49-471.10. Invalidity of rules or ordinances; prohibited agency action
A. Unless otherwise provided by law, a rule or ordinance is invalid unless it is adopted in substantial compliance with this article.
B. Only the reasons contained in the concise explanatory statement or the preamble may be used by the county as justification for the making of a rule or ordinance in any proceeding in which its validity is at issue.
C. A control officer shall not base an air quality permitting decision in whole or in part on a requirement or condition that is not specifically authorized by a provision of this state's law. No later than September 1, 2000, each permit shall clearly identify the underlying legal authority for each enforceable provision included in the permit. A general grant of authority in this article does not constitute a basis for imposing a permitting requirement or condition unless a rule or ordinance is adopted pursuant to that general grant of authority that specifically authorizes the requirement or condition.
D. A board of supervisors may adopt a rule or ordinance under a general grant of authority if it does not conflict with a more specific grant of authority.
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