(1) (a) A person adversely affected by an inland port use appeal decision may appeal the inland port use appeal decision to the appeals panel. (b) An appeals panel may not consider an appeal of an inland port use appeal decision to the extent that the appeal involves municipal requirements concerning: (i) the construction of public utilities; (ii) the administration of construction codes defined in Section 15A-1-202; (iii) the permitting and building plan review for a development project, unless the appeal involves a denial of an inland port use application; (iv) the municipality's enforcement of a violation of a municipal code provision, unless the provision is inconsistent with the purposes of this chapter; or (v) fees or fines.

(a) A person adversely affected by an inland port use appeal decision may appeal the inland port use appeal decision to the appeals panel.

(b) An appeals panel may not consider an appeal of an inland port use appeal decision to the extent that the appeal involves municipal requirements concerning: (i) the construction of public utilities; (ii) the administration of construction codes defined in Section 15A-1-202; (iii) the permitting and building plan review for a development project, unless the appeal involves a denial of an inland port use application; (iv) the municipality's enforcement of a violation of a municipal code provision, unless the provision is inconsistent with the purposes of this chapter; or (v) fees or fines.

(i) the construction of public utilities;

(ii) the administration of construction codes defined in Section 15A-1-202;

(iii) the permitting and building plan review for a development project, unless the appeal involves a denial of an inland port use application;

(iv) the municipality's enforcement of a violation of a municipal code provision, unless the provision is inconsistent with the purposes of this chapter; or

(v) fees or fines.

(2) (a) The board may adopt policies and procedures, consistent with the provisions of this part, to govern an appeal before the appeals panel. (b) The policies and procedures adopted under Subsection (2)(a) may: (i) require the record relating to the municipality's denial of the inland port use application and relating to the inland port use appeal decision to be provided to the appeals panel for its review and consideration; and (ii) provide for de novo review by the appeals panel.

(a) The board may adopt policies and procedures, consistent with the provisions of this part, to govern an appeal before the appeals panel.

(b) The policies and procedures adopted under Subsection (2)(a) may: (i) require the record relating to the municipality's denial of the inland port use application and relating to the inland port use appeal decision to be provided to the appeals panel for its review and consideration; and (ii) provide for de novo review by the appeals panel.

(i) require the record relating to the municipality's denial of the inland port use application and relating to the inland port use appeal decision to be provided to the appeals panel for its review and consideration; and

(ii) provide for de novo review by the appeals panel.

(3) An appeals panel may not consider an inland port use appeal decision under this section unless the appeal of the inland port use appeal decision is submitted to the appeals panel in writing within 20 calendar days after the date of the inland port use appeal decision being appealed.

(4) In deciding an appeal of an inland port use appeal decision, an appeals panel shall: (a) hold a public hearing to receive information and hear arguments from the parties; (b) provide prior notice of a hearing under Subsection (4)(a) to the parties to the appeal and the public; (c) respect the due process rights of the parties to the appeal; (d) require the land use applicant, if the land use applicant is the person who submits the appeal, to provide to the appeals panel a brief explanation in writing containing any applicable information concerning: (i) whether the proposed development that is the subject of the inland port use application under consideration on appeal will meet or exceed applicable state and federal regulations; (ii) (A) any potential environmental impact the proposed development will have, including on air quality, surface water, and ground water; and (B) how the land use applicant proposes to mitigate any impacts, including the extent to which the proposed development will apply the best available technology or systems to mitigate any environmental impacts of the development; (iii) the potential impact of the proposed development on abutting property owners or on a migratory bird production area, as defined in Section 23-28-102, and how the land use applicant proposes to mitigate those impacts; (iv) the municipal requirements that the proposed development will be unable to comply with and whether alternative means or an alternative method will produce a comparable result; and (v) how the proposed development implements or furthers the policies and objectives stated in Subsection 11-58-203(1); and (e) consider the information provided under Subsection (4)(d).

(a) hold a public hearing to receive information and hear arguments from the parties;

(b) provide prior notice of a hearing under Subsection (4)(a) to the parties to the appeal and the public;

(c) respect the due process rights of the parties to the appeal;

(d) require the land use applicant, if the land use applicant is the person who submits the appeal, to provide to the appeals panel a brief explanation in writing containing any applicable information concerning: (i) whether the proposed development that is the subject of the inland port use application under consideration on appeal will meet or exceed applicable state and federal regulations; (ii) (A) any potential environmental impact the proposed development will have, including on air quality, surface water, and ground water; and (B) how the land use applicant proposes to mitigate any impacts, including the extent to which the proposed development will apply the best available technology or systems to mitigate any environmental impacts of the development; (iii) the potential impact of the proposed development on abutting property owners or on a migratory bird production area, as defined in Section 23-28-102, and how the land use applicant proposes to mitigate those impacts; (iv) the municipal requirements that the proposed development will be unable to comply with and whether alternative means or an alternative method will produce a comparable result; and (v) how the proposed development implements or furthers the policies and objectives stated in Subsection 11-58-203(1); and

(i) whether the proposed development that is the subject of the inland port use application under consideration on appeal will meet or exceed applicable state and federal regulations;

(ii) (A) any potential environmental impact the proposed development will have, including on air quality, surface water, and ground water; and (B) how the land use applicant proposes to mitigate any impacts, including the extent to which the proposed development will apply the best available technology or systems to mitigate any environmental impacts of the development;

(A) any potential environmental impact the proposed development will have, including on air quality, surface water, and ground water; and

(B) how the land use applicant proposes to mitigate any impacts, including the extent to which the proposed development will apply the best available technology or systems to mitigate any environmental impacts of the development;

(iii) the potential impact of the proposed development on abutting property owners or on a migratory bird production area, as defined in Section 23-28-102, and how the land use applicant proposes to mitigate those impacts;

(iv) the municipal requirements that the proposed development will be unable to comply with and whether alternative means or an alternative method will produce a comparable result; and

(v) how the proposed development implements or furthers the policies and objectives stated in Subsection 11-58-203(1); and

(e) consider the information provided under Subsection (4)(d).

(5) An appeals panel may: (a) affirm the inland port use appeal decision; (b) decide in favor of the person adversely affected by the inland port use appeal decision if the appeals panel determines that the inland port use appeal decision: (i) is clearly contrary to the policies and objectives under Subsection 11-58-203(1); (ii) imposes restrictions or conditions on the proposed development that unreasonably impair or essentially prohibit an inland port use; or (iii) is arbitrary and capricious, or illegal; or (c) (i) stay the appeal for a reasonable period of time to allow the parties to the appeal to resolve the issues on appeal by agreement; and (ii) encourage, facilitate, and mediate an agreement between the parties to resolve the appeal.

(a) affirm the inland port use appeal decision;

(b) decide in favor of the person adversely affected by the inland port use appeal decision if the appeals panel determines that the inland port use appeal decision: (i) is clearly contrary to the policies and objectives under Subsection 11-58-203(1); (ii) imposes restrictions or conditions on the proposed development that unreasonably impair or essentially prohibit an inland port use; or (iii) is arbitrary and capricious, or illegal; or

(i) is clearly contrary to the policies and objectives under Subsection 11-58-203(1);

(ii) imposes restrictions or conditions on the proposed development that unreasonably impair or essentially prohibit an inland port use; or

(iii) is arbitrary and capricious, or illegal; or

(c) (i) stay the appeal for a reasonable period of time to allow the parties to the appeal to resolve the issues on appeal by agreement; and (ii) encourage, facilitate, and mediate an agreement between the parties to resolve the appeal.

(i) stay the appeal for a reasonable period of time to allow the parties to the appeal to resolve the issues on appeal by agreement; and

(ii) encourage, facilitate, and mediate an agreement between the parties to resolve the appeal.

(6) (a) An appeals panel shall decide and publicly issue a written decision on an appeal of a land use decision within: (i) 30 days after the appeal is filed, subject to the period of any stay under Subsection (5)(c); or (ii) a later date that the appeals panel and the parties to the appeal agree to. (b) An appeals panel decision shall include findings and conclusions explaining the appeals panel's decision.

(a) An appeals panel shall decide and publicly issue a written decision on an appeal of a land use decision within: (i) 30 days after the appeal is filed, subject to the period of any stay under Subsection (5)(c); or (ii) a later date that the appeals panel and the parties to the appeal agree to.

(i) 30 days after the appeal is filed, subject to the period of any stay under Subsection (5)(c); or

(ii) a later date that the appeals panel and the parties to the appeal agree to.

(b) An appeals panel decision shall include findings and conclusions explaining the appeals panel's decision.

(7) (a) A person who is adversely affected by an appeals panel decision may seek judicial review of the decision in district court by filing a petition with the court within 30 days after the appeals panel decision. (b) The court shall uphold the appeals panel decision unless the court determines that the decision is: (i) arbitrary and capricious; or (ii) illegal.

(a) A person who is adversely affected by an appeals panel decision may seek judicial review of the decision in district court by filing a petition with the court within 30 days after the appeals panel decision.

(b) The court shall uphold the appeals panel decision unless the court determines that the decision is: (i) arbitrary and capricious; or (ii) illegal.

(i) arbitrary and capricious; or

(ii) illegal.