Full text of Utah Utah Code § 41a-406 — Local control., with citation guidance and answers to common questions.
§ 41a-406. Local control.
Effective 11/6/2025 4-41a-406.
Local control.
(1)
As used in this section:
(a)
"Cannabis production establishment" means the same as that term is defined in Section 4-41a-102 and includes a closed-door medical cannabis pharmacy.
(b)
"Land use application" means the same as that term is defined in Sections 10-20-102 and 17-79-102.
(c)
"Land use decision" means the same as that term is defined in Sections 10-20-102 and 17-79-102.
(d)
"Land use permit" means the same as that term is defined in Sections 10-20-102 and 17-79-102.
(e)
"Land use regulation" means the same as that term is defined in Sections 10-20-102 and 17-79-102.
(2)
(a)
If a municipality's or county's zoning ordinances provide for an industrial zone, the operation of a cannabis production establishment shall be a permitted industrial use in any industrial zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one industrial zone in which the operation of a cannabis production establishment is a permitted use.
(b)
If a municipality's or county's zoning ordinances provide for an agricultural zone, the operation of a cannabis production establishment shall be a permitted agricultural use in any agricultural zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one agricultural zone in which the operation of a cannabis production establishment is a permitted use.
(c)
The operation of a cannabis production establishment shall be a permitted use on land that the municipality or county has not zoned.
(3)
A municipality or county may not:
(a)
on the sole basis that the applicant, or cannabis production establishment violates federal law regarding the legal status of cannabis, deny or revoke:
(i)
a land use permit to operate a cannabis production facility; or
(ii)
a business license to operate a cannabis production facility; or
(b)
require a certain distance between a cannabis production establishment and:
(i)
another cannabis production establishment;
(ii)
a medical cannabis pharmacy;
(iii)
a retail tobacco specialty business, as that term is defined in Section 26B-7-501; or
(iv)
an outlet, as that term is defined in Section 32B-1-202.
(4)
(a)
Subject to the provisions of this section, when evaluating and approving a land use application for a cannabis production establishment:
(i)
a municipality shall comply with Section 10-20-902; and
An applicant for a land use permit to operate a cannabis production establishment shall comply with the land use requirements and application process described in:
(i)
Title 10, Chapter 20, Municipal Land Use, Development, and Management Act; and
(ii)
Title 17, Chapter 79, County Land Use, Development, and Management Act.
Section 41a-406 ("Local control.") 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 § 41a-406?
A common citation format is "Utah Code § 41a-406" (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 § 41a-406 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.
