Updated 3/5/25
As initially written, HB 355 would have dramatically increased the likelihood of the proposed gravel pit in Parley’s Canyon. After two substitutions, the definition of a “vested critical infrastructure material use” has been altered to the point where that is unlikely – watch the House Floor Debate to hear the sponsor’s statements on the matter. Along with other groups opposed to the proposed gravel pit in Parley’s Canyon, Save Our Canyons members sent over 10,000 messages to elected officials asking them to oppose or substitute this bill. This public input was incredibly successful, contributing to the bill’s substitution and allowing us to disable our action alert.
Though there are still concerning loopholes opened up by this bill that could impact Parley’s Canyon, the official position of Salt Lake County is that direct impacts to the proposed gravel pit are now unlikely. This bill does however, raise major concerns around the rights of cities and counties to determine where and how they source aggregates for developments. We understand that as Utah grows, more aggregate will be needed. We support informed decision-making by local authorities to determine the best places to source aggregate with community input. As it stands, we disagree with the overall intention of the bill because it overrides local authority, but we appreciate the sponsor’s efforts to work with Salt Lake County to find common ground.
Primary Concerns:
- This bill would permit gravel pit operators to expand operations to every square inch of land they own or purchase before 1/1/2026, as long as they get proper permits from the Utah Department of Environmental Quality.
- In many instances, this could override local land-use authority, such as Salt Lake County’s 2022 ban on mines in the Foothills and Canyons.
- This bill would shift the burden of proof from the mine operator to the public. If a gravel pit use is either not “vested” or would be harmful to a local community, it would be up to that community to expend resources proving that.
- Unfettered expansion of existing gravel pits caused by this bill would undoubtedly impact local water resources, air quality, property values, recreation economy, and neighboring wilderness areas.
We believe that the communities that see both the benefits and impacts of expanded gravel mines should have the authority to determine where those gravel mines are placed.
Our message on the original bill before substitution
The Wasatch Mountains desperately need your help this Legislative Session. H.B. 355 Critical Infrastructure Materials Amendments would impact Salt Lake County’s ability to enforce its ban on new mines in the Wasatch Mountains, effectively green-lighting the proposed mine in Parley’s Canyon. Thanks to your advocacy during the last two legislative sessions, bad mining bills like this one were staved off, and only with your help can that happen again.
Send a message to oppose H.B. 355. Critical Infrastructure Materials (CIM) is a fancy term for sand, gravel, and rock aggregate; a slew of bills over the last few years have sought to streamline CIM operations despite immense local opposition. CIM operations in places like Parley’s Canyon, which is subject to intense downslope wind events, can have drastic impacts on air quality, water resources, property values, and the viewshed.
The good news? Thanks to your support last year, a bill that intended to bypass local authority and permit more CIM mining without public input was downgraded to a CIM study. That study returned some powerful findings, including the recommendation that “land-use designations, rezoning, and permit decisions should remain with local officials where the benefits and impacts of quarries are most realized.”
We encourage our elected leaders to act on the recommendations provided by the report, and we are asking for your help to prevent H.B. 355 from advancing through the legislative process.
Our message template is a helpful starting point, but we encourage you to add thoughtful insight on how this bill would impact you directly. Remember to keep comments actionable and solution-oriented, avoiding harsh or insulting language.
What H.B. 355 would do:
Undermines Local Decision-Making – A recently completed study of gravel supply and demand in Utah recommended that “land-use designations, rezoning, and permit decisions should remain with local officials where the benefits and impacts of quarries are most realized.” H.B. 355 would directly ignore this recommendation by allowing CIM operations to expand without input from local land-use authorities or impacted communities.
Shifts Burden of Proof to the Public – To prevent CIM operations from expanding in your community, you would need to provide “clear and convincing evidence” that the expansion is either not “vested” or would “imminently endanger public health, safety, and welfare.” This creates an insurmountable burden of proof for local communities who seek to challenge these projects, especially for those concerned about impacts of gravel mines on their health and property values.
Override Salt Lake County’s Authority – H.B. 355 would pave the way for gravel mine expansion despite local bans on new mining, such as Salt Lake County’s 2022 zoning ordinance that prohibits new mines in the Wasatch Foothills to protect air quality, water quality, and property values. This would likely open up loopholes that could pave the way for the proposed mine in Parley’s Canyon.
Jeopardize Salt Lake County’s Air Quality – According to the EPA, Salt Lake County is already a “nonattainment area” for PM 2.5 Dust. With the increasing frequency of downslope wind events, which funnel wind through Parley’s Canyon at over 60mph, the proposed mine would become another significant pollution source in an area that already struggles with poor air quality.
Sets a Dangerous Precedent for the Entire State – This bill not only affects Parley’s Canyon, but would limit local communities across Utah from preventing gravel mine expansion in their respective areas.
Message to elected officials on the original bill
I’m writing to ask you to oppose H.B. 355 Mining and Critical Infrastructure Materials Amendments.
While I support statewide efforts to ensure cost-efficient access to aggregates that will help prepare for the future, I do not support this bill because it overrides local land-use authority, threatening air quality, water resources, and property values in my community.
Last year, H.B. 502 directed the Division of Oil, Gas, and Mining to conduct a Critical Infrastructure Materials Study, which recommended that “land-use designations, rezoning, and permit decisions should remain with local officials”. H.B. 355 completely ignores this recommendation by allowing vested CIM operations to expand without any input from local land-use authorities, even if a ban prohibiting mining on new land is in place.
H.B. 355 would shift the burden of proof away from mining operators and onto the public, creating additional hurdles for local governments and residents to provide evidence that the operations were either not “vested” (line 73) or would “endanger public health, safety, and welfare” (line 147). This shift sets the stage for out-of-state companies to ask for forgiveness, rather than permission, leaving the impacts for Utahns to deal with.
Lastly, DOGM’s Critical Infrastructure Materials Study stated that “compliance with and enforcement of air quality regulations is considered to be deficient by many localities, but the Air Quality Division does not have the resources to increase monitoring and enforcement activity”. Passage of this bill would bypass local authority and permit additional mining without providing additional resources to mitigate air quality concerns.
I support long-term planning around our aggregate needs, but it shouldn’t come at the expense of local governance. Rather than implementing mandates, long-term planning for aggregate needs should provide support for local jurisdictions to make informed planning decisions that impact property values, building costs, environmental protections, and public health.
Please vote NO on H.B. 355 Mining and Critical Infrastructure and Materials Amendments.
Our comment on substitute 1
Click here to watch former Executive Director, Spencer Shaver, speak to the House Natural Resources Committee on the first substitute of House Bill 355
