Applicability — Requirement of Local Approval

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  1. Sections 68-211-701 — 68-211-704 and 68-211-705 [repealed] and this section shall only apply in any county or municipality in which it is approved by a two-thirds (2/3) vote of the appropriate legislative body. Sections 68-211-701 — 68-211-704 and 68-211-705 [repealed] and this section are for local review and approval and shall be conducted prior to issuance of a permit by the department of environment and conservation or the commissioner.
  2. In any county or municipality in which §§ 68-211-701 — 68-211-704 and this section have been approved by a two-thirds (2/3) vote of the appropriate legislative body prior to May 13, 2013, § 68-211-701(b) shall only apply if it is approved by a two-thirds (2/3) vote of the appropriate legislative body.
  3. Any county or municipality which has approved this part by a two-thirds (2/3) vote of the appropriate legislative body pursuant to subsection (a) shall have the authority to later reject this part by a two-thirds (2/3) vote of the appropriate legislative body. If the appropriate legislative body votes by two-thirds (2/3) to reject this part after having previously voted to approve this part, then this part shall no longer apply to such county or municipality.


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