Overview
Critical infrastructure materials play a vital role in supporting Utah’s continued growth and development. Materials such as sand, gravel, and rock aggregate are essential for constructing and maintaining roads, bridges, utilities, schools, homes, and other public infrastructure. These resources are finite and can be located near areas experiencing rapid growth, so balancing resource extraction with surrounding land uses can present unique planning challenges.
Recognizing the importance of these materials, the State Legislature has adopted statutory provisions (H.B. 288 in 2019 and H.B. 355 in 2025) that protect certain existing critical infrastructure materials uses while establishing limits on local regulation in specific circumstances. For municipalities, these provisions are found in §10-20-7 of Utah State Code (as amended), with parallel provisions for counties in §17-81-7.
Among other things, these statutes:
- Establish protections for vested critical infrastructure materials uses;
- Authorize the creation of critical infrastructure materials protection areas; and
- Limit the extent to which municipalities and counties may regulate land within those designated protection areas.
For purposes of Utah law, critical infrastructure materials are specifically defined as sand, gravel, and rock aggregate. A critical infrastructure materials use includes the extraction, excavation, processing, or reprocessing of these materials.
Understanding these statutory protections is important for planners, planning commissioners, and elected officials because land use decisions involving aggregate operations often require balancing community growth, compatibility with surrounding development, property rights, and the long-term availability of materials needed to support public infrastructure.
Content Contributors: Jones and DeMille Engineering, Inc, Hansen Planning Group, LLC / Rural Community Consultants
Special Note: This material was developed by civiclinQ for the Land Use Academy of Utah (LUAU). Funding for the development of this material was provided by through the Land Use Training Fund, which is administered by the Office of the Property Rights Ombudsman , utilizing a portion of the 1% surcharge on all building permits in the State of Utah.
The role of this organization in administering funding is primarily administrative and should not be viewed as legal advice. Always consult your legal representative when addressing land use activities.
Use the ‘Materials’ tab above to view related course materials, including printable pass-along card and PDF version of this online course.
