Section 302 – Limitations on local regulations.

• (1)
  • (a) A county within which a migratory bird production area is located shall encourage the continuity, development, and viability of the migratory bird production area.
  • (b) Except as otherwise specifically provided in this chapter, the purposes, uses, and activities of a migratory bird production area described in this chapter are afforded the highest priority of use status.
  • (c) A structure, improvement, or activity historically or customarily used in conjunction with a migratory bird production area is considered a permitted use under the county’s zoning law, ordinance, or regulation.

• (2) A county within which a migratory bird production area is located may not:
  • (a) enact a law, ordinance, or regulation that unreasonably restricts an activity normally associated with the migratory bird production area;
  • (b) change the zoning designation of, or a zoning regulation applying to land within a migratory bird production area unless the county receives written approval for the change from all the landowners within the migratory bird production area; or
  • (c) enact a law, ordinance, or regulation concerning the use, operation, or discharge of a firearm on a migratory bird production area.

• (3) For purposes of Subsection (2)(a), a law, ordinance, or regulation is unreasonable if it restricts or impairs the purposes, uses, and activities historically or customarily associated with a migratory bird production area.

Amended by Chapter 41, 2021 General Session