{"data":{"id":"us-ut/utah-code-78b-6a-402","jurisdiction":"us-ut","citation":"Utah Code § 78B-6a-402","heading":"Defense in private nuisance action for manufacturing facility in operation over three years.","body":"(1)\n(a) A person or government entity does not have a right of action for a private nuisance under this chapter for any changed circumstance in land uses near a manufacturing facility if:\n(i) the manufacturing facility has been in operation for more than three years; and\n(ii) the manufacturing facility was not a private nuisance at the time the manufacturing facility began operation.\n(b) The manufacturing facility may not increase the condition asserted to be a private nuisance.\n(c) The provisions of this Subsection (1) do not apply if a private nuisance results from the negligent or improper operation of a manufacturing facility.\n(2) Nothing in this section affects the right of a person in an action other than an action for a private or public nuisance to recover damages for injuries or damage sustained as a result of the pollution or change in the conditions of the waters of a stream or overflow of the lands of any person.\n(3)\n(a) Any and all ordinances adopted by any county or municipal corporation in which a manufacturing facility is located that makes the manufacturing facility's operation a private nuisance or providing for an abatement as a private nuisance in the circumstances set forth in this section are null and void.\n(b) The provisions of this Subsection (3) may not apply whenever a private nuisance results from the negligent or improper operation of a manufacturing facility.\n(4) This section does not apply to an action under Part 2, Public Nuisance.","path":["Title 78B Judicial Code","Chapter 78B-6a Civil Actions For Nuisances","Part 78B-6a-4 Defenses To Nuisance Actions"],"source_url":"https://le.utah.gov/xcode/Title78B/Chapter6a/78B-6a-S402.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"49cf4c126e2ebd9375f54dee09c59cdbdf94d45f129c0dec70c37e30e71c545f","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-78b-6a-401","next":"us-ut/utah-code-78b-6a-403"},"notice":"GroundRules: Original legal text. Not legal advice."}