17-81-303. Limits on political subdivisions with respect to a vested mining use -- Exception.
(1) A political subdivision may not: terminate a vested mining use, whether by amortization, the exercise of police power, or otherwise; prohibit, restrict, or otherwise limit a mine operator with a vested mining use from exercising the rights permitted under this chapter; require, for a vested mining use: a variance; a conditional use permit; a special exception; the establishment or determination of a nonconforming use right; or any other type of zoning or land use permit; or prohibit, restrict, limit, or otherwise regulate a vested mining use under a variance, conditional use permit, special exception, or other zoning or land use permit issued before May 12, 2009.
(2) Subsectiondoes not prohibit a political subdivision from requiring a vested mining use to comply with the generally applicable, reasonable health and safety regulations and building code adopted by the political subdivision including a drinking water protection zone as defined and limited to Subsectionsand. (1) 19-4-113(5)(a) (b)