HB 591: Nuisance Amendments - Utah

Substitute #2 → Substitute #3 · 6 edits

MODERATE

This bill significantly updates Utah's nuisance laws by clarifying who can sue for public and private nuisances, adding a reporting requirement for the Attorney General, and adjusting sunset dates for certain legal provisions. It also renumbers many existing statutes to organize them under new chapter titles.

Scope change

The bill expands the scope of public nuisance actions by allowing private parties to sue if they suffer a 'special injury' different from the general public, while maintaining the Attorney General's exclusive right to sue for general public nuisances. It also adds a sunset provision requiring the Attorney General to report on their use of this power.

REQUIREMENT

Added a requirement for the Attorney General to report to the Judiciary Interim Committee every four years regarding their exercise of the common law right of action for public or private nuisance, with a sunset date of October 1, 2029.

DEFINITION

Modified the definition of 'public nuisance' to explicitly exclude certain activities like agricultural operations, critical infrastructure materials operations, and shooting ranges that comply with regulations.

Added specific definitions for 'agricultural operation,' 'critical infrastructure materials operations,' and 'manufacturing facility' to clarify protections against nuisance claims.

TIMELINE

Changed the sunset date for the Attorney General's common law right of action from January 1, 2035 to October 1, 2029, and added a reporting requirement before that date.

ENFORCEMENT

Modified the right of action for private parties to sue for public nuisance to require proof of 'special injury' that is different in kind from the general public's injury.

TECHNICAL

Renumbered and reorganized numerous statutes from Title 47 and Title 78B into new sections under Title 78B Chapter 6a, Civil Actions for Nuisances.

Substitute #1 → Substitute #2 · 5 edits

MODERATE

The bill updates the definitions of nuisance to include specific activities like drug fumes, tobacco smoke, and unsafe buildings, while clarifying that legal products and firearm sales are not nuisances. It expands the ability for the Governor to direct nuisance actions and adds defenses for shooting ranges and migratory bird areas. The changes aim to streamline how nuisance cases are handled, ensure specific harmful conditions are addressed, and protect certain lawful activities from being classified as nuisances.

Scope change

The scope expanded to explicitly include tobacco smoke and drug fumes as nuisances, while adding exemptions for legal products, firearm sales, shooting ranges, and migratory bird production areas.

DEFINITION

Added 'tobacco nuisance' and 'drug nuisance' as specific types of private nuisance, and clarified that 'legal product' sales are not considered a public nuisance.

Created new defenses for nuisance actions against operators of shooting ranges and migratory bird production areas.

ENFORCEMENT

Added a provision allowing the Governor to direct the Attorney General to bring nuisance actions on behalf of the state.

REQUIREMENT

Updated the definition of 'private nuisance' to explicitly list unsafe buildings, party houses, and the discharge of firearms as included conditions.

TIMELINE

Changed the effective date of the bill from March 3, 2026, to May 6, 2026.

Amended 3/6/2026 23:03:447 → Substitute #1 · 6 edits

MODERATE

This bill updates the Utah nuisance laws to clarify definitions, create specific rights of action for public and private nuisances, and establish defenses for agricultural operations and manufacturing facilities. It also introduces a sunset provision for the Attorney General's ability to bring common law nuisance suits and adds a new sunset date for certain Title 78B provisions.

Scope change

The bill expands the scope by creating new statutory causes of action for public and private nuisances while simultaneously abrogating common law rights, and it adds specific exemptions for agricultural operations, manufacturing facilities, and shooting ranges.

DEFINITION

Updated definitions for 'agricultural operation' and 'manufacturing facility' to align with current statutes, and clarified what constitutes a 'public nuisance' versus a 'private nuisance'.

Added specific defenses for manufacturing facilities and critical infrastructure materials operations that have been in operation for over three years or conducted in accordance with sound practices.

REQUIREMENT

Added a requirement for the Attorney General to report to the Judiciary Interim Committee every four years regarding the use of common law nuisance actions, with a sunset date of January 1, 2035.

ENFORCEMENT

Established specific civil penalties ($50 per day) for knowingly violating court orders to abate nuisances and defined procedures for 'abatement by eviction' for unsafe buildings.

ELIGIBILITY

Created new eligibility criteria for private parties to sue for public nuisances based on 'special injury' and modified rules for tobacco and drug nuisance claims in rental units.

TIMELINE

Added a new repeal date of July 1, 2029, for specific sections of Title 78B related to arbitration and employer liability.

Amended Excerpts 3/6/2026 23:03:447 → Amended 3/6/2026 23:03:447 · 8 edits

MODERATE

This bill fundamentally restructures Utah's nuisance laws by abolishing the common law right for private citizens to sue for public or private nuisances, reserving that power primarily for the Attorney General. It creates a new Title 78B Chapter 6a to define specific nuisance types (such as drug houses, tobacco smoke, and unsafe buildings) and establishes strict defenses for agricultural operations, shooting ranges, and critical infrastructure materials. The changes significantly limit private litigation while providing clearer pathways for government enforcement and protecting specific industries from nuisance claims.

Scope change

The bill shifts the scope of nuisance enforcement from a broad common law system accessible to private citizens to a more limited statutory framework where the Attorney General holds primary authority for public nuisance actions, except for specific private rights regarding unsafe buildings and certain private nuisances.

ELIGIBILITY

Removed the common law right for private individuals to file civil lawsuits for public or private nuisances, except for specific statutory exceptions.

REQUIREMENT

Added a requirement for the Attorney General to report to the Judiciary Interim Committee every four years regarding the exercise of the new public nuisance authority.

Added new requirements for tobacco and drug nuisance cases, including specific conditions under which landlords can be held liable for nuisance caused by tenants.

DEFINITION

Replaced old nuisance definitions with new statutory definitions in Title 78B Chapter 6a that explicitly list protected activities like farming, shooting ranges, and mining.

Modified the definition of 'public nuisance' to exclude lawful agricultural operations, critical infrastructure materials operations, and shooting ranges operated under recognized standards.

ENFORCEMENT

Added specific statutory rights for private citizens to seek 'abatement by eviction' for unsafe buildings and drug houses, replacing the previous common law approach.

Added new civil penalties of $50 per day for knowingly violating court orders to abate a nuisance.

TIMELINE

Modified the effective date for the abrogation of common law nuisance rights to May 6, 2026, preserving existing rights for cases pending before that date.

Enrolled → Amended Excerpts 3/6/2026 23:03:447 · 3 edits

MINOR

The Senate amended the bill to clarify the Attorney General's authority to sue for public nuisances and to explicitly state that the bill does not abrogate common law rights for cases that were already pending or accrued before the effective date. These changes ensure that the Attorney General can still pursue significant ongoing harms to the public even after the bill restricts private lawsuits, while protecting individuals who already had active legal cases from losing their rights.

Scope change

The bill's scope regarding the Attorney General's power to sue was expanded to include cases based on substantial ongoing harm to citizens, and the scope of the abrogation of private rights was narrowed to exclude cases that existed before the law took effect.

ELIGIBILITY

Added a specific condition allowing the Attorney General to bring a common law nuisance action if they determine there is a 'substantial ongoing harm to a significant number of the citizens of Utah.'

TIMELINE

Clarified that the abrogation of common law civil rights does not apply to nuisance actions that accrued or were already pending in court before May 6, 2026.

DEFINITION

Adjusted the introductory language of the section to explicitly reference 'Notwithstanding Subsection (1)' when granting the Attorney General the right to sue.

Introduced → Enrolled · 7 edits · Mar 25, 2026

MODERATE

This bill updates Utah's nuisance laws to clarify definitions, create new civil rights of action for public nuisances, and establish specific exceptions for agricultural operations, mining, and shooting ranges. It also adds a reporting requirement for the Attorney General regarding public nuisance lawsuits and adjusts penalties for violating nuisance abatement orders.

Scope change

The bill expands the scope of civil actions for public nuisances by allowing private parties to sue if they suffer 'special injury' and creates a specific exception allowing the Attorney General to bring common law nuisance cases on behalf of the state, which was not explicitly detailed in the previous version.

REQUIREMENT

Added a mandatory reporting requirement for the Attorney General to the Judiciary Interim Committee regarding the exercise of the new common law right of action for public nuisance.

Updated the definition of 'private nuisance' to include specific criminal activities like gambling, gang-related crimes, and prostitution.

DEFINITION

Updated definitions for 'agricultural operation' and 'manufacturing facility' to include specific commercial activities and property types.

Refined the definition of 'public nuisance' to explicitly exclude certain lawful activities and clarified what constitutes 'unlawful interference'.

ELIGIBILITY

Created a new right of action for private parties to sue for public nuisance if they can prove they suffered a 'special injury' distinct from the general public.

ENFORCEMENT

Amended penalties for violating nuisance abatement orders to include a civil penalty of $50 per day in addition to criminal misdemeanor charges.

SCOPE

Added an exception allowing the Attorney General to bring common law nuisance actions on behalf of the state if a substantial ongoing harm exists, with a future review mechanism.

Nuisance Amendments

What changed between versions

How they voted

Actions timeline

Sponsors