Exercise of Police Powers; Licenses and Permits; Propane Regulations.

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Section 37-18-3

Exercise of police powers; licenses and permits; propane regulations.

Nothing in this chapter shall be construed as affecting a governmental entity's authority to do the following:

(1) Exercise existing police powers to review and approve an application before issuing building permits or to otherwise enforce building, fire, and other public safety codes or subdivision regulations. Provided, however, no governmental entity may deny a building permit or subdivision regulation application based solely on the type of utility service proposed for the project.

(2) License or permit a provider of a utility service, or regulate the use of rights-of-way by a provider of a utility service, in accordance with existing law. Provided, however, no governmental entity may deny a license or permit based solely on the type of utility service provided by the provider.

(3) Regulate the permitting, safe handling, storage, or use of propane gas.

(Act 2021-336, §3.)


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