All Roll Calls
Yes: 150 • No: 30
UtahH.B. 5912026 General SessionHouseWALLET
Nuisance Amendments
Sponsored By: Colin W. Jack (Republican)
Signed by Governor
NuisancesJudicial OperationsSunsets and RepealersCivil Litigation
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Bill Overview
Analyzed Economic Effects
18 provisions identified: 9 benefits, 3 costs, 6 mixed.
Tighter rules for public nuisance lawsuits
Private people can sue for a public nuisance only in narrow cases. You must file a verified complaint with details and show the defendant’s conduct directly caused a foreseeable public nuisance. You must also show either the nuisance would not exist but for that conduct, or your abatement costs would drop by at least 25%. You must prove a special injury by clear and convincing evidence. Only compensatory damages for that special injury are allowed, and class actions are not allowed under this section.
Most nuisance lawsuits move to the state
Beginning May 6, 2026, people cannot start new common‑law public or private nuisance lawsuits. Cases that were filed or had already accrued before that date continue. Only the state attorney general can bring common‑law nuisance cases after finding a large, ongoing harm to many Utahns; the governor can direct the attorney general to sue. Government entities can sue only when a person’s conduct directly causes a foreseeable nuisance and either the nuisance would not exist but for that conduct or public abatement costs would drop by at least 25%. Courts can order abatement help, not damages, and agencies may directly abate a public nuisance. A "special injury" must be a different kind of harm than the public’s; spiritual, cultural, emotional harms and response costs do not count. The law also repeals several earlier nuisance statutes.
Stronger tools against smoke and unsafe buildings
If your property is harmed, you can sue for private nuisance. Courts can order repairs, security, or eviction to stop the nuisance and award damages, costs, and reasonable attorney fees to the winner. If someone ignores a court order, they commit a class B misdemeanor and owe $50 for each day of violation. Courts may use any lawful evidence, including reputation, and do not require proof of personal drug possession when fumes drift into a rented unit. Starting May 6, 2026, you can sue the person who creates tobacco smoke or illegal drug fumes; a renter can be liable if they allow it in violation of the lease. A landlord is liable only after written notice and if the landlord knowingly lets it continue in violation of promised terms. It is a defense to a drug‑nuisance claim if the person proves lawful possession or use.
More nighttime highway and rail work
State highway projects on roads posted 55 mph or higher and commuter rail projects are exempt from local noise rules. Other state road or transit projects can work at night if the agency gives 48 hours’ written notice to front-row homes, finds a net community benefit, and uses best noise controls. The agency must coordinate with local governments. Cities may issue nighttime permits limited to listed activities.
Limits on nuisance suits against factories
Beginning May 6, 2026, a manufacturing facility that has operated more than three years and was not a nuisance when it started is protected from private nuisance suits based on later land‑use changes. This defense does not apply if the facility operates negligently or improperly or increases the nuisance condition. On the same date, local ordinances that label such long‑running operations a private nuisance under these circumstances are void.
Limits on local home and pet penalties
Cities and counties can only charge an infraction for most pet or home-use violations. They may bring higher charges only if the violation is a private nuisance that threatens health or safety, or if the same home or pet was fined three times in the past 12 months. This limit does not apply to building or fire code enforcement under Title 15A. For an ongoing issue, they can issue no more than one infraction every 14 days.
Carbon storage not a nuisance if safe
Carbon dioxide that is injected and stored in a proper reservoir is not “pollution” and not a nuisance. Storage must meet escape‑rate limits (the lower of 1% or an EPA standard), avoid substances that compromise the reservoir, and include a plan to keep the reservoir sound. The board can use Utah Geological Survey and environmental agency findings and enforces these rules.
Fewer activities count as criminal nuisances
The law narrows what counts as a criminal public nuisance. Normal farm work, certain critical‑materials and manufacturing activities, migratory‑bird area activities, and compliant shooting‑range noise are not criminal nuisances when done under sound practices and do not substantially and adversely harm public health or safety.
Protections in migratory bird areas
Beginning May 6, 2026, activities normally tied to a migratory bird production area are not public or private nuisances if they follow federal and state law. Counties must exclude these normal activities—like hunting, habitat work, planting, grazing, and related odors—from public‑nuisance rules. New subdivision plats within 1,000 feet of such an area must include a buyer notice.
Shooting ranges shielded from noise claims
Beginning May 6, 2026, noise from an established shooting range is not a nuisance if the range pre‑dates noise rules or follows the noise rules in place when it opened and does not substantially and adversely harm public health or safety. Noise from a range run under nationally recognized standards is not a nuisance. For new subdivisions within 1,000 feet of an established range, the plat must include a “Shooting Range Area” notice for buyers.
More public access to shooting ranges
Publicly funded ranges must be available for group use when not needed by the owner or operator. Outdoor ranges must be open on weekends and holidays when free, and groups must follow national safety standards. Groups must provide a certified official or pay if the operator provides one, and show insurance or signed waivers. Fees for nonmilitary ranges cannot exceed similar Department of Natural Resources fees; state‑run fees go to upkeep. Indoor ranges must take reservations at least twice a week after 4 p.m. on work or school days and between 8 a.m. and 10 p.m. on weekends. Some public and institutional ranges are exempt, and if ventilation does not meet OSHA exposure‑duration standards, only air guns are allowed.
County recorder checks subdivision notices
The county recorder must, from time to time, ensure subdivisions near a protection area follow the law on notice and development. This improves oversight and helps buyers and developers get proper information.
Broader legal shields for farms
Beginning May 6, 2026, many private nuisance suits against farms are barred if the farm runs in the normal course or follows sound practices. A farm that follows federal, state, and local laws is presumed to use sound practices. Suits are also barred if the plaintiff does not legally possess the affected land, the land is more than 0.5 miles away, or the case is filed more than one year after the farm was established or fundamentally changed. Activities inside an agriculture protection area that follow the law and sound practices are immune from public or private nuisance suits. In agricultural nuisance cases, courts must award costs and reasonable attorney fees when a frivolous or malicious claim or defense is proven.
Protections for mines and critical materials
Beginning January 1, 2026, the law defines a "mining protection area" to include land a mine operator with a vested mining use owns or controls on that date. Local governments must exclude normal farm, industrial, and critical‑infrastructure‑materials work inside protection areas from public‑nuisance rules unless directly tied to public health or safety. Vested mining uses that follow federal and state law are presumed reasonable and cannot be declared a nuisance or become one just because nearby land uses change. Starting May 6, 2026, critical‑infrastructure‑materials operations done in the normal course and with sound practices are shielded from private nuisance suits; following laws and zoning creates a presumption of sound practices.
Ban on abandoned horses running loose
It is illegal to let an abandoned horse run at large on the open range. Each abandoned horse is a public menace and can be condemned. The owner still has a right to try to reclaim the animal under the law’s procedures.
More officers can cite for safety threats
Fire and animal control officers can issue misdemeanor citations when a violation threatens animal or public health and safety. Counties may also allow law enforcement to issue these citations under the same limit. If a county ordinance allows penalties that could include jail, the ordinance must state the county will provide indigent defense under Section 78B-22-301.
Rules to remove and reclaim abandoned horses
The law defines an abandoned horse and includes animals running at large on open range. Counties must give public notice at least 30 days before a drive, publish notice once a week for three weeks, and post in required public places. Owners can file a description within 30 days after the first notice; if the county captures the animals, it must send a registered letter and the owner has 10 days from mailing to reclaim. To reclaim, the owner must pay care costs from the capture date. The county can sell captured animals and, if animals are killed by order and ownership and taxes are proven, pay up to $10 per animal from sale proceeds. A county may also remove abandoned horses from private land at the landowner’s request.
Waivers block tobacco smoke nuisance claims
Beginning May 6, 2026, you cannot bring a tobacco-smoke nuisance claim if your rental, lease, covenant, or purchase agreement says smoking is allowed in other units, warns that smoke may drift in, and you sign acknowledging this and waiving the claim. This gives landlords and sellers a way to use written waivers, and it limits legal options for renters or buyers who sign.
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Sponsors & Cosponsors
Sponsor
Colin W. Jack
Republican • House
Cosponsors
Brady Brammer
Republican • Senate
Roll Call Votes
Senate vote • 3/6/2026
Senate/ floor amendment
Yes: 0 • No: 0
House vote • 3/6/2026
House/ concurs with Senate amendment
Yes: 47 • No: 14
Senate vote • 3/6/2026
Senate/ passed 2nd & 3rd readings/ suspension
Yes: 21 • No: 6
Senate vote • 3/6/2026
Senate/ substituted
Yes: 0 • No: 0
House vote • 3/4/2026
Senate Comm - Favorable Recommendation
Yes: 7 • No: 0
House vote • 3/4/2026
Senate Comm - Substitute Recommendation
Yes: 6 • No: 0
House vote • 2/27/2026
House/ passed 3rd reading
Yes: 60 • No: 9
House vote • 2/25/2026
House Comm - Favorable Recommendation
Yes: 9 • No: 1
Actions Timeline
Governor Signed
3/25/2026House/ to Governor
3/17/2026HouseHouse/ received enrolled bill from Printing
3/17/2026HouseHouse/ enrolled bill to Printing
3/12/2026HouseEnrolled Bill Returned to House or Senate
3/12/2026Draft of Enrolled Bill Prepared
3/11/2026Bill Received from House for Enrolling
3/11/2026House/ signed by Speaker/ sent for enrolling
3/11/2026HouseHouse/ received from Senate
3/11/2026HouseSenate/ to House
3/10/2026SenateSenate/ signed by President/ returned to House
3/10/2026SenateSenate/ received from House
3/10/2026SenateHouse/ to Senate
3/6/2026HouseHouse/ concurs with Senate amendment
3/6/2026HouseHouse/ placed on Concurrence Calendar
3/6/2026HouseHouse/ received from Senate
3/6/2026HouseSenate/ to House with amendments
3/6/2026SenateSenate/ passed 2nd & 3rd readings/ suspension
3/6/2026SenateSenate/ floor amendment
3/6/2026SenateSenate/ substituted
3/6/2026SenateSenate/ 2nd & 3rd readings/ suspension
3/6/2026SenateSenate/ Rules to 2nd Reading Calendar
3/6/2026SenateSenate/ 2nd Reading Calendar to Rules
3/4/2026SenateSenate/ placed on 2nd Reading Calendar
3/4/2026SenateSenate/ comm rpt/ substituted
3/4/2026Senate
Bill Text
Enrolled
3/12/2026
Amended 3/6/2026 23:03:447
3/6/2026
Substitute #3
3/5/2026
Substitute #2
3/4/2026
Substitute #1
3/3/2026
Introduced
2/20/2026
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