil and gas activity occupies the whole field of potential regulation.
(3) The legislative body of a political subdivision may enact, amend, or enforce a local ordinance, resolution, or rule consistent with its general land use authority that:
(a) regulates only surface activity that is incident to an oil and gas activity;
(b) does not effectively or unduly limit, ban, or prohibit an oil and gas activity; and
(c) is not otherwise preempted by state or federal law.


Enacted by Chapter 460, 2018 General Session

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Frequently Asked Questions About Utah § 40-6-2.5

What does Utah Code § 40-6-2.5 cover?

Section 40-6-2.5 ("Preemption.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 40-6-2.5?

A common citation format is "Utah Code § 40-6-2.5" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 40-6-2.5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.