Land‑use attorney warns 2025 state law limits local control over mining

Aug 21, 2026

A land‑use attorney told the Daniel Town Council that a 2025 Utah law limits local discretion to regulate mining of sand, gravel and rock unless the locality finds a threat to public health or safety, a factor the council may need to consider alongside the moratorium.

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At the Aug. 21 special meeting, land‑use attorney Nate Mitchell advised the council that state law enacted in 2025 restricts local governments' authority over mining of critical infrastructure materials. "In 2025, the Utah Legislature adopted a provision limiting the discretion of local legislative bodies, such as the Town of Daniel, to regulate the mining of critical infrastructure materials, including sand, gravel, and rock, unless there is a finding that the activity poses a threat to public health or safety," Mitchell said.

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