17-79-609. Refineries.
(1) As used in this section, "develop" or "development" means: the construction, alteration, or improvement of land, including any related moving, demolition, or excavation outside of a refinery property boundary; the subdivision of land for a non-industrial use; or the construction of a non-industrial structure on a parcel that is not subject to the subdivision process.
(2) Before a legislative body may adopt a non-industrial zoning change to permit development within 500 feet of a refinery boundary, the legislative body shall consult with the refinery to determine whether the proposed change is compatible with the refinery.
(3) Before a land use authority may approve an application to develop within 500 feet of a refinery boundary, the land use authority shall consult with the refinery to determine whether the development is compatible with the refinery.
(4) A legislative body described in Subsection, or a land use authority described in Subsection, may not request from the refinery: (2) (3) proprietary information; information, if made public, that would create a security or safety risk to the refinery or the public; information that is restricted from public disclosure under federal or state law; or information that is available in public record.
(5) This section does not grant authority to a legislative body described in Subsection, or a land use authority described in Subsection, to require a refinery to undertake or cease an action. (2) (3) This section does not create a cause of action against a refinery. Except as expressly provided in this section, this section does not alter or remove any legal right or obligation of a refinery.