40-11-2. Preemption.
(1) Regulation of geologic carbon storage is of statewide concern and the state regulation of geologic carbon storage activity occupies the whole field of geologic carbon storage subject to:
(a) the granting of primacy over Class VI geologic sequestration wells; and
(b) relevant federal law.
(2) The legislative body of a political subdivision may enact, amend, or enforce a local ordinance, resolution, or rule consistent with the political subdivision's general land use authority that:
(a) regulates only surface activity that is incidental to geologic carbon storage activity;
(b) does not effectively or unduly limit, ban, or prohibit geologic carbon storage activity; and
(c) is not otherwise preempted by state or federal law.