Utah Admin. Code R43 — Transportation

R907 Administration

R907-1 Agency Actions, Administrative Procedures

Utah Admin. Code R907-1-1 Authority and Purpose

(1) Authority. Subsection 72-1-201(1)(h) grants the Department authority to make rules for the administration of the Department, state transportation systems, and programs. In addition, Subsection 63G-3-201(2) of the Administrative Rulemaking Act and Subsections 63G-4-102(6) and 63G-4-203(1) of the Administrative Procedures Act (UAPA) authorizes agencies to make rules governing adjudicative proceedings. Finally, Section 57-12-9 grants the Department authority to make rules relating to financial assistance claims under the Utah Relocation Assistance Act, Title 57, Chapter 12 or 42 U.S.C Sections 4601-4655.

(2) Purpose. This rule creates procedures the Department follows to initiate, conduct, and review agency actions.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-2 General Provisions

(1) The Department will process every application, Request for Agency Action, Notice of Agency Action, and review request as an informal adjudicative proceeding according to Sections 63G-4-202 and 63G-4-203 of UAPA unless another rule specifically designates a proceeding as formal. Any party may ask the Presiding Officer to convert the proceeding to a formal adjudicative proceeding. The Presiding Officer may convert the proceeding to a formal proceeding if the Department determines it is in the public interest and does not prejudice a party's rights.

(2) The Presiding Officer will only conduct an evidentiary hearing as part of a formal proceeding. However, the Presiding Officer may conduct a meeting of the parties to discuss settlement, clarify issues, hear oral argument, or review evidence. Adjudicative proceedings are only subject to agency review under Section 63G-4-301 or when a statute or rule explicitly provides for review.

(3) This rule does not apply to employee grievances, personnel actions, or requests for records under the Governmental Records Access and Management Act (GRAMA).

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-3 Appointment of the Presiding Officer and Hearing Record

(1) The Executive Director or a deputy director will appoint a Presiding Officer to oversee an informal hearing as follows:

(a) the Director of Operations, if the action involves Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act;

(b) the Deputy Director of Engineering and Operations or a designee if the action involves Title 72, Chapter 9, Motor Carrier Safety Act;

(i) construction contract disputes; or

(ii) construction bids or the Disadvantaged Business Enterprise (DBE) program, in which case, the agency review also constitutes "administrative reconsideration" under federal regulation;

(d) the Region Director, if the action involves something other than the items listed in Subsection (a), (b), or (c), and this rule or a statute does not specify a specific appellate procedure;

(2) The Presiding Officer will record a hearing from beginning to end.

(3) For relocation assistance matters valued at more than $50,000. The Executive Director will appoint an Administrative Law Judge (ALJ) to act as a Presiding Officer over challenges to decisions related to relocation assistance valued more than $50,000 under Title 57, Chapter 12, Utah Relocation Assistance Act or the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, Sections 42 U.S.C. 4601-4655.

(a) If the Executive Director appoints an ALJ, the Executive Director will hire a stenographer to record and transcribe the hearing.

(b) The Executive Director will procure the services and pay the costs of the ALJ and stenographer.

(4) For matters that do not involve relocation assistance. The Executive Director or a deputy director may appoint an ALJ to preside over a matter if they determine that doing so serves the interests of the Department, the state, or a party.

(a) If the Executive Director or a deputy director appoints an ALJ, the Executive Director or a deputy may hire a stenographer to record and transcribe the hearing.

(b) The Executive Director or a deputy director may procure the services and pay the costs of the ALJ and a stenographer.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-4 Commencement by Department -- Notice of Agency Action -- Procedures

(1) The Department will begin an adjudicative proceeding by issuing a Notice of Agency Action. The Department will deliver a Notice of Agency Action to the person or persons against whom it is taking action. In addition, the Department will publish the Notice of Agency Action if required by a statute or rule.

(2) A Notice of Agency Action will include the following information:

(a) the names and mailing or email addresses of the Respondents and other persons to whom the Department serves the notice;

(b) the Department's file number or another reference number;

(c) a name or caption of the adjudicative proceeding, for example, Utah Department of Transportation, Motor Carrier Safety Division v. XXXX Trucking Company;

(d) the date on which the Department delivered the Notice of Agency Action to the Respondents;

(e) a statement that, if the person requests an appeal of the agency action, the Department will conduct the adjudicative proceeding informally according to this rule unless either the Department or the Respondent requests the proceedings converted to a formal proceeding and the Presiding Officer grants the request;

(f) a statement of the legal authority and jurisdiction under which the adjudicative proceeding is to be maintained;

(g) the name, title, mailing and email address, and telephone number of the office initiating the Notice of Agency Action and the Presiding Officer;

(h) the purpose for the adjudicative proceeding and, to the extent known, the questions the Presiding Officer will review;

(i) the amount of the fine or penalty the Department proposes to assess, and a summary of the evidence supporting the proposed amount; and

(j) a statement that the Respondent is entitled to agency review if they file a Request for Agency Review with the Department within 30 days from the date the Department delivers the Notice of Agency Action.

(3) A Respondent should file a written response to the Notice of Agency Action.

(a) Should a Respondent fail to file a written response to the Notice of Agency Action, the Department will order stating the Respondent is in default.

(b) If a defaulting Respondent is the only Respondent, the Notice of Agency Action will become the Department's Final Order. Accordingly, the initiating division, or Presiding Officer will revise the Notice of Agency Action to effect this change, captioning the notice as the Final Order and affixing the proper signature and the new date.

(4) The Department may not make substantive changes to the Final Order. However, the Final Order must include a provision that notifies the Respondent of the right to judicial review. The Department must then deliver a copy of the Default Order and the Final Order to the Respondent in default.

(5) If the defaulting party is not the sole Respondent, the initiating division, office, or the Presiding Officer will mail the Default Order to every party. The adjudicative proceeding may continue, and the Department may determine the issues in the proceeding, including those affecting the defaulting party.

(6) A defaulting party may seek agency review of a Default Order by sending a written request for review to the Presiding Officer. If the Presiding Officer issued the Default Order, the defaulting party must seek reconsideration of the Default Order according to Section R907-1-8.

(7) The only issue the Presiding Officer may consider in a Request for Reconsideration is whether entering default was appropriate.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-5 Commencement By a Member of the Public -- Complete or Partial Denials of Applications or Requests for Agency Action, Requests for Agency Review -- Default

(1) A public member may begin an agency action by filing a Request for Agency Review with the Department.

(2) If the Department denies an application or Request for Agency Action entirely or in part, and that action is subject to agency review, the region, division, or office issuing the denial will send the applicant a written denial notice as promptly as possible. The denial notice will summarize the reasons for the decision and list the statutes or rules the division or office interpreted or relied upon as authority for it, along with the Department's file or reference number. The Department's denial notice will advise the applicant of their right to request agency action seeking review by filing a written request with the initiating region, division, or office within 30 days after the Department issues the denial notice. In addition, the denial notice will inform the applicant that the written request for review must include any supporting documents, including legal memoranda, that the Department should consider. Finally, the denial notice will constitute the proposed order of the division or office making the decision and must so indicate. If there is no request for agency action seeking review within 30 days, the denial notice will become the Department's Final Order.

(3) The Department will evaluate a Request for agency action seeking review to determine if it meets Subsection 63G- 4-301(1) requirements. The request must include the requester's signature, state the grounds for the request, the relief sought, and state the date the requester mailed or delivered the request. A Request for Agency Review should also indicate HEARING REQUESTED on the first page of the request if the applicant wants the Department to schedule a hearing. The Department will return the request to the requester if it does not meet the statutory requirements, the requirements of this rule, or is untimely. The Department must explain the reason for the return.

(4) If the request meets the requirements and is timely, the region, division, or office will promptly forward the material and a copy of any relevant material in its files to the Presiding Officer.

(5) Within 30 business days after receipt of a Request for Agency Review, a party, including the region, division, or office that issued the challenged decision, may submit additional documentation, which may include legal briefs, to the Presiding Officer. The Presiding Officer may grant a party a reasonable extension of time. The Presiding Officer will issue a written decision after the parties submit their responses. The Presiding Officer may meet with the parties if needed. This meeting is not a hearing as contemplated under the Administrative Procedures Act, Title 63G, Chapter 4.

(6) Absent filing a timely Request for Agency Review, the Department will issue an order that the Respondent is in default. If the defaulting party is the sole Respondent, the Presiding Officer will dismiss the Request for Agency Action. The Department will provide a copy of the Default Order and the dismissal order to the person who requested the action.

(7) If the defaulting party is not the sole requester, the initiating division, office, or the Presiding Officer will mail the Default Order to every party. The adjudicative proceeding may continue, and the Presiding Officer may determine every issue in the proceeding, including those affecting the defaulting party.

(8) A defaulting party may seek agency review of a Default Order by sending the Presiding Officer a Request for Agency Review. If the Presiding Officer issued the Default Order, the defaulting party might seek reconsideration of the Default Order according to Section R907-1-8. The sole issue for the Presiding Officer to decide is whether entering default was appropriate.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-6 Agency Review -- Procedures

(1) Informal adjudicative proceedings will follow the procedures outlined in Section 63G-4-203 and Section 63G-4- 209, and Section R907-1-6 or Section R907-1-9 for Motor Carrier actions only, where applicable.

(2) Formal adjudicative proceedings will follow the procedures outlined in Sections 63G-4-204 through 63G-4-209 and Sections R907-1-10 through R907-1-15.

(3) The Presiding Officer will ensure that any order resulting from informal or formal adjudicative proceedings complies with applicable state and federal law, including, without limitation, restrictions on the use of federal financial assistance or other entitlement programs.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-7 Procedures for Informal Adjudicative Proceedings

(1) Parties must have notice and an opportunity to be heard. The purpose of a proceeding is to determine if the facts and applicable law support the Department's Notice of Agency Action or denial of an application or Request for Agency Action. A written argument is allowed but not required. The Presiding Officer may determine whether to hear the matter in person or electronically based on the parties' written submissions or conditions that make holding the hearing electronically safer or more convenient for the parties. The Presiding Officer will convene a requested hearing unless the Presiding Officer finds no material issue of fact in dispute or that the issue in dispute is frivolous or already authoritatively decided.

(2) The Presiding Officer may set reasonable time, manner, and scope limitations on any witness testimony, presentations by the parties, written argument, and the length of any hearing.

(3) Section 63G-4-203 of UAPA governs an informal adjudicative proceeding, so discovery is prohibited. However, the Presiding Officer may issue subpoenas or other orders to a party to compel the production of necessary evidence. Accordingly, upon request, the Department will provide the applicant information in the Department's files, including records that are part of any investigation, unless those records are otherwise made confidential or protected from disclosure by state or federal law.

(4) Each party may make, at minimum, an opening statement, presentation, and rebuttal. A party may decide whether to have a rebuttal argument heard during the hearing or delivered to the Presiding Officer in writing ten days after the hearing.

(5) Within a reasonable time after the close of an informal adjudicative proceeding, the Presiding Officer will issue a final agency order that complies with Subsections 63G-4-203(1)(i), (j), and (k). The order will contain:

(i) a designation of the statute or rule permitting or requiring review;

(ii) a statement of the issues reviewed;

(iii) findings of fact as to each of the issues;

(iv) conclusions of law as to each of the issues;

(v) the reasons for the disposition;

(vi) whether the decision of the division or office initiating the decision is affirmed, reversed, modified, or remanded; and

(vii) notice of the right to judicial review under Section 63G-4-402 by filing a Petition in a district court within 30 days after the date the Presiding Officer issues the order constituting the final agency action.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-8 Reconsideration

(1) Within 20 days after the Presiding Officer issues the Final Order, a party may request reconsideration, stating the specific grounds upon which the party requests relief.

(2) The person filing the request for reconsideration will mail or email a copy to each party.

(3) The Executive Director, or a designee, will issue a written order either denying or granting the request. If the Executive Director or a designee does not issue this order within 20 days, the request is denied. If the Executive Director or designee grants the request in any part and issues a new Final Order, it will include the same information listed in Section R907- 1-7 or Section R907-1-9 if the matter concerned motor carriers.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-9 Administrative Procedures for Motor Carrier Actions

(1) When a motor carrier appeals the imposition of a penalty under Title 72, Chapter 9, Motor Carrier Safety Act, they will follow the procedures established in Rule R907-1. This proceeding is an informal adjudicative proceeding under Section 63G-4-203. The Department will provide the applicant, upon request, information in the Department's files, including records that are part of any investigation, unless those records are otherwise made confidential or protected from disclosure by state or federal law.

(2) At the hearing, the motor carrier will go first and bear the burden of showing why the Department should not assess civil penalties. The division will respond, and the motor carrier will have an opportunity to rebut the division's evidence. If the Presiding Officer decides doing so will benefit the Presiding Officer's understanding of the issues, the Presiding Officer may allow closing statements or arguments and record the proceedings. The rules of evidence do not apply.

(3) The person deciding the review will issue a final agency order as promptly as possible. The order will contain:

(a) a designation of the statute or rule permitting or requiring review;

(b) a statement of the issues reviewed;

(d) conclusions of law as to each of the issues;

(e) the reasons for the disposition;

(f) whether the decision of the division or office initiating the decision is affirmed, reversed, modified, or remanded; and

(g) notice of the right to judicial review according to Section 63G-4-402 by filing a Petition with a district court within 30 days.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-10 Formal Process and Hearing: Initiation

(1) If notwithstanding Subsection R907-1-2(1), the Department wishes to initiate an adjudicative proceeding as a formal proceeding, it will conduct the formal hearing process as follows:

(2) The Department will prepare and deliver to interested parties a Notice of Agency Action that includes the following information:

(a) the names and mailing addresses of the Respondents and any other persons to whom the Department is giving notice;

(b) the Department's file number or another reference number;

(c) a name or caption of the adjudicative proceeding, for example, Utah Department of Transportation, Motor Carrier Safety Division v. XXXX Trucking Company;

(d) the date on which the Department delivered the notice to the Respondents;

(e) the Department's legal authority and jurisdiction allowing it to maintain the adjudicative proceeding;

(f) the name, title, contact information of the office or division initiating the Notice of Agency Action and the Presiding Officer;

(g) a summary of the purpose for the adjudicative proceeding and the questions the Department wants to have decided;

(h) if the Department seeks to assess a fine or penalty, the amount of the proposed fine or penalty and a summary of the evidence and authority supporting the proposed amount;

(i) notice the Department is conducting a formal adjudicative proceeding according to this rule and Sections 63G-4- 204 through 63G-4-209;

(j) notice to the Respondent that it must file a written response within 30 days of the mailing date of the Notice of Agency Action;

(k) notice that the Presiding Officer will set a time and place of the hearing after consulting with the parties;

(l) notice of the purpose for the hearing; and

(m) notice that the Department will hold in default a party who fails to attend or participate in the hearing.

(3) Absent the filing of a timely request, the Department will issue an order that the Respondent is in default. If the defaulting party is the sole Respondent, the Notice of Agency Action will become the Department's Final Order. The initiating division or office will revise the Notice of Agency Action to effect this change, captioning the notice as the Final Order, affixing the appropriate signature and the new date. The Department may not change the substance of the Final Order. However, the Final Order will include a notice of the Respondent's right to judicial review. The Department will then deliver a copy of the Default Order and the Final Order to the Respondent.

(4) If the defaulting party is not the sole Respondent, the initiating division or office will mail the Default Order to the parties. The adjudicative proceeding may continue, and the Department may determine the issues in the proceeding, including those affecting the defaulting party.

(5) A defaulting party may seek agency review of a Default Order by sending a written request to the Presiding Officer identified in Subsection R907-1-3(2). If a Presiding Officer issued the Default Order, the defaulting party must seek reconsideration of the Default Order according to Section R907-1-8. The sole issue on reconsideration is whether entering default was appropriate.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-11 Formal Process and Hearing: Responses

(1) For formal adjudicative proceedings, the Respondent must file and serve a written response signed by the Respondent or a representative within 30 days of the mailing date of the Notice of Agency Action. The written response must include:

(a) the Department's file number or another reference number;

(b) the name of the adjudicative proceeding;

(d) a statement of the facts; and

(e) a summary of the reasons the Presiding Officer should grant the relief requested.

(2) The Respondent must file the response with the Department and deliver one copy to each party.

(3) Papers this rule allow or require the Respondent to file must be filed with the Presiding Officer. The Respondent must also deliver one copy of each document to each party.

(4) The Presiding Officer may hear from any Respondent without formal written documents.

(5) The Presiding Officer may issue a Default Order against any Respondent who fails to provide any response to a Notice of Agency Action.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-12 Formal Process and Hearing: Intervention

(1) Order Granting Leave to Intervene Required. Any person, not a party, seeking to intervene in a formal proceeding must obtain an order from the Presiding Officer granting leave to intervene before being allowed to participate. A potential intervenor must request such an order by providing a signed, written Petition to intervene. The person must file the written Petition with the Department before a response is due as prescribed in Subsection R907-1-11(1) and promptly deliver a copy to each party. The Presiding Officer may consider a Petition to intervene or materials filed after the response date, but only upon separate motion of the potential intervenor made at or before the hearing for a good cause shown.

(2) Content of Petition. Petitions for leave to intervene must identify the proceedings. The Petition must contain a statement of facts demonstrating the Petitioner has legal rights or interests that may be affected by the formal adjudicative proceeding, or the Petitioner qualifies as an intervenor under any provision of law. Additionally, the Petition must include a statement of the relief requested, including the legal basis for the Petitioner's requested relief from the Presiding Officer.

(3) Response to Petition. Any party to a proceeding in which a person files a Petition to intervene may make an oral or written response opposing the Petition. The response in opposition must state the party's basis for opposing the Petition and may suggest limitations the Presiding Officer should place upon the potential intervenor if the Presiding Officer grants the Petition. The response must be presented or filed at or before the hearing.

(4) Granting of Petition. The Presiding Officer will grant a Petition to intervene if the Presiding Officer determines:

(a) The Petitioner's legal interests may be substantially affected by the formal adjudicative proceeding; and

(b) the potential intervenor's participation in the adjudication will not materially impair the interests of justice or the orderly and prompt conduct of the adjudicative proceedings.

(5) Order Requirements.

(a) Any order granting or denying a Petition to intervene must be in writing and delivered to the Petitioner and each party.

(b) An order permitting intervention may impose conditions on the intervenor's participation in the adjudicative proceeding necessary for a just, orderly, and prompt conduct of the proceeding.

(d) If the Presiding Officer determines an intervenor has no direct or substantial interest in the proceeding, and the public interest does not require the intervenor's participation, the Presiding Officer may dismiss the intervenor.

(e) In the interest of expediting a hearing, the Presiding Officer may limit the extent of participation of an intervenor. Where two or more intervenors have substantially similar interests and positions, the Presiding Officer may limit the number of intervenors who may testify, cross-examine witnesses, or make and argue motions and objections.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-13 Formal Process and Hearing: Conduct of Hearings

The Presiding Officer will follow these procedures when conducting hearings for a formal adjudication:

(1) Public Hearings. Hearings must be open to the public unless otherwise ordered by the Presiding Officer with a showing of good cause. Hearings must be accessible by the parties.

(2) Full Disclosure. The Presiding Officer will regulate the course of the hearing to fully disclose relevant facts and afford the parties a reasonable opportunity to present their positions.

(3) Rules of Evidence. The Presiding Officer will use the Utah Rules of Evidence as appropriate guides as they apply to the proceeding and are not inconsistent with this rule.

(4) Notwithstanding Subsection R907-1-13(3), on the Presiding Officer's motion or upon objection of a party, the Presiding Officer:

(a) may exclude evidence that is irrelevant, immaterial, or repetitious;

(b) will exclude evidence privileged by law in the courts of Utah;

(c) may receive documentary evidence in the form of a copy or excerpt if the copy or excerpt contains pertinent portions of the original document; and

(d) may take official notice of:

(i) any facts to which a court might grant judicial notice under the Utah Rules of Evidence;

(ii) the record or another proceeding before the Department; and

(iii) technical or scientific facts within the Department's specialized knowledge.

(5) Hearsay. Notwithstanding Subsection R907-1-13(4)(c), the Presiding Officer may not exclude evidence solely because it is hearsay.

(6) Parties Rights. The Presiding Officer must allow the parties to present evidence, argue, respond, conduct cross- examination, and submit rebuttal evidence.

(7) Public Participation. The Presiding Officer may give persons not a party to the adjudicative proceeding the opportunity to present oral or written statements at the hearing.

(8) Oath. If offered as evidence to be considered in deciding on the merits, witnesses must present testimony at the hearing under oath.

(9) Failure to Appear. When a party to a proceeding with due notice fails to appear at a hearing, the Presiding Officer may enter a Default Order that accords with this rule.

(10) Time Limits. The Presiding Officer may set reasonable time limits for the hearing participants.

(11) Continuances of the Hearing. The Presiding Officer may continue any hearing to a time and date certain announced at the hearing, which will not require any new notification. The continuance of the hearing may be made upon motion of a party indicating good cause why such a continuance is necessary and not due to the dereliction of the party requesting the continuance. In addition, the Presiding Officer may continue a hearing when in the public interest.

(12) Oral Argument and Briefs. Upon the conclusion of the taking of evidence, the Presiding Officer may permit the parties to make oral arguments or submit additional briefs or memoranda upon a schedule designated by the Presiding Officer.

(13) Record of Hearing. Subsection R907-1-3(2) governs the recording of the hearing.

(14) Preserving Integrity. This section does not preclude the Presiding Officer from taking appropriate measures necessary to preserve the integrity of the hearing.

(15) Witness Fees, Summons, Discovery, and Construction.

(a) Witness fees. The Presiding Officer may allow appropriate witness fees as statute or rule provides.

(b) Summons. The Presiding Officer may issue a summons or subpoena on the Presiding Officer's motion. Upon request of a party, the Presiding Officer will issue summons or subpoenas for the attendance of witnesses and the production of any pertinent paper, book, record, document, or other appropriate discovery of evidence.

(c) Discovery. Upon the motion of a party and for a good cause shown that it is to obtain relevant information necessary to support a claim or defense, the Presiding Officer may authorize such manner of discovery against another party or person, including the Department's staff, as may be prescribed by and in the form provided by the Utah Rules of Civil Procedure.

(d) Construction. Nothing in this section restricts or precludes any investigative right or power given to the Transportation Commission or Executive Director or a Deputy Director by law.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-14 Formal Process and Hearing: Decisions and Orders

(1) Decision. The Presiding Officer will sign and issue an order that includes:

(a) a statement of the Presiding Officer's findings of fact, conclusions of law and decision, based exclusively on the evidence of the record in the adjudicative proceedings or facts officially noticed;

(b) a statement of the reasons for the Presiding Officer's decision;

(d) a notice of the right to apply for reconsideration;

(e) a notice of any right to administrative or judicial review of the order available to aggrieved parties; and

(f) the time limits applicable to any reconsideration or review.

(2) Preparation of Order. The Presiding Officer may direct the prevailing party to prepare proposed findings of fact, conclusions of law, and an order consistent with the requirements of this rule, which will be completed within ten days of the direction unless otherwise instructed by the Presiding Officer. The prevailing party will serve copies of the proposed findings of fact, conclusions of law, and order upon the parties of record before being presented to the Presiding Officer for signature. A party objecting to any part of an order will serve a Notice of Objection to the Presiding Officer and parties of record within ten calendar days of the date of the order.

(3) Entry of Order. The Presiding Officer will sign the order and cause the same to be entered and indexed in books kept for that purpose. The order will be effective on the date it is issued unless otherwise provided in the order. Upon the Petition of a person subject to the order and for a good cause shown, the Presiding Officer may extend the time for compliance fixed in its order.

(4) Evaluation of Evidence. The Presiding Officer may use expertise, technical competence, and specialized knowledge to evaluate the evidence.

(5) Hearsay. No contested finding of fact may be based solely on hearsay evidence.

(6) Interim Orders. This section does not preclude the Presiding Officer from issuing interim orders to:

(a) notify the parties of further hearings;

(b) notify the parties of provisional rulings on a portion of the issues presented; or

(7) Notice. The Presiding Officer will notify the parties of the decision by delivering copies of the order with accompanying findings of fact and conclusions of law to each party.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-15 Formal Process and Hearing: Reconsideration and Modification of Existing Orders

(1) Time for Filing. Within 20 days after the Presiding Officer issues the Final Order in a formal adjudicative process, any party may file a written request for reconsideration or rehearing, stating the specific grounds upon which the party requests relief.

(2) Not Prerequisite for Judicial Review. Unless otherwise provided by law, the filing of the request for reconsideration is not a prerequisite for seeking judicial review of the Final Order.

(3) Mailing Requirement. A party seeking reconsideration must file a Petition for Reconsideration with the Presiding Officer. The person making the request must deliver one copy of the Petition to each.

(4) Contents of Petition. A Petition for Reconsideration must set forth specifically the particulars in which the Petitioner claims the order or decision is unlawful, unreasonable, or unfair. If the Petitioner bases a Petition on a claim that the Presiding Officer failed to consider specific evidence, it must include an abstract of that evidence. If the Petitioner bases the Petition upon newly discovered evidence, the Petitioner must include with the Petition an affidavit setting forth the nature and extent of such evidence, its relevancy to the issues involved, and a statement that the party could not, with reasonable diligence, have discovered the evidence before the hearing.

(5) Response to Petition. Other parties to the proceeding may file a response to the Petition with the Presiding Officer no later than ten days from the Petition's filing date. Parties filing such a response must deliver a copy of their response to the Petitioner on the date they file their response.

(6) Action on the Petition. The Presiding Officer is authorized to act upon the Petition for reconsideration. If the Presiding Officer does not issue an order within 20 days after the Petition filing, the Petitioner must consider the request for reconsideration denied. The Presiding Officer may, by written order, set a time for hearing on said Petition or deny the Petition.

(7) Modification of Existing Orders. A request for modification or amendment of an existing order of the Presiding Officer will be treated as a new Request for Agency Action under this rule. Such a request for modification or amendment must include the parties to the previous adjudicative proceeding and their successors in interest as directly affected persons.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-16 Declaratory Rulings

(1) Petition for Declaratory Orders. Any person may Petition the Department to appoint a Presiding Officer to hear arguments for and against issuing a declaratory order on the applicability of any Department administrative rule, federal regulation, or order as well as any provision of the Utah Code within the jurisdiction of the Department, which directly affect the operations or activities of that person. The Petition must include the questions and answers sought and reasons supporting or opposing the application of the statute, rule, federal regulation, or order involved.

(2) Not Subject to Declaratory Rulings. A Presiding Officer may not issue a declaratory ruling if:

(a) the person requesting the declaratory ruling participated in an adjudicative proceeding concerning the same issue within 12 months of the date of the present request; or

(b) there would be substantial prejudice to the rights of a person who would be a necessary party unless that person consents in writing to the determination of the matter by a declaratory proceeding.

(3) Intervention. Persons may intervene in declaratory proceedings if they meet the requirements of Section R907-1- 12.

(4) Forms of Rulings. After receiving a Petition for a declaratory order, a Presiding Officer may issue a written order:

(a) declaring the applicability of the statute, rule, regulation, or order in question to the specified circumstances; or

(b) decline to issue a declaratory order and state the reasons for its action.

(5) Contents of Order. A declaratory order will contain:

(a) the names of the parties to the proceeding;

(b) the particular facts that are the basis of the proceeding; and

(6) Mailing of Order. The Presiding Officer will promptly deliver a copy of orders issued in response to a request for a declaratory proceeding to the Petitioner and other parties.

(7) Binding Effect. A declaratory order has the same status and binding effect as any other order issued in an adjudicative proceeding.

(8) Time Limit. Unless the Petitioner and the Presiding Officer agree in writing to an extension, if the Presiding Officer has not issued a declaratory order within 60 days after receiving the request for a declaratory order, the Petitioner may consider the Petition denied.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-17 Exhaustion of Administrative Remedies

(1) Persons must exhaust their administrative remedies according to Section 63G-4-401 before seeking judicial review.

(2) In any adjudicative proceeding before a Presiding Officer, there is an opportunity for affected parties to respond and participate. Only those aggrieved parties that have exhausted these available and adequate remedies before a Presiding Officer may be allowed to seek judicial review of a Presiding Officer's final action.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-18 Deadline for Judicial Review

A party must file a Petition for judicial review of final agency action within 30 days after the order constituting the final agency action is issued. The Petition must name the Department and other appropriate parties as Respondents and meet the form requirements specified in Title 63G, Chapter 4 Administrative Procedures Act.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-19 Judicial Review of Formal Adjudicative Proceedings

Section 63G-4-403 governs the Judicial Review of the Department's formal adjudicative proceedings.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-20 Civil Enforcement

(1) Agency Action. In addition to other remedies provided by law and other Transportation Commission or Department rules, the Department may pursue civil enforcement of an order in the district courts.

(a) The action seeking civil enforcement must name, as defendants, each alleged violator against whom the Department seeks civil enforcement.

(b) The Utah Rules of Civil Procedure must determine the venue for an action seeking civil enforcement.

(i) declaratory relief;

(ii) temporary or permanent injunctive relief;

(iii) any other civil remedy provided by law; or

(iv) any combination of the foregoing.

(2) Individual Action. Any person whose interests are directly impaired or threatened by the failure of the Department to enforce its order may file a complaint with a district court seeking civil enforcement of that order. The complaint must name as defendants the Department and each alleged violator against whom the plaintiff seeks civil enforcement. The action may not begin:

(a) until at least 30 days after the plaintiff has given notice of its intent to seek civil enforcement of the alleged violation to the Commission or the Department, the attorney general, and to each alleged violator against whom the Petitioner seeks civil enforcement;

(b) if the Commission or the Department has filed and is diligently prosecuting a complaint seeking civil enforcement of the same order against the same or similarly situated defendant; or

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-21 Waivers

Notwithstanding any other provision of this rule, any procedural matter, including any right to notice or hearing, may be waived by the affected person by a signed, written waiver in a form acceptable to the Department. This waiver provision may not prohibit default findings as defined in this rule.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

Utah Admin. Code R907-1-22 Construction

The UAPA described in Title 63G, Chapter 4 Administrative Procedures Act, or any other federal, state statute, or federal regulation will supersede any conflicting provision of this rule. Accordingly, the Department intends that, where possible, this rule be construed to comply with those superseding provisions.

History

KEY: administrative procedures, enforcement (administrative)
Date of Last Change: October 8, 2024
Notice of Continuation: August 29, 2024
Authorizing, and Implemented or Interpreted Law: 63G-4-101 through 502; 72-1-102

R907-33 Department of Transportation Procurement Rules

Utah Admin. Code R907-33-1 Authority and Purpose

(1) This rule is authorized by Subsections 63G-6a-106(3)(a) and 72-1-201(h).

(2) The purpose of this rule is to establish procedures for purchasing equipment, services, and supplies necessary to perform and exercise the department's functions, powers, duties, rights, and responsibilities as described in Utah Code.

History

KEY: procurement, contractors, purchasing, vendors
Date of Last Change: January 23, 2025
Notice of Continuation: July 19, 2024
Authorizing, and Implemented or Interpreted Law: 63G-6a-106(3)(a); 72-1-201(h)

Utah Admin. Code R907-33-2 Definitions

(1) The terms used in this rule are defined in Section 63G-6a-103.

(2) In addition to the terms described in Subsection (1), as used in this rule:

(a) "Department" means the Utah Department of Transportation.

(b) "Designee" means a department employee the executive director has designated to take a specific action or carry out a specific responsibility.

History

KEY: procurement, contractors, purchasing, vendors
Date of Last Change: January 23, 2025
Notice of Continuation: July 19, 2024
Authorizing, and Implemented or Interpreted Law: 63G-6a-106(3)(a); 72-1-201(h)

Utah Admin. Code R907-33-3 Application of Rule

This rule applies to vendors that are bound by contracts with the department, vendors competing for contracts with the department, and to department divisions and workgroups administering contracts.

History

KEY: procurement, contractors, purchasing, vendors
Date of Last Change: January 23, 2025
Notice of Continuation: July 19, 2024
Authorizing, and Implemented or Interpreted Law: 63G-6a-106(3)(a); 72-1-201(h)

Utah Admin. Code R907-33-4 Use of Similar Laws and Rules to Establish Precedent or Extrapolate Legal Intent - Title R33 Division of Purchasing and General Services

(1) When the department determines a specific law or rule governing an issue does not exist, the department may refer to other laws similar in nature to establish a precedent or to extrapolate legal intent in making a determination based on the reasonable person standard.

(2) For matters not addressed by this rule or Rule R907-66, Title R33 applies.

History

KEY: procurement, contractors, purchasing, vendors
Date of Last Change: January 23, 2025
Notice of Continuation: July 19, 2024
Authorizing, and Implemented or Interpreted Law: 63G-6a-106(3)(a); 72-1-201(h)

Utah Admin. Code R907-33-5 Competitive Procurement Required for Expenditure of Public Funds, Use of Public Property or Other Public Assets to Acquire Products and Services Unless Exception is Authorized, Need for Flexibility

(1) If conducting or administering the department's procurement processes, then a department procurement agent must maximize competition for contracts as much as practicable.

(2) Unless the executive director or a designee issues a written exception in accordance with provisions set forth in the Utah Procurement Code and applicable administrative rules documenting why a competitive procurement process is not required and why it is in the best interest of the department to award a contract without engaging in a standard procurement process, the department must conduct a standard procurement process when:

(a) public funds are expended or used to acquire a procurement item; or

(b) the department's property, name, influence, assets, resources, programs, or other things of value are used as consideration in the formation of a contract for a procurement item.

(3) The standard of care the department must exercise when designing, constructing, and maintaining a state highway in a reasonably safe condition for travel requires that its procurement practices are flexible enough to allow it to consider characteristics, terms, and conditions relevant to satisfying its needs when procuring required products and services.

History

KEY: procurement, contractors, purchasing, vendors
Date of Last Change: January 23, 2025
Notice of Continuation: July 19, 2024
Authorizing, and Implemented or Interpreted Law: 63G-6a-106(3)(a); 72-1-201(h)

Utah Admin. Code R907-33-6 Multiple Award Contracts

(1) The department may enter into a multiple award contract only if the procurement official determines that one or more of the following criteria applies:

(a) It is administratively or economically impractical to develop or modify specifications for a myriad of related supplies because of rapid technological changes.

(b) There are logistical considerations that favor the use of a multiple award contract.

(c) It is administratively or economically impractical to develop or modify specifications because of the heterogeneous nature or dissimilar attributes of the product lines.

(d) There is a need for compatibility with existing systems.

(e) The department should select the contractor to furnish the supply, service or construction based upon best value or return on investment.

(f) The product or service being procured serves a purpose of preventing or forestalling a threat to public health, welfare or safety.

(2) The department may use invitations for bids or requests for proposals to solicit for multiple award contracts.

(3) If the department anticipates entering into a multiple award contract before issuing the invitation for bids or request for proposals, it will:

(a) state in the solicitation that the department may enter into multiple award contracts at the end of the procurement process; and

(b) describe the methodology the department will use to determine the number of contract awards.

History

KEY: procurement, contractors, purchasing, vendors
Date of Last Change: January 23, 2025
Notice of Continuation: July 19, 2024
Authorizing, and Implemented or Interpreted Law: 63G-6a-106(3)(a); 72-1-201(h)

Utah Admin. Code R907-33-7 Exceptions to Competition-Based Procurement

(1)(a) The department will conduct small purchases as required by Section 63G-6a-506, and Sections R33-105-104, R33-105-106, R33-105-106.5, and R33-105-107.

(b) The small purchase threshold for individual procurements will be $5,000 rather than the threshold for individual procurements described in Subsection R33-105-104(3)(a).

(c) The department will conduct small purchases of professional service providers and consultants as required by Rule R907-66.

(2)(a) A contract may be awarded for a supply, service, or construction item without competition if the procurement official first determines in writing that one of the following conditions exists:

(i) Only a single contractor is capable of providing the supply, service or construction.

(ii) A state or federal law exempts the supply, service or construction from the competitive procedure.

(iii) The total cost of the supply, service, or construction is less than the amount established by the department for small purchases in Subsection (1).

(iv) The procurement official determines in writing it is clearly not feasible to award the contract for supplies or services on a competitive basis.

(v) The services are to be provided by attorneys, legal services providers, or litigation consultants selected by the Attorney General's Office.

(vi) The services are to be provided by expert witnesses.

(vii) The services involve the repair, modification, or calibration of equipment and they are to be performed by the manufacturer of the equipment or by the manufacturer's authorized dealer provided the procurement official determines in writing that bidding is not appropriate under the circumstances.

(viii) The executive director or a designee determines in writing the contract for supplies or services is to protect public health, welfare, or safety, or to protect the safety or security of a transportation system.

(b) Pursuant to Subsection 63G-6a-802(3)(b)(ii), the procurement official may require publication of a notice of the department's intent to make a sole source procurement if the procurement official determines publishing such a notice is necessary to maintain the fair and equitable treatment of persons who deal with the department's procurement system.

(c) The written determination authorizing sole source procurement must be included in the contract file. For procurements over $250,000 made under Subsection R907-33-7(2)(i), the determination shall be approved by the attorney general's office.

(3) The executive director or a designee may require regular audits of procurements made pursuant to this section.

(4)(a) The executive director or a designee will make or authorize others to make an emergency procurement when there exists a threat to public health, welfare, or safety, or circumstances outside the control of the department create an urgency of need that does not permit the delay involved in using formal competitive procurement methods.

(b) The executive director or a designee will authorize each emergency procurement described under this Subsection (4).

(c) The department may only pay the provider of an emergency procurement described in this Subsection (6) based on the written authorization required by Subsection (4)(b).

(d) Emergency procurements described in this Subsection (4) may not be affected by divergent terms included in other contracts.

History

KEY: procurement, contractors, purchasing, vendors
Date of Last Change: January 23, 2025
Notice of Continuation: July 19, 2024
Authorizing, and Implemented or Interpreted Law: 63G-6a-106(3)(a); 72-1-201(h)

R907-63 Structure Repair and Loss Recovery Procedure

Utah Admin. Code R907-63-1 Authority and Purpose

This rule establishes a procedure for loss recovery for damages to structures, appurtenances, and the roadway as provided in Sections 41-6a-409 and 72-7-301.

History

KEY: bridges, damages, loss recovery, structures, property
Date of Last Change: January 23, 2025
Notice of Continuation: December 2, 2024
Authorizing, and Implemented or Interpreted Law: 72-7-301; 63A-3-301 through 63A-3-310

Utah Admin. Code R907-63-2 Procedure to Collect for Damage to Department Property

(1) Upon notification of damage to department property, the department will repair or replace the damaged property.

(2)(a) After the department repairs or replaces the damaged property described under Subsection (1), the department will invoice the owner of the vehicle or object causing the damage for the total costs of repairing or replacing the damaged property.

(b) If the person directly responsible for causing the damage does not own the vehicle or object causing the damage, the department will invoice both the owner and the person responsible for causing the damage for the total cost of repairing or replacing the damaged property.

(c) The owner and operator are jointly and severally liable under this Subsection (2) for any damage caused to department property by the operation or movement of the vehicle or object.

(3) If a vehicle damages department property, the owner of the vehicle or object causing the damage, or the person directly responsible for causing the damage must reimburse the department for the total cost of repairing the damage.

(4) If the department does not receive the total amount invoiced under Subsection (2) within 120 days of the date of the invoice, the department may pursue reimbursement by one of the following means:

(a) collection of a delinquent account as provided in Title 63A, Chapter 3, Part 3, Accounts Receivable Collection; or

(b) collection through a collection agency.

(5) In cases where the full payment of an invoice will cause undue financial pressure, the owner of the vehicle or person responsible for the damage may arrange to make installment payments on the debt.

History

KEY: bridges, damages, loss recovery, structures, property
Date of Last Change: January 23, 2025
Notice of Continuation: December 2, 2024
Authorizing, and Implemented or Interpreted Law: 72-7-301; 63A-3-301 through 63A-3-310

Utah Admin. Code R907-63-3 Eligible Recovery Costs

The department may seek recovery of costs associated with an incident as provided in Sections 41-6a-409 and 72-7- 301.

History

KEY: bridges, damages, loss recovery, structures, property
Date of Last Change: January 23, 2025
Notice of Continuation: December 2, 2024
Authorizing, and Implemented or Interpreted Law: 72-7-301; 63A-3-301 through 63A-3-310

Utah Admin. Code R907-63-4 Additional Procedures for Damaged Structure

When damage occurs to a bridge structure, the UDOT Structures Division shall:

(1) track the costs for preparing design calculations, design plans, specifications, and engineering estimates, including professional engineering services and construction engineering with associated overhead costs, along with the costs related to publication, preparation, and advertising the bid package; and

(2) award the project to the lowest responsive and responsible bidder; and

(3) submit the final project costs, including eligible department charges, to UDOT Division of Finance for the cost recovery process.

History

KEY: bridges, damages, loss recovery, structures, property
Date of Last Change: January 23, 2025
Notice of Continuation: December 2, 2024
Authorizing, and Implemented or Interpreted Law: 72-7-301; 63A-3-301 through 63A-3-310

Utah Admin. Code R907-63-5 Department Settlement Policy

(1) The department's intent is to secure full recovery from the responsible party based on the full actual cost of such repairs to the property damaged, including indirect costs associated with or resulting from an occurrence.

(2) The department may at its discretion elect to accept a settlement based on detailed engineering estimates and any direct or indirect costs associated with or resulting from an occurrence when the department determines that it is in the best interest of the motoring public and taxpayers to delay or forgo repairs to the damaged property.

(3) Settlements shall conform to the requirements of Title 63G, Chapter 10 State Settlement Agreements Act.

(4) The department may submit to the Attorney General any claim for recovery, which is in dispute, requesting legal action be taken to recover the State's losses and settle such claims based on the laws of liability or as directed by the courts.

History

KEY: bridges, damages, loss recovery, structures, property
Date of Last Change: January 23, 2025
Notice of Continuation: December 2, 2024
Authorizing, and Implemented or Interpreted Law: 72-7-301; 63A-3-301 through 63A-3-310

R907-64 Longitudinal and Wireless Access to Interstate System Rights-of-Way for Installation of Telecommunication Facilities

Utah Admin. Code R907-64-1 Purpose

The purpose of this rule is to implement a program for facilitating longitudinal access and wireless access to interstate system rights-of-way to provide for the installation, operation and maintenance of cable and wireless telecommunication facilities in the rights-of-way. This rule recognizes the importance of quality infrastructure on the interstate system and that the safety and convenience of users of the interstate system must be preserved to the greatest extent possible. Compatible with this principle, the rule also permits the use of the rights-of-way of the interstate system for telecommunication facilities that support Federal and State laws that encourage competition in telecommunication services and the deployment of advanced telecommunication technologies. The department, through designated personnel, may facilitate such installations and maintenance of such facilities, which comply with the criteria established by this rule.

History

KEY: right-of-way, interstate highway system, telecommunications, longitudinal access
Date of Last Change: February 7, 2013
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-108; 72-7-109; 54-8b-1

Utah Admin. Code R907-64-2 Authority

Subsection 72-7-108(2)(a) states that, except as provided in Subsection (4), the department may allow a telecommunication facility provider longitudinal access to the right-of-way of a highway on the interstate system for the installation, operation, and maintenance of a telecommunication facility.

History

KEY: right-of-way, interstate highway system, telecommunications, longitudinal access
Date of Last Change: February 7, 2013
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-108; 72-7-109; 54-8b-1

Utah Admin. Code R907-64-3 Definitions

(1) "Department" means the Utah Department of Transportation,

(2) "Clear zone" means the total roadside border area, starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and a clear run-out area. The desired width is dependent upon the traffic volumes, speeds, and roadside geometry.

(3) "Interstate system" means the Dwight D. Eisenhower National System of Interstate and Defense Highways as defined in the Federal-aid Highway Act of 1956 and any supplemental acts or amendments.

(4) "Longitudinal access" means access to or use of any part of a right-of-way of a highway on the interstate system that extends generally parallel to the right-of-way for a total of 30 or more linear meters.

(5) "Permit" means encroachment permit, a document that specifies the requirements and conditions for performing work on the highway right-of-way.

(6) "Right-of-way" means a general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to transportation purposes.

(7) "Telecommunication Advisory Council" means the Telecommunication Advisory Council created by Section 72-7- 109.

(8) "Telecommunication facility" means any telecommunication cable, line, fiber, wire, conduit, innerduct, access manhole, hand hole, tower, pedestal, pole, box, transmitting equipment, receiving equipment, power equipment or other equipment, system and device used to transmit, receive, produce or distribute via wireless, wire line, electronic, or optical signal for communication purposes.

(9) "Telecommunication facility provider" means any owner or operator of a telecommunication facility.

(10) "Utility" means privately, publicly, cooperatively, or municipally owned pipelines, facilities, or systems for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, petroleum products, cable television, water, sewer, steam, waste, storm water not connected with highway drainage, and other similar commodities, which directly or indirectly service the public, or any part thereof.

(11) "Wireless access" means access to and use of any part of a right-of-way or rights-of-way on, any highway of the interstate system for the purpose of constructing, installing, maintaining, using and operating telecommunication facilities for wireless telecommunications.

History

KEY: right-of-way, interstate highway system, telecommunications, longitudinal access
Date of Last Change: February 7, 2013
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-108; 72-7-109; 54-8b-1

Utah Admin. Code R907-64-4 Access Policy

(1) The department acknowledges that Federal and State Legislation, primarily the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 70 (Feb. 8, 1996) and Utah Code Section 54-8b-1, encourage competition in the provision of telecommunication services, and the development and deployment of advanced telecommunication technologies, infrastructure, and networks. These legislative initiatives in turn have increased demand for rights-of-way, including highway rights-of-way, for the installation of telecommunication facilities necessary to support increased competition and deployment of an advanced telecommunication infrastructure.

(2) The department also recognizes that longitudinal access and wireless access for telecommunication facilities may be provided without compromising interstate system integrity, safety, normal interstate system operation or maintenance activities, while contributing to the deployment and efficient operation of intelligent transportation systems.

(3) Therefore, effective on or after August 17, 1999, the department may allow longitudinal access and wireless access on highways of the interstate system for placement, construction, installation, maintenance, repair, use, operation, replacement and removal of telecommunication facilities, as authorized by Section 72-7-108 and subject to compliance with this rule. This rule applies only to longitudinal access and wireless access for telecommunication facilities on rights-of-way within the interstate system and does not alter the existing policy concerning other utilities on system rights-of-way, or for accommodating utilities on other facilities under the jurisdiction of the department.

History

KEY: right-of-way, interstate highway system, telecommunications, longitudinal access
Date of Last Change: February 7, 2013
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-108; 72-7-109; 54-8b-1

Utah Admin. Code R907-64-5 Limitations and Conditions

(1) Longitudinal and wireless access of telecommunication facilities shall be permitted only as approved by the department in accordance with the criteria and procedures set forth in this rule.

(2) In the interest of safety and preservation of the highway facility and pavement structure, the placement, installation, maintenance, repair, use, operation, replacement and removal of telecommunication facilities with longitudinal access or wireless access to the right-of-way of the interstate system shall be accommodated only when in compliance with Rule 930-7 Utility Accommodation.

(3) The department may consider financial and technical qualifications of telecommunication facility providers, and specify insurance requirements for contractors authorized to enter interstate system rights-of-way to construct, install, inspect, test, maintain or repair telecommunication facilities with longitudinal access or wireless access. When the department authorizes longitudinal access or wireless access for construction and installation, the department may require approved telecommunication facility providers to install telecommunication facilities into the same general location on the interstate system, coordinate their planning and work, install in a joint trench, and equitably share costs.

(4) Access to rights-of-way of the interstate system shall be administered in compliance with 47 U.S.C. 253 2005.

History

KEY: right-of-way, interstate highway system, telecommunications, longitudinal access
Date of Last Change: February 7, 2013
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-108; 72-7-109; 54-8b-1

Utah Admin. Code R907-64-6 Compensation

The department shall require compensation from a telecommunication facility provider under the provisions of Section 72-7-108 for longitudinal access or other use within the right-of-way of the interstate system consistent with R907-65-10, R907- 65-12 and R907-65-13.

History

KEY: right-of-way, interstate highway system, telecommunications, longitudinal access
Date of Last Change: February 7, 2013
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-108; 72-7-109; 54-8b-1

Utah Admin. Code R907-64-7 Permits and Agreements

In addition to the requirements of R930-7, a telecommunication facility provider shall be required to complete and sign an agreement with the department prior to obtaining a permit for construction or installation of telecommunication facilities in the right-of-way.

History

KEY: right-of-way, interstate highway system, telecommunications, longitudinal access
Date of Last Change: February 7, 2013
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-108; 72-7-109; 54-8b-1

Utah Admin. Code R907-64-8 Public Involvement

The department will advertise the Telecommunication Advisory Council public meeting whenever a permit for longitudinal access has been submitted to the department to access highway segments in the interstate system. This will allow other telecommunication providers opportunity to share joint placement of telecommunication facilities. Any interested parties may attend the public meeting to voice opinions to the Telecommunication Advisory Council as authorized by Section 72-7-108. The Telecommunication Advisory Council will assist the department in valuing in-kind compensation in accordance with 72-7- 108(3)(c).

History

KEY: right-of-way, interstate highway system, telecommunications, longitudinal access
Date of Last Change: February 7, 2013
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-108; 72-7-109; 54-8b-1

Utah Admin. Code R907-64-9 Removal and Relocation

Pursuant to Subsection 72-7-108(7)(c) the department shall require the removal or relocation of telecommunication facilities located on the interstate system to accommodate operations and highway projects at the telecommunication facility provider's expense. The department may require removal or relocation of such telecommunication facilities upon expiration or earlier termination of the permit or other agreements at the telecommunication facility provider's expense, in accordance with applicable law.

History

KEY: right-of-way, interstate highway system, telecommunications, longitudinal access
Date of Last Change: February 7, 2013
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-108; 72-7-109; 54-8b-1

R907-65 Compensation Schedule for Longitudinal Access to Interstate Highway Rights-of-Way for Installation of Telecommunications Facilities

Utah Admin. Code R907-65-1 Purpose

The purpose of this rule is to implement a compensation schedule for longitudinal access to the rights-of-way of the interstate system for installation and operation of telecommunications facilities. This Rule establishes the methodology and schedules for charging compensation in accordance with Subsection 72-7-108(3)(b). Subsection 72-7-108(3)(b) requires that the compensation be:

fair and reasonable;

competitively neutral;

nondiscriminatory;

open to public inspection;

established to promote access by multiple telecommunication facility providers;

established for zones of the state, with zones determined based upon factors that include population density, distance, numbers of telecommunication subscribers, and the impact upon private right-of-way users;

established to encourage the deployment of digital infrastructure within the state.

History

KEY: right-of-way, interstate highway system
Date of Last Change: November 16, 1999
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-7-108

Utah Admin. Code R907-65-2 Authority

Subsection 72-7-108(3)(c) states that the department shall establish a schedule of rates of compensation for longitudinal access granted under that section, and shall do so beginning October 1, 1999, and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

History

KEY: right-of-way, interstate highway system
Date of Last Change: November 16, 1999
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-7-108

Utah Admin. Code R907-65-3 Background

The department has conducted an analysis of right-of-way values for the interstate system using current market data on (1) Utah real property values differentiated by location (northern Utah (Salt Lake City/surrounding counties), central Utah (Provo/surrounding counties), and southern Utah (Cedar City/St. George/surrounding counties), population density (urban, rural) and land use (residential, commercial, industrial, agriculture) and (2) appraisal values from department land acquisitions. These data were applied to fifteen right-of-way segments of the interstate system that the department defined based on various factors, including but not limited to location, similarity of land use, population density and number of telecommunications subscribers. Segment land values were then calculated based on the relevant "across-the-fence" property values and the following core assumptions:

Land needed for longitudinal installations of telecommunications facilities, including a buffer zone, will generally be 6 feet in width.

Values for preassembled right-of-way for longitudinal access are 200% of values for non-assembled right-of-way.

Values for underground use of right-of-way for longitudinal access are 50% of values for ground level and aboveground use.

Upper and lower bound real property values establish a valuation range for each segment. Point estimates of segment land values are calculated at the 30th percentile within this range.

Segment land values (reported in $/ft 2 ) are converted to $/mile using the following formula:

Segment land value ($/mile) = Segment land value ($/ft 2 ) x 5,280 ft/mile x easement width (6 ft).

The fifteen segments were then grouped into five zones based on similarities in segment attributes and values. For example, the rural segments of I-15, I-70 and I-84 were grouped to create zone 1, while the urban segment of I-15 traversing Salt Lake City was grouped with I-215 to create zone 5. Similar groupings make up zones 2, 3 and 4. Through this process, the department defined five zones with a weighted average land value for each zone.

The department then determined annual lease valuation, as a rate of return on the land values for each zone, using current market data. The department determined that a 10% annual rate of return on investment represents a fair and reasonable compensation rate in current market conditions.

The department also received and considered recommendations on rates of compensation from the Utility in Highway Rights-of-Way Task Force pursuant to Section 6(2)(a) of S. B. 150.

History

KEY: right-of-way, interstate highway system
Date of Last Change: November 16, 1999
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-7-108

Utah Admin. Code R907-65-4 Definitions

The definitions of terms in R907-64-3 apply to the same terms used in this Rule. This Rule uses the following additional defined terms:

(1) "Land value" means the fair market value of land within the right-of-way of the interstate system as determined by the department under the core assumptions set forth in R907-65-3 and established for compensation purposes under R907-65- 6.

(2) "Rate of return" means the annual rate of return on investment, using land value, as determined by the department and established for compensation purposes under R907-65-7.

(3) "Zone" means a group of right-of-way segments of the interstate system as determined by the department and established for compensation purposes under R907-65-5.

History

KEY: right-of-way, interstate highway system
Date of Last Change: November 16, 1999
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-7-108

Utah Admin. Code R907-65-5 Compensation Zones

(1) Five zones of the State are established for purposes of determining land values and compensation rates for longitudinal access to the right-of-way of the interstate system.

(2) The five zones are:

Zone 1 - Segments traversing primarily rural, agricultural areas with low population density. The two primary segments in this zone are located south of Provo, extending to Arizona along I-15 and to Colorado along I-70. This zone also includes shorter segments of I-80 and I-84 bounded by the Wyoming and Nevada State lines respectively. Approximately 90% of this zone borders agricultural land.

Zone 2 - Segments traversing primarily sub-rural areas with low population density. Segments in this zone are located in the north-central, north-eastern and north-western regions of the State. Land usage is primarily agricultural (approximately 75%), with light pockets of industrial, commercial, and residential land usage.

Zone 3 - Segments traversing sub-rural/suburban land around the State's metropolitan areas with medium population density. Segments in this zone are located outside the Salt Lake City metropolitan area. Land usage is mixed; while agriculture still makes up the largest proportion of land usage, about one-third of the land is residential, and slightly less than one-third is commercial and industrial.

Zone 4 - Segments traversing suburban/urban areas with medium/high population density. Segments in this zone run on a north-south route on I-15 through the Salt Lake City metropolitan area. Land usage in this zone is mixed, with the greatest proportion categorized as industrial, followed by residential, then commercial, and small pockets of agricultural usage.

Zone 5 - Segments traversing the densely populated urban areas. Segments in this zone are located in and around Salt Lake City. Nearly half is categorized as residential, and the rest is split between industrial and commercial usage, with very small pockets of agricultural usage.

(3) The existing right-of-way of the interstate system is placed into the five zones as set forth in Table 1. Whenever new right-of-way is added to the interstate system, the department shall modify Table 1 to classify the new right-of-way into the applicable zone or zones and publish the modified Table 1.

(4) At least once every five years the department shall conduct an analysis to determine changes, if any, in the boundaries of zones based on demographic and market data, including but not limited to data on similarity of surrounding land uses, population density, distances and number of telecommunications subscribers. The department shall publish a modification to Table 1 whenever zone boundaries are changed.

TABLE 1

Compensation Zones

Reference Post

Zone/Segment (from -- to) Mileage

Zone 1 575

I-15: Payson South Int. to Arizona 252 -- 0 252

I-84: Tremonton to Idaho 43 -- 0 43

I-80: Wyoming to Silver Creek Int. 198 -- 148 50

I-70: Entire Route 0 -- 230 230

Zone 2 212

I-15: Idaho to Weber-Box Elder Co.

Line 404 -- 354 50

I-15: Springville Int. to Payson

South Int. 263 -- 252 11

I-84: Echo to SR-89 120 -- 88 32

I-84: SR-89 to I-15 88 -- 81 7

I-80: Magna Int. to Nevada 112 -- 0 112

Zone 3 50

I-15: Weber-Box Elder Co. Line to

Parish Lane Int. 354 -- 323 31

I-80: Silver Creek Int. to Mouth

of Parley's Canyon 148 -- 129 19

Zone 4 60

I-15: Parish Lane Int. to Salt

Lake-Utah Co. Line 323 -- 288 35

I-15: Salt Lake-Utah Co. Line to

Springville Int. 288 -- 263 25

Zone 5 47

I-80: Mouth of Parley's Canyon to

Magna Int. 129 -- 112 17

I-215: Entire Route 0 -- 30 30

History

KEY: right-of-way, interstate highway system
Date of Last Change: November 16, 1999
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-7-108

Utah Admin. Code R907-65-6 Land Values

(1) Land values for longitudinal access for telecommunications facilities are established, by zone, as set forth in Table 2. Whenever new right-of-way is added to the interstate system and a zone or zones are established for such new right-of-way under R907-65-5(3), the land value for such zone or zones set forth in Table 2 shall apply to such new right-of-way.

(2) At least once every five years, the department shall conduct a market analysis to determine the fair and reasonable values of the right-of-way of the interstate system for longitudinal access for telecommunications facilities. The department shall determine this value for each zone. The department shall publish a modification to Table 2 whenever the department completes a market analysis and determines that values of the right-of-way have changed.

(3) In determining land values, the department shall disregard any circumstance in which the department's interstate right-of-way is the only viable alternative for installing and operating telecommunications facilities between relevant geographic markets. The department shall adjust such values to those which would exist if another viable alternative existed for installing and operating comparable telecommunications facilities such that the department would not possess monopolistic market power in the subject location.

TABLE 2

Land Values ($/mile)

Zone Miles in Zone Weighted Average Land Value

Zone 1 575 $8,000

Zone 2 212 $22,000

Zone 3 50 $48,000

Zone 4 60 $80,000

Zone 5 47 $124,000

History

KEY: right-of-way, interstate highway system
Date of Last Change: November 16, 1999
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-7-108

Utah Admin. Code R907-65-7 Rate of Return

(1) An annual rate of return on land value of 10% is established for purposes of determining annual compensation rates for longitudinal access to the right-of-way of the interstate system.

(2) At least once every five years the department shall conduct an analysis to determine changes, if any, in the rate of return based on market data. The department shall publish a modification to the rate of return whenever the department completes a market analysis and determines that market rate of return has changed.

History

KEY: right-of-way, interstate highway system
Date of Last Change: November 16, 1999
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-7-108

Utah Admin. Code R907-65-8 Base Compensation Schedule

(1) The department shall charge compensation for longitudinal access for telecommunications facilities so that the department receives, on an annual basis, the rate of return on the value of land in each zone established under this Rule which is utilized for overhead, surface or underground installations of telecommunications facilities, subject to adjustment under R907-65- 10 and potential discount under R907-65-11.

(2) The compensation charged shall be set forth in the agreement between the department and the telecommunications facility provider pursuant to R907-64.

(3) The annual compensation to be paid by each telecommunications facility provider which enters into an agreement with the department for longitudinal access shall be determined under the following formulas:

Land values by zone are translated into annual compensation rates ($/mile) using the following formula:

Annual compensation rate per zone ($/mile) = zonal land value ($/mile)(from Table 2) x rate of return (currently 10%)

Total annual compensation shall then be calculated as follows:

Total annual compensation per zone = annual compensation rate per zone ($/mile) x # of miles accessed.

For telecommunications facility providers seeking a route that accesses multiple zones, the above calculations shall be made for each zone then summed to calculate total annual compensation for the requested access route.

History

KEY: right-of-way, interstate highway system
Date of Last Change: November 16, 1999
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-7-108

Utah Admin. Code R907-65-9 Compensation for Use of Department Conduit

(1) The land values set forth in Table 2 (and therefore the annual base compensation amounts) do not include the value of any spare conduit which the department owns. The department is authorized to offer use of and access to its spare conduit to telecommunications facility providers, provided the department determines the spare conduit is not and will not be needed for highway purposes and the department receives additional compensation for the use of and access to the spare conduit.

(2) Such additional compensation shall be fair and reasonable to the department and the telecommunications facility provider and shall be charged in a competitively neutral and nondiscriminatory manner to all similarly situated telecommunications facility providers. The department shall establish the amount of compensation for use of and access to the department's spare conduit by zone.

(3) Such additional compensation shall be subject to adjustment annually in the same manner as provided in R907- 65-10.

(4) At least once every five years the department shall conduct an analysis to determine changes, if any, in the value of its spare conduit. Whenever the department completes a market analysis and determines that value of its spare conduit has changed, the department shall apply its new values to each agreement thereafter executed by the department.

History

KEY: right-of-way, interstate highway system
Date of Last Change: November 16, 1999
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-7-108

Utah Admin. Code R907-65-10 Adjustments to Base Compensation Schedule for Annual Payments

(1) The base compensation schedule for each calendar year after a year in which the department determines land values under R907-65-6 shall be adjusted effective January 1 of each such calendar year (each an "adjustment date"). The adjustment shall be calculated by multiplying the base compensation amount for the immediately preceding calendar year by a fraction. The numerator of the fraction shall be the "All Items, Consumer Price Index for All Urban Consumers (CPI-U) for the

West (1982-84=100)," reported by the U.S. Department of Labor, Bureau of Labor and Statistics (BLS), published for the month of September immediately preceding the adjustment date in question. The denominator of the fraction shall be such index published for the next preceding month of September. The adjustment may result in an increase or decrease in the base compensation schedule.

(2) If the methodology for determining the index is changed by the issuer of the index, the department shall convert the index in accordance with the conversion factor published by the issuer of the index. If the index is discontinued or changed so that it is not practical to obtain a continuous measurement of price changes, the department shall replace the index with a comparable governmental index and apply the index chosen to all agreements which require annual adjustment to the base compensation.

(3) Except as provided in R907-65-11, each agreement for longitudinal access to the right-of-way of the interstate system with telecommunications facilities providers shall require that the rates of compensation during the first calendar year of the term of the agreement equal the base compensation schedule determined for that calendar year under this Rule (prorated if the term begins after January 1), taking into account any adjustments under R907-65-10(1).

(4) Except as provided in R907-65-11, each agreement for longitudinal access to the right-of-way of the interstate system with telecommunications facilities providers shall require an adjustment in the annual base compensation effective January 1 of each subsequent calendar year of the term (prorated for the last year of the term if it ends before December 31). The adjustment shall be calculated by multiplying the base compensation amount for the immediately preceding calendar year (annualized for partial calendar years during the term) by the fraction described in R907-65-10(1).

(5) It is the intent of this Rule that revisions to the base compensation schedule resulting from re-analysis of market conditions by the department pursuant to R907-65-5(4), R907-65-6(3), R907-65-7(2) and R907-65-9(4) shall apply only to agreements executed after the department completes and issues its revisions, and shall not apply to agreements executed prior to the revision. It also is the intent of this Rule that annual adjustments to the base compensation schedule due to inflation or deflation pursuant to R907-65-10(1) shall apply to every agreement under which annual compensation payments are required.

History

KEY: right-of-way, interstate highway system
Date of Last Change: November 16, 1999
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-7-108

Utah Admin. Code R907-65-11 Compensation Prior to Construction of Telecommunications Facilities

(1) The department may charge compensation for the period of time between execution of the agreement and completion of construction at rates which are discounted from the full annual compensation rates determined under R907-65-8, R907-65-9 and R907-65-10 including no compensation prior to commencement of construction. The department also may agree to the phasing of projects into clearly identified phases, with the compensation schedule structured based on the construction commencement and/or completion dates for each phase.

(2) If the department elects to discount compensation rates, it shall do so in a competitively neutral and nondiscriminatory manner for all similarly situated telecommunication facility providers.

History

KEY: right-of-way, interstate highway system
Date of Last Change: November 16, 1999
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-7-108

Utah Admin. Code R907-65-12 Lump Sum Monetary Compensation

(1) The department is authorized to enter into agreements for longitudinal access to the right-of-way of the interstate system with telecommunications facility providers which offer, in lieu of annual compensation, one or more lump sum payments of monetary compensation. The agreement shall set forth the lump sum payment or payments due.

(2) Lump sum payments shall be calculated to be equivalent, on a present value basis, to annual compensation payments which would be required under R907-65-8, R907-65-9, R-907-65-10 and R907-65-11 over the same time period as that covered by each lump sum payment.

(3) For purposes of determining lump sum monetary compensation for longitudinal access to the right-of-way of the interstate system, the department shall use a discount rate equal to the yield (in percent per annum) on Moody's seasoned Aaa Corporate Bonds, as reported by the Federal Reserve Board through the Federal Reserve Statistical Release. The yield on Moody's Aaa Corporate Bonds reported for the first full month immediately prior to the date an agreement for lump sum monetary compensation is executed by the department shall be the discount rate applied for purposes of determining the amount of such lump sum monetary compensation.

(4) Each telecommunications facility provider which is to pay monetary compensation shall have the right to choose whether to pay it in one lump sum determined according to this Rule R907-65-12 or to pay it in annual installments. Unless the department otherwise agrees in writing, this choice shall be made before the agreement is signed, and the agreement shall set forth the choice made.

History

KEY: right-of-way, interstate highway system
Date of Last Change: November 16, 1999
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-7-108

Utah Admin. Code R907-65-13 In-Kind Compensation

(1) The department is authorized to enter into agreements for longitudinal access to the right-of-way of the interstate system with telecommunications facility providers which offer, in lieu of or in addition to monetary compensation, in-kind compensation. In-kind compensation may include, without limitation, delivery to the department for its own uses and purposes of conduit, innerduct, dark fiber, access points, telecommunications equipment, telecommunications services, bandwidth and other telecommunications facilities. The agreement shall set forth the in-kind compensation.

(2) The department shall determine the present value of the in-kind compensation according to the methods set forth in R907-65-12. The department shall prepare an analysis setting forth its valuation at or before the time it executes the agreement. The valuation analysis need not be included in the agreement.

(3) The department shall value the in-kind compensation as follows:

(a) Facilities for Department Use Only. Electronic equipment, conduit, fiber and other telecommunications hardware and software contributed to the department shall be valued on a present value basis at the estimated, reasonable cost to the telecommunications facility provider of procuring and installing the same.

(b) Joint Trenching. The present value of the estimated, reasonable cost to the telecommunications facility provider of joint trenching for placing conduit, fiber and other facilities of both the provider (and its customers) and the department shall be proportionately allocated to the department as a component of the present value of the in-kind compensation. The proportion allocated to the department shall equal the total estimated, reasonable cost of the trenching work multiplied by a fraction. The numerator of the fraction shall equal the amount of conduit and innerduct space to be contributed to the department under the agreement. The denominator of the fraction shall equal the total amount of conduit space the telecommunications facility provider is authorized to install under the agreement. Single duct conduit space shall be measured using the planned diameter of the conduit. Multi-duct conduit space shall be measured by summing the planned diameters of each innerduct in the conduit.

(c) Other Jointly Used Facilities. The present value of the estimated, reasonable cost to the telecommunications facility provider of providing any other telecommunications facility which is shared jointly by the provider and the department shall be proportionately allocated to the department as a component of the present value of the in-kind compensation. The department shall determine the proportion to be allocated to the department based on the percentage of use or benefit to which each party will be entitled under the agreement.

(d) Warranties; Maintenance and Operating Covenants. The department shall determine the present value of equipment warranties, warranties of conduit, fiber or other components, software warranties, maintenance covenants and operating covenants based on the reasonable, estimated cost of purchasing such warranties, maintenance and operating contracts from manufacturers or other third parties (if not already included in the cost to purchase the equipment, conduit, fiber, other components or software).

(e) Summation of In-Kind Values. The total present value of the in-kind compensation shall be the sum of the present values determined under subsections (a) through (d) above.

(4) The department shall require annual or lump sum monetary compensation (determined according to the methods set forth in R907-65-12), in addition to the in-kind compensation, if the present value of the in-kind compensation is less than the present value of the annual monetary compensation the department would require over the term of the agreement under R907-65- 8, R907-65-9, R907-65-10 and R907-65-11. The amount of the annual or lump sum monetary compensation shall be the difference in such present values.

(5) The department may accept in-kind compensation with a present value in excess of the present value of annual monetary compensation payments which would be required under R907-65-8, R907-65-9, R907-65-10 and R907-65-11 if the telecommunications facility provider consents in writing and gives a written waiver and release of all claims and protections arising under federal or Utah law by reason of such excess value. The waiver and release shall be in form approved by the director.

(6) Before entering into an in-kind compensation agreement, the department shall obtain from the telecommunications facility provider its valuations of the in-kind compensation. The telecommunications facility provider may provide the department information on its costs in order to assist the department in determining in-kind compensation value. The department shall reasonably consider such valuation and cost information in making its determination, but is not bound by the valuation or cost information submitted.

History

KEY: right-of-way, interstate highway system
Date of Last Change: November 16, 1999
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-7-108

Utah Admin. Code R907-65-14 Multiple Providers in Same Trench

(1) If the department enters into an agreement with two or more telecommunications facility providers, or with a consortium or other entity whose members, partners, venturers or other participants are two or more telecommunications facility providers, or if the department requires two or more telecommunications facility providers to share a single trench, then the agreement(s) shall require that the telecommunications facility providers share the burden of the compensation owing to the department under the agreement(s) on a fair, reasonable and equitable basis, taking into consideration the proportionate uses and benefits to be derived by each telecommunications facility provider from the trench, conduits and other telecommunications facilities to be installed under the agreement(s).

(2) The foregoing does not limit the right of the department to require all the participating telecommunications facility providers to bear joint and several liability for the obligations owing to the department under the agreement(s).

(3) Any agreement which requires sharing of the burden of compensation owing to the department shall provide the department the right to review and audit the books, records and contracts of or among the participating telecommunications facility providers to determine compliance or lack of compliance with R907-65-14(1).

History

KEY: right-of-way, interstate highway system
Date of Last Change: November 16, 1999
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-7-108

R907-66 Procurement of Consultant Services - Procedures and Contract Administration

Utah Admin. Code R907-66-1 Authority and Purpose

(1) Authority. The Department of Transportation (the "Department") makes this rule under Subsections 63G-6a- 107.7(5) and 72-1-201(1)(h).

(2) Purpose. This rule establishes requirements and procedures for procuring engineering and engineering-related services, and administering the attendant contracts.

History

KEY: procurement, small purchases, design and engineering services
Date of Last Change: June 21, 2022
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6-105; 72-1-201

Utah Admin. Code R907-66-2 Definitions

The following definitions apply:

(1) "Brooks Act" means a commonly used term for the Federal Property and Administrative Services Act of 1949, Public Law 92--582, 86 Stat. 1278 (1972) and 40 U.S.C. Chapter 11, Sections 1101 through 1104.

(2) "Competitive negotiation" means any form of negotiation that utilizes qualifications-based procedures complying with the Brooks Act.

(3) "Consultant" means an individual expert or firm the Department contracts with to perform professional services as may be necessary to the planning, progress, and completion of any design, engineering, and engineering-related services.

(4) "Desk review" means a process that includes a limited-scope examination of a Consultant's original source financial documentation and communication to provide reasonable assurance the Consultant has not materially misstated costs, and the Consultant's financial documentation complies with FAR Part 31 and 2 CFR Part 200.

(5) "The Division" means the Consultant Services Division of the Department of Transportation.

(6) "Engineering," "the practice of engineering," and "professional engineering" mean the same as the terms are defined in Subsection 58-22-102(9)(a).

(7) "Engineering-Related Services" means other professional services, including project-related public involvement, right of way acquisition services, transportation research, asset management, prototype development, technology transfer, technical writing, or other services as deemed necessary by the executive director or designee.

(8) "FAR" means Federal Acquisition Regulations, Title 48, Code of Federal Regulations.

(9) "Federal-aid highway funds" means funds authorized by Congress to assist the Department in providing for the construction, reconstruction, and improvement of highways and bridges on eligible federal-aid highway routes and other special- purpose programs and projects.

(10) "Financial Screening" means the process performed by the Department's Consultant Services Division under 23 CFR 172.11 to review financial and entity data submitted annually by Consultants and subconsultants. This process will determine financial viability and establish or maintain the ability to contract with the Department for engineering and engineering-related services.

(11) The "Manual" means the Consultant Services Manual, which is maintained by the Department's Consultant Services Division. This Manual provides details beyond federal and state codes, federal regulations, and this rule.

(12) "Qualifications-based selection" or "QBS" means that procurement process defined in the Brooks Act, 40 U.S.C. Sections 1101 through 1104.

(13) "Risk Assessment" is the equivalent of Risk-based Analysis as defined in Subsection 23 C.F.R. 172.11(c)(2).

History

KEY: procurement, small purchases, design and engineering services
Date of Last Change: June 21, 2022
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6-105; 72-1-201

Utah Admin. Code R907-66-3 Qualifications-based Selection of Consultants for Design, Engineering and Engineering-related Services

The Department will perform qualifications-based selection procedures, including competitive negotiations to procure, manage, and administer contracts with Consultants and other professional services.

History

KEY: procurement, small purchases, design and engineering services
Date of Last Change: June 21, 2022
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6-105; 72-1-201

Utah Admin. Code R907-66-4 Incorporation by Reference of Applicable Federal Law

To receive grants of federal-aid highway funds, the Department must comply with applicable federal law. Therefore, the Department incorporates by reference the following federal regulations for both federal and state funded projects:

(1) 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

(2) FAR Part 31, Contract Cost Principles and Procedures.

(3) 23 CFR 1.11, Engineering Services.

(4) 23 CFR 1.33, Conflicts of Interest.

(5) 23 CFR 172, Procurement, Management, and Administration of Engineering and Design Related Service Contracts.

History

KEY: procurement, small purchases, design and engineering services
Date of Last Change: June 21, 2022
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6-105; 72-1-201

Utah Admin. Code R907-66-5 Prequalified Pools

The Division will establish pools of prequalified Consultants for various work disciplines to perform services for the Department following the Section 63G-6a-507 Approved vendor list procurement process.

History

KEY: procurement, small purchases, design and engineering services
Date of Last Change: June 21, 2022
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6-105; 72-1-201

Utah Admin. Code R907-66-6 Small Purchase Contracts

(1) Section 63G-6a-506 grants the Department authority to make rules governing small purchases of any procurement item.

(2) When procuring services of Consultants, the Division will follow the simplified acquisition threshold established by 48 CFR 2.101 as the small purchase maximum or small purchase cap for individual procurement of Consultant Services.

(3) The Division will publish detailed procedures to establish prequalified pools in the Manual or solicitations.

History

KEY: procurement, small purchases, design and engineering services
Date of Last Change: June 21, 2022
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6-105; 72-1-201

Utah Admin. Code R907-66-7 Non-Small Purchase Contracts

For contracts with an estimated value above the small purchase cap, the Department will select Consultants in accordance with 23 CFR Part 172, Title 63G, Chapter 6a, Part 15, Design Professional Services, the Manual, and the requirements set forth in the solicitation or request for qualifications.

History

KEY: procurement, small purchases, design and engineering services
Date of Last Change: June 21, 2022
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6-105; 72-1-201

Utah Admin. Code R907-66-8 Consultant Financial Screening and Auditing

(1) To provide reasonable assurance that the Consultant's presented Indirect Cost Rates, hourly billing rates, and direct costs comply with FAR Part 31 and 2 CFR Part 200, the Department will conduct risk assessments, desk reviews, and audits as necessary for Consultants seeking to perform design professional, engineering, or engineering-related services for the Department.

(2) Consultants must submit their firm's Financial Screening Application, including required supporting documents, within 90 days of their most recent fiscal year-end or 180 days if the Consultant submits a Certified Public Accountant audit. The Department may grant an extension at its sole discretion.

(3) If the Division rejects a Consultant's financial screening as non-compliant, the Consultant may request reconsideration by submitting a written request to the Department's Office of Internal Audit before the end of seven calendar days after receiving notice that the Consultant's financial screening has been rejected. The Consultant must provide notice to the Division before filing the request for reconsideration. The written request must include a detailed explanation of the facts justifying the request for reconsideration.

(4) The Department's Office of Internal Audit may conduct an audit to determine compliance with the requirements of this rule.

History

KEY: procurement, small purchases, design and engineering services
Date of Last Change: June 21, 2022
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6-105; 72-1-201

Utah Admin. Code R907-66-9 Competitive Contract Negotiations

(1) The Department will conduct competitive negotiations for contracts.

(2) The guidelines for Consultant selection and negotiations are in the project-specific solicitation or request for qualifications, and other guidelines established by the Division and published on the Department's website.

History

KEY: procurement, small purchases, design and engineering services
Date of Last Change: June 21, 2022
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6-105; 72-1-201

Utah Admin. Code R907-66-10 Award of Contracts

The Department will award a contract to the most highly qualified, responsive, and responsible Consultant with which it can negotiate a fair and reasonable cost under the Utah Procurement Code, 23 C.F.R. Part 172, and under the Manual and other guidelines and policies established by the Department.

History

KEY: procurement, small purchases, design and engineering services
Date of Last Change: June 21, 2022
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6-105; 72-1-201

Utah Admin. Code R907-66-11 Execution of Contracts

Funding must be approved, and all appropriate signatures applied before the contract is considered executed.

History

KEY: procurement, small purchases, design and engineering services
Date of Last Change: June 21, 2022
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6-105; 72-1-201

Utah Admin. Code R907-66-12 Notice to Proceed

The Department will not pay for any work:

(1) the Department has not authorized in writing;

(2) the Consultant performs before the Department has an effective, fully executed contract with the Consultant; or

(3) the Consultant performs before the Department authorizes the Consultant to begin work by issuing a notice to proceed or similar writing.

History

KEY: procurement, small purchases, design and engineering services
Date of Last Change: June 21, 2022
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 63G-6-105; 72-1-201

R907-67 Suspension and Debarment of Contractors from Work on Department Projects

Utah Admin. Code R907-67-1 Authority and Purpose

(1) Section 72-1-201 grants the department authority to make rules for the administration of the department, state transportation systems, and programs. Section 63G-6a-904 grants the department authority to make rules pertaining to the suspension and debarment of contractors and consultants.

(2) This rule establishes the reasons and a process for the department to debar or suspend a contractor from responding to a solicitation or performing work on a department project.

History

KEY: debar, transportation, contractors, suspension
Date of Last Change: August 23, 2023
Notice of Continuation: June 23, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R907-67-2 Definitions

(1)(a) "Contractor" means a business, person, or other entity who is or may be seeking to perform work on a department project.

(b) "Contractor" includes a consultant, sub-consultant, owner, director, manager, officer, and fiscal agent of a prime contractor, a subcontractor, or a joint venture.

(2) "Department project" means a project the department administers or a project for which the department has responsibility or oversight.

(3) "Deputy director" means the department's deputy director of engineering and operation.

(4) "Solicitation" means the same as that term is defined in Section 63G-6a-103.

History

KEY: debar, transportation, contractors, suspension
Date of Last Change: August 23, 2023
Notice of Continuation: June 23, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R907-67-3 Debarment of Contractors from Work on Department Projects -- Reasons

The department may debar a contractor from performing work on a department project or responding to a solicitation if the department concludes there is substantial evidence that one or more of the following factors is present:

(1) a conviction of or a civil judgment for:

(a) a commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction;

(b) a violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and solicitation rigging;

(c) a commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or

(d) a commission of another offense indicating a lack of business integrity or business honesty that seriously and directly affects present responsibility;

(2) a violation of the terms of a public agreement or transaction so serious as to affect the integrity of an agency program, such as:

(a) a willful failure to perform in accordance with the terms of one or more public agreements or transactions;

(b) a history of failure to perform or of unsatisfactory performance of one or more public agreements or transactions; or

(c) a willful violation of a statutory or regulatory provision or requirement applicable to a public agreement or transaction;

(3) a debarment or a suspension by a state, federal, or local governmental entity, including a debarment or a suspension of:

(a) the contractor;

(b) a stockholder of more than 5% of the available stock of the contractor;

(d) a person or a business affiliated with the contractor;

(4) one or more instances of knowingly doing business with a person ineligible to work or conduct business in the United States;

(5) a failure to pay a single substantial debt, or several outstanding debts, including disallowed costs and overpayments, owed to a state agency or instrumentality;

(6) a violation of a material provision of a settlement of a debarment or suspension action;

(7) a violation of a provision of the Drug-Free Workplace Act of 1988, 41 U.S.C. 701;

(8) a violation of Title 29 USC Chapter 15, the Occupational Safety and Health Act of 1970, Title 34a, Chapter 6, the Utah Occupational Safety and Health Act, 23 CFR Part 655, Subpart F, the Manual on Uniform Traffic Control Devices for Streets and Highways, or concomitant rules or regulations;

(9) a public admission of conduct constituting a crime related to a solicitation or contract;

(10) a falsification of information or submission of deceptive or fraudulent statements in connection with prequalification, responding to a solicitation, or performing a contract;

(11) one or more instances of collusion with others to perform work on a department project that ostensibly satisfied disadvantaged business enterprise goals or requirements through something other than bona fide disadvantaged business enterprises in a combination of individuals, firms, or corporations;

(12) one or more instances of unsatisfactory performance on a previous or current department project, including:

(a) failing to comply with the contract;

(b) failing to complete work on time;

(d) requiring reduced pay for completed work;

(e) performing non-specification work or using non-specification materials; or

(f) failing to provide adequate safety measures and appropriate traffic control and thereby endangering the safety of the workforce or the public;

(13) a questionable moral integrity as determined by the department, the United States Attorney General, the Utah Attorney General, or the attorney general of another state;

(14) a failure to reimburse the state or a local government for money owed on a previously awarded contract, including contracts where the contractor is a party to a joint venture and the joint venture has failed to reimburse the state or a local government for money owed; or

(15) a department determination that the public health, welfare, or safety requires debarment or suspension.

History

KEY: debar, transportation, contractors, suspension
Date of Last Change: August 23, 2023
Notice of Continuation: June 23, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R907-67-4 Procedures for Debarment

(1)(a) To determine whether a contractor should be debarred, the department will follow Rule R907-1.

(b) The notice of agency action described in Rule R907-1 must set forth the amount of time being sought as a debarment period.

(2)(a) A conviction or plea of guilty, nolo contendere or the equivalent, a plea agreement, settlement, or issuance of a consent judgment that requires the contractor to make a payment to a public entity for an offense related to an activity listed in Section R907-67-1 is sufficient to support debarment without additional evidence being offered.

(b) An acquittal or dismissal of charges does not require the department to dismiss a notice of agency action concerning debarment.

History

KEY: debar, transportation, contractors, suspension
Date of Last Change: August 23, 2023
Notice of Continuation: June 23, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R907-67-5 Status Pending Debarment

(1) If the contract between the department and the contractor allows for the period of debarment to begin immediately upon service of the notice of agency action or within 15 days of service, debarment begins on the date provided for by the contract.

(2) If the contract is silent, debarment begins 30 days after service of the notice of agency action unless the deputy director determines emergency action is necessary, in which case debarment begins upon service.

(3) If the contractor files a request for review under Rule R907-1, debarment is stayed pending completion of the administrative review.

(4) In accordance with Section R907-67-4, the deputy director may suspend a contractor from consideration for the award of contracts, including contracts awarded under Section 63G-6a-507, until the administrative review is complete.

History

KEY: debar, transportation, contractors, suspension
Date of Last Change: August 23, 2023
Notice of Continuation: June 23, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R907-67-6 Suspension from Consideration for Award of Contracts - Indictments

(1)(a) If the deputy director determines there is probable cause that a contractor has engaged in activity that would, if true, lead to debarment under this rule, the deputy director may suspend the contractor from consideration for award of contracts.

(b) A contractor who is suspended may not bid on or respond to a solicitation for a department contract.

(c) A suspension may last for no more than three months unless an indictment has been issued, the department is conducting an administrative review to determine whether the contractor should be debarred, or the Utah Attorney General has filed an information alleging that the contractor has engaged in criminal activity that would, if true, lead to debarment under this rule.

(d) If an indictment has been issued or an Information filed, a suspension shall last until completion of the contractor's trial and its right to appeal expires or the dismissal of charges.

(2) Before a suspension period expires, the deputy director shall review the relevant facts, determine if another suspension period is warranted, and if the department should initiate an agency action for debarment.

(3)(a) A conviction or plea of guilty, nolo contendere or the equivalent, a plea agreement, settlement or issuance of a consent judgment that requires the contractor to make a payment to a public entity for an offense related to an activity listed in Section R907-67-1 is sufficient to support suspension without additional evidence being offered.

(b) An acquittal or dismissal of charges does not require the department to dismiss a suspension notice.

History

KEY: debar, transportation, contractors, suspension
Date of Last Change: August 23, 2023
Notice of Continuation: June 23, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R907-67-7 Length of Debarment

(1)(a) Except as provided in this Subsections (1)(a) and (b), and Subsection R907-67-7(1)(b), the department shall debar a contractor found to have committed an act listed in Section R907-67-1 for a term of not less than six months and no more than three years.

(b) If a basis for debarment is an alleged criminal occurrence or conviction and the contractor has, as part of a sentence or plea agreement, agreed not to bid on public works for more than three years, then the department may extend the debarment to fit the terms of the sentence or plea agreement.

(c) The department may debar a contractor for longer than three years if the presiding officer of an agency action or the department determines good cause exists to debar the person for a more extended period.

(2) To determine the specific period, the department will evaluate the following:

(a) degree of culpability;

(b) restitution to the state;

(d) disassociation with those involved in the crimes and active cooperation in prosecuting others involved in the crimes.

(3) Suspension and debarment do not absolve the contractor of responsibility to perform existing contracts, even if the contractor needs to find another company, firm, or individual who can perform in the contractor's place.

(4) The department also retains the right to declare a suspended or debarred contractor in default on an existing contract if allowed by the contract.

History

KEY: debar, transportation, contractors, suspension
Date of Last Change: August 23, 2023
Notice of Continuation: June 23, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R907-67-8 Right to Request Reconsideration

The contractor may make a request for reconsideration as provided under Rule R907-1.

History

KEY: debar, transportation, contractors, suspension
Date of Last Change: August 23, 2023
Notice of Continuation: June 23, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201

R907-80 Disposition of Surplus Land

Utah Admin. Code R907-80-1 Authority and Purpose

The Department of Transportation makes this rule pursuant to Sections 72-5-111, 72-5-117, 72-5-404, 78B-6-520.3, and 78B-6-521, which authorize the executive director to prescribe the terms and conditions for the sale or exchange of surplus right of way and to make rules to ensure that the value of the real property is consistent with the proposed price and other terms of the purchase, sale, or exchange. Property or property interests that involve federal requirements must be sold or exchanged in accordance with the requirements of 23 C.F.R. Section 710.409.

History

KEY: surplus land, negotiated exchanges, public sales auctions, negotiated sales
Date of Last Change: April 9, 2025
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 72-5-117; 72-5-111; 72-5-404

Utah Admin. Code R907-80-2 Definitions

(1) "Appraisal" means the same as it is defined in Subsection 61-2G-102(1)(a).

(2) "Bidder" means a person who offers to pay a certain amount of money in exchange for title to an interest in real or personal property the department offers for sale.

(3) "Confirmable Delivery Method" means any method of delivering documents that provides a way to confirm they were delivered to the intended party or location.

(4) The "Department" means the Utah Department of Transportation.

(5) The "Director" means the Executive Director of the Utah Department of Transportation or the Executive Director's designee.

(6) "First right of refusal" means the same as "right of first refusal" and "right of first consideration."

(7) "Minimum acceptable selling price" means a price established by the department based upon the market value of the property as established by an appraisal or other means; plus, costs associated with preparing the property for and executing the sale, such as the costs of advertising, appraising, performing environmental assessments, and processing the transaction.

(8) As used in this rule, "surplus land," "surplus property," or "land" means an estate in real property to which the department is the owner and the director has declared to be surplus.

(9) The "Transportation Commission" or "Commission" means the Utah Transportation Commission.

(10) A "Utah Public Entity" means a political subdivision of the state, an agency of the state, a county, a municipality, or a special services district of the state, a county, or a municipality.

History

KEY: surplus land, negotiated exchanges, public sales auctions, negotiated sales
Date of Last Change: April 9, 2025
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 72-5-117; 72-5-111; 72-5-404

Utah Admin. Code R907-80-3 Sales or Exchange Initiation Process

In determining the appropriateness of a parcel of surplus land for sale or exchange, the department may consider nominations by interested parties. Such a nomination shall in no way obligate the department to the interested party making the nomination.

History

KEY: surplus land, negotiated exchanges, public sales auctions, negotiated sales
Date of Last Change: April 9, 2025
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 72-5-117; 72-5-111; 72-5-404

Utah Admin. Code R907-80-4 Methods of Sale

(1) The department may sell land or other assets using one of the following methods :

(a) a public sale mail and live auction pursuant to Section R907-80-7;

(b) a negotiated sale pursuant to Section R907-80-10;

(d) a public sale online, or web-based auction pursuant to Section R907-80-8.

(2) The department will execute sales and exchanges pursuant to Section R933-1-4.

History

KEY: surplus land, negotiated exchanges, public sales auctions, negotiated sales
Date of Last Change: April 9, 2025
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 72-5-117; 72-5-111; 72-5-404

Utah Admin. Code R907-80-5 Notice to Local Jurisdiction Before Public Sale

(1) For the purposes of this section:

(a) "Local government" means a county or a municipality.

(b) "Government entity" means a state agency, local government, transit district, or any other political subdivision of the state.

(2)(a) Before conducting a public auction described in Section R907-80-7, the department shall provide no less than 60 days written notice of the intent to proceed with a public auction to the local government with planning and zoning jurisdiction over the land to be sold at the auction.

(b) The notice described in Subsection (2)(a) shall:

(i) reference this rule;

(ii) provide a general description of the land to be sold at the auction; and

(iii) be sent to the chief executive of the local government.

(d) The notice requirements of this Subsection (2) do not apply to:

(i) real property that the department exchanges for another real property; or

(ii) real property the department transfers to another government entity.

(3)(a) If the local government that received the notice described under Subsection (2) would like to purchase the land identified in the notice, the department and the interested local government may enter into a real estate purchase agreement as provided in this Subsection (3) as long as they enter that agreement within 60 days of the date when the notice described in Subsection (2) was delivered.

(b) As part of the real estate purchase agreement, the local government shall agree to:

(i) provide a refundable earnest money deposit equal to 3% of the agreed-upon sales price of the land;

(ii) subject to Subsection (3)(c), complete all requirements necessary to finalize the purchase of the land within 180 days of signing the agreement;

(iii) pay a purchase price equal to market value established by an appraisal or other means approved by the department; and

(iv) pay for closing costs and other administrative costs associated with purchasing the land.

(c)(i) As determined by the department, the real estate purchase agreement may be extended for up to 180 days if the local government provides a non-refundable earnest money deposit that totals 5% of the agreed-upon sales price of the land.

(ii) A real estate purchase agreement may only be extended once.

(d) If a local government fails to extend the real estate purchase agreement as provided under Subsection (3)(c), the department shall:

(i) void the real estate purchase agreement; and

(ii) refund the earnest money deposit made under Subsection (3)(b)(i)(A).

(4) If the department does not enter into a real estate purchase agreement as described in this section or the department voids a real estate purchase agreement as described in Subsection (3)(d), the department may proceed with selling the property at public auction as provided in this rule.

History

KEY: surplus land, negotiated exchanges, public sales auctions, negotiated sales
Date of Last Change: April 9, 2025
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 72-5-117; 72-5-111; 72-5-404

Utah Admin. Code R907-80-6 Public Sale Notice and Advertising - Mail and Live Auctions

(1) The department may notify the public about the sale of surplus property by commercially feasible methods, including publication of a notice in one or more newspapers of general circulation in the county in which the sale is proposed at least 15 days before the deadline to submit bids pursuant to the requirements of Section R907-80-7.

(2) The notice and any associated advertising will include a general description of the parcel including township, range, and section, and any other information that may create interest in the sale. The department must also identify the desired form of payment.

(3) The department may advertise public sales using any other methods the director has determined may increase the potential for additional competition at the sale.

History

KEY: surplus land, negotiated exchanges, public sales auctions, negotiated sales
Date of Last Change: April 9, 2025
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 72-5-117; 72-5-111; 72-5-404

Utah Admin. Code R907-80-7 Public Sale - Mail and Live Auctions

Public sales, mail, and live auctions will be conducted as follows:

(1) The Comptroller's Office of the department will accept sealed bids by any means of delivery until 5 P.M. the day before the auction.

(2) The officer conducting the auction will accept sealed bids by personal delivery on the day of the auction up until the beginning of the auction.

(3) A sealed bid must contain deposit funds in an amount determined and advertised by the department, as required by Section R907-80-4 to purchase the subject property. The department may require this deposit to consist of certified funds. Bids and bid deposits must be a specified dollar amount. The department has the right to reject any bid however submitted.

(4) The department may require buyers who have defaulted on certificates of sale in the past to make larger deposits or submit sealed bids in the form of certified funds even if such a requirement is not contained in the notice of sale.

(5) The officer conducting the auction will open sealed bids after declaring that the auction has started. After determining which sealed bid is highest, the officer will allow bidders willing to bid more than the highest sealed bid received to participate in live bidding.

s (6) Bids, whether sealed or live, constitute a valid offer to purchase. An attempt to withdraw a sealed bid after the first sealed bid has been opened, or an attempt to withdraw or amend a live bid may result in the forfeiture of the bid deposit and any other remedy afforded the department at law or equity.

(7) At the conclusion of the auction and subject to the terms of Section R907-80-8, the successful bidder must sign a written offer agreement prepared by the department that states the terms included in the public sale notice.

(8) If the successful bidder defaults on the offer agreement, or otherwise fails to meet the requirements of Section R907-80-12, and upon approval by the director, the property may be offered for sale to the person whose bid was second highest at the auction provided that the terms of the sale meet or exceed the minimum acceptable selling price established for the subject property. The second highest bidder will have 30 days from the date of the department's offer to submit the purchase price balance plus costs required by Subsection R907-80-10(5).

(9) Third parties owning authorized improvements on the parcel at the time of the sale will be allowed 90 days from the date of the sale to remove the improvements. This provision will not apply when such improvements are permitted under a valid existing right of record when such right survives the sale of the parcel, or the improvements are subject to a separate lease agreement.

History

KEY: surplus land, negotiated exchanges, public sales auctions, negotiated sales
Date of Last Change: April 9, 2025
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 72-5-117; 72-5-111; 72-5-404

Utah Admin. Code R907-80-8 Online or Web-based Public Sale Auctions

The department may establish an online or web-based application to use in conducting public sale auctions. The department may subscribe to or use a commercially available online or web-based service to use in conducting public sale auctions, or it may subscribe to or use an online or web-based service provided by a public entity for conducting public sale auctions. The director must provide written approval to use the online or web-based application or service the department uses for public sale auctions. For good cause, the director may disqualify a party from participating in the online auction to maintain the integrity of the bidding process. An example of good cause is when a party has previously participated in an auction and failed to perform its obligations as the winning bidder.

History

KEY: surplus land, negotiated exchanges, public sales auctions, negotiated sales
Date of Last Change: April 9, 2025
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 72-5-117; 72-5-111; 72-5-404

Utah Admin. Code R907-80-9 First Right of Refusal

(1) If the department does not use any portion of a parcel of property it acquires from a private party for transportation purposes, the department must allow the original grantor an opportunity to repurchase the property at the original purchase price to the grantor before the department may sell the parcel of property to another buyer as required by Section 72-5-111.

(a) The department must send a written offer by certified mail to the original grantor at the original grantor's last known address, to sell the acquired property to the original grantor at the department's acquisition price.

(b) The original grantor of the parcel of property may assign this first right of refusal to another person before the department may sell the parcel of property to another buyer. The original grantor or the assignee must notify the department of an assignment of the first right of refusal by certified mail to the current office address of the executive director.

(c) The original grantor or the assignee must accept the department's offer by certified mail within 90 days of the date the original grantor receives the department's offer. If the department does not receive an acceptance of its offer within the 90 days, it is free to sell or exchange the parcel to someone other than the original buyer or assignee.

(d) The original grantor or the assignee may waive, in writing, the first right of refusal at any time.

(2) The department must offer to sell property or an interest in property that it acquired by condemnation or threat of condemnation to the original grantor before it may sell to another buyer as required by Sections 72-5-111 and 78B-6-521.

(a) The department will offer the holder of this first right of refusal the opportunity to purchase the property or property interest for a price equal to the highest offer received at auction plus costs associated with preparing and bringing to auction the property or property interest.

(b) The department may, but is not required to contact the holder of this first right of refusal of its decision to sell at auction the property or property interest to provide the holder an opportunity to purchase the property or property interest for an amount equal to the appraised value plus costs associated with preparing the property or property right for sale or waive the right by providing the department a written waiver.

(c) Should the holder refuse to accept the department's offer to sell or waive the right, the department will contact the holder as soon as reasonably possible after the auction ends and offer the property or property interest to the holder for a price equal to the highest offer received at auction plus associated costs.

(d) The holder of the right will have 90 days to accept or assign the offer to another buyer. Assigning the right will not extend the 90 days allowed to accept the offer.

(e) If the holder of the right does not accept or assign the department's offer within the 90 days, the department is free to sell the property or property interest to the highest bidder.

(f) If the holder accepts the department's offer, the holder must close the purchase in accordance with Section R907- 80-14, and any other pending offer or contract on which the department's offer is based becomes void.

History

KEY: surplus land, negotiated exchanges, public sales auctions, negotiated sales
Date of Last Change: April 9, 2025
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 72-5-117; 72-5-111; 72-5-404

Utah Admin. Code R907-80-10 Negotiated Sales, Justifications, Procedures, and Public Notice

(1) The department may dispose of surplus land by negotiated sale when the director determines such a sale is in the public interest of the state and the department, as set forth in Subsection R907-80-10(1)(e). The department may sell surplus land or other property by negotiated sale if:

(a) the buyer is a Utah public entity, and the property is being transferred for public use, said public use to be established through one of the following methods:

(i) by a written finding presented to the department by the public entity's chief executive that the property will be used for a road, other transportation or transit facility, including bicycle paths and sidewalks, a transportation reinvestment zone created pursuant to Section 11-13-227, a public building or grounds, or a public park; or

(ii) by resolution declaring the proposed use of the land qualifies as a valid public use, said resolution to be approved by a public vote by the public entity's governing body at an open meeting after notice to at least adjoining landowners who shall have the opportunity to comment on the proposed public use before the public vote;

(b) the buyer of the surplus land also owns adjoining land, but only if the department determines that competition for the purchase of the surplus land is not likely;

(c) the surplus land comprises an easement, and said easement is being released to the owner of the fee simple estate that is subject to the easement;

(d) the surplus land is being transferred to a public utility, as defined in Section 72-6-116, to provide utility services to the public; or

(e) the director, where any designee of the executive director of the department may only be a deputy director of the department determines a negotiated sale is in the public interest of the state and the department after considering at least the following factors: (1) the needs of the department for proceeds from surplus sales; (2) the likelihood of competition to purchase the parcel if sold through public means; (3) any additional costs to the department associated with a sale by other means; (4) the price to be paid by the buyer; (5) whether there are any public benefits expected from a negotiated sale that could not be achieved by a public sale; and (6) any other factor the director determines is relevant to a public interest determination.

(f) Any negotiated sale carried out pursuant to this rule must be for an established minimum acceptable selling price, unless the land is to be sold to a public entity for a road or park, in which case it may be sold for a lesser amount or at no cost if a clause is placed into the deed that specifies title will revert to the department if the property ceases to be used for the purpose stated in the deed.

(2) The department may list, or contract with an agent or broker to list for sale a property or property interest on a commercial listing service if the director determines doing so is in the best interest of the state. The department will utilize a standard procurement process to select an agent or broker.

(3) In the event a party submits a competing offer or offers to purchase the property from the department, the department must evaluate the offer or offers and accept the offer that best serves the interests of the state and the department after consideration of the factors identified in Subsection (1)(e). If the department receives multiple offers, the director may determine the best interests of the state and the department require the department to request the best and final offers from offerors. A written justification statement that articulates the reasoning used to determine the offer that best serves the interests of the state, and the department must be a part of negotiated sales files.

(4) The department may require a buyer of surplus land purchased through a negotiated sale to reimburse the department for costs incurred in preparing the parcel for sale. These costs may include costs for advertising, appraisal, environmental assessments, and a sale processing charge.

History

KEY: surplus land, negotiated exchanges, public sales auctions, negotiated sales
Date of Last Change: April 9, 2025
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 72-5-117; 72-5-111; 72-5-404

Utah Admin. Code R907-80-11 Negotiated Exchanges

(1) The department may exchange real property for other real property with a Utah Public Entity, an individual, a business, a private enterprise, or a not-for-profit organization.

(2) Exchanges may be made to acquire land the department needs for highway use in compliance with the approval requirements of Subsection 72-5-111(1)(c).

(3) Real property exchange transactions are not subject to competitive solicitation procedures.

(4) Exchanges of surplus real property must comply with state law. Exchanges of real property involving the department and a Utah public entity must follow the requirements of the Interlocal Cooperation Act, Sections 11-13-101 through 11-13-608.

(5) The financial consideration received for any real property exchange to an individual, business, private enterprise, or not-for-profit organization must be equal to or higher than the current market value of the department's real property, as determined by any reasonable means.

(6) Real property received in an exchange must be free from liens, encumbrances, and clouds on title unless the director determines after review that accepting the property is in the best interests of the state. The director's justification for accepting property with a lien, encumbrance, or cloud on title must be in writing.

History

KEY: surplus land, negotiated exchanges, public sales auctions, negotiated sales
Date of Last Change: April 9, 2025
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 72-5-117; 72-5-111; 72-5-404

Utah Admin. Code R907-80-12 Contracts of Sale or Exchange

(1) The department will prepare and deliver a contract of sale to the buyer following a public auction sale or upon concurrence of the parties in a negotiated sale or an exchange. This contract must contain the legal description of subject property or properties, and include:

(a) information regarding the amount paid or the values of the properties exchanged;

(b) the identities of buyer of the land or the entity or entities participating in the exchange with the department;

(d) any other terms, covenants, deed restrictions, or conditions the department considers appropriate.

(2) Buyers or persons participating in a property exchange must execute contracts of sale or exchange and return them to the department within 20 days from the date the department delivers the contract. If the department does not receive the contract within the 20-day period, the department will send notice by a confirmable delivery method to the buyer or exchanging party giving notice that after 10 days the transaction may be canceled with monies received by the department, including any deposit made, will be forfeited to the department. Notification of this forfeiture provision must accompany the transmittal of the contract.

(3) The department reserves the right to cancel a sale or exchange of surplus land for any reason before execution of the contract by the director.

(4) The department will issue a quit claim deed to the appropriate person upon payment in full or amounts owed to the department and surrender of the original contract of sale or exchange for any tract of land sold or exchanged.

History

KEY: surplus land, negotiated exchanges, public sales auctions, negotiated sales
Date of Last Change: April 9, 2025
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 72-5-117; 72-5-111; 72-5-404

Utah Admin. Code R907-80-13 Competition Protection

(1) Collusion between bidders or between a bidder and an employee or agent of the department to affect a public sale auction is prohibited. Anyone having reason to believe that a public sale auction conducted under this rule may have been affected by collusion between bidders or between one or more bidders and an employee or agent of the department must report that information to the attorney general as soon as reasonably possible.

(2) Should an adjudicative body determine that collusion intended to affect a public sale auction conducted under this rule has occurred, the resulting sale will be voidable by the department.

History

KEY: surplus land, negotiated exchanges, public sales auctions, negotiated sales
Date of Last Change: April 9, 2025
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 72-5-117; 72-5-111; 72-5-404

Utah Admin. Code R907-80-14 Closings

(1) Auction sales, negotiated sales, or negotiated exchanges must go through this closing process.

(2) Transactions must be closed within 60 days after the date of the contract unless good cause exists to delay the closing. Information intended to show that good cause that warrants delaying a closing exists must be provided in writing to the director within 30 days after the date of the contract. The director must determine if good cause to delay exists.

(3) A minimum of 3% security deposit on a negotiated sale will be required to be held in escrow.

(4) If closing does not complete within 60 days after the date of the contract, the deposit money becomes non- refundable if the director decides good cause to delay does not exist.

(5) If closing is not complete within the 60 days after the date of the contract and the director determines that good cause to delay does not exist, the buyer still wishes to buy the property, and the department agrees to allow the buyer more time to complete the purchase, the buyer must provide an additional 7% security deposit to the department to be held in escrow and the parties will have an additional 30 days after the date of the contract to close.

(6) If the buyer does not provide the additional 7% security deposit required by Subsection R907-80-13(5) within five business days after the date the department agrees to allow the buyer more time to complete the purchase, the purchase contract is voidable by the department, and the department may contact the next highest bidder who will then have an opportunity to purchase the property.

(7) If closing is not complete within the additional 30 days allowed by Subsection R907-80-13(5), deposit money becomes non-refundable, the contract becomes voidable by the department and the department may provide the next highest bidder an opportunity to purchase the property.

(8) The director has the authority to extend the time frames allowed to close a transaction if the director determines that doing so serves the public interest of the state.

(9) The closing of a real property transaction may be conducted at a title company provided the buyer pays for related costs. If a title company is used for closing, the department will instruct the company to record the deed, and after recording, send it to the Department of Transportation, Director of Right of Way.

(10) Only the director may sign closing papers, real property contracts, or deeds.

History

KEY: surplus land, negotiated exchanges, public sales auctions, negotiated sales
Date of Last Change: April 9, 2025
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 72-5-117; 72-5-111; 72-5-404

Utah Admin. Code R907-80-15 Sale or Exchange Involving a Large Public Transit District

(1) As used in this Section R907-80-15, the following definitions apply:

(a) "Fixed guideway capital development" means the same as that term is defined in Section 72-1-102;

(b) "Large public transit district" means the same as that term is defined in Section 17B-2a-802.

(2) Notwithstanding this rule, the department may provide for the sale or exchange of real property, with or without charge, to a large public transit district if the director determines that the real property:

(a) is within the boundaries of a station area that has a station area plan certified by a metropolitan planning organization in accordance with Section 10-9a-403.1;

(b) is part of a transit-oriented development or transit-supportive development as defined in Section 17B-2a-802;

(d) will only be used by the large public transit district in a manner that the director determines will provide a benefit to the state transportation system.

(3)(a) Before selling or exchanging land under this Section R907-80-15, the department and the large public transit district will enter into an agreement to state the terms of the sale or exchange.

(b) The director must approve and sign the agreement described in Subsection R907-80-15(2)(a).

(c) Any agreement described in Subsection R907-80-15(2)(a) shall include provisions the director determines necessary to ensure the real property is used for the purposes outlined in Section 72-5-117 and the agreement.

(4) Notwithstanding contrary provisions in Rule R907-80, this Section R907-80-15 applies to the department's real property whether or not the real property is surplus.

History

KEY: surplus land, negotiated exchanges, public sales auctions, negotiated sales
Date of Last Change: April 9, 2025
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 72-5-117; 72-5-111; 72-5-404

R909 Motor Carrier

R909-1 Safety Regulations for Motor Carriers

Utah Admin. Code R909-1-1 Authority and Purpose

The department makes this rule under Section 72-9-103 to enable the department to enforce the Federal Motor Carrier Safety Regulations as contained in Title 49, Code of Federal Regulations related to the operation of a motor carrier within the state, as required by Section 72-9-301.

History

KEY: trucks, transportation safety, implements of husbandry
Date of Last Change: June 23, 2026
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-104; 72-9-101; 72-9-301; 72-9-303; 72-9-701; 72-9-703

Utah Admin. Code R909-1-2 Definitions

"Intrastate commercial vehicle" means the same as that term is defined in Section 72-9-102.

History

KEY: trucks, transportation safety, implements of husbandry
Date of Last Change: June 23, 2026
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-104; 72-9-101; 72-9-301; 72-9-303; 72-9-701; 72-9-703

Utah Admin. Code R909-1-3 Adoption of Federal Regulations

(1) Safety Regulations for Motor Carriers, 49 CFR Parts 350 through 384, Part 385.4, Parts 387 through 399, and Part 40, as amended by the Federal Register through June 22, 2023, are incorporated by reference, except for 49 CFR Parts 391.11(b)(1) and 391.49 as they apply to intrastate drivers only. Therefore, these requirements apply to a motor carrier as defined in 49 CFR Part 390.5, and intrastate commercial motor carriers as defined in Subsection 72-9-102(3), excluding passenger vehicles designed to transport 12 or fewer passengers, including the driver, and have a manufacturer's gross vehicle weight rating or gross combination weight rating of less than 13,000 pounds.

(2) An intrastate trucking operation in which the carriers operate double trailer combinations only is not required to comply with 49 CFR Part 380.203(a)(2).

(3) Exceptions to Part 391.41, Physical Qualification may be granted under the Department of Public Safety Rules, Driver's License Division, Section 53-3-303.5 for intrastate drivers under Rule R708-34.

(4) A driver involved wholly in intrastate commerce shall be at least 18 years old, unless they are transporting placarded amounts of hazardous materials or carrying 16 or more passengers, including the driver, in which case they must be at least 21 years old.

(5) A licensed childcare provider operating a passenger vehicle with a seating capacity of not more than 30 passengers, wholly in intrastate commerce, is exempt from 49 CFR Part 387 Subpart B but is subject to the minimum coverage requirements in Section 72-9-103.

History

KEY: trucks, transportation safety, implements of husbandry
Date of Last Change: June 23, 2026
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-104; 72-9-101; 72-9-301; 72-9-303; 72-9-701; 72-9-703

Utah Admin. Code R909-1-4 Insurance for Private Intrastate or Interstate Motor Carriers

(1) "Private Motor Carrier" means a person who provides transportation of property or passengers by commercial motor vehicle and is not a for-hire motor carrier.

(2) Each intrastate private motor carrier must have a minimum amount of $750,000 liability.

(3) Each interstate and intrastate for-hire and private motor carriers transporting any quantities of oil listed in 49 CFR 172.101; hazardous waste, hazardous material, and hazardous substances defined in 49 CFR 171.8, must have a $1,000,000 minimum level of financial responsibility, and an MCS-90 endorsement maintained at the principal place of business.

History

KEY: trucks, transportation safety, implements of husbandry
Date of Last Change: June 23, 2026
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-104; 72-9-101; 72-9-301; 72-9-303; 72-9-701; 72-9-703

Utah Admin. Code R909-1-5 Implements of Husbandry

"Implements of Husbandry" is defined in Subsection 41-1a-102(23) and must comply with Title 41, Chapter 6a, Traffic Code. Vehicles meeting this definition are exempt from 49 CFR Part 393 - Parts and Accessories Necessary for Safe Operations.

History

KEY: trucks, transportation safety, implements of husbandry
Date of Last Change: June 23, 2026
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-104; 72-9-101; 72-9-301; 72-9-303; 72-9-701; 72-9-703

Utah Admin. Code R909-1-6 Adoption of Federal Regulations for Motor Carriers Transporting Hazardous Materials or Hazardous Wastes

The Department incorporates by reference Safety Regulations for Motor Carriers Transporting Hazardous Materials or Hazardous Wastes, 49 CFR, Sub-Chapter C, Parts 107, 171, 172, 173, 177, 178, 179, and 180. This rule applies to all private, common, and contract carriers by highway in commerce.

History

KEY: trucks, transportation safety, implements of husbandry
Date of Last Change: June 23, 2026
Notice of Continuation: July 6, 2026
Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-104; 72-9-101; 72-9-301; 72-9-303; 72-9-701; 72-9-703

R909-2 Utah Size and Weight Rule

Utah Admin. Code R909-2-1 Purpose and Applicability

The purpose of this rule is to protect and preserve Utah's highway infrastructure, enhance safety, and facilitate commerce. Commercial motor vehicle operators and motor carriers engaged in the movement of over-dimensional and overweight vehicles and loads must comply with this rule.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-2 Authority

This rule is enacted under the authority of Sections 41-1a-231, 41-1a-1206, 72-1-201, 72-7-402, 72-7-404, 72-7-406, 72-7-407, 72-9-301, and 72-9-502.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-3 Definitions

(1) "Appurtenance" has the same meaning as defined in 23 CFR Part 658, and Section 72-7-402.

(2) "Articulated vehicle" means two or more vehicles that are connected by a joint that can pivot.

(3) "Automobile transporter" means any vehicle combination designed and used for the transport of assembled highway vehicles, including truck camper units. An automobile transporter will not be prohibited from transporting cargo or general freight on a backhaul, so long as it complies with weight limitations for a truck tractor and semitrailer combination.

(4) "Bridge formula" means the formula described in 23 U.S.C. 127(a)(2), incorporated by reference, and Section 72- 7-404, which is a bridge protection formula used by federal and state governments to regulate the amount of weight that can be put on each of a vehicle's axles, or the number of axles, and the distance between the axles or group of axles must be to legally carry a given weight.

(5) "Cargo or cargo carrying length" means the total length of a combination of trailers or loads measured from the foremost of the first trailer or load to the rearmost of the last trailer or load, including coupling devices.

(6) "CSA" means the Compliance, Safety, Accountability program administered by the Federal Motor Carrier Safety Administration, where they work together with state partners and industry to further reduce commercial motor vehicle crashes, fatalities, and injuries on our nation's highways.

(7) "Commercial vehicle" has the same meaning as defined in Section 72-9-102.

(8) "Daylight" means one-half hour before sunrise and one-half hour after sunset.

(9) "Department" means the Utah Department of Transportation.

(10) "Divisible load" means a load that can reasonably be dismantled or disassembled and does not meet the definition of non-divisible as defined in this section.

(11) "Division" means the Motor Carrier Division.

(12) "Drawbar" means the connection between two vehicles, one of which is towing or drawing the other on a highway.

(13) "Dromedary unit" means a box, deck, or plate mounted behind the cab and forward of the fifth wheel on the frame of the power unit of a truck tractor-semitrailer combination.

(14) "Emergency vehicle" means a vehicle designed to be used under emergency conditions: to transport personnel and equipment; and to support the suppression of fires and mitigation of other hazardous situations.

(15) "Fixed axle" means an axle that is not steerable, self-steering, or retractable.

(16) "Flagger" means a person who is trained to direct traffic using signs or flags to aid the over-dimensional load or vehicles in the safe movement along the highway as designated on the over-dimensional load permit.

(17) "Freeway" means a divided highway facility with full control of access and two or more lanes for the exclusive use of through traffic in each direction. A freeway includes a highway that is part of the interstate system and SR-201 from I-80 to 7200 West.

(18) "Full trailer" means a vehicle without motive power designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle.

(19) "High-risk motor carrier" means a motor carrier that is:

(a) above the threshold in the Crash or Fatigue or Unsafe BASIC that is greater than or equal to 85%, plus one other BASIC at or above the "all other" motor carrier threshold; or

(b) a motor carrier with any four or more BASICs at or above the "all other" motor carrier threshold.

(20) "Highway" means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way.

(21) "Implement of husbandry" means every vehicle designed or adapted or used exclusively for an agricultural operation and only incidentally operated or moved upon the highways.

(22) "Incidental" means transportation that occurs occasionally or by chance but does not exceed a distance of 20 miles.

(23) "Interstate system" means any highway designated as interstate.

(24) "Laden" means carrying a load on a vehicle or combination of vehicles.

(25) "Longer combination vehicle" or "LCV" means a combination of trucks, truck tractors, semitrailers, and, trailers that exceed legal dimensions and operate on highways by permit for transporting divisible loads.

(26) "Longer combination vehicle authority" means authorization given to a specific company to exceed standard permitted length allowances for vehicle configuration on pre-approved routes.

(27) "Manufactured home" means a transportable factory-built housing unit constructed on or after June 15, 1976, in one or more sections, and designed to be used as a dwelling with or without a permanent foundation if connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

(28) "Manufactured mobile home" means a transportable factory-built housing unit built before June 15, 1976, in accordance with a state mobile home code that existed before the Federal Manufactured Housing and Safety Standards Act.

(29) "Motor carrier" has the same meaning as the phrase defined in Section 72-9-102.

(30) "MVR" means motor vehicle record.

(31) "MUTCD" means Manual on Uniform Traffic Control Devices.

(32) "Multi-trip" means two or more daily trips or a minimum of ten weekly trips in the proximity of a port of entry.

(33) "Natural gas vehicle" means the vehicle's engine is fueled primarily by natural gas.

(34) "Non-divisible" means any load or vehicle exceeding applicable length, width, height, or weight limits which, if separated into smaller loads or vehicles, would:

(a) compromise the intended use of the load or vehicle, making it unable to perform the function for which it was intended;

(b) destroy the value of the load or vehicle; or

(c) requires more than eight work hours to dismantle using appropriate equipment. The applicant for a non-divisible load permit has the burden of proof as to the number of work hours required to dismantle the load.

(35) "Non-divisible bridge table formula" means the formula 1.47 x 500 (LN / (N-1) + 12N + 36), where variables L and N have the same meaning as described in 23 U.S.C. 127(a)(2) and Section 72-7-404.

(36) "Out-of-service" means a condition where a motor vehicle, because of mechanical condition or loading, is considered imminently hazardous and likely to cause an accident or breakdown; or where a driver's violation renders a commercial vehicle operator unqualified to drive.

(37) "Pole trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by a reach, or pole, or by being boomed or otherwise secured to the towing vehicle and is ordinarily used for transporting long or irregular shaped loads such as poles, pipes, or structural members generally capable of sustaining themselves as beams between the supporting connections.

(38) "Port of entry bypass permit" means a permit that allows a motor carrier to bypass a designated port of entry.

(39) "Quad axle group" means a group of four consecutive fixed axles.

(40) "Recreational vehicle" means a vehicle or vehicles that are driven solely as a family or personal conveyance for non-commercial purposes.

(41) "Retractable axle" means an axle that can be mechanically raised and lowered by the driver of the vehicle, but which may not have its weight-bearing capacity mechanically regulated.

(42) "Saddle mount" means a truck or tractor towing other vehicles with the front axle of each towed vehicle mounted on top of the frame of the preceding vehicle or vehicles.

(43) "Secondary highway" means routes not designated as interstate or freeways. Two-lane, two-way highways are synonymous with secondary highways.

(44) "Semitrailer" means every vehicle without motive power designed for carrying property and for being drawn by a motor vehicle and constructed so that some part of its weight and its load rests on or is carried by another vehicle.

(45) "Special event" means the movement of an over-dimensional load or vehicle.

(46) "Special mobile equipment" or "SME" means the same as that term is defined in Section 41-1a-102.

(47) "Special truck equipment" or "STE" means a vehicle by nature of design that cannot meet the non-divisible weight allowances, such as concrete pump trucks, well boring trucks, or cranes with a lift capacity of five or more tons.

(48) "Spread axle" means two single axles that exceed 96 inches apart.

(49) "Stinger-steered" means a truck tractor semitrailer wherein the fifth wheel is located on a drop frame located behind and below the rearmost axle of the power unit.

(50) "Tandem axle" means two axles spaced not less than 40 inches nor more than 96 inches apart and having at least one common point of weight suspension.

(51) "Tillerman or Steerman" means an individual who steers any axle of an articulated trailer.

(52) "Towaway trailer transporter combination" means a combination of vehicles consisting of a trailer transporter towing unit and two trailers or semitrailers as inventory that does not exceed a total weight of 26,000 pounds.

(53) "Trailer transporter towing unit" means a power unit that is not used to carry property if operating in a towaway trailer transporter combination.

(54) "Tridem axle" means any three consecutive axles whose extreme centers are not more than 144 inches apart, and are individually attached to or articulated from, or both, a common attachment to the vehicle, including a connecting mechanism designed to equalize the load between axles.

(55) "Triple trailer" means a tractor and three trailers of approximately equal length.

(56) "Truck" means any self-propelled motor vehicle, except a truck tractor, designed or used for the transportation of property, laden or un-laden.

(57) "Truck tractor" means a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load that is drawn.

(58) "Trunnion axle" means an axle configuration with two individual axles mounted in a transverse plane, with four tires on each axle.

(59) "Trunnion axle group" means two or more consecutive trunnion axles that are attached to the vehicle by a weight- equalizing suspension system and whose consecutive centers are more than 40 inches, but not more than 96 inches apart.

(60) "UCR" means Unified Carrier Registration.

(61) "Unladen" means a vehicle is not carrying a load.

(62) "Variable load suspension axle" or "VLS axle" means an axle that can be adjusted mechanically to various weight-bearing capacities and can also be mechanically raised and lowered.

(63) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-4 Legal Size Vehicle Dimensions

(1) Maximum legal vehicle dimensions, laden and un-laden, that may be operated without special permits on Utah highways:

(a) height: 14 feet;

(b) width: eight feet six inches; and

TABLE 1

Legal Size Vehicle Dimensions

Vehicle

Maximum Length

Comments

Truck tractor

45'

Measured from bumper to bumper.

Straight truck

45'

Measured from bumper to bumper.

Semitrailer

53'

Measured from bumper to bumper.

Full trailer

53'

Measured from bumper to bumper.

Truck, tractor, and double trailer

61'

Measured from the front of the first trailer to the rear of the second trailer. Tractor is not included in the measurement.

Truck, tractor, and triple trailer

61'

Measured from the front of the first trailer to the rear of the third trailer. Tractor is not included in the measurement.

Truck and single trailer

65'

Measured from bumper to bumper.

Truck and two trailers

65'

Measured from bumper to bumper.

Non-commercial RV

65'

Measured from bumper to bumper.

Stringer steered

80'

Measured from bumper to bumper.

Dromedary plus trailer

65' *

Measured from bumper to bumper. A dromedary unit is considered a truck trailer configuration whether laden or unladen.

Saddle mount

97'

Measured from furthest extremities to the front and rear. Maximum of one power unit, three saddle mount vehicles, and one full mount.

Drawbar

15' **

Measured from box to box or frame to frame.

Front overhang

3' ***

Measured from the front of the power unit.

Rear overhang

Measured from the rear of the bed or body of the vehicle.

The maximum length is 75' when a dromedary plus trailer is hauling Class 1 munitions on interstates, US highways, and reasonable access routes.

** The 15' maximum length does not apply in the case of a connection between two vehicles transporting poles, pipe, machinery, or structural material that cannot be dismembered when transported upon a pole trailer.

*** The maximum length is 4' when a stinger steer is in use.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-5 Legal Weight Limitations

(1) Except as otherwise provided in this section, operating a vehicle that exceeds the maximum gross and axle weight limitations described in Table 2 is prohibited.

TABLE 2

Maximum Gross and Axle Weight Limitations

Axles

Weight

Single Wheel

10,500 pounds

Single Axle

20,000 pounds

Tandem Axle

34,000 pounds

Tridem Axle

Must comply with the bridge formula

Gross Vehicle Weight

80,000 pounds

(2) An overweight permit must be obtained to authorize any exception to the maximum weight limitations described in Table 2.

(3) The weight limitation described in Table 2 does not apply to a covered heavy-duty tow and recovery vehicle.

(4) Emergency vehicles may exceed the weight limits described in Table 2 with the following limitations:

(a) 24,000 pounds on a single steering axle;

(b) 33,500 pounds on a single-drive axle;

(d) 52,000 pounds on a tandem rear drive steer axle; and

(e) 86,000 pounds gross vehicle weight.

(5) A vehicle fueled primarily by natural gas or powered primarily by electric battery power may exceed any vehicle weight limit, up to a maximum gross vehicle weight of 82,000 pounds, by any amount that is equal to the difference between:

(a)(i) the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle; or

(ii) the weight of the vehicle attributable to the electric battery power system; and

(b) the weight of a comparable diesel tank and fueling system.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-6 Tire Load Provisions

(1) The load of a tire may not exceed the load rating as indicated by the manufacturer on the sidewall of the tire.

(2) When determining the maximum tire load for an axle or axle group, the division shall base the calculation on the load rating of the lowest-rated tire in the relevant axle or axle group.

(3) The division shall separately calculate the maximum tire load for each VLS axle.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-7 Axle Provisions

(1) No more than three fixed axles may be allowed in any truck and trailer combination.

(2) Vehicles with variable load axles are limited as follows:

(a) retractable or variable load suspension axles installed after January 1990 must be self-steering provided however, variable load suspension axles that are within 60 inches of a drive axle or are within 60 inches of a trailer axle, need not be self- steering;

(b) no axle in a group with a retractable or VLS axle may exceed legal or bridge formula weight requirements, or the manufacturer's tire rating; and

(c) controls for raising or lowering retractable or VLS axles may be located in the cab of the power unit. The pressure regulator valve must be positioned outside of the cab and be inaccessible from the driver's compartment.

(3)(a) A motor carrier carrying a non-divisible load may apply for an approved permit that provides an exemption from the this section.

(b) When operating a vehicle or combination of vehicles equipped with VLS axles with a permit described under Subsection (3)(a), a motor carrier shall engage the VLS axles.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-8 General Oversize or Overweight Provisions

(1) Except when entering on Northbound I-15 at the St. George Port of Entry, Westbound I-80 at the Echo Port of Entry, and Eastbound I-80 at the Wendover Port of Entry, the appropriate permit must be obtained before operating within Utah.

(2) Each oversized or overweight permit must be carried in the vehicle or combination vehicles and may be in paper or electronic format.

(3) The conditions that must be met to obtain an oversized or overweight permit are:

(a) the motor carrier complies with the financial responsibility obligations;

(b) the vehicle or vehicles must be properly registered;

(d) the motor carrier complies with the Federal Motor Carrier Safety Regulations;

(e) the motor carrier complies with the Hazardous Material Regulations; and

(f) the motor carrier complies with the Unified Carrier Registration, or UCR, as required.

(4) Length limitations do not apply to vehicles or combinations of vehicles operated at night by a public utility if required for emergency repair of public service facilities or properties.

(5) The applicant or permittee, as a condition for obtaining an oversized permit, must assume responsibility for crashes, including injury to any person or damage to public or private property caused by their operations.

(6) The applicant or permittee must agree to indemnify and hold harmless the department from claims resulting directly or indirectly from the operation and transportation of vehicles or a combination of vehicles operating under an oversized or overweight permit.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-9 Transfer or Revision of Permits

(1) The division may transfer permits from one vehicle to another up to two times per permit for a fee under the following conditions:

(a) annual and semi-annual permits may be transferred to another unit within a company;

(b) the customer has sold or purchased a vehicle;

(d) the vehicle has become disabled.

(2) If a permit is transferred, the division shall issue a transfer permit that has the same expiration date as the original permit.

(3) The division may only revise the start date of a single-trip permit if:

(a) the revision is made before the original start date of the permit; and

(b) the need for the revision is due to:

(i) mechanical issues with the vehicle or combination of vehicles that is on the permit; or

(ii) a weather delay.

(4) The division may not revise an expired permit.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-10 Permit Revocation, Suspension, and Confiscation

(1) Violations of any permit that may result in the revocation, suspension, or confiscation of the permit include:

(a) speeding or driving faster than the posted speed limit or the speed indicated on the permit;

(b) lane travel;

(d) load securement;

(e) violations of the Federal Motor Carrier Safety Regulations; and

(f) violations of the Hazardous Material Regulations.

(2) Before a vehicle can be moved, it must be legal, properly permitted, and the out-of-service violations corrected.

(3) Patterns of non-compliance at a motor carrier level may result in the following actions:

(a) civil penalties;

(b) suspension or revocation of permit privileges; or

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-11 Weather Travel Restrictions

(1) For divisible loads, no motor carrier may operate a longer combination vehicle LCV, a tractor-trailer combination more than 81 feet cargo carrying length, or a truck and two-trailer combination more than 92 feet measured bumper to bumper when the following conditions exist:

(a) wind more than 45 mph;

(b) any accumulation of snow and ice on the roadway; or

(2) For non-divisible loads, no motor carrier may operate an oversize vehicle or load more than 10 feet wide, 105 feet long, and 10 feet front or rear overhang when the following conditions exist:

(a) any accumulation of snow and ice on the roadway; or

(b) visibility is less than 1,000 feet.

(3) The requirements of this section supersede any other conflicting provisions of this rule.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-12 Curfew Congestion Restrictions

(1) Unless otherwise authorized, travel is prohibited for loads or vehicles more than 12 feet wide, 105 feet overall length, and 14 feet 6 inches in height, Monday through Friday between 6 a.m. and 9 a.m. and between 3:30 p.m. and 6 p.m. mountain time on the following highways:

(a) highways south of Perry Willard Interchange, I-15, Exit #357;

(b) highways in Weber, Davis, and Salt Lake Counties;

(d) SR 68, North of milepost 16 in Utah County;

(e) I-80 East side of Salt Lake County Exit 140 to Exit 99 on the West side of Salt Lake County; and

(f) I-84 west of milepost 94.

(2) The division may authorize exceptions to the curfew congestion restrictions based on emergency situations on a case-by-case basis.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-13 Holiday Travel Restrictions

(1) Travel is prohibited for loads more than 12 feet wide, 105 feet overall length, and 14 feet 6 inches in height during the following holidays:

(a) Christmas Day;

(b) New Year's Day;

(d) Independence Day;

(e) Labor Day; and

(f) Thanksgiving Day.

(2) Holiday restrictions begin at 2 p.m. the day before the holiday and extend to sunrise the day after the holiday.

(3) Monday holidays and Monday observed holiday restrictions begin at 2 p.m. through midnight on the Friday before the holiday. Normal travel may resume from sunrise on Saturday through Sunday at midnight. Monday holiday restriction continues at 12:01 a.m. on Monday and ends Tuesday at sunrise.

(4) The division may authorize exceptions to the holiday travel restriction based on emergency situations on a case-by- case basis.

(5) The division may prohibit the movement of oversized loads during days of anticipated high traffic volume, such as those that occur during other holidays, weather conditions, or special events.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-14 Travel Provisions and Restrictions -- Escorts -- Lighting - Exceptions

(1)(a) As specified in Table 3 and this Subsection (1), a motor carrier shall be accompanied by a pilot or police escort.

(b) A motor carrier shall follow the most stringent requirement that applies in Table 3.

(c) The number of police escorts required is determined by the Utah Highway Patrol and is based on the area, time, difficulty of travel, and applicable state and local rules, laws, and ordinances.

(d) For an overhang greater than 20 feet, a motor carrier shall have a pilot escort vehicle positioned to the front for front overhangs and to the rear for rear overhangs.

(e) The division may require a motor carrier to have more pilot and police escorts than required by Table 3.

(f) A tow truck towing vehicles may travel outside daylight hours without a certified pilot escort if the total length is 120 feet or less and the total width is 10 feet or less.

(g) The escort requirements in this section apply only to non-divisible loads.

Table 3

Load Dimensions Requiring Pilot and Police Escorts

Daylight Hours on a Freeway

Daylight Hours on a Secondary Highway

Non-Daylight

Hours on a

Freeway

Non-Daylight Hours on a Secondary Highway

Greater than:

14' in width; or

120' in length; or

20' of overhang

1 pilot escort

Greater than:

12' in width; or

105' in length; or

20' of overhang

1 pilot

12' to 14' in width

1 pilot escort

Up to 12' in width

1 pilot escort

Greater than:

16' in width; or

16' of height

2 pilot escorts

Greater than:

14' in width; or

120' in length; or

16' of height

2 pilot escorts

Greater than:

14' in width; or

105' in length; or

14'6" of height; or

10' of overhang

Not authorized during non-daylight hours

Greater than:

12' in width; or

105' in length; or

14'6" of height; or

10' of overhang

Not authorized during non-daylight hours

Greater than:

20' in width; or

175' in length; or 17'6" of height

2 pilot escorts and at least 2 police escorts

Greater than:

17' in width; or

175' in length; or 17'6" of height

2 pilot escorts and at least 2 police escorts

Greater than:

14' in width; or

105' in length; or

14'6" of height; or

10' of overhang

Not authorized during non-daylight hours

Greater than:

12' in width; or

105' in length; or

14'6" of height; or

10' of overhang

Not authorized during non-daylight hours

(2) During non-daylight hours, motor carriers are required to have additional lighting as follows:

(a) any load must have marker lights indicating extreme width using amber lights on the front and side and red lights to the rear;

(b) loads exceeding 92' in overall length shall have lighting every 25 feet;

(c) front or rear overhang exceeding 20 feet from the front or rear bumper of a vehicle, or from the center of the closest axle in the absence of a bumper, must have a rotating or flashing beacon visible from a minimum of 500 feet, and must be displayed at a minimum height of four feet above ground;

(d) tow vehicle headlights must be operated on low beam, day or night, as an additional warning to traffic;

(e) front overhang of more than three feet shall be marked with a steady, amber marker light; and

(f) rear overhang exceeding four feet shall be marked with red clearance lights.

(3)(a) If the division determines that extenuating circumstances apply, the division may authorize exceptions to this section or require additional safety measures.

(b) Any exceptions authorized by the division shall be noted on the permit.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-15 Oversized Divisible Load Provisions

(1) In accordance with Table 4, the division may issue an oversized permit for moving a divisible load with a vehicle or combination of vehicles exceeding the legal limits under the following conditions:

(a) the height of the vehicles or load does not exceed 14 feet 6 inches;

(b) the width of the vehicles or load does not exceed eight feet six inches;

(c) in multiple trailer combinations, a lighter trailer may not be placed in front of a heavier trailer when the weight difference is greater than 4,000 pounds; and

(d) drawbars exceeding 15 feet in length must:

(i) be marked with retro-reflective tape on half of the entire length of the drawbar on both the left and right sides of the drawbar;

(ii) have an amber light that is:

(A) visible from both the right and left sides of the drawbar;

(B) located near the center of the drawbar; and

(e) The division may not prohibit a towaway trailer transporter combination of less than 82 feet from traveling on the national network as defined by 23 C.F.R. 658.

TABLE 4

Permitted Dimensions for a Divisible Load

Vehicle

Length

Truck Tractor

Not permittable

Straight Truck

Not permittable

Semitrailer

57'

Full Trailer

57'

Tractor Double Trailer

81'

Tractor Triple Trailer

81'

Truck and Trailer

88'

Truck and two trailers

92'

Non-commercial RV

88'

Stinger Steered

Not permittable

Dromedary plus trailer

Not permittable

Saddle mount

Not permittable

Draw Bar

15'

Height

14'6"

Width

Not permittable

Front overhang

Not permittable

Rear overhang

Not permittable

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-16 Oversize Non-Divisible Load Provisions

(1) A permitted vehicle or combination of vehicles carrying a non-divisible load must comply with the following conditions:

(a) vehicles and loads must be reduced to the minimum practical dimensions;

(b) semi-annual and annual permits may be issued for dimensions up to, but not exceeding:

(i) 14 feet 6 inches in height;

(ii) 14 feet 6 inches in width; and

(iii) 105 feet in length.

(2) Exceptions may be granted by the division for annual permitted vehicles that carry loads exceeding the dimensions identified in this section.

(3) Bulldozer blades, loader buckets, or similar equipment exceeding 16 feet in width must be removed for transport and may be hauled on the same load with the machinery after removal.

(4) Loads or vehicles exceeding 17 feet in width on two-lane routes, 20 feet in width on interstates, or 17 feet 6 inches in height on public highways may be allowed under the following terms and conditions:

(a) the permittee must notify the division by submitting a permit application online of the dimensions of the oversized vehicle or load and the proposed route to be used;

(b) the division will notify the department region or district permit official affected by the proposed route, and will obtain authorization for the move;

(c) the permittee must request authorization through the online system at least two business days in advance of the movement;

(d) a permit is not valid until the permittee has assumed the cost and responsibility to obtain utility company authorizations and clearances; and

(e) the permittee will assume all costs when a certified police escort or escorts are required.

(5) Tow trucks may purchase a semi-annual or annual non-divisible oversize permit up to 10 feet wide and 165 feet in length. Loads exceeding 10 feet wide and 165 feet long shall purchase a single-trip permit.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-17 Oversize Non-Divisible Load Signing and Flag Requirements

(1) Non-divisible oversize loads exceeding 10 feet in width, 14 feet 6 inches in height, or 105 feet in length must display an "OVERSIZE LOAD" sign to warn the motoring public that extra-large vehicles are in operation. Signs must:

(a) be 7 feet by 18 inches;

(b) have a yellow background with 10-inch-high black letters that are painted with a 1 5/8 inches wide stroke to read: "OVERSIZE LOAD";

(d) have front signs mounted on the front bumper or on top of the vehicle cab with letters presented toward the front of the vehicle;

(e) have rear signs positioned at the rearmost part of the vehicle or load as feasible, ensuring in cases that the load does not obstruct the view of the sign;

(f) if possible, have the bottom edge of the sign be positioned not more than 5 feet above the road surface;

(g) be mounted with adequate supporting anchorage, constructed, maintained, and displayed so that they are always clearly legible;

(h) be covered, removed, or placed face down when the vehicle is not engaged in an oversized movement; and

(i) oversized load signs are not required on LCVs.

(2)(a) When transporting a non-divisible load, a red or orange flag must be affixed on the extremities when:

(i) a vehicle or load exceeds ten feet in width; or

(ii) the overhang of a load exceeds three feet to the front or four feet to the rear of the bed or body of the vehicle while in operation.

(b)(i) Each flag must be completely clean and may not be torn, faded, or worn out.

(ii) Each flag must be fastened in a way that allows the flag to wave freely.

(iii) Flagging is not required on LCVs.

(3) Tow trucks that exceed 120 feet in length are required to:

(a) display one sign on the rearmost end of a towed vehicle;

(b) the sign must have a yellow background with 10-inch-high black letters that are painted with a 1 5/8 inches wide stroke to read: "IN-TOW LONG LOAD"; and

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-18 Convoys

(1) The movement of more than one permitted vehicle is allowed, provided prior authorization is obtained from the division, with the following conditions:

(a) the number of permitted vehicles in the convoy must not exceed two;

(b) vehicles or loads may not exceed 12 feet wide or 150 feet overall length;

(d) distance between convoys must be a minimum of one mile;

(e) convoys must have a certified pilot escort in the front and rear with proper signs;

(f) police escorts or department personnel may be required;

(g) convoys must meet lighting requirements; and

(h) convoys are restricted to freeway and interstate systems.

(2) The division may authorize exceptions to the convoy restrictions based on emergency situations on a case-by-case basis.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-19 Trailers More Than 53 to 57 Feet in Length

Trailers exceeding 53 feet but not to exceed 57 feet may acquire a single-trip, semi-annual, or annual permit.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-20 Longer Combination Vehicles

(1) Motor Carriers operating longer combination vehicles must apply and be approved to operate on a freeway in this state.

(2) The division may authorize a motor carrier to operate an LCV with cargo or cargo carrying length as provided in this section.

(3)(a) The division may only permit an LCV for dimensions provided in Table 5.

(b) An LCV may not be used to transport a non-divisible load with a width greater than 8 feet 6 inches or a height greater than 14 feet 6 inches.

(4) An LCV is subject to any other travel conditions provided in this rule that apply to a cargo or cargo carrying length of more than 81 feet.

(5) An LCV may not operate on secondary highways unless pre-approved by the division.

TABLE 5

Permitted Dimensions for LCV

Vehicle

Length

Truck Tractor

Not permittable

Straight Truck

Not permittable

Semi Trailer

Not permittable

Full Trailer

Not permittable

Tractor Double Trailer

81-95'

Tractor Triple Trailer

81-95'

Truck and Trailer

88-92'

Truck and two trailers

88-95'

Non-commercial RV

Not permittable

Stinger Steered

Not permittable

Dromedary plus trailer

Not permittable

Saddle mount

Not permittable

Draw Bar

Not permittable

Height

Not permittable

Width

Not permittable

Front overhang

Not permittable

Rear overhang

Not permittable

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-21 Overweight Divisible Load Provisions

(1) The division may issue an overweight divisible load permit to a motor carrier for moving a vehicle or combination of vehicles and loads exceeding the legal limits if the requirements of this section are met.

(2) To be eligible for the permit described in Subsection (1):

(a) the vehicle or combination of vehicles must be properly registered for 78,001 to 80,000 pounds;

(b) the width of the vehicle or combination of vehicles may not exceed 8 feet 6 inches wide or 14 feet 6 inches high; and

(c) vehicles or a combination of vehicles with axles weighing more than 11,000 pounds must have at least four tires per axle unless the axle is a steering axle, a self-steering variable load suspension or retractable axle, or a wide-base single tire that is 14 inches wide or greater as indicated by the manufacturer rating on the sidewall of the tire.

(3) The combination unit shall conform to the bridge formula and the legal axle and gross vehicle weight limits.

(4) A divisible load permit may not be used to transport a non-divisible load except when the non-divisible load meets the divisible bridge formula and divisible size limits specified on the permit.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-22 Overweight Non-Divisible Load Provisions

(1) The division may issue an overweight non-divisible load permit to a motor carrier for moving a vehicle or combination of vehicles and loads exceeding the legal limits if the requirements of this section are met.

(2) To be eligible for the permit described in Subsection (1):

(a) the vehicles and loads must be reduced to the minimum practical dimensions;

(b) the vehicle or combination of vehicles is properly registered for 78,001 to 80,000 pounds or the total gross weight of the vehicle; and

(3) A permit for a non-divisible load may not be used to transport a divisible load.

(4) Vehicles with a gross vehicle weight of less than 125,000 may be permitted on a single-trip, semi-annual trip, or annual trip basis as described in Table 6:

TABLE 6

Single-Trip, Semi-Annual, Annual Permits for non- divisible loads allowed up to:

Axles

Weight

Single axle

29,500 pounds

Tandem axle

50,000 pounds

Tridem axle

Must comply with non-divisible bridge table formula

Trunnion Axle

Must comply with non-divisible bridge table formula

Gross weight

125,000 pounds

(5)(a) Tow trucks must be properly registered to purchase annual, semi-annual, or single-trip permits if they exceed legal weight limitations.

(b) The properly registered or permitted weight of the towed vehicle is not calculated in the tow truck towed vehicle's gross combined weight.

(c) Tow trucks must be properly registered and permitted for the weight of the tow truck and any additional weight placed upon it.

(d) If the towed weight is not properly registered or permitted, the towing vehicle will be responsible for the permitting and registration requirements of the towed vehicle.

(6)(a) Vehicles transporting milk products may exceed the gross weight limit of 80,000 pounds or the maximum weight allowed by the bridge formula. This requires an appropriate non-divisible permit issued by the department.

(b) Milk products being carried using multiple trailers will be required to abide by divisible requirements and will not get the non-divisible exception.

(7) Non-divisible loads exceeding 125,000 pounds gross weight or axle weights specified in Table 5 may only purchase single-trip permits.

(8) Nine-foot-wide axles are allowed 7.5% more weight than 8-foot-wide axles.

(9) Ten-foot-wide axles are allowed 15% more weight than 8-foot-wide axles.

(10) If using an axle equipped with eight tires, rather than four, add 10% to the weight authorized for an 8-foot-wide axle group.

(11) STE operations must have an STE profile sheet if the axle weight limitations specified in Table 5 are exceeded.

(12) Non-divisible loads registered for less than 78,001 pounds may be issued a non-divisible permit allowing non- divisible axle or axle group weights.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-23 Mobile and Manufactured Homes

(1) Mobile and manufactured homes exceeding 14 feet 6 inches to 16 feet in wall-to-wall width, transported on their own running gear, may be issued a single-trip permit under the following conditions:

(a) trailer axles must be equipped with operational brakes; and

(b) Trailer axles and suspensions may not exceed the manufacturer's capacity rating.

(2) The open sides of a mobile manufactured home must be covered by a rigid material of 0.5-millimeter plastic sheathing backed by a rigid grillwork not exceeding squares of four feet to prevent billowing and must fully enclose the open sides of the units in transit.

(3)(a) Rear-mounted stop and turn signal lights must be a minimum of six inches in diameter with a type 35 red reflector lens.

(b) The lens must be mounted not more than 18 inches from the outer edge of the unit and not less than 15 inches or more than 8 feet above the road surface.

(c) Houses, buildings, and structures not manufactured or built to be transported will not require tail, brake, or signal lights mounted on the structures, as a certified pilot and police escort vehicles provide sufficient warning of the intent to brake, turn, or stop.

(4) Two safety chains must be used, one on the right and left sides, but separate from the coupling mechanism connecting the tow vehicle and the mobile and manufactured home while in transit.

(5) Tow vehicles shall comply with the following minimum requirements:

(a) conventional or cab-forward configuration must have a minimum wheelbase of 120 inches;

(b) cab-over-engine tow vehicles must have a minimum wheelbase of 89 inches;

(d) mirrors on each side of the tow vehicle must be arranged so that the driver can see the entire length of both sides of the towed unit.

(6)(a) A trailer used for mobile manufactured homes more than eight feet six inches wide, up to 12 feet wide, and equipped with one axle must have operational brakes.

(b) A minimum of two axles equipped with operative brake assemblies is required on each mobile manufactured home unit more than 12 feet wide.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-24 Pilot Escort Requirements and Certification Program

(1) Pilot escort driver requirements. Individuals who operate a pilot escort vehicle must meet the following requirements:

(a) must be a minimum of 18 years of age;

(b) must possess a valid driver's license for the state jurisdiction in which the driver resides;

(c) must obtain a certification card from an authorized, qualified certification program as outlined in this section, and shall have it in their possession while in pilot escort operations;

(d) within 30 days, pilot escort drivers must provide a current Motor Vehicle Record (MVR) certification to the qualified certification program at the time of the course;

(e) no passengers under 16 years of age are allowed in pilot escort vehicles during the movement of oversized loads; and

(f) a pilot escort driver may not perform as a tillerman or steerman while performing pilot escort operations.

(2) Driver certification process.

(a) Drivers domiciled in Utah must complete a Utah pilot escort certification course authorized by the division. A list of authorized instructors may be obtained by contacting (801) 965-4892.

(b) Pilot escort drivers domiciled outside of Utah may operate as a certified pilot escort driver with another state's certification credential, provided the course meets the minimum requirements outlined in the Pilot Escort Training Manual - Best Practices Guidelines as endorsed by the Specialized Carriers and Rigging Association, Federal Highway Administration, and the Commercial Vehicle Safety Alliance.

(c)(i) The department may enter into a reciprocal agreement with other states, provided they can demonstrate that course materials are comprehensive and meet the minimum requirements outlined by the department.

(ii) A current listing of reciprocity states may be obtained by contacting the division at 801-965-4892.

(d)(i) The pilot escort driver's initial certification expires four years from the date issued, and it is the responsibility of the driver to maintain certification.

(ii) One additional four-year certification may be obtained through a mail-in or online re-certification process provided by a qualified pilot escort training entity.

(3) Suspensions and revocations.

(a) Pilot escort drivers may have their certification denied, suspended, or revoked by the division if it is determined that a disqualifying offense has occurred within the previous four years.

(b) Drivers convicted of serious traffic violations, such as excessive speed, reckless driving, and driving maneuvers reserved for emergency vehicles, and driving under the influence of alcohol or controlled substances, may have their certification denied, suspended, or revoked by the division.

(c) The division may suspend for first offenses for up to one year. Subsequent offenses may result in permanent revocation of driver certification.

(d)(i) If a driver is denied pilot escort driving privileges for reasons other than the conditions set forth in this rule, the individual may file an appeal.

(ii) The appeals will be handled by a steering committee created by the division.

(iii) The steering committee will have the powers granted to the deputy director in Section R907-1-3 for appeals from other division administrative actions. The steering committee's decision, if approved by the director of the division, will be considered a final agency order under Administrative Procedures in Rule R907-1.

(4) Pilot escort vehicle standards.

(a) Certification inspections are valid for up to one year.

(b) Pilot escort vehicles may be either a passenger vehicle or a two-axle truck with a 95-inch minimum wheelbase and a maximum gross vehicle weight of 12,000 lbs. and properly registered and licensed as required under Sections 41-1a-201 and 41-1a-401.

(d) Trailers may not be towed at any time while in pilot escort operations.

(e)(i) Pilot escort vehicles must be equipped with a two-way radio capable of transmitting and receiving voice messages over a minimum distance of one-half mile.

(ii) Radio communications must be compatible with accompanying pilot escort vehicles, utility company vehicles, permitted vehicle operators, and police escorts, if necessary.

(iii) If operating with police escorts, a device that allows for two-way communication between police escort vehicles and pilot vehicles is required.

(f) Pilot escort vehicles may not carry a load.

(5) Pilot escort vehicle signing requirements. Sign requirements on pilot escort vehicles are as follows:

(a) pilot escort vehicles must display an "OVERSIZE LOAD" sign, which must be mounted on the top of the pilot escort vehicle;

(b) signs must be a minimum of 5 feet wide by 10 inches high visible surface space, with a solid yellow background and 8-inch-high by 1-inch-wide black letters, and solid means that, if viewed from the front or rear at a 90-degree angle, no light transmits through the sign;

(c) the sign for the front pilot escort vehicle must be displayed so it is always clearly legible and readable by oncoming traffic; and

(d) the rear pilot escort vehicle must display its sign, so it is readable by traffic overtaking from the rear and clearly legible.

(6) Pilot escort vehicle lighting requirements.

(a) A pilot escort vehicle must comply with one of the following lighting requirements:

(i) two amber flashing lights that are:

(A) AAMVA approved;

(B) mounted with one on each side of the required sign;

(D) unobstructed and visible for 360 degrees;

(E) capable of 60 flashes per minute; and

(F) equipped with warning lights that illuminate during operation; or

(ii) an amber beacon or light bar that:

(A) is AAMVA approved;

(B) rotates, oscillates, or flashes;

(D) is equipped with warning lights that illuminate during operation.

(b) The division may approve the use of incandescent, strobe, or diode lights if the lights meet the criteria described in Subsection (6)(a).

(7) Pilot escort vehicle equipment requirements.

(a) Pilot escort vehicles must be equipped with the following safety items:

(i) standard 18-inch or 24-inch red and white "STOP" and black and orange "SLOW" paddle signs, and for nighttime travel moves, signs must be reflective in accordance with MUTCD standards;

(ii) nine reflective triangles or 18-inch reflective orange traffic cones;

(iii) eight red-burning flares, glow sticks, or equivalent illumination devices approved by the division;

(vi) three orange 18-inch-high cones;

(v) a flashlight with a minimum 1 1/2-inch lens diameter, with extra batteries or charger, and an emergency type shake, or crank flashlight will not be allowed;

(vi) six-inch minimum length red or orange cone or traffic wand for use in directing traffic;

(vii) an ANSI or OSHA-approved hardhat;

(viii)(A) for travel during daylight hours, a class two safety vest for each individual involved in the pilot escort operations; or

(B) for travel outside daylight hours, a class three safety vest for each individual involved in the pilot escort operations;

(ix) a height-measuring pole made of a non-conductive, non-destructive, flexible, or frangible material, only required if escorting a vehicle or load exceeding 16 feet in height;

(x) a fire extinguisher;

(xi) a first aid kit that is clearly marked;

(xii) one spare "OVERSIZE LOAD" sign, 7 feet by 18 inches;

(xiii) one serviceable spare tire, tire jack, and lug wrench;

(xiv) a handheld two-way simplex radio or another compatible form of communication for operations outside pilot escort vehicles; and

(xv) vehicles must not have unauthorized equipment on the vehicle, such as that generally reserved for law enforcement personnel.

(8) Police escort vehicle equipment and safety requirements.

(a) Police escort vehicles must be equipped with the following safety items:

(i) a device that allows for two-way communication between police escort vehicles and transport vehicles;

(ii) emergency lighting visible for 360 degrees; and

(iii) clear markings that indicate the vehicle is a police escort.

(b) Before participating in a police escort, each police officer must complete a Utah Law Enforcement Check List and Reporting Criteria Form and submit it to the division.

(i)(A) verify that a pilot escort vehicle has a current pilot escort inspection; or

(B) perform an inspection of the pilot escort vehicle before load movement; and

(ii) wear a police officer uniform.

(9) Insurance for pilot escort vehicles.

(a) A driver must possess a current certificate of insurance or endorsement that indicates that the driver, or the driver's employer, has in effect not less than $750,000 combined single limit coverage for bodily injury and property damage as a result of the operation of the escort vehicle, the escort vehicle operator, or both causing the bodily injury and property damage arising out of an act or omission by the pilot escort vehicle operator of the escort duties required by the regulations. The insurance or endorsement, as applicable, must always be maintained during the term of the pilot escort certification.

(b) Pilot escort vehicles must have a minimum amount of $750,000 liability. This is not a cumulative amount.

(10) Pre-trip planning and coordination requirements. A coordination and planning meeting must be held before load movement. The drivers carrying or pulling the oversized loads, the pilot escort vehicle drivers, law enforcement officers, department personnel, and public utility company representatives must attend as required. When police escorts are present, a Utah Law Enforcement Checklist and Reporting Criteria Form must be completed. This meeting must include discussion and coordination on the conduct of the move, including at least the following topics:

(a) the person designated as being in charge, such as a department representative or a law enforcement officer;

(b) documentation for authorized routing and permit conditions is distributed to the appropriate individuals involved in the move;

(d) permitted dimensions will be verified with measurement of vehicle and load dimensions; and

(e) copies of the permit and routing documents must be provided to parties involved with the permitted load movement.

(11) Permitted vehicle restrictions on certain highways. Certified pilot escort operators must refer to the highway restrictions specified in the secondary highway restrictions before load movements.

(12) Flagging requirements.

(a) During the movement of an over-dimensional load or vehicle, the pilot escort driver, in the performance of the flagging duties required by this section, may control and direct traffic to stop, slow, or proceed in any situations where it is deemed necessary to protect the motoring public from the hazards associated with the movement of the over-dimensional load or vehicle. The pilot escort driver, acting as a flagger, may aid the over-dimensional load or vehicle in the safe movement along the highway designated on the over-dimensional load permit and must:

(i) assume the proper flagger position outside the pilot escort vehicle, and as a minimum standard, have in use the necessary safety equipment as defined in 6E.1 of the MUTCD;

(ii) use "STOP" and "SLOW" paddles or a 24-inch red or fluorescent orange or red square flag to indicate emergency situations, and other equipment as described in 6E.1 of the MUTCD; and

(iii) comply with the flagging procedures and requirements as set forth in the MUTCD and the Utah Department of Transportation Flagger Training Handbook.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-25 Requirements for Pilot Escort Qualified Training and Certification Programs

(1) Application process. Application to become a third-party pilot escort trainer or instructor must be made on a form furnished by the division, and must include the following:

(a) name and address of entity;

(b) list of instructors;

(c) resumes of each instructor outlining related experience in the pilot escort, heavy haul, academia, or commercial vehicle enforcement fields;

(d) a copy of the entity's business license;

(e) sample of digital image certification card that will be issued to students upon completion of the course;

(f) sample of the "Flagger" certification card that will be issued to students upon completion of the course;

(g) procedural guidelines that outline security measures implemented to safeguard students' personal information; and

(h) copies of the course curriculum and testing materials. Course materials will be reviewed and approved by the division to ensure that requirements are met.

(2) Course curriculum requirements. An extensive course curriculum description and information can be obtained by contacting the UDOT Motor Carrier Division Customer Service or Superload team at (801) 965-4892. Course curriculum to certify pilot escort drivers to operate in Utah must cover the following topics:

(a) division rules governing oversize load movements;

(b) pilot escort operations;

(d) oversized or overweight load movement, coordination, planning, and communication requirements and best practices;

(e) pilot escort vehicle positioning and situational training;

(f) rail grade crossing safety;

(g) routing techniques, including pre-trip surveys; and

(h) insurance coverage requirements and liability issues.

(3) Testing procedures. Testing materials must be submitted to the division for approval. Tests should be structured with a minimum of 40 questions per exam. A minimum of two different examinations must be submitted and used randomly during the instruction of the course, and structured as follows:

(a) 12 Fill in the blank;

(b) 12 Multiple choice;

(d) one to six questions dealing with safety equipment;

(e) one to four questions dealing with the duties of pilot escort drivers;

(f) one to six questions dealing with the maintenance of equipment; and

(g) one to six questions dealing with items that must be collected in a route survey.

(4) Grading of examinations.

(a) An authorized trainer must provide an explanation to the division of how the test will be administered.

(b) Students must pass with an 80% score to be certified.

(c) Students receiving less than an 80% score will be allowed to attend one additional class without additional cost, except for reimbursement of any additional materials and postage costs.

(d) If the division terminates a contract with an entity providing third-party pilot escort training, the entity shall provide to the division electronic documentation regarding students who completed the courses administered by the entity.

(5) Applicant Recertification Procedures.

(a) An authorized trainer shall provide means through which an individual may be recertified either by mail or the internet.

(b) The authorized trainer shall submit written procedures documenting the process for the examination that will allow the applicant to recertify. The examination must not be a duplicate of the examination used during the initial certification process and should be constructed to educate the student on updates pertaining to pilot escort certification and legal requirements.

(d) Applicants receiving less than an 80% score will be allowed to retake the certification exam one additional time at no additional cost except for reimbursement of any additional materials and postage costs.

(e) Students receiving less than an 80% score will be allowed to attend one additional class or certify by mail or online without additional cost, except for reimbursement of any additional materials and postage costs.

(6) Training costs.

(a) Costs associated with providing classroom instruction, materials, testing, and credentialing will be the responsibility of the authorized trainer.

(b) These costs may be passed on to the students for certification in the form of tuition determined by the authorized trainer based on the business model and expenses.

(7) Suspensions and revocations of pilot escort training entities.

(a) The division may suspend or revoke the authorization to provide services if the entity fails to meet conditions and requirements set forth in of this section.

(b)(i) If an entity has the authority to provide training services revoked or suspended, the entity may appeal the decision.

(ii) The appeals will be handled by a steering committee created by the division.

(iii) The steering committee will have the powers granted to the department's deputy director for appeals from other division administrative actions.

(iv) The steering committee's decision, if approved by the director of the division, will be considered a final agency order under the Utah Administrative Procedures Act.

(8) The division has the right to review:

(a) rates;

(b) fees;

(d) the certification process is established by an authorized trainer when the division deems it necessary to ensure compliance with this rule.

(9) Record retention and data management requirements. Authorized trainers must maintain the following certification and recertification records for a period of eight years:

(a) student's name, address, and contact information;

(b) driver's license number, original MVR, and original proof of insurance information from insurance provider;

(d) digital copy of certification flagger card, including photo;

(e) training and expiration dates on students;

(f) recertification and expiration dates; and

(g) list of instructors, proctors, administrators, and a copy of their resumes, and the date of classroom instruction and re-certification dates, providing services.

(10)(a) Records may be scanned and kept electronically, provided the authorized trainer has the necessary data backup and retrieval procedures.

(b) The division has the right to review any records retained and may observe the instruction given both in the classroom and through the recertification process when the division deems it necessary to ensure compliance with this rule.

(c) The loss, mutilation, or destruction of any records which an authorized trainer is required to maintain must be immediately reported by the authorized trainer by an affidavit stating the date these records were lost, mutilated, or destroyed, and the circumstances involving the loss, mutilation, or destruction.

(d) Records must be retained by the authorized trainer for eight years, except for the computerized file, which is to be kept permanently, during which time the authorized trainer will be subject to inspection by the division during reasonable business hours. If the authorized trainer goes out of business, the permanent record must be submitted by the entity to the division.

(e) It is the responsibility of the authorized trainer to provide a list of applicants who have successfully recertified, along with the corresponding grade, to the division at the end of each quarter of each calendar year.

(f) Records, including computerized records, must be provided to the division if requested for an audit or review of the authorized trainer's records. Failure to provide records as requested by the division is a violation of this rule.

(g) Entities must maintain accurate, up-to-date records.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-26 Farmers, Implements of Husbandry and Agricultural Operations

(1) Vehicle combinations for hay truck operations may transport two rolls or bales of hay side by side if:

(a) the two rolls or bales are ten feet or less in combined width;

(b) the load is being transported with a valid non-divisible oversize permit;

(c) oversized vehicles or loads exceeding 8 feet 6 inches may not be transported on double trailers exceeding 61 feet in cargo or cargo carrying length;

(d) the load must meet other divisible load requirements in Section R909-2-21; and

(e) loads are properly secured.

(2) Implements of husbandry moved by a farmer, rancher, or their employees in connection with an agricultural operation must comply with:

(a) every farm tractor and towed farm equipment, towed or self-propelled implements of husbandry, designed for operation at speeds not more than 25 miles per hour, must always be equipped with a slow-moving vehicle emblem mounted on the rear; and

(b) every farm tractor and every self-propelled implement of husbandry manufactured or assembled after January 1970 shall be equipped with vehicular hazard warning lights visible from a distance not less than 1,000 feet to the front and rear in normal sunlight, which must be displayed when any vehicle is operated upon a highway.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-27 Snowplow Operations

(1) Blades more than eight feet six inches must be equipped with a yellow, rotating beacon warning light.

(2) Snowplows with up to 12-foot-wide blades may operate without oversize permits, if they comply with:

(a) lights which provide adequate illumination if the blade is in either up or down position;

(b) signaling lights must not be obscured; and

(c) blades must be angled so that the minimum width is exposed to oncoming traffic during periods of travel between jobs.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-28 Parade Floats

(1) Parade floats are not required to obtain an overweight or oversized permit, but they must meet the following requirements:

(a) floats must have sufficient proof of insurance;

(b) floats must carry the necessary safety equipment for the safe operation of the vehicle during movement;

(d) movement to and from parades should be made only during daylight hours unless the vehicle is adequately lighted and there is minimal congestion; and

(e) floats more than 14 feet 6 inches in height, must be routed by the division.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-29 Transportation of Utility Poles

(1) Utility poles may be transported up to 120 feet in overall length, including overhangs, with a single-trip, semi- annual, or annual permit by the following:

(a) oversized load restrictions;

(b) pilot escort requirements;

(d) signing and lighting requirements.

(2)(a) Permits are issued to the trailer transporting the poles using the trailer registration information.

(b) Upon the company's request, the permit may be issued to the truck or truck tractor.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-30 Special Mobile Equipment

(1) Special mobile equipment or SME is defined in Section 41-1a-102 and refers to vehicles:

(a) not designed or used primarily for the transportation of persons or property;

(b) not designed to operate in traffic; and

(2) Special mobile equipment exempt from registration includes:

(a) farm tractors; and

(b) off-road motorized construction or maintenance equipment, including backhoes, bulldozers, compactors, graders, loaders, road rollers, tractors, trenchers, and ditch-digging apparatus.

(3) Heavy equipment designed for off-highway uses, such as scrapers, loaders, off-highway cranes, and rock trucks, but not tracked vehicles, may be issued single-trip permits to operate under their own power, on approved routes other than interstate highways, as follows:

(a) the distance traveled may not generally exceed 20 miles;

(b) only daylight trips are authorized, and oversize restrictions apply;

(d) single axles equipped with single tires may not be authorized to exceed 40,000 pounds;

(e) a minimum of one pilot escort vehicle is required; and

(f) special mobile equipment shall be routed by the division before making a trip.

(4)(a) Persons who operate or cause to operate an SME exempt from registration must submit a completed special mobile equipment affidavit to the division.

(b) To be deemed complete, an affidavit must be on the form provided by the division and the required fields filled in. Affidavits will be available at ports of entry. Affidavits must be turned in at the port of entry.

(c) Special mobile equipment exempt from registration must carry a copy of the approved affidavit in the vehicle at all times.

(d) Vehicles that are not special mobile equipment must register with the Utah State Tax Commission before operating the vehicle on a public highway.

(e) Upon receipt of a denial of special mobile equipment, if the owner or operator wishes to appeal the decision of the division, a petition may be filed with the department within 30 days.

(f) A response to an appeal from the department will be made in writing within 30 days.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-31 Special Truck Equipment

(1) The following vehicle configurations are considered special truck equipment:

(a) concrete pumper trucks;

(b) cranes or trucks performing crane service with a crane lift capacity of five tons or more; and

(2)(a) Vehicles classified as special truck equipment may be issued an oversized or overweight permit if exceeding legal dimensions.

(b) An approved profile sheet for special truck equipment must be carried in the vehicle with the permit if the axle limitations specified in Section R909-2-5 Table 2 or the actual bridge or gross weight are exceeded.

(3) Vehicles classified as special truck equipment are eligible for a 50% registration fee reduction.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-32 Port - of -Entry Bypass Permit Provisions

(1) A temporary bypass permit may be issued to accommodate the multi-trip highway transportation needs of motor carriers who meet the following criteria:

(a)(i) Motor carriers must meet the multi-trip definition to receive and maintain bypass privileges.

(ii) A motor carrier may receive an exception from this requirement on a case-by-case basis if the motor carrier can demonstrate that denial of a bypass permit will cause a hardship if the vehicle must be diverted to a port of entry.

(b)(i) The basis for qualification to participate in the bypass program is based in part on the carrier's safety history as shown in the Federal Motor Carrier Safety Administration's Safety Measurement System.

(ii) A motor carrier with a CSA basic score equal to or greater than the intervention thresholds noted in Table Seven for General, HM, and Passenger, plus one other BASIC at or above the motor carrier threshold, is not eligible to participate in the bypass program.

(iii) A motor carrier is not eligible for a bypass permit if the motor carrier meets the definition of a High-Risk Motor Carrier in Table Seven.

TABLE 7

High-risk Motor Carrier Criteria

Basic

General

Passenger

Unsafe Driving

65%

60%

50%

Fatigue Driving (HOS)

65%

60%

50%

Driver Fitness

80%

75%

65%

Controlled Substances and Alcohol

80%

75%

65%

Vehicle Maintenance

80%

75%

65%

Cargo-Related

80%

75%

65%

Crash Indicator

65%

60%

50%

(c) A motor carrier may become eligible for a bypass permit after a focused or comprehensive review indicates that the motor carrier is in compliance.

(d) As a condition of receiving a bypass permit, a motor carrier is subject to audits, safety assessments, and inspections as the division considers necessary to carry out state and federal law.

(e) Vehicles that obtain bypass privileges must have a weight ticket, from a scale certified by the Department of Agriculture, available for inspection by law enforcement. Scale tickets must be electronically printed and must specify the time, date, unit-specific information, and destination.

(2)(a) Bypass applications must be submitted to the division.

(b) Motor carriers must reapply annually for bypass privileges.

(d) Motor carriers who lease vehicles from a subcontractor must ensure that the established bypass criterion is met to maintain privileges.

(e) Bypass permit privileges are valid from the approval date and expire at the end of the application year on December 31.

(f) Applications must show routing information, including point of origin, destination, and routine routes traveled.

(3) Approved vehicles within a motor carrier's fleet will be issued a bypass decal, specific to each vehicle, and will receive a bypass certificate that must be carried in the vehicle.

(4) Bypass privileges may be granted to motor carriers traversing multiple ports of entry within the same route.

(5) Authorized bypass routes are allowed for the following Port of Entries:

(a) Daniels Port of Entry on SR 40 with empty vehicles, traveling eastbound only;

(b) Kanab Port of Entry on Highway 89 from Kanab's Main Street to the Kanab Port of Entry, while traveling on Hwy 389 between Las Vegas, Nevada, and Page, Arizona, and vehicles must clear the St. George Port of Entry;

(d) Monticello Port of Entry may be bypassed on US-191 with empty vehicles only.

(6) Bypass privileges may be revoked or suspended should a motor carrier fail to meet the safety standards as set forth in the:

(a) Compliance, Safety, Accountability (CSA) program of the Federal Motor Carrier Safety Administration;

(b) Federal Motor Carrier Safety Regulations;

(d) bypass zone routes; and

(e) out-of-service criteria.

(7)(a) If an application for a bypass permit is denied, the motor carrier may file an appeal.

(b) The appeal will be handled by the division hearing officer.

(8) The division, upon request, may notify local law enforcement agencies of those motor carriers meeting the criteria for bypass privileges.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

Utah Admin. Code R909-2-33 Annual Review of Permit Regulations and Conditions

(1) During a Motor Carrier Advisory Board meeting, the board will review permit conditions and regulations as needed.

(2) Motor Carrier Advisory Board meetings provide a forum for interested parties to provide evidence to support or challenge regulation or permit condition modification.

(3) Interested parties must notify the division of these issues by March 1st of each year to ensure placement on the agenda.

History

KEY: permits, safety regulations, size and weight, trucks
Date of Last Change: March 16, 2026
Notice of Continuation: April 30, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-406; 72-9-303; 41-1a-102; 41-1a-231; 41-1a-1206; 72- 7-402; 72-7-404; 72-7-407; 72-9-301; 72-9-502

R909-3 Standards for Advertisement on Utah School Buses

Utah Admin. Code R909-3-1 Authority and Purpose

This rule is enacted under the authority of Section 41-6a-1309 to govern the placement of advertisement on school buses.

History

KEY: school buses, advertisement
Date of Last Change: March 14, 2022
Notice of Continuation: May 12, 2025
Authorizing, and Implemented or Interpreted Law: 41-6a-1309

Utah Admin. Code R909-3-2 Advertisement on a School Bus

(1) In addition to the restrictions listed in Section 41-6a-1309, advertisement placed on a bus may not:

(a) cover, obscure, or interfere with the operation of any required lighting, reflective tape, emergency exits, or any other safety equipment;

(b) be placed within six inches of any required markings, lighting, or other required safety equipment;

(d) be illuminated or constructed of reflective material.

History

KEY: school buses, advertisement
Date of Last Change: March 14, 2022
Notice of Continuation: May 12, 2025
Authorizing, and Implemented or Interpreted Law: 41-6a-1309

R909-4 Motor Carrier, Enforcement, Penalties

Utah Admin. Code R909-4-1 Purpose

The Department is responsible for ensuring compliance with all regulations pertaining to motor carrier safety, and size and weight. As part of that responsibility, the Department is granted authority to impose civil penalties on motor carriers that fail to comply with relevant regulations. The purpose of imposing civil penalties is to improve roadway safety and protect the public infrastructure by encouraging compliance with motor carrier regulations.

History

KEY: civil penalties, notice of agency action, motor carrier, enforcement
Date of Last Change: November 10, 2021
Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-301; 72-9-303

Utah Admin. Code R909-4-2 Authority

This Rule is enacted under the authority of 72-9-301 for enforcement; 72-9-103 rulemaking authority to enforce Title 72 Chapter 9; and Title 72 Chapter 9 Part 7 to impose penalties; 72-9-303 authority to issue cease and desist orders.

History

KEY: civil penalties, notice of agency action, motor carrier, enforcement
Date of Last Change: November 10, 2021
Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-301; 72-9-303

Utah Admin. Code R909-4-3 Definitions

(1) "Department" means the Utah Department of Transportation.

(2) "Notice of Agency Action" means the notice meeting the requirements of Title 63G Chapter 4, Utah Administrative Procedures Act that the Department issues to commence an adjudicative proceeding.

History

KEY: civil penalties, notice of agency action, motor carrier, enforcement
Date of Last Change: November 10, 2021
Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-301; 72-9-303

Utah Admin. Code R909-4-4 Notice of Agency Action -- Civil Penalties

(1) The Department may commence an adjudicative proceeding pursuant to rule R907-2 to review allegations of federal or state motor carrier regulation violations by serving a Notice of Agency Action upon the person or persons accused of the violations.

(2) If the Department proposes to impose a penalty under the Notice of Agency Action, the amount of the penalty will be determined employing the Uniform Fine Assessment software issued by Federal Motor Carrier Safety Administration for calculating the amounts of civil penalties for violations of motor carrier regulations. The Uniform Fine Assessment web site may be accessed at https://www.fmcsa.dot.gov/regulations/enforcement/uniform-fine-assessment

(3) In addition to other penalties, the Department may impose a civil penalty of not less than $500 and not more than $2,000 for each offense as authorized in 72-9-703.

(4) The Department may compromise the amount of the penalty. Factors the Department may use when considering whether to compromise the amount of the penalty may include:

(a) History of prior violations and prior conduct;

(b) degree of culpability;

(d) gravity of the violation;

(e) ability to continue in business and ability to pay;

(f) whether the amount of the penalty will encourage future compliance, or;

(g) other matters which justice and public safety may require.

(5) When assessing the final penalty imposed on the motor carrier, the Department will indicate on the final agency order which factors the adjudicating officer considered to determine or compromise the final penalty that is imposed.

(6) Administrative Hearings initiated under this provision shall be designated as informal hearings under the Utah Administrative Procedures Act and conducted as set forth in Utah Code Section 63G-4-203.

History

KEY: civil penalties, notice of agency action, motor carrier, enforcement
Date of Last Change: November 10, 2021
Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-301; 72-9-303

Utah Admin. Code R909-4-5 Appeals of Department Action

(1) A person may appeal penalties imposed by the Department under this rule and pursuant to the Notice of Agency Action.

(2) Appeals shall be considered by a steering committee created by the Department. The steering committee shall have the powers granted to the Deputy Director, or his designee, in R907-1-3 for appeals from motor carrier penalties imposed by the Department.

(3) The committee's decision, if adopted by the Director of the Motor Carrier Division, will be considered a final agency order under the Administrative Procedures Act.

History

KEY: civil penalties, notice of agency action, motor carrier, enforcement
Date of Last Change: November 10, 2021
Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-301; 72-9-303

Utah Admin. Code R909-4-6 Motor Carriers Delinquent in Paying Civil Penalties -- Prohibition on Transportation

Pursuant to Section 72-9-303, a motor carrier that has failed to pay civil penalties imposed by the Department, or has failed to abide by a payment plan, may be prohibited from operating commercial motor vehicles in intrastate or interstate commerce.

History

KEY: civil penalties, notice of agency action, motor carrier, enforcement
Date of Last Change: November 10, 2021
Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-301; 72-9-303

Utah Admin. Code R909-4-7 Cease and Desist Order -- Registration Sanctions

As authorized by Section 72-9-303, the Department may issue cease and desist orders to any motor carrier that fails or neglects to comply with State and Federal Motor Carrier Regulations.

History

KEY: civil penalties, notice of agency action, motor carrier, enforcement
Date of Last Change: November 10, 2021
Authorizing, and Implemented or Interpreted Law: 72-9-103; 72-9-301; 72-9-303

R909-19 Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation, and Certification

Utah Admin. Code R909-19-1 Authority

Sections 72-9-601, 72-9-602, 72-9-603, 72-9-604, 53-1-106, and 41-6a-1405 authorize the Department to make this rule.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-2 Applicability

Tow truck motor carriers and employees must comply with and observe administrative rules, including Rule R909-1, federal regulations, state and local traffic laws and guidelines as prescribed by law, including Sections 41-6a-401.9, 41-6a-1404, 41-6a-1405, 41-6a-1406, 72-9-301, 72-9-303, 72-9-601, 72-9-602, 72-9-603, 72-9-604, 72-9-701, 72-9-702, and 72-9-703.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-3 Definitions

(1) "Consent tow" means any tow truck service done at the vehicle, vessel, or outboard motor owner's or its legal operator's knowledge or approval.

(2) "Department" means the Utah Department of Transportation.

(3) "Division" means the Motor Carrier Division.

(4) "Emergency moves" means a tow operation initiated by law enforcement to move a wrecked or disabled motor vehicle.

(5) "Drop Fee" means a fee a vehicle owner, authorized, operator, or authorized agent of a vehicle owner pays to a tow truck motor carrier to relinquish a vehicle.

(a) of which a tow truck motor carrier has taken possession to perform a non-consent tow; and

(b) the vehicle owner, authorized operator, or authorized agent of a vehicle owner is attempting to retrieve after the tow truck motor carrier is in possession of the vehicle but before the vehicle is removed from the property or scene.

(6) "Gross combination weight rating (GCWR)" means the value specified by the manufacturer as the loaded weight of a combination articulated motor vehicle. In the absence of a value specified by the manufacturer, GVCR will be determined by adding the GVWR of the power unit and the total weight of the towed unit, and any load thereon.

(7) "Gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the loaded weight of a single motor vehicle.

(8) "Life-essential personal property" includes those items essential to sustain life or health, including prescription medication, medical equipment, essential clothing, such as shoes, coat, food and water, child safety seats, and government-issued photo identification.

(9) "Non-consent police generated tow" means tow truck service that was ordered by a peace officer, or a person acting on behalf of a law enforcement agency, or highway authority, as defined in Section 72-1-102.

(10) "Non-consent non-police generated tow" means towing services performed without the prior consent or knowledge of the owner of the vehicle or the person authorized by the owner to operate the vehicle from private property. The tow truck service must be from private property, at the request of the property landowner or agent for the landowner.

(11) "Normal office hours" means hours of operation where the office or yard shall be staffed and open for public business during normal business hours Monday through Friday, except for designated state and federal holidays.

(12) "Recovery operation" means a towing service that may require charges in addition to the normal one-truck one- operator towing service requirements. The additional charges may include charges for manpower, extra equipment, and supplies necessary for the recovery operation.

(13) "State impound yard" means a yard for the storage of a vehicle, vessel, or outboard motor that meets the requirements of rules made by the commission under Subsection 41-1a-1101(5).

(14) "Tow truck" means a commercial vehicle constructed, designed, altered, or equipped primarily to tow or remove damaged, disabled, abandoned, seized, repossessed, or impounded vehicles from a highway or other place using a crane, hoist, tow bar, tow line, dolly tilt bed, or other similar means of vehicle transfer without its own power or control.

(15) "Tow truck certification program" means a program to authorize and approve tow truck motor carriers, operators, and vehicles is the process by which the Department, acting under Section 72-9-602, shall verify compliance with the State and Federal Motor Carriers Safety Regulations.

(16) "Tow truck motor carrier" means a motor carrier as defined in Section 72-9-102.

(17) "Tow truck operator" means an individual who performs operations related to a tow truck service as an employee or as an independent contractor on behalf of a tow truck motor carrier.

(18) "Tow truck service" means the functions and ancillary operations associated with recovering, removing, and towing a vehicle and its load from a highway or other place using a tow truck.

(a) Tow truck service, with regards to authorized towing fees, is determined by the type and size of the towed vehicle, not the type and size of the tow truck performing the service.

(b) Towed vehicle classifications will be used when determining authorized fees. Information regarding the GVWR to determine the classification category of towed vehicles can be found on the identification plate on the vehicle driver-side doorframe. Towed vehicle classifications are as follows:

(i) "Light duty" means any towed vehicle with a GVWR 10,000 pounds or less;

(ii) "Medium duty" means any towed vehicle with a GVWR between 10,001 to 26,000 pounds;

(iii) "Heavy duty" means any towed vehicle with a GVWR or GCWR 26,001 pounds and greater.

(19) "Tow truck motor carrier steering committee" means a committee established by the Motor Carrier Division and will include enforcement personnel, industry representatives, and other persons as deemed necessary.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-4 Duties - Enforcement - Complaints, Compliance Audits, Inspections, and Right of Entry

The Department shall administer and, in cooperation with the Department of Public Safety, Utah Highway Patrol Division, as specified under Section 53-8-105, shall administer and enforce state and federal laws related to the operation of tow truck motor carriers within the state. In addition, a tow truck motor carrier shall submit its lands, property, buildings, and equipment for inspection and examination. It must submit its accounts, books, records, or other documents for inspection and copying to verify compliance as authorized by Section 72-9-301.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-5 Insurance

(1) Tow truck motor carriers performing emergency moves shall maintain liability insurance coverage of at least $750,000 per occurrence. Tow truck motor carriers performing non-emergency moves shall maintain liability insurance coverage of at least $1,000,000 per occurrence.

(2) Tow truck motor carriers performing consent or non-consent tows are required to obtain an MCS-90 endorsement for environmental restoration as required in 49 CFR Part 387 - Minimum Levels of Financial Responsibility for Motor Carriers.

(3) Evidence of required insurance must be maintained at the principal place of business and made available to the Department or Investigator upon request and before issuance of the tow truck motor carrier certification.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-6 Penalties and Fines

(1) Any tow truck motor carrier that fails or neglects to comply with State or Federal Motor Carrier Safety Regulations, other statutes, any part of this rule, any term or condition of the permit or any materials that it incorporates by reference or a Departmental order, is subject to:

(a) a civil penalty as authorized by Sections 72-9-701 and 72-9-703;

(b) suspension or revocation of a carrier, operator, or tow truck certification, suspension, or revocation will be based upon the severity of violations to this rule, Sections 41-6a-1406 and 72-9-603;

(d) the revocation or suspension of registration by the Utah State Tax Commission under Section 72-9-303.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-7 Towing Notice Requirements

(1) Non-consent police generated, and non-consent non-police generated tows conducted by tow truck motor carriers must input required information in electronic form on the Division of Motor Vehicles State Tax Commission's website, at "https://secure.utah.gov/ivs/ivs" as required by Subsection 41-6a-1406(11).

(2) Tow truck motor carriers must notify the local enforcement agency having jurisdiction over the area from where the vehicle, vessel, or outboard motor was removed on non-consent non-police generated tows immediately upon arrival at the impound or storage yard.

(a) For tows conducted on vehicles, vessels, and outboard motors and the owner information does not appear in the IVS or Title License Registration ("TLR") systems, a tow truck motor carrier has met this requirement if they can provide proof that a letter has been sent to the Utah State Tax Commission Division of Motor Vehicle or the appropriate state where the vehicle, vessel, and outboard motor is registered, within two business days requesting the needed information to send the letter.

(3) The tow truck motor carrier or the tow truck operator must provide a copy of the Utah Consumer Bill of Rights Regarding Towing at first contact with the owner of a vehicle, vessel, or outboard motor that was towed or for which a drop fee is paid.

(a) The tow truck motor carrier must be able to verify that the consumer received their copy of the Utah Consumer Bill of Rights Regarding Towing.

(4) The Utah Consumer Bill of Rights Regarding Towing shall contain the language and information as published at, https://www.udot.utah.gov/connect/business/motor-carriers/tow-trucks/utah-bill-of-rights-regarding-towing/.

(a) The consumer has a right to receive documentation from the tow truck motor carrier showing the date and time the storage began.

(b) A consumer has the right to file a complaint alleging:

(i) overcharges;

(ii) inadequate certification for the operator, truck or company, and;

(iii) violations of the Federal Motor Carrier Safety Regulations, Utah Code Annotated, or Utah Administrative Code.

(c) Complaints may be filed online with the Utah Department of Transportation at https://app.udot.utah.gov/public/mcs/f?p=345:3::::3 or by contacting the Motor Carrier Division at (801) 965-4892.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-8 Required Tow Truck Operator Certification

(1) Effective July 1, 2004, tow truck operators will be tested and certified in accordance with Towing and Recovery Association of America Inc (TRAA) standards and carry evidence of certification for the appropriate level of vehicle they are operating. These standards of conduct and proficiency may be tested and certified through an accepted program approved by the Department.

(2) Information on qualified certification programs may be obtained at the UDOT Motor Carrier Division website at https://www.udot.utah.gov/connect/business/motor-carriers/tow-trucks/tow-truck-certification/ or by contacting the Motor Carrier Division at (801) 965-4892.

(3) Tow truck motor carriers shall ensure that tow truck operators:

(a) are properly trained and certified to operate tow truck equipment;

(b) are licensed, as required under Sections 53-3-101 through 53-3-909 Uniform Driver License Act;

(d) have cleared the criminal background check required in Subsections 72-9-602(2) and (3). In addition, if a tow truck operator has not cleared the criminal background check required in Subsections 72-9-602(2) and (3), then the tow truck motor carrier must notify the Department of a tow truck operator who is not in compliance with Subsection 72-9-602(3) within two business days of obtaining knowledge from the Bureau of Criminal Identification.

(e) obtain and maintain a valid medical examiner's certificate under 49 CFR Sec 391.45.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-9 Required Tow Truck Vehicle Certification

(1) Tow trucks shall receive and pass a tow truck certification inspection biannually.

(2) Tow trucks must be equipped with the required safety equipment. Safety Equipment List can be found at https://www.udot.utah.gov/connect/business/motor-carriers/tow-trucks/tow-truck-certification/ or by calling 801-965-4892.

(3) Upon vehicle certification, an UDOT certification sticker will be issued and shall be affixed to the driver's side rear window.

(4) Documentation of UDOT tow truck vehicle certification shall be retained and available upon request by Department personnel.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-10 Required Tow Truck Motor Carrier Certification

Tow truck motor carriers shall be certified biannually to ensure compliance as required by the Federal Motor Carrier Safety Regulations, Utah Code Annotated, Utah Administrative Code, and local laws when applicable.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-11 Certification Fees

The Department may charge tow truck motor carriers a fee biannually as authorized by Section 72-9-603 to cover costs associated with driver, vehicle, and carrier certifications.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-12 Information Required on Towing Receipt

(1) Charges for services provided must be clearly reflected on a company receipt and a copy shall be provided to the paying customer. The receipt must include the following information:

(a) company name;

(b) address;

(d) transportation, administration, fuel surcharge, storage fees, and after-hours fees charged;

(e) name of company driver;

(f) unit number;

(g) the license plate of the towed vehicle;

(h) make, model, Vehicle Identification Number, and year of the towed vehicle;

(i) start and end time with total hours for services provided; and

(j) the date vehicle was retrieved from tow yard or other storage area.

(2) Any charges for a consent tow should be listed on a separate towing receipt.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-13 Non-Consent Towing Fee

(1) A tow truck motor carrier may charge up to but not exceed the approved tow rate, based upon the type of non- consent tow, as indicated in the Towing Fee Schedule published online at https://www.udot.utah.gov/connect/business/motor- carriers/tow-trucks/.

(a) An additional 15% of the fee for tow truck service may be charged if the towed vehicle is used in the transportation of materials found to be hazardous in accordance with the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations, 49 CFR Part 172, subpart F.

(b) If a tow truck apparatus is mechanically connected to a vehicle, the tow truck motor carrier shall be considered in possession of the vehicle.

(c) If the owner, authorized operator, or authorized agent of the owner of a motor vehicle is attempting to retrieve that vehicle before the tow truck motor carrier is in possession of the vehicle, no fee shall be charged to the vehicle owner.

(d)(i) If the owner, authorized operator, or authorized agent of the owner of the vehicle is attempting to retrieve the vehicle after the tow truck motor carrier is in possession of the vehicle but before the vehicle is removed from the property or scene, the tow truck motor carrier shall relinquish the vehicle to the owner, authorized operator, or authorized agent of the owner upon payment of a drop fee.

(ii) A tow truck motor carrier may not charge a drop fee that exceeds 50% of the posted rate schedule.

(e) Charges for recovery operations, as defined by Section R909-19-3, shall be coordinated with the towed vehicle owner, or directed by law enforcement before initiating the additional charges relating to the recovery operation. Coordination with the towed vehicle owner should result in an agreement between the towed vehicle owner and tow truck motor carrier.

(i) If attempts to coordinate the recovery operation charges with the towed vehicle owner fail, law enforcement personnel may authorize the recovery operation.

(ii) At least two attempts must be made to contact the towed vehicle owner.

(iii) Record of owner coordination or law enforcement authorization shall be maintained by a tow truck motor carrier for each recovery operation. The record shall include a contact name, entity, contact time and date, and agreement made.

(iv) Uncoordinated or unauthorized recovery operation fees may be subject to penalty and reimbursement of recovery operation fees.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-14 Police Generated Towing Fee Calculation

(1) Tows dispatched during business hours: Tow time shall be calculated from dispatch time to completion of tow service.

(2) Tows dispatched after business hours: Tow time shall be calculated from dispatch time to completion of tow service and return to dispatch location. Time to return to the dispatch location may not exceed the allowed rotation response time.

(3) Time charged shall be to the nearest fifteen-minute increment.

(4) Charges may not extend to include the towing notice requirement period pursuant to Subsections 72-9-603(1)(a)(i) and 41-6a-1406(4)(a)(ii).

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-15 Non-consent Towing Storage Fee

(1) Daily storage fees for non-consent police generated tow service may not exceed:

(a) Outside storage: light duty $40, medium duty $60, heavy duty $60.

(b) Inside Storage: light duty $45, medium duty $85, heavy duty $85.

(d) Inside hazardous materials: medium duty $165, heavy duty $165.

(2) Daily storage fees for non-consent non-police generated tow service may not exceed:

(a) Outside storage: light duty $40, medium duty $60, heavy duty $60.

(b) Inside Storage: light duty $45, medium duty $85, heavy duty $85.

(d) Inside hazardous materials: medium duty $165, heavy duty $165.

(3) A tow truck motor carrier may charge up to but not exceeding the amount for storage per day for the type of non- consent tow.

(a) A tow truck motor carrier may charge a higher fee for inside storage per day per unit only if requested by the owners, or a law enforcement agency or highway authority.

(b) Vehicles used in the transportation of materials found to be hazardous in accordance with the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations, 49 CFR Part 172, subpart F may be charged a higher storage fee rate.

(c) To calculate storage rates, if the first six hours of storage for a vehicle include more than one day, the authorized storage fee is only the charge for one day.

(d) Storage fees may only be charged if the place of storage is a state impound yard that meets the requirements of rules made by the commission under Subsection 41-1a-1101(5).

(e) Except as provided in Subsection (3)(f), a tow truck motor carrier vehicle must store towed vehicles within the county where the tow occurred.

(f)(i) A tow truck motor carrier must store a vehicle that is towed as a result of a non-consent police generated tow within the boundaries of the police rotation where the tow occurred.

(ii) For purposes of Subsection (3)(f)(i), the boundary of a police rotation is the boundary established by the law enforcement agency that dispatched the tow truck motor carrier.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-16 Non-consent Fuel Surcharge Fee

(1) A tow truck motor carrier may charge a fuel surcharge if the daily Rocky Mountain Average, as determined by the Department of Energy, for the price of fuel reaches $3.25 per gallon, a tow truck motor carrier may charge a surcharge equal to 3% of the base tow rate. An additional 3% shall be allowed for each $0.25 per gallon increase. Conversely, as the price of fuel drops, the fuel surcharge shall decrease by the same rate.

(a) To determine the Rocky Mountain daily average per gallon diesel cost, refer to the US Energy Information Administration's website at https://www.eia.gov/.

(b) The fuel surcharge may be charged on non-consent police generated tow if the vehicle is being used in the function of a tow vehicle such as travel to and from the scene and during the operation of equipment for the recovery operation. Non- consent non-police tows may charge a one-time fee.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-17 Non-consent Administrative Fee

A tow truck motor carrier may charge an administrative fee for reporting the removal of up to but not exceeding the amount indicated in the Towing Fee Schedule as published online at, https://www.udot.utah.gov/connect/business/motor- carriers/tow-trucks/ per vehicle notification for reporting non-consent tows to the Department of Motor Vehicles and for sending notifications to the owner and lienholder, if applicable.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-18 Non-consent After-Hours Fee

(1) A tow truck motor carrier may charge for the after-hours release of a vehicle, vessel, or outboard motor stored in response to:

(a) a peace officer dispatch call;

(b) a motor vehicle division call; and

(c) any other call or request where the owner of the vehicle, vessel, or outboard motor has not consented to the removal.

(2) A tow truck motor carrier may charge up to but not exceed the approved tow rate, based upon the type of non- consent tow, as indicated in the Towing Fee Schedule published online at https://www.udot.utah.gov/connect/business/motor- carriers/tow-trucks/ and the Utah Consumer Bill of Rights Regarding Towing published at https://site.utah.gov/connect/wp- content/uploads/sites/50/2021/12/Tow-Truck-Bill-of-Rights-Combined-2022-1.pdf.

(3) The After-hours fee shall be listed as a separate fee on the tow bill.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-19 Tow Truck Service and Administrative Fee Adjustment

(1)(a) The Motor Carrier Division will establish the allowable maximum fee for a tow truck service and administrative fee for reporting the removal, as per Section 72-9-603.

(b) The Towing Fee Schedule is published on the Division's website at https://www.udot.utah.gov/connect/business/motor-carriers/tow-trucks/.

(2) The allowable maximum fee for tow truck service, the maximum allowable administrative fee for reporting the removal, and the storage fees described in Section R909-19-15 shall be tied to the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) in the West Urban Region of the US. The CPI-W is calculated by the US Department of Labor, Bureau of Labor and Statistics (BLS), which publishes CPI Detailed Report Tables each month on its website at https://www.bls.gov/cpi/tables/home.htm.

(3) The Motor Carrier Division shall adjust the allowable maximum fees once annually as follows:

(a) The base fee schedule for each calendar year after a year in which the Motor Carrier Division determines the allowable maximum fees pursuant to Subsection R909-19-13(1) shall be adjusted effective January 1 of each calendar year.

(b) The adjustment amount of the allowable maximum fees shall be equal to the change in the CPI-W for the twelve- month period before the October CPI-W figure reported by the BLS immediately preceding the January 1 adjustment date.

(c) If the twelve-month change in the CPI-W from October to October is negative, the allowable maximum fees shall remain unchanged.

(d) The Division of Motor Carriers shall round the allowable maximum fees to the nearest whole number.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-20 Public Consent Towing and Storage Rates

Towing rates for public consent tows are the responsibility of the consumer and the tow truck motor carrier as contracted for services provided and are not regulated by the Department.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-21 Rates and Storage Posting Requirements

Pursuant to Section 72-9-603, a tow truck motor carrier or impound yard shall clearly and conspicuously post and disclose its current non-consent fees and rates for towing and storage of a vehicle at locations at which vehicles are retrieved, or payment is accepted.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-22 Federal Motor Carrier Safety Requirements

Tow truck motor carriers that meet the definition of a commercial motor carrier shall comply with State and Federal Motor Carrier Safety Regulations, in addition to any other legal requirements established in statute, rule, or permit.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-23 Consumer Protection Information

Pursuant to Section 72-9-602, the Department shall make consumer protection information available to the public that may use a tow truck motor carrier. To obtain such information, including a list of tow truck motor carriers that are currently certified by the Department, the public can access this information online at https://www.udot.utah.gov/connect/business/motor- carriers/tow-trucks/, or by calling the Motor Carrier Division at (801) 965-4892.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-24 Establishment of Tow Truck Steering Committee and Work Group

(1) The Administrator for the Motor Carrier Division will establish a steering committee to provide advisory information and input.

(2) The Motor Carrier Advisory Board, established by the Department, will serve as the steering body for regulatory guidance and the Department's certification process.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-25 Review of Rates, Fees, and Certification Process

(1) During a regularly scheduled Motor Carrier Advisory Board meeting, the board may review rates, fees, tow truck motor carrier procedures, and the certification process. The board is not required to review each of these items each year.

(2)(a) Interested parties must notify the Department of their desire to appear and be heard at a regularly scheduled Motor Carrier Advisory Board meeting. To ensure placement on the agenda, notify the Motor Carrier Division at 801-965-4892, by the first day of the month of the scheduled meeting.

(b) Interested parties must be present at the Motor Carrier Advisory Board meeting to submit evidence supporting or challenging proposed rate or fee adjustments, or issues related to procedures regarding the certification process.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-26 Ability to Petition for Review

Any tow truck motor carrier who believes the Division has acted wrongfully in denying or suspending certification or in imposing a cease-and-desist order may petition the Department for review of that action pursuant to Rule R907-1, Administrative Procedures.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-27 Record Retention

Tow truck motor carriers shall retain records relating to rates charged for services for a period of six months after the service has been provided. However, if the Division or the vehicle owner have notified the carrier that it disputes its ability to charge a particular fee, the carrier shall retain the record until six months after the dispute has concluded or a court rule or order requires a longer retention period.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

Utah Admin. Code R909-19-28 Life-Essential Property

Property that is deemed as life-essential shall be given to the vehicle owner regardless of payment for services provided.

History

KEY: safety regulations, tow trucks, towing, certifications
Date of Last Change: October 22, 2024
Notice of Continuation: April 15, 2026
Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

R914 Operations, Aeronautics

R914-1 Rules and Regulations

Utah Admin. Code R914-1-1 Purpose and Authority

The purpose of this rule is to regulate the use, licensing and supervision of airports, govern the establishment, location and use of air navigational aids, and establish minimum standards for operational safety as authorized and required by Section 72-10-103.

History

KEY: air traffic, aviation safety, airports, airspace
Date of Last Change: October 12, 2016
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-10-103; 72-10-116

Utah Admin. Code R914-1-2 Definitions

As used in this rule:

(1) "Department" means the Utah Department of Transportation;

(2) "FAA" means the Federal Aviation Administration; and

(3) Division means the Aeronautical Operations Division.

History

KEY: air traffic, aviation safety, airports, airspace
Date of Last Change: October 12, 2016
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-10-103; 72-10-116

Utah Admin. Code R914-1-3 Establishment and Location of Navigational Aids

Procedure.

(1) Location site is selected.

(2) Site is surveyed for location and elevation.

(3) Selected site is submitted to the FAA for approval.

(4) Upon receiving FAA approval, navigational aid may be installed.

(5) After installation, navigational aid is checked and certified for operation by the FAA.

History

KEY: air traffic, aviation safety, airports, airspace
Date of Last Change: October 12, 2016
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-10-103; 72-10-116

Utah Admin. Code R914-1-4 Operational Safety

In order to enhance the safety of aircraft operations and protect people and property, the Department imposes the following operational safety rules.

(1) All pilots operating aircraft in the State of Utah will comply with applicable Federal Aviation Regulations.

(2) Obstruction to flight. Any obstacle or structure which obstructs the airspace above the ground or water level which is determined to be a hazard to the safe flight of aircraft shall be plainly marked, lighted or removed.

(3) Determination of obstruction. When an obstacle or structure is determined to be a hazard to flight, the owner will be notified and will have ten days after receipt of the notice to take action to correct the hazard or appeal the determination to the Department.

History

KEY: air traffic, aviation safety, airports, airspace
Date of Last Change: October 12, 2016
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-10-103; 72-10-116

R914-2 Safety Rules and Procedures for Aircraft Operations on Roads

Utah Admin. Code R914-2-1 Purpose and Authority

The purpose of this rule is to establish procedures for aircraft operations on county roads as authorized and required by Section 72-10-117.

History

KEY: licensing, aviation safety
Date of Last Change: 1990
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-10-117

Utah Admin. Code R914-2-2 Procedures

(1) Only lightly traveled roads will be used for aircraft operations. Counties will designate particular county road segments to be used.

(2) The road to be used for aircraft operations will be inspected by ground personnel for safety prior to use.

(3) The road segment to be used will be blocked off by ground personnel prior to aircraft operations to insure that there is no road traffic during the aircraft use period.

(4) Landings will be permitted on roads during daylight hours only.

History

KEY: licensing, aviation safety
Date of Last Change: 1990
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-10-117

Utah Admin. Code R914-2-3 Issuance of Special Licenses to Pilots Operating on Roads

(1) Applicant must be a holder of at least a private pilot certificate.

(2) Applicant must have a minimum of 200 total flying hours and at least 25 hours in the type of aircraft to be used.

(3) Applicant must have completed a proficiency review flight within the past 24 months.

(4) Applicant must be familiar with short and soft field landing and take-off procedures and obstacle clearance procedures for the type aircraft used.

History

KEY: licensing, aviation safety
Date of Last Change: 1990
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-10-117

Utah Admin. Code R914-2-4 Issuance of Special Licenses for Aircraft Landing on Roads

(1) Licenses will be issued only to those showing specific need to use roads for aircraft operations in order to accomplish a required service.

(2) The applicant will be required to show proof of insurance pursuant to Section 72-10-117. Insurance must have no stipulations against off-airport operations.

History

KEY: licensing, aviation safety
Date of Last Change: 1990
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-10-117

R914-3 Aircraft Registration Enforcement

Utah Admin. Code R914-3-1 Purpose and Authority

The purpose of this rule is to provide procedures for the enforcement of state aircraft registration laws and the administration of penalties as required by Utah Code Section 72-10-112.

History

KEY: certificate of registration, Utah-based aircraft, aircraft, penalties
Date of Last Change: May 22, 2017
Notice of Continuation: January 6, 2022
Authorizing, and Implemented or Interpreted Law: 72-10-112(3)(b)

Utah Admin. Code R914-3-2 Definitions

(1) "Based" means aircraft that is hangared, tied down, or parked at an airport located in the state of Utah for a plurality of the year, which is a total of six months and a day, minimum.

(2) "Tax Commission" means the Utah State Tax Commission.

(3) "Department" means the Utah Department of Transportation, Division of Aeronautics.

History

KEY: certificate of registration, Utah-based aircraft, aircraft, penalties
Date of Last Change: May 22, 2017
Notice of Continuation: January 6, 2022
Authorizing, and Implemented or Interpreted Law: 72-10-112(3)(b)

Utah Admin. Code R914-3-3 Procedure for Enforcement

(1) Airport operators shall semi-annually, no later than March 1 and September 1, provide to the Department a report containing a list of aircraft Based at the airports they operate. The list shall contain:

(a) The Federal Aviation Administration tail number of each aircraft, and;

(b) The name and address of the owner or owners and the person responsible for payment of the Utah aircraft registration fee, if different.

(2) In addition to the semi-annual reports, airport operators shall coordinate with the Department, or its agent, and provide information as requested by the Department, or its agent, to determine and verify aircraft Based in the state.

(3) The Department, or its agent, shall conduct compliance audits and inspections as needed to enforce applicable state laws related to the registration of aircraft.

(4) In addition to annually submitting to the Tax Commission the statewide database of aircraft Based in the state as required under Section 72-10-110, the Department shall advise the Tax Commission of aircraft Based in the state that were not included in the annual submission.

(5) The Department shall send a Late Notice by certified mail to all aircraft owners who have failed to pay annual registration fees by January 31 each year.

(6) Aircraft owners who fail to pay annual registration fees within 30 days after receiving a Late Notice from the Department shall be penalized as provided by R914-3-4.

History

KEY: certificate of registration, Utah-based aircraft, aircraft, penalties
Date of Last Change: May 22, 2017
Notice of Continuation: January 6, 2022
Authorizing, and Implemented or Interpreted Law: 72-10-112(3)(b)

Utah Admin. Code R914-3-4 Notice of Agency Action -- Penalties

(1) The Department may commence an adjudicative proceeding pursuant to rule R907-2 to administer a penalty for failure of an owner or owners of an aircraft to register and pay required registration fees for an aircraft Based in the state by serving a Notice of Agency Action upon the owner or owners of the aircraft accused of the violation.

(2) The Department may impose a penalty of 10% of the registration fee for the first month and 5% of the registration fee for each subsequent month an aircraft is operated in violation of Section 72-10-109.

(3) Administrative Hearings initiated under this provision shall be designated as informal hearings under the Utah Administrative Procedures Act and conducted as set forth in Utah Code Section 63G-4-203.

History

KEY: certificate of registration, Utah-based aircraft, aircraft, penalties
Date of Last Change: May 22, 2017
Notice of Continuation: January 6, 2022
Authorizing, and Implemented or Interpreted Law: 72-10-112(3)(b)

Utah Admin. Code R914-3-5 Appeals of Department Action

(1) Penalized persons may appeal penalties imposed by the Department under this rule and pursuant to the Notice of Agency Action.

(2) Appeals shall be considered by a steering committee created by the Department. The steering committee shall have the powers granted to the Deputy Director, or the Deputy Director's designee, in R907-1-3 for appeals from failure to pay required aircraft registration fees for aircraft based in the state of Utah.

(3) The committee's decision shall be considered a final agency order pursuant the Administrative Procedures Act.

History

KEY: certificate of registration, Utah-based aircraft, aircraft, penalties
Date of Last Change: May 22, 2017
Notice of Continuation: January 6, 2022
Authorizing, and Implemented or Interpreted Law: 72-10-112(3)(b)

R914-4 Challenging Aircraft Valuations

Utah Admin. Code R914-4-1 Purpose and Authority

(1) The purpose of this administrative rule is to provide a procedure by which an owner of an aircraft may challenge the department's calculation of the average wholesale value of an aircraft and other actions.

(2) Section 72-10-110 requires the department to make this rule. The department also has general rulemaking authority granted by Section 72-1-201.

History

KEY: aeronautics, corrective action orders, reviews
Date of Last Change: October 22, 2024
Notice of Continuation: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 72-10-110(2)(d)(ii); 72-1-201(1)(h)

Utah Admin. Code R914-4-2 Definitions

As used in this rule:

(1) "Department" means the Utah Department of Transportation;

(2) "Director" means the Director of Utah Department of Transportation, Division of Aeronautics;

(3) "Division" means the Utah Department of Transportation Division of Aeronautics.

(4) "Presiding Officer" means the Director of Operations for the department or a person designated by the Director of Operations to conduct an appeal proceeding and issue a decision on the appeal.

History

KEY: aeronautics, corrective action orders, reviews
Date of Last Change: October 22, 2024
Notice of Continuation: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 72-10-110(2)(d)(ii); 72-1-201(1)(h)

Utah Admin. Code R914-4-3 Initiating an Appeal

(1) To file an appeal with the division, an individual or entity shall:

(a) email a request for an appeal to the division at: aircraftregistration@utah.gov; or

(b) deliver or mail a request for an appeal to:

Utah Department of Transportation

Division of Aeronautics

135 North 2400 West

Salt Lake City, Utah 84116.

(2) Requests must be received by the division before 5 P.M. of the 30th day after the date of the Letter of Notification for Aircraft Registration.

(3) Appeals must be filed using the form provided by the division at: https://udot.utah.gov/connect/about- us/operations/aeronautics/aircraft-registration/.

(4) The division will adjudicate all appeals as expeditiously as reasonably possible.

History

KEY: aeronautics, corrective action orders, reviews
Date of Last Change: October 22, 2024
Notice of Continuation: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 72-10-110(2)(d)(ii); 72-1-201(1)(h)

Utah Admin. Code R914-4-4 Appeal Proceedings

(1)(a) After receiving an appeal, the presiding officer will determine whether the appeal request complies with the requirements of this rule.

(b) If the presiding officer determines that the appeal does not comply with this rule, the presiding officer shall issue an appeal decision dismissing the appeal without holding a hearing.

(c) If the presiding officer determines that the appeal complies with this rule, the presiding officer shall do one of the following:

(i) if the presiding officer determines that the appeal alleges facts that, if true, do not provide an adequate basis for the appeal, issue an appeal decision denying the appeal without holding a hearing;

(ii) if the presiding officer determines that the undisputed facts of the appeal indicate that the appeal should be upheld, issue an appeal decision upholding the appeal without holding a hearing; or

(iii) if there is a genuine issue of material fact or law that needs to be resolved to determine whether the appeal should be upheld, conduct an appeal proceeding as an informal adjudicative proceeding in accordance with Section 63G-4-203.

(2) If an appeal proceeding is held on an appeal, the presiding officer may:

(a) subpoena witnesses and compel their attendance at the appeal proceeding;

(b) subpoena documents for production at the appeal proceeding;

(d) obtain testimony from any individual or entity necessary to assist the presiding officer in deciding on the appeal.

(3) The Rules of Evidence do not apply to an appeal proceeding.

(4) A presiding officer shall record an appeal proceeding held pursuant to this rule.

(5)(a) The deliberations of a presiding officer may be held in private.

(b) If the presiding officer is a public body, as defined in Section 52-4-103, the presiding officer will comply with Section 52-4-205 if the public body decides to close a meeting for deliberations.

(6) Regardless of whether an appeal proceeding is held under this rule, a presiding officer shall:

(a) issue an appeal decision in writing within a reasonable time;

(b) mail, email, or otherwise furnish a copy of the appeal decision to the individual or entity requesting the appeal; and

(c) preserve any record and other evidence relied upon in reaching the presiding officer's decision until the decision, and any appeal of the decision becomes final.

(7) The presiding officer shall ensure that any appeal decision issued pursuant to this rule:

(a) states the reasons for the action taken; and

(b) includes a statement providing notice of the right to file a request for reconsideration as described under Section R914-4-5 and to seek judicial review as described in Section R914-4-6.

(8) A decision described in this rule is effective until stayed or reversed through a request for reconsideration as described under Section R914-4-5 or through judicial review as described in Section R914-4-6.

(9) If the presiding officer does not issue the written decision regarding a protest within 30 calendar days after the day on which the appeal request was filed, or within a longer period as may be agreed upon by the parties, the individual or entity that made the appeal request may proceed as if an adverse appeal decision was issued.

(10) An individual is not precluded from acting as a presiding officer because the individual also acted in another capacity during the valuation process.

(11) Holding an appeal proceeding, considering an appeal, or issuing a written decision under this rule does not affect an individual's or entity's right to later question or challenge the presiding officer's jurisdiction to hold the hearing, consider the appeal, or issue the decision.

History

KEY: aeronautics, corrective action orders, reviews
Date of Last Change: October 22, 2024
Notice of Continuation: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 72-10-110(2)(d)(ii); 72-1-201(1)(h)

Utah Admin. Code R914-4-5 Request for Reconsideration

(1) Within 20 days after the date a presiding officer issues a decision regarding any appeal, an individual or entity may file a written request for reconsideration with the division.

(2)(a) A written request for reconsideration must state the specific reasons reconsideration is being requested.

(b) A determination under this rule by the presiding officer regarding an issue of fact may not be overturned on a request for reconsideration unless the presiding officer's decision is clearly arbitrary, capricious, or erroneous.

(3) Filing a request for reconsideration is not a prerequisite for seeking judicial appeal of a presiding officer's order.

(4) A request for reconsideration must be filed with the division following the procedure set forth in Section R914-4-3.

(5)(a) The director or the director's designee will issue a written order granting or denying the request for reconsideration.

(b) If the director or the director's designee does not issue an order within 20 days after the filing of the request for reconsideration, the request for reconsideration will be considered to be denied.

(c) If a request for reconsideration is denied as provided in Subsection (5)(a) or (b), the individual's or entity's administrative remedies will be considered exhausted.

(d) If the request for reconsideration is granted, the director or the director's designee shall conduct the proceedings in accordance with the procedures described in Section R914-4-4.

History

KEY: aeronautics, corrective action orders, reviews
Date of Last Change: October 22, 2024
Notice of Continuation: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 72-10-110(2)(d)(ii); 72-1-201(1)(h)

Utah Admin. Code R914-4-6 Judicial Review

An individual or entity must seek judicial review in accordance with the requirements of Title 63G, Chapter 4, Part 4, Judicial Review.

History

KEY: aeronautics, corrective action orders, reviews
Date of Last Change: October 22, 2024
Notice of Continuation: October 22, 2024
Authorizing, and Implemented or Interpreted Law: 72-10-110(2)(d)(ii); 72-1-201(1)(h)

R914-5 Advanced Air Mobility Aircraft Registration

Utah Admin. Code R914-5-1 Purpose and Authority

The purpose of this rule is:

(1) to establish a registration fee for an unmanned aircraft system and an advanced air mobility system as provided in Sections 72-10-109 and 72-10-110;

(2) to provide for the administration of that registration fee; and

(3) to generate revenue for the support of state infrastructure and administration related to advanced air mobility and unmanned aircraft systems as provided in Section 72-2-126.

History

KEY: aircraft registration
Date of Last Change: January 24, 2025
Authorizing, and Implemented or Interpreted Law: 72-10-102, 72-10-109, 72-10-110

Utah Admin. Code R914-5-2 Definitions

As used in this rule:

(1) "Advanced air mobility system" means the same as that term is defined in Section 72-10-102.

(2) "Aircraft" means the same as that term is defined in Section 72-10-102.

(3) "Maximum gross operating weight" means the maximum certified weight determined by the manufacturer at which the aircraft may operate, including everything that is on board or otherwise attached to the aircraft.

(4) "Public aircraft" means the same as that term defined in Section 72-10-102.

(5)(a) "Qualifying aircraft" means an aircraft that is:

(i) part of an advanced air mobility system or an unmanned aircraft system; and

(ii) used for commercial operation for which certification is required under Section 72-10-109.

(b) "Qualifying aircraft" does not include:

(i) a public aircraft;

(ii) an aircraft that is subject to property tax under Title 59, Chapter 2, Property Tax Act;

(iii) an aircraft owned by a Utah institution of higher education or technical college unless the aircraft is used to carry persons or goods for commercial purposes;

(iv) an aircraft that is owned by a nonresident and registered by another state, if the aircraft remains in the state for a period less than 30 days; or

(v) aircraft used exclusively for hobby or recreation.

(6) "Unmanned aircraft system" means the same as that term is defined in Section 72-10-102.

History

KEY: aircraft registration
Date of Last Change: January 24, 2025
Authorizing, and Implemented or Interpreted Law: 72-10-102, 72-10-109, 72-10-110

Utah Admin. Code R914-5-3 Registration Requirement--Application--Fee

(1)(a) A person may not operate a qualifying aircraft in this state unless the qualifying aircraft has a current certificate of registration issued by the department as provided in Section 72-10-109.

(b) A certificate of registration must be renewed annually with the department.

(2) To receive an original certificate of registration or renew an existing certificate of registration for a qualifying aircraft, a person shall submit an application to the department as provided in this rule.

(3) An application for aircraft registration under this rule shall contain:

(a) a description of the aircraft, including:

(i) manufacturer;

(ii) model;

(iii) current Federal Aviation Administration registration number; and

(iv) maximum gross operating weight;

(b) the legal name and address of each owner of the qualifying aircraft;

(d) the location where the aircraft is usually used and the storage location of the aircraft when not in use.

(4) As part of the application, an applicant shall include a registration fee of $5 per qualifying aircraft.

(5) The department may send a notice to businesses that are reasonably likely to own and operate a qualifying aircraft informing the business that they may own an aircraft that is subject to registration under this rule.

(6) The department, or its agent, may conduct compliance audits and inspections as needed to enforce applicable state laws and rules related to aircraft registration under this rule.

(7) The department may suspend or revoke a registration described in this rule due to a failure to comply with federal or state aviation laws, rules, or regulations.

History

KEY: aircraft registration
Date of Last Change: January 24, 2025
Authorizing, and Implemented or Interpreted Law: 72-10-102, 72-10-109, 72-10-110

R916 Operations, Construction

R916-1 Advertising and Awarding Construction Contracts

Utah Admin. Code R916-1-1 Purpose and Authority

(1) This rule establishes procedures for advertising and awarding department construction contracts.

(2) This rule is authorized by Sections 63G-6a-602, 63G-6a-1302, 63G-6a-1402, 72-1-201, and 72-6-107.

History

KEY: bids, advertising, contracts, bonding requirements
Date of Last Change: March 16, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-107; 63G-6-505; 63G-6-207(3)

Utah Admin. Code R916-1-2 Definitions

As used in this rule:

(1)(a) "Alternative delivery" means a project delivery method other than the traditional design-bid-build method.

(b) "Alternative delivery" includes design-build, CMGC, PDB, public-private partnership, or other alternative delivery methods allowed by state or federal law.

(2) "Bidder" means the same as that term is defined in Section 63G-6a-103.

(3) "CMGC" means construction manager/general contractor, which means the same as the term "construction manager/general contractor" is defined in Section 63G-6a-103.

(4) "Construction project" means the same as that term is defined in Section 63G-6a-103.

(5) "Contract" means the same as that term is defined in Section 63G-6a-103.

(6) "Contractor" means the same as that term is defined in Section 63G-6a-103.

(7) "Department" means the Utah Department of Transportation.

(8) "Deputy director" means one of the deputy directors described in Section 72-1-203.

(9) "Design-build" means the same as that term is defined in Section 63G-6a-103.

(10) "Executive director" means the executive director of the department or the executive director's designee.

(11)(a) "Invitation for bids" means the same as that term is defined in Section 63G-6a-103.

(b) "Invitation for bids" includes the notice to contractors for a traditional design-bid-build project.

(12) "Notice to contractors" means an advertisement or public announcement of an invitation for bids.

(13) "PDB" means "progressive design-build," which is a project delivery method where the department collaboratively develops the design and cost model in phases, culminating in a firm price and the project's completion.

(14) "Project" means a construction project.

(15) "Proposal" means a proposal or statement submitted in response to an RFP or RFQ.

(16) "Proposer" means an entity that submits a proposal or statement in response to a solicitation.

(17) "Public-private partnership" means the same as that term is defined in Section 63G-6a-103.

(18) "Responsible" means the same as that term is defined in Section 63G-6a-103.

(19) "Responsive" means the same as that term is defined in Section 63G-6a-103.

(20) "RFP" means "request for proposals," which means the same as the term "request for proposals" is defined in Section 63G-6a-103.

(21) "RFQ" means "request for qualifications," which means the same as the term "request for statement of qualifications" is defined in Section 63G-6a-103.

(22) "Solicitation" means an advertisement or public announcement of an RFP or RFQ as part of an alternative delivery project.

(23) "Specifications" means the same as that term is defined in Section 63G-6a-103.

History

KEY: bids, advertising, contracts, bonding requirements
Date of Last Change: March 16, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-107; 63G-6-505; 63G-6-207(3)

Utah Admin. Code R916-1-3 Policy

(1) This rule applies to projects the department constructs using an invitation for bids or an alternative delivery method.

(2) The department shall establish a process for determining which project delivery method is used.

(3) A contractor that prepares specifications for a notice to contractors or solicitation for a construction project may not submit a bid or proposal on that project unless the executive director determines there is no conflict of interest.

(4) The department shall readvertise a project if the solicitation or notice to contractors fails to attract multiple bidders unless a deputy director or the deputy director's designee determines in writing that readvertisement of the project is not in the best interest of the state.

(5)(a) The department may establish a committee to evaluate bids or proposals.

(b) In establishing a committee described in Subsection (5)(a), the department:

(i) may appoint one committee member who is an employee of a consulting engineering entity, selected based on a recommendation from the American Council of Engineering Companies of Utah;

(ii) may appoint one committee member who is an employee of a licensed contractor, selected based on a recommendation from the Utah Chapter of the Association of General Contractors;

(iii) may not appoint a committee member who is an employee of an entity that participated in preparing one of the proposals or bids that the committee will evaluate in response to a solicitation or notice to contractors; and

(iv) shall ensure that each member of a committee discloses in writing to the department's director of project development any conflicts of interest pursuant to the requirements of state and federal ethics and procurement law and the department's standard specifications and policies.

History

KEY: bids, advertising, contracts, bonding requirements
Date of Last Change: March 16, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-107; 63G-6-505; 63G-6-207(3)

Utah Admin. Code R916-1-4 Prequalification

A contractor shall prequalify before submitting a bid or proposal on a department construction project in accordance with Rule R916-2.

History

KEY: bids, advertising, contracts, bonding requirements
Date of Last Change: March 16, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-107; 63G-6-505; 63G-6-207(3)

Utah Admin. Code R916-1-5 Bid Security Requirements

(1) Regardless of the delivery method, a bidder or proposer shall provide the department with bid security that meets the requirements of:

(a) Sections 63G-6a-1102 and 63G-6a-1103; and

(b) the solicitation or notice to contractors.

(2) The executive director may waive a bid security requirement as provided in Subsection 63G-6a-1103(3).

(3) A bidder or proposer shall provide the bid security in a form stated in the solicitation or notice to contractors.

History

KEY: bids, advertising, contracts, bonding requirements
Date of Last Change: March 16, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-107; 63G-6-505; 63G-6-207(3)

Utah Admin. Code R916-1-6 Required Contract Clauses

(1) Regardless of delivery method, the department shall include in a construction contract a provision that:

(a) allows the department to terminate the contract at any time for cause or without cause;

(b) requires the contractor to satisfy the requirements of Title 63G, Chapter 2, Government Records Access Management Act, regarding records the department owns that are in the contractor's possession;

(c) authorizes the department to penalize a contractor for violating the requirements of Title 63G, Chapter 2, Government Records Access Management Act, or delaying the department's response to a government records request;

(d) requires a contractor to have insurance protecting the department from judgments up to the limits described in Rule R37-4; and

(e) defines the standard of care for a contractor to comply with applicable common, statutory, and municipal law.

History

KEY: bids, advertising, contracts, bonding requirements
Date of Last Change: March 16, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-107; 63G-6-505; 63G-6-207(3)

Utah Admin. Code R916-1-7 Communications with Bidders and Proposers

(1) The department may hold pre-bid or pre-proposal meetings with all bidders or proposers in accordance with requirements outlined in the solicitation or notice to contractors.

(2)(a) The department may hold one-on-one meetings with bidders or proposers either before or after bids or proposals are received.

(b) If the department holds one-on-one meetings with one bidder or proposer, the department shall hold one-on-one meetings with all bidders or proposers.

(3) If provided in the solicitation or notice to contractors, the department may:

(a) hold confidential one-on-one meetings with bidders or proposers before the receipt of a bid or proposal to discuss the contents of the solicitation or notice to contractors, alternative technical concepts, or other proposed design or construction deviations;

(b) request and receive confidential alternative technical concepts from bidders or proposers; or

(4) Bidders or proposers may seek clarification from the department regarding the contents of a published solicitation or notice to contractors.

(5)(a) If a process is outlined in the solicitation or notice to contractors, the department may allow confidential questions to be submitted by bidders or proposers.

(b) The department shall ensure that any process for submitting confidential questions makes clear that the department may determine if a question will be made available to all bidders or proposers to ensure the integrity of the procurement.

History

KEY: bids, advertising, contracts, bonding requirements
Date of Last Change: March 16, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-107; 63G-6-505; 63G-6-207(3)

Utah Admin. Code R916-1-8 Contracts Awarded by Bid

(1) This section applies only when the department uses an invitation for bids for a design-bid-build construction project.

(2) When procuring a construction project through an invitation for bids, the department shall prepare and publish a notice to contractors that:

(a) invites bids for the project;

(b) specifies details such as the type of construction, location of the project, principal items of work, and the bid opening date and time; and

(3) After preparing and publishing a notice to contractors as described in Subsection (2), upon request, the department shall make project plans and specifications available for in-person inspection.

(4) After preparing and publishing a notice to contractors as described in Subsection (2), the department shall make construction project plans and specifications available for download on the department's website.

(5)(a) The department may only accept or consider a bid from a bidder that has prequalified in accordance with Rule R916-2.

(b)(i) The department may not award a contract to a bidder for a construction project if the bidder's bid amount, added to the bidder's total uncompleted work, is more than the maximum total dollar value of contracts the bidder is allowed to undertake at any one time as determined by the department under Section R916-2-3.

(ii) The department will make this calculation for the apparent low bidder at the close of a bid opening.

(iii) The contractor's total uncompleted work includes all uncompleted work regardless of location or project owner.

(iv) To calculate the total uncompleted work amount, the department shall use the amount shown on the contractor's "Status of Work Under Contract" form found in the department's bid system.

(v) The process described in this Subsection (5) does not apply to contractors prequalified as "unlimited."

(c) If the department determines it is necessary to issue an addendum to the plans and specifications during the advertising period, the department shall post the addenda in the department's bid system.

(6)(a) Each bidder shall submit a sealed bid to the department within the department bid system before the time and at the place specified in the notice to contractors.

(b) The department shall open bids publicly at the time and place indicated in the notice to contractors.

(c) The department may only consider a bid if the bid is accompanied by a bid security in the form and amount stated in the notice to contractors.

(d)(i) Except as provided in Subsection (6)(d)(ii), a bidder must be licensed as required by Title 58, Occupations and Professions, to engage in the work described in the notice to contractors before submitting a bid.

(ii) A contractor may submit a bid on a Federal-aid highway project without having first obtained a license if the contractor obtains a valid Utah license before starting any work under the contract.

(e) The department may reject any or all bids.

(7)(a) If the department awards a contract to a bidder, the department shall award the contract:

(i) to the lowest responsive, responsible, and qualified bidder; and

(ii) within 30 calendar days after the opening of bids or within a timeframe agreed upon by the department and the successful bidder.

(b) When all bids received exceed the engineer's estimate by more than 10%, the department may accept a bid as described in Subsection (6)(a) or reject all bids.

History

KEY: bids, advertising, contracts, bonding requirements
Date of Last Change: March 16, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-107; 63G-6-505; 63G-6-207(3)

Utah Admin. Code R916-1-9 Design-Build Contracts

(1) This section applies only when the department uses a solicitation for a design-build construction project.

(2) The department may;

(a) issue an RFQ soliciting qualification statements from potential proposers wishing to submit proposals for a design- build project;

(b) forgo issuing an RFQ and invite potential proposers that are prequalified in accordance with Rule R916-2 to submit proposals for a design-build project pursuant to an RFP.

(3) When the department issues an RFP for a design-build construction project, the department may:

(a) ask for initial proposals followed by clarifications, communications, or discussions, and may request best and final offers; or

(b) award the contract without clarifications, communications, discussions, or requesting best and final offers.

(4) When the department issues an RFP for a design-build construction project, the department may ask for proposals based on a predetermined sum.

(5)(a) The department may award a stipend to a proposer who submits a responsive proposal but who is not awarded a contract for the project.

(b) If the department elects to award a stipend as described in Subsection (5)(a), the department shall identify the amount of the stipend in the RFP.

(6)(a) The department shall include in the RFP separate technical and price proposals.

(b) The department shall treat technical solutions or design concepts contained in proposals as proprietary information unless the proposer receives a stipend as described in Subsection (5)(a) and as provided in the RFP.

(c) In accordance with Subsection 63G-2-305(6), the department may not disclose a proposal or other information submitted to the department in response to an RFP until after the contract is awarded and signed by all parties.

(7) When procuring a design-build project, the department may follow any of the criteria described in 23 CFR 636.

(8)(a) The department shall state the basis for an award in the solicitation.

(b) To meet the requirement of Section 63G-6a-1402 of only awarding a contract to the responsible proposer whose proposal is most advantageous to the department or the state, the department may only base an award of an RFP on the following approaches:

(i) Award to the responsible proposer offering the lowest-priced responsive proposal. If the solicitation includes a mandatory technical level, the department may not consider a proposal responsive unless it meets that mandatory level.

(ii) Award to the responsible proposer whose proposal is evaluated as providing the best value to the department.

(iii) If the solicitation provides for a specified sum, award to the responsible proposer whose proposal is evaluated as providing the best value to the department.

(c) If the department awards the contract, the department shall execute the contract and issue a notice to proceed when the department is ready for the contractor to proceed with the work.

History

KEY: bids, advertising, contracts, bonding requirements
Date of Last Change: March 16, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-107; 63G-6-505; 63G-6-207(3)

Utah Admin. Code R916-1-10 Construction Manager/General Contractor and PDB Contracts

(1)(a) To procure a CMGC or PDB project, the department shall issue a solicitation with an accompanying RFP or RFQ.

(b) For the RFP or RFQ described in Subsection (1)(a), the department:

(i) shall require each proposer to submit a technical proposal as part of the proposer's submission;

(d) may require each proposer to include a price component as part of the proposer's submission; and

(e) shall describe the evaluation criteria and the basis the department will use to select a proposal.

(2)(a) The department may only consider the evaluation criteria and selection factors that are specified in the RFP or RFQ when selecting a proposal.

(b) The department may only select a proposal by using one of the following approaches:

(i) selecting the responsible proposer whose proposal is evaluated as providing the best value to the department;

(ii) selecting the responsible proposer whose proposal is evaluated as representing the most qualified proposer; or

(iii) selecting the responsible proposer based on an alternative approach that complies with the requirements of the Utah Procurement Code and is approved by the executive director.

(3) The CMGC and PDB delivery methods may consist of multiple contract phases, including any of the following:

(a) preconstruction or design services, which may include:

(i) value engineering;

(ii) cost estimating and conceptual estimating;

(iii) constructability reviews;

(iv) project scheduling; and

(v) maintenance of traffic plans;

(b) for CMGC projects only:

(i) the department may award construction services after the project plans have been sufficiently developed, and the construction price has been validated and accepted by the department;

(ii) if a price is not validated and accepted by the department, the department may not award the design-build phase of the contract; and

(iii) the department may award incremental construction contracts as individual components of the work are validated and accepted by the department; and

(i) the department may award design-build services after the price for such services has been successfully validated and accepted by the department;

(ii) if a price is not validated and accepted by the department, the department may not award the design-build phase of the contract;

(iii) the department may award incremental contracts as prices for individual components are validated and accepted by the department; and

(iv) the department reserves the right to retain any party to the agreement even if the design-build services phase is not awarded.

History

KEY: bids, advertising, contracts, bonding requirements
Date of Last Change: March 16, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-107; 63G-6-505; 63G-6-207(3)

Utah Admin. Code R916-1-11 Award of Contracts

(1)(a) The department is not required to award a contract when the department engages in the design-bid-build, design- build, or PDB construction project contract solicitation process.

(b) If the department awards a contract, the department shall execute the contract and issue a notice to proceed when the department is ready for the successful bidder or proposer to commence work.

(2) A successful bidder or proposer may not begin work before receiving the notice to proceed from the department.

(3) The department may cancel the award of any contract at any time before the execution of the contract by all parties without incurring any liability.

(4) For any contract awarded that includes a construction project, in whole or in part, the following provisions apply:

(a) the successful bidder or proposer shall comply with the bond requirements described in Section 63G-6a-1103, unless the executive director, in accordance with Subsection 63G-6a-1103(3), waives the bond requirement or reduces the required bond amount upon determining that the waiver or reduction benefits the state;

(b) the successful bidder or proposer shall provide both a performance bond and a payment bond, each in an amount equal to the full contract value, before execution of the contract, unless waived or reduced under Subsection (4)(a) or Rule R916- 5;

(c) the successful bidder or proposer shall submit required bonds on the forms provided by the department on the department's bid system and shall ensure that the bonds are executed by a surety company authorized to conduct business in the state;

(d) the successful bidder or proposer may only use a surety company listed as an acceptable surety for federal bonds in the current United States Department of the Treasury Circular 570;

(e) the successful bidder or proposer shall deliver the following within 15 business days after the department issues the notice of contract award:

(i) a contract signed by an authorized representative of the successful bidder or proposer; and

(ii) all required, fully executed bonds and insurance documentation, as specified by the department;

(f) the department may cancel the contract award and may require the successful bidder or proposer to forfeit the bid security if the successful bidder or proposer fails to sign the contract or submit acceptable bonds and insurance documentation within the 15-business-day period;

(g) the successful bidder or proposer may withdraw the bid or proposal without penalty if the department does not execute the contract within 30 calendar days after receiving the signed contract, bonds, and required documentation; and

(h) a contract subject to this Subsection (4) is not effective or binding until the contract has been fully executed by all parties to the contract.

History

KEY: bids, advertising, contracts, bonding requirements
Date of Last Change: March 16, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-107; 63G-6-505; 63G-6-207(3)

R916-2 Prequalification of Contractors

Utah Admin. Code R916-2-1 Authority and Purpose

(1) This rule is made in accordance with the authority granted to the department in Section 72-1-201 and Subsection 63G-6a-106(3)(a).

(2) This rule establishes the criteria for the prequalification of entities seeking to submit bids or proposals for construction projects administered by the department.

(3) The department shall administer this rule in a manner that:

(a) ensures applicants possess adequate financial resources to provide complete performance of contracts awarded by the department; and

(b) fosters and protects competition in the department's bidding and proposal process.

History

KEY: bids, contracts, prequalification, contractor rating
Date of Last Change: March 16, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-1-102; 72-1-201; 63G-6a-106(3)(a)

Utah Admin. Code R916-2-2 Definitions

(1) The definitions provided in Section 72-1-102 and Rule R916-1 apply to this rule.

(2) In addition to the definitions described in Subsection (1), as used in this rule:

(a) "Applicant" means an entity that submits an application for prequalification.

(b) "Board" means the Prequalification Board created in Section R916-2-5.

(c) "Prequalification" means the process established by the department whereby an applicant that seeks to submit a bid or proposal for one or more construction contracts demonstrates to the department that the applicant has the resources and capabilities to successfully complete an awarded contract.

(d) "Specialty work classification" means a type of work that requires a specific skill set and experience to perform, as determined by the department.

History

KEY: bids, contracts, prequalification, contractor rating
Date of Last Change: March 16, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-1-102; 72-1-201; 63G-6a-106(3)(a)

Utah Admin. Code R916-2-3 Prequalification

(1)(a) Unless otherwise provided in this rule, an applicant that seeks to submit a bid or proposal for one or more construction projects must first demonstrate to the department, through prequalification, that the applicant has the resources and capabilities to successfully complete an awarded contract.

(b) Except as provided in Subsection (1)(c), a potential contractor does not need to participate in prequalification for a project with an advertised estimate of $3,000,000 or less.

(c) An applicant seeking to participate in a transportation project that requires a specialty work classification must obtain prequalification from the department as a specialty contractor, regardless of the project's value.

(2)(a) An applicant must submit prequalification information at least 20 calendar days before submitting a bid or proposal for a project.

(b) The department may change an applicant's prequalification status at any time if the department receives information about the applicant's work or financial performance.

(c) Through prequalification, the department shall determine a rating for each applicant that establishes the type of project that the applicant is permitted to perform, including:

(i) the maximum type, scope, and size of an individual awarded contract;

(ii) the specialty work classifications for which an applicant is authorized to submit one or more bids or proposals; and

(iii) the maximum contract value of all total contracts awarded to the applicant.

(d) The department shall classify an applicant as unlimited if the applicant's total prequalification rating reflects a permitted maximum contract value of $50,000,000 or more for all awarded contracts.

(3)(a) The department shall review each applicant's prequalification information at least annually.

(b) The department may review an applicant's information more than once a year if warranted, as determined by either the department or the applicant.

(4) The department shall base an applicant's prequalification rating on the applicant's:

(a) experience;

(b) performance;

(d) financial condition.

(5)(a) In determining an applicant's financial condition as described in Subsection (4)(d), the department may analyze information from financial statements that have undergone audit or review, including balance sheets, income statements, current assets, fixed assets, liabilities, long-term debt, equity, cash flow, and revenues.

(b) If the financial statements described in Subsection (5)(a) are reviewed rather than audited, the department may accept the statements for the corresponding period, but the applicant's prequalification rating may only be based on one-half of the financial rating factor that would apply to audited financial statements.

(6)(a) When providing prequalification information to the department, an applicant may submit in a form approved by the department a guarantee of financial support provided by an affiliated but independent entity, accompanied by financial statements of the entity providing the guarantee.

(b) If an applicant submits a guarantee of financial support in a form approved by the department, the applicant's equity as part of the department's prequalification formula may be adjusted by an amount up to 50% greater than determined by the department.

(7) In submitting an application for prequalification, an applicant may only provide:

(a) prequalification information that describes the experience and performance of the applicant itself; and

(b) financial statements in the name of the applicant that accurately represent the applicant's:

(i) past financial performance; and

(ii) current financial condition.

(8) The department may reject an application and decline to prequalify an applicant if, as determined by the department, the applicant:

(a) fails to provide any requested information;

(b) provides false, misleading, or incorrect information;

(d) is suspended or debarred by any governmental entity;

(e) has failed to complete a construction contract as the prime contractor;

(f) has an average contractor performance rating over the past five projects that falls below 70%;

(g) has been convicted or held liable for any crime or civil offense involving collusive or deceptive activity related to a procurement process; or

(h) otherwise fails to meet the department's requirements.

(9) The department may not accept any pledges.

History

KEY: bids, contracts, prequalification, contractor rating
Date of Last Change: March 16, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-1-102; 72-1-201; 63G-6a-106(3)(a)

Utah Admin. Code R916-2-4 Joint Venture

(1) Multiple prequalified contractors may jointly submit a bid or proposal as a joint venture.

(2) Before submitting a bid or proposal as a joint venture, the joint venture shall:

(a) register with the oo Division of Corporations and Commercial Code; and

(b) have a fully executed joint venture agreement and submit a copy of the agreement to the department's prequalification specialist at least four business days before a project's bid opening.

(3) The joint ventures included in the joint venture shall ensure that the agreement described in Subsection (2)(b) includes:

(a) the joint venture's name as the name appears on the joint venture's registration with the Utah Division of Corporations and Commercial Code;

(b) the name of each joint ventures included in the joint venture as each name appears on the registration with the Utah Division of Corporations and Commercial Code;

(d) the duration of the agreement and conditions for terminating the agreement;

(e) each joint venturer's interests to the joint venture and each joint venturer's claims, including claims to property, equipment, profits, and liabilities related to the joint venture;

(f) a provision recognizing that each joint venturer agrees to indemnify the other joint venturers against any loss or liability not directly related to the joint venture;

(g) the initial capital contribution of each joint venturer, and how each joint venturer will maintain and control working capital contributions;

(h) the name and authority of at least one authorized representative for each joint venture;

(i) information describing how the joint venture will manage and conduct business;

(j) information describing how the joint venture will maintain and control records belonging to the department;

(k) information describing the time and effort contribution of each joint venturer;

(l) information describing what happens to the joint venturer's assets and obligations should one venturer file for bankruptcy protection; and

(m) the name and project identification number of the project on which the joint venture will bid or propose.

(4) If joint venturers included in a joint venture intend to compete for multiple projects under the same joint venture, the joint venturers shall amend the joint venture agreement for each project the joint venturers intend to bid or propose.

(5) Joint venturers participating in a joint venture under this section may classify any portion of the joint venture agreement as protected from disclosure under Subsection 63G-2-305(1) or (2) by submitting, within the joint venture agreement, a claim of business confidentiality in accordance with the requirements of Section 63G-2-309.

History

KEY: bids, contracts, prequalification, contractor rating
Date of Last Change: March 16, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-1-102; 72-1-201; 63G-6a-106(3)(a)

Utah Admin. Code R916-2-5 Prequalification Board

(1) The department shall establish a prequalification board that includes the following members:

(a) the department's director of finance or the director of finance's designee;

(b) the department's director of state construction or the director of state construction's designee;

(d) a department prequalification specialist appointed by the department.

(2) The responsibilities of the prequalification board include:

(a) directing the prequalification process;

(b) reviewing and analyzing prequalification applications; and

(c) establishing the prequalification ratings and types of prequalification specialty work classifications that the department may grant to applicants.

History

KEY: bids, contracts, prequalification, contractor rating
Date of Last Change: March 16, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-1-102; 72-1-201; 63G-6a-106(3)(a)

R916-5 Health Insurance Coverage in State Contracts Implementation

Utah Admin. Code R916-5-1 Purpose

The purpose of this rule is to comply with Section 72-6-107.5.

History

KEY: contracts, health insurance, health insurance in state contracts
Date of Last Change: January 23, 2025
Notice of Continuation: November 6, 2024
Authorizing, and Implemented or Interpreted Law: 72-6-107.5

Utah Admin. Code R916-5-2 Authority

This rule is authorized pursuant to Section 72-6-107.5, which requires the Utah Department of Transportation to adopt administrative rules that establish the requirements and procedures contractors and subcontractors must follow to comply with Section 72-6-107.5.

History

KEY: contracts, health insurance, health insurance in state contracts
Date of Last Change: January 23, 2025
Notice of Continuation: November 6, 2024
Authorizing, and Implemented or Interpreted Law: 72-6-107.5

Utah Admin. Code R916-5-3 Definitions

(1) Except as otherwise stated, terms used in this rule are defined in Section 72-6-107.5.

(2) In addition to the definitions described in Section 72-6-107.5, the following definitions apply:

(a) "Contractor" means a person awarded a contract with the department.

(b) "Consultant" means a contractor that is an expert or trained professional that performs professional services as may be necessary for the planning, progress, and completion of any design, engineering, and engineering-related service for the department.

(c) "Executive Director" means the Executive Director of the Department of Transportation, including, unless otherwise stated, the executive director's designee.

(d) "Department" means the Department of Transportation established pursuant to Section 72-1-201.

(e) "Employee" is as defined in Subsection 34A-2-104(1)(b) who lives or works in the state together with their dependents.

(f) "Project" means the design, construction, or maintenance of a road or associated facility on the right of way owned by the state.

(g) "Subconsultant" means a subcontractor that contracts with a consultant.

History

KEY: contracts, health insurance, health insurance in state contracts
Date of Last Change: January 23, 2025
Notice of Continuation: November 6, 2024
Authorizing, and Implemented or Interpreted Law: 72-6-107.5

Utah Admin. Code R916-5-4 Application

As described in Section 72-6-107.5, this rule applies to contractors and subcontractors.

History

KEY: contracts, health insurance, health insurance in state contracts
Date of Last Change: January 23, 2025
Notice of Continuation: November 6, 2024
Authorizing, and Implemented or Interpreted Law: 72-6-107.5

Utah Admin. Code R916-5-5 Not Basis for Protest, Suspension, Disruption, or Termination

(1) As described in Section 72-6-107.5, the failure of a contractor or subcontractor to comply with Section 72-6-107.5 may not be the basis for a bid protest or any action or suit that would suspend, disrupt, or terminate the design or construction of a project.

(2) A contractor who cannot demonstrate compliance with Section 72-6-107.5 when submitting the executed contract, signed by the successful bidder, may be declared non-responsive and the department may award the contract to the next lowest responsive and responsible bidder.

(3) A consultant to which the department awards a contract pursuant to Section 63G-6a-507 that is unable to demonstrate compliance with Section 72-6-107.5 within 14 calendar days after being ranked first during a consultant selection process may be declared non-responsive. The department may then enter negotiations with the new first-ranked responsive consultant.

History

KEY: contracts, health insurance, health insurance in state contracts
Date of Last Change: January 23, 2025
Notice of Continuation: November 6, 2024
Authorizing, and Implemented or Interpreted Law: 72-6-107.5

Utah Admin. Code R916-5-6 Requirements and Procedures a Contractor Must Follow

(1) To demonstrate compliance with Section 72-6-107.5, a contractor or subcontractor shall comply with the requirements and procedures of this section no later than the date the relevant contract is executed.

(2) A contractor shall provide to the department:

(a) a written certification that the contractor and each subcontractor have and will maintain during the contract an offer of qualified health coverage for each employee; and

(b) written certification from each relevant subcontractor at any tier that the subcontractor has and will maintain during the contract an offer of qualified health coverage for each employee.

(2)(a) A contractor shall include a requirement in the subcontract and certify to the department that a subcontractor must obtain and maintain an offer of qualified health coverage for the subcontractor's employees and the employee's dependents during the duration of the subcontract.

(b) A contractor shall certify to the department that each subcontractor has and will maintain an offer of qualified health coverage for each employee including dependents during the duration of the contract.

(3)(a) The department may require a contractor to recertify by submitting a written request to the contractor that must be submitted within ten business days of receiving the written request.

(b) The department may not require a contractor to recertify more than twice in any 12-month period.

(4)(a) If a contractor becomes subject to the requirements of Section 72-6-107.5, the contractor must obtain and submit to the department a written statement of compliance.

(b) If a subcontractor becomes subject to the requirements of Section 72-6-107.5, the contractor must obtain from the subcontractor a written statement of compliance.

(5) The commercially equivalent benchmark for the qualified health coverage required pursuant to Section 72-6-107.5 that is provided by the Utah Department of Health and Human Services in accordance with Section 26B-3-909 is available on the department's website at: https://chip.utah.gov/resource-and-materials/.

(6) To meet the requirements of Section 72-6-107.5, a contractor or subcontractor must make the qualified health coverage available to the employee no later than on the first day of the calendar month following the initial 90 days from the date of hire.

(7)(a) Consultants that must comply with Section 72-6-107.5 must demonstrate compliance in their annual financial screening application.

(b) The department must include in the contract a provision requiring the consultant and its subconsultants to maintain and confirm compliance with this rule.

History

KEY: contracts, health insurance, health insurance in state contracts
Date of Last Change: January 23, 2025
Notice of Continuation: November 6, 2024
Authorizing, and Implemented or Interpreted Law: 72-6-107.5

Utah Admin. Code R916-5-7 Compliance is Subject to Audit

The compliance of a contractor and subcontractor is subject to audit by the department or the Office of the Legislative Auditor General.

History

KEY: contracts, health insurance, health insurance in state contracts
Date of Last Change: January 23, 2025
Notice of Continuation: November 6, 2024
Authorizing, and Implemented or Interpreted Law: 72-6-107.5

Utah Admin. Code R916-5-8 Penalties

The penalties that may be imposed if a contractor or subcontractor intentionally violates Section 72-6-107.5 may include:

(1) a three-month suspension of the contractor or subcontractor from entering into future contracts with the state upon the first violation;

(2) a six-month suspension of the contractor or subcontractor from entering into future contracts with the state upon the second violation;

(3) an action for debarment of the contractor or subcontractor in accordance with Section 63G-6a-904 upon the third or subsequent violation; and

(4) monetary penalties that may not exceed 50% of the amount necessary to purchase qualified health insurance coverage for an employee and the dependents of an employee of the contractor or subcontractor who were not offered qualified health insurance coverage during the duration of the contract.

History

KEY: contracts, health insurance, health insurance in state contracts
Date of Last Change: January 23, 2025
Notice of Continuation: November 6, 2024
Authorizing, and Implemented or Interpreted Law: 72-6-107.5

Utah Admin. Code R916-5-9 Does Not Create a Contractual Relationship With a Subcontractor or Subconsultant

Nothing in this rule may be construed to create any contractual relationship between the department or the state with any subcontractor or subconsultant at any tier.

History

KEY: contracts, health insurance, health insurance in state contracts
Date of Last Change: January 23, 2025
Notice of Continuation: November 6, 2024
Authorizing, and Implemented or Interpreted Law: 72-6-107.5

R916-6 Drug and Alcohol Testing in State Construction Contracts

Utah Admin. Code R916-6-1 Purpose

The purpose of this rule is to comply with the provisions of Utah Code Section 63G-6a-1303.

History

KEY: contracts, drug and alcohol testing, contractors, subcontractors
Date of Last Change: June 21, 2010
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 63G-6-604, 72-1-201

Utah Admin. Code R916-6-2 Authority

This rule is required by Subsection 63G-6a-1303(4)(b) and is enacted under the authority of Subsection 72-1-201(1)(h).

History

KEY: contracts, drug and alcohol testing, contractors, subcontractors
Date of Last Change: June 21, 2010
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 63G-6-604, 72-1-201

Utah Admin. Code R916-6-3 Definitions

Except as otherwise provided in this rule, the terms used are defined in Subsection 63G-6a-1303(1), and "Department" means the Utah Department of Transportation.

History

KEY: contracts, drug and alcohol testing, contractors, subcontractors
Date of Last Change: June 21, 2010
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 63G-6-604, 72-1-201

Utah Admin. Code R916-6-4 Requirements and Procedures

A contractor or subcontractor shall demonstrate compliance with the requirements of Section 63G-6a-1303 by certifying in the contract documents that the contractor or subcontractor has and will maintain a drug and alcohol testing policy that meets all the requirements of Section 63G-6a-1303 during the period of the state construction contract.

History

KEY: contracts, drug and alcohol testing, contractors, subcontractors
Date of Last Change: June 21, 2010
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 63G-6-604, 72-1-201

Utah Admin. Code R916-6-5 Penalties

A contractor or subcontractor's failure to comply with the provisions of Section 63G-6a-1303 will be considered a breach of the terms of the contract and the Department may pursue all remedies and impose all penalties allowed by law, including but not limited to suspension and debarment.

History

KEY: contracts, drug and alcohol testing, contractors, subcontractors
Date of Last Change: June 21, 2010
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 63G-6-604, 72-1-201

Utah Admin. Code R916-6-6 Reasonable Notice and Opportunity to Cure

The Department shall give reasonable notice and an opportunity to cure a violation of Section 63G-6a-1303 before suspension or debarment of the contractor or subcontractor under R916-6-5.

History

KEY: contracts, drug and alcohol testing, contractors, subcontractors
Date of Last Change: June 21, 2010
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 63G-6-604, 72-1-201

R916-7 Appeals to UDOT Decisions on and Requesting Compliance with Nighttime Noise Permits

Utah Admin. Code R916-7-1 Purpose

The purpose of this rule is to establish a procedure for a local jurisdictional authority or local government to appeal the decision of the Department to conduct highway construction at night on roads where the usually posted speed limit is less than 55 miles per hour.

History

KEY: appeals, noise permits, procedures, compliance
Date of Last Change: November 9, 2025
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 72-6-112.5

Utah Admin. Code R916-7-2 Authority

The Department has general rulemaking authority under Section 72-1-201 and is required to make this rule in accordance with Section 72-6-112.5.

History

KEY: appeals, noise permits, procedures, compliance
Date of Last Change: November 9, 2025
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 72-6-112.5

Utah Admin. Code R916-7-3 Appealing Decisions of the Department

A local jurisdictional authority may appeal the Department's decision to conduct highway work at night by filing a written appeal with the Department within 10-days of receiving written notice of the Department's decision to perform work at night.
The Region Director in which the night work is performed will respond to the local jurisdictional authority's appeal in writing within 5-days of receiving the appeal and may conduct an informal hearing before responding to the appeal.
If the Region Director denies the appeal, the local jurisdictional authority may appeal the Region Director's decision to the Executive Director, in writing, within 10-days of the date the local jurisdictional authority receives the denial.
The Executive Director will respond in writing to an appeal within 5-days of receiving the appeal.
The decision of the Executive Director shall be administratively final.

History

KEY: appeals, noise permits, procedures, compliance
Date of Last Change: November 9, 2025
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 72-6-112.5

Utah Admin. Code R916-7-4 Requests to Enforce Terms of a Noise Permit

A local jurisdictional authority may ask the Department to enforce the terms of a noise permit by submitting a written request to the Region Director.
After reviewing a written request from a local jurisdictional authority to enforce the conditions for the noise exemption permit, the Department shall initiate corrective action within 24 hours to ensure nighttime highway construction activities meet requirements of the local permit.

History

KEY: appeals, noise permits, procedures, compliance
Date of Last Change: November 9, 2025
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 72-6-112.5

R918 Operations, Maintenance

R918-3 Snow Removal

Utah Admin. Code R918-3-1 Purpose and Authority

The purpose of this rule is to indicate where and when the Utah Department of Transportation will provide snow removal services. This rule is enacted under the general rulemaking authority in Section 72-1-201.

R918-3-2 On State Roads.

(1) The Utah Department of Transportation will provide snow removal services on the following functional classes of state roads:

(a) Interstate highways

(b) Principal arterials

(d) Collector roads which meet the following criteria:

(i) where counties or cities provide year round fire, police and emergency services;

(ii) where mail year round delivery is provided;

(iii) where year round water and sanitary services are provided; and

(iv) where counties or cities request or concur with year round snow removal.

(2) The following state road sections are an exception to paragraph (1) above and shall be closed in the fall when snow depth requires closure, and will not be reopened until spring weather conditions permit.

TABLE 1

SR-35 (Wolf Creek Pass) MP 12.44 to 27.51

SR-39 (Monte Cristo) MP 36.86 to 55.4

SR-65 (Region 2 East Canyon) MP 3.11 to 8.4

SR-65 (Region 1 Big Mountain) MP 8.4 to 13.47

SR-92 (American Fork Canyon/

Alpine Loop) MP 12.63 to 22.40

SR-148 (Cedar Breaks) MP 0.15 to 2.544

SR-150 (Mirror Lake Highway) MP 14.70 to 48.63

SR-153 (Puffer Lake) MP 21.29 to 39.55

SR-190 (Guardsman Pass) MP 17.71 to 21

SR-224 (Wasatch County line

to Deer Valley) MP 0.0 to 1.11

(3) Other state road sections may be closed for the winter/or not receive snow removal services, if the Region Director determines that it is not cost effective to provide snow removal services.

(4) The removal of the normal snowfall and windrows on private road approaches, both on and off the highway right- of-way, is a responsibility of the property owner. When clearing these approaches, the property owner shall not push or pile the snow onto the state right-of-way. Within towns and where curb and gutter exist, the normal parking area off the travel lane may be used for snow storage by state forces. If it is desired to remove this snow, it shall be the responsibility of the city, county or the adjacent property owner. The state shall not haul snow off the roadway except where removal by other means is impracticable.

History

KEY: snow removal
Date of Last Change: February 7, 2012
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-205

Utah Admin. Code R918-3-3 On State Roads Leading to for-profit Winter Recreational Areas

(1) State roads leading to for-profit winter recreational areas not qualifying above may qualify for weekend and holiday snow removal services. Each for-profit winter recreational area will be evaluated individually.

(2) To receive weekend and holiday snow removal services, owners or operators of a for-profit winter recreational area shall:

(a) request, in writing to the Region Director, weekend and/or holiday snow removal services;

(b) provide parking away from the highway for all employees, guests, and users; and

(3) The Region Director may authorize weekend and holiday snow removal services based on UDOT Policy 06A-42, functional classification of the road, and available resources.

(4) The Region Director may suspend, delay, postpone, accelerate, or terminate weekend and holiday snow removal services based on resource availability, avalanche danger, unusual snowfall accumulation, or other factors determined by the Region Director as presenting unacceptable risk to the traveling public or snow removal personnel.

History

KEY: snow removal
Date of Last Change: February 7, 2012
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-205

Utah Admin. Code R918-3-4 Other Than Roadways on the State System

(1) Snow removal service will not be provided for the following, except where provided through written agreement with the Utah Department of Transportation:

(a) sidewalks;

(b) overhead crosswalk structures;

(d) driveways;

(e) parking lots;

(f) roads not on the state system;

(g) overhead vehicular structures not on the state system; or

(h) bike and pedestrian trails.

History

KEY: snow removal
Date of Last Change: February 7, 2012
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-205

R918-4 Using Volunteers and Third-Party Contractors for Litter Control

Utah Admin. Code R918-4-1 Purpose and Authority

This rule establishes UDOT's requirements for authorizing volunteers and third-party contractors to assist in litter control in UDOT right-of-way, including along roadways and trails. This rule is enacted under the general rulemaking authority granted to UDOT in Section 72-1-201.

History

KEY: adopt-a-highway, sponsor-a-highway, litter, volunteer
Date of Last Change: January 23, 2024
Notice of Continuation: September 15, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R918-4-2 Definitions

As used in this rule:

(1) "Sponsor-a-Highway Program" means a program in which a third-party contractor, approved by UDOT, provides litter control along a segment of UDOT right-of-way on behalf of a sponsoring entity.

(2) "UDOT" means the Utah Department of Transportation.

(3) "Volunteer program" means a program in which an individual or group volunteers to provide one-time litter cleanup along a segment of UDOT right-of-way.

History

KEY: adopt-a-highway, sponsor-a-highway, litter, volunteer
Date of Last Change: January 23, 2024
Notice of Continuation: September 15, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R918-4-3 Requirements for Individuals and Groups to Participate in a Volunteer Program for Litter Cleanup

(1) Before an individual or group may participate in a volunteer program to clean up litter along a segment of UDOT right-of-way:

(a) the individual or group must complete and submit an online application, in a form prescribed by UDOT, at UDOT's website; and

(b) the individual or each member of a group seeking to participate in the volunteer program must sign, in a form prescribed by UDOT, a release and liability waiver.

(2) At UDOT's discretion, UDOT may deny an application to participate in a volunteer program or revoke a previously approved application for any reason.

(3) While participating in a volunteer program, each participant in the volunteer program shall agree to:

(a) stay off traveled areas of interstate routes, freeways, and divided highways at all times, and only cross other roadways at designated crossings;

(b) if required by UDOT, use advance warning signs furnished by UDOT;

(c) perform litter cleanup only at the location and on the date and time agreed to by UDOT and, in any event, only during daylight hours;

(d) notify a UDOT representative as soon as practicable if suspicious or unsafe materials are noticed along the right-of- way, including syringes, drug paraphernalia, or closed containers; and

(e) follow all other requirements required by UDOT to maintain the safety of volunteer program participants and other members of the public.

(4)(a) At UDOT's discretion, or at the request of a participating individual or group, UDOT will furnish litter bags and safety equipment to volunteer program participants.

(b) When UDOT supplies litter bags and safety equipment to volunteer program participants, volunteer program participants shall use the litter bags and safety equipment as instructed by UDOT.

(5) To participate in a volunteer program, a participant must be at least 14 years of age.

History

KEY: adopt-a-highway, sponsor-a-highway, litter, volunteer
Date of Last Change: January 23, 2024
Notice of Continuation: September 15, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R918-4-4 Requirements for the Sponsor-a-Highway Program

(1) UDOT may enter into an agreement with one or more third-party entities to operate a Sponsor-a-Highway Program.

(2) After entering into an agreement with UDOT to operate a Sponsor-a-Highway Program, the third-party entity may enter into an agreement with one or more local businesses or other sponsoring entities whereby the third-party entity agrees, in exchange for payment from the local business or other sponsoring entity, to:

(a) clean up litter on one or more segments of UDOT right-of-way along a UDOT highway; and

(b) to install and maintain on the corresponding segments of UDOT highway one or more acknowledgment signs with the name or logo of the local business or other sponsoring entity.

(3) Any local business or other sponsoring entity participating in the Sponsor-a-Highway Program must:

(a) be legally authorized to enter a contract in the state; and

(b) use the entity's legal name or a registered DBA name.

(4) Before installing an acknowledgment sign under Subsection (2), a third-party entity must obtain approval from UDOT regarding the size, information on, and location of the acknowledgment sign.

(5) Before performing maintenance on an acknowledgment sign under Subsection (2), a third party must obtain approval from UDOT.

(6) Subject to UDOT approval, an acknowledgment sign under the Sponsor-a-Highway Program may contain any combination of a local business's or other sponsoring entity's slogans, DBA names, registered trademarks, or registered service marks.

(7) The Sponsor-a-Highway Program is not intended as a free speech forum.

(8) UDOT may at any time and for any reason:

(a) revoke the right for a third-party entity, a local business, or other sponsoring entity to participate in the Sponsor-a- Highway Program; and

(b) remove a Sponsor-a-Highway Program acknowledgment sign.

History

KEY: adopt-a-highway, sponsor-a-highway, litter, volunteer
Date of Last Change: January 23, 2024
Notice of Continuation: September 15, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201

R918-5 Construction or Improvement of Highway

Utah Admin. Code R918-5-1 Authority

This rule is required by Section 72-6-107 of the Transportation Code and is promulgated pursuant to Section 63G-3-301 of the Utah Administrative Rulemaking Act and Section 72-1-201.

History

KEY: maintenance, construction, improvement projects, bid limits
Date of Last Change: October 24, 2016
Notice of Continuation: April 16, 2026
Authorizing, and Implemented or Interpreted Law: 72-6-109; 72-6-107

Utah Admin. Code R918-5-2 Purpose and Background

Section 72-6-107 requires that any construction or improvement project whose estimated cost for labor and materials exceeds the Bid Limit defined in Section 72-6-109 shall be performed under contract awarded to the lowest responsible bidder. Construction or improvement projects with estimated costs for labor and materials lower than that Bid Limit may be performed by force account. That same section also directs the Department to establish a procedure whereby evidence that a region violated that law may be heard, and also directs the Department to establish sanctions for a region found to be in violation. This rule establishes those procedures and sanctions.

History

KEY: maintenance, construction, improvement projects, bid limits
Date of Last Change: October 24, 2016
Notice of Continuation: April 16, 2026
Authorizing, and Implemented or Interpreted Law: 72-6-109; 72-6-107

Utah Admin. Code R918-5-3 Definitions

(1) "Bid Limit" is the dollar amount set forth in Section 72-6-109.

(2) "Department" or "UDOT" means the Utah Department of Transportation.

(3) "Region" means one of the four regions of the Utah Department of Transportation.

(4) "Project" means the performance of a clearly identifiable group of associated road construction activities or the same type of maintenance process, where the construction or maintenance is performed on any one road, within a half-mile proximity and occurs within the same calendar year.

History

KEY: maintenance, construction, improvement projects, bid limits
Date of Last Change: October 24, 2016
Notice of Continuation: April 16, 2026
Authorizing, and Implemented or Interpreted Law: 72-6-109; 72-6-107

Utah Admin. Code R918-5-4 Process to Hear Evidence of Violations

(1) There is established within the Department a "Bid Limit Hearing Board" (the Board), consisting of persons in the following positions:

(a) Director of Operations (Chair);

(b) Engineer for Construction;

(d) Director of Project Development;

(e) UDOT Internal Auditor;

(f) One UDOT Region Director (appointed by the Deputy Director on a case-by-case basis); and

(g) Deputy Engineer for Maintenance (Secretary/Recorder, non-voting).

(2) Any person, corporation, government agency, or UDOT group, having reasonable evidence that a region violated any provision of Section 72-6-107, may request that the Board be convened to hear that evidence, by submitting a written request or complaint to the Department's Deputy Director.

(3) Upon receiving a complaint of an alleged violation, the Deputy Director shall direct the Board to convene by notifying the Chair that a complaint has been received.

(4) The Board shall convene no later than 30 days after the Deputy Director receives the complaint.

(5) During the hearing, the complainant shall present objective evidence that the estimated cost of the project for labor and materials exceeded the Bid Limit. The evidence shall include credible cost data to support the allegation. The accused region shall be afforded the opportunity to defend itself against any and all allegations by presenting credible evidence of its own.

(6) Having heard evidence from both parties, the Board shall privately deliberate on the evidence heard and return a decision either supporting the complainant's claim of a violation, or finding the claim unsubstantiated. The board's decision shall be based on a simple majority vote of the board. The Board shall then notify the Deputy Director of its decision and recommendation for sanction if appropriate.

(7) Upon receiving the Board's decision, the Deputy Director shall either dismiss an unsubstantiated claim or administer an appropriate sanction against the region in violation. The Deputy Director has discretion to administer either the standard sanction outlined in Section R918-5-5, or other appropriate corrective action.

History

KEY: maintenance, construction, improvement projects, bid limits
Date of Last Change: October 24, 2016
Notice of Continuation: April 16, 2026
Authorizing, and Implemented or Interpreted Law: 72-6-109; 72-6-107

Utah Admin. Code R918-5-5 Standard Sanction for Violation

The standard sanction for a region found in violation of the provisions of Section 72-6-107 by exceeding the Bid Limit for labor and materials, is a penalty to be taken from that region's operations budget (commonly known as the "Code 1" budget), and distributed equally among the other three regions. The standard amount of the penalty is the larger of: (1) the total cost of the project for labor and materials, less the Bid Limit in effect at the time the project began, or (2) $100,000.

History

KEY: maintenance, construction, improvement projects, bid limits
Date of Last Change: October 24, 2016
Notice of Continuation: April 16, 2026
Authorizing, and Implemented or Interpreted Law: 72-6-109; 72-6-107

R918-6 Maintenance Responsibility at Intersections, Overcrossings, and Interchanges between Class A Roads and Class B or Class C Roads

Utah Admin. Code R918-6-1 Authority

Section 72-1-201 assigns to the Utah Department of Transportation general responsibility for the maintenance of the state transportation system, and directs the department to make policy and rules governing the same, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. Sections 72-3-102, 72-3-103, and 72-3-104 assign maintenance responsibility for Class A Roads (state roads), Class B Roads (county roads), and Class C Roads (city streets), to the state, counties, and municipalities, respectively. Section 72-1-208 directs the department to cooperate with counties and municipalities in the maintenance of highways and allows the department to provide maintenance services to them under terms mutually agreed upon. Section 72-3-109 delineates the division of responsibilities for state highways within cities and towns. Section 72-6-105 provides that the department may enter into written agreements with counties and municipalities for the maintenance of any highway.

History

KEY: maintenance, intersections, interchanges, structures
Date of Last Change: February 7, 2018
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-208; 72-3-102; 72-3-103; 72-3-104; 72-3-109; 72-6- 105

Utah Admin. Code R918-6-2 Purpose and Background

(1) The purpose of this rule is to assign maintenance responsibility between the department and the local government entity for roadway and roadside features at the intersection of state and local roads, including grade-separated interchanges, overcrossings, undercrossings, and at-grade intersections.

(2) In general, the department is responsible for the maintenance of all state roads, including roadside features associated with those roads, except as otherwise delineated in state law. Likewise, county and municipal governments are responsible for roads under their jurisdiction.

(3) In the case of bridges, the department is responsible for the maintenance of bridges on the state highway system, and county and municipal governments are responsible for maintenance of bridges on their respective road systems. UDOT is responsible for, and carries out, inspections on all highway bridges located on public roads, both on the state highway system and on the local road system, on a schedule that results in an inspection for each bridge every two years. Prior to a scheduled inspection, local government will be notified and invited to attend the inspection. Subsequent to each inspection, UDOT supplies a bridge inspection summary to the entity responsible for maintenance of the bridge (UDOT maintenance shed in the case of bridges on the state highway system, or the local government in the case of bridges on the local road system), which describes recommended preventive and rehabilitative bridge maintenance actions, and which, in the case of bridges carrying a local road over a state highway, indicates which maintenance and preventive actions are the responsibility of the local government. The responsible jurisdiction is then expected to perform the actions recommended in the bridge inspection summary, in order to keep the bridge in a state of good repair.

(4) Where state roads intersect with roads under local jurisdiction, either at grade or at a grade separation, confusion sometimes arises regarding the maintenance responsibility for specific features at those locations. This rule is intended to clarify which jurisdiction has responsibility for which elements at those locations, and to address the large majority of such situations. Sometimes, however, unusual circumstances or geometry may render a logical division of responsibilities difficult. In those cases, formal agreements between the parties involved are appropriate and encouraged. The language in this rule was developed to encourage consistency regarding maintenance responsibilities between the department and local government. It is recognized the traveling public may benefit in some cases from deviations from the guidelines set forth in this rule to meet the capabilities and skills available individually at the department's maintenance sheds and/or local road departments. In such cases, Region Directors of the department and local officials should together evaluate the guidelines and deviate from them as necessary and as mutually agreed upon, to meet the needs of a specific situation. Open and frequent communication supported by a written agreement is strongly encouraged.

History

KEY: maintenance, intersections, interchanges, structures
Date of Last Change: February 7, 2018
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-208; 72-3-102; 72-3-103; 72-3-104; 72-3-109; 72-6- 105

Utah Admin. Code R918-6-3 Definitions

For the purpose of this rule, the following definitions apply:

(1) "At-grade intersection" means a surface street intersection that may be signalized or unsignalized, where one or more of the intersecting streets are state routes;

(2) "Department", or "UDOT", means the Utah Department of Transportation;

(3) "Full control of access", means access to adjoining land that is designated as no access or limited access by means of the right-of-way instrument;

(4) "Grade-separated interchange" means an intersection where the state road or interstate highway and the local road are separated from each other by one or more structures, and where access between the two roads is provided by means of entrance and exit ramps;

(5) "Local road" means any road under the jurisdiction of any public entity other than UDOT. The entity may be a county, a municipality, or an agency of the federal government;

(6) "Overcrossing" means a grade-separated intersection where no access between the intersecting roadways is provided, and where the state road or interstate highway crosses over the local road;

(7) "Undercrossing" means a grade-separated intersection where no access between the intersecting roadways is provided, and where the state road or interstate highway crosses under the local road.

History

KEY: maintenance, intersections, interchanges, structures
Date of Last Change: February 7, 2018
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-208; 72-3-102; 72-3-103; 72-3-104; 72-3-109; 72-6- 105

Utah Admin. Code R918-6-4 General Maintenance Responsibilities

(1) Signal Systems. Maintenance responsibility for all signal systems on state roads, and components that are required for the functionality of those systems, belongs to UDOT. This includes detection and signing on the local legs of the intersection.

(2) Park Strips, Sidewalks, and Pedestrian Ramps. Maintenance responsibility for park strips and sidewalks, including that portion of pedestrian access ramps behind the curb, belongs to the local government. Replacement and upgrading as part of road improvement projects may be done by UDOT.

(3) Curb and Gutter. Maintenance responsibility for curb and gutter belongs to UDOT for state routes, and to the local government for local routes. UDOT responsibility on the local leg extends to the point of tangency of the curb radius.

(4) Snow Removal. Responsibility for snow removal from the roadway belongs to UDOT for state routes, and to the local government for local routes. UDOT is responsible for snow removal on ramps at interchanges on state routes.

(5) Pavement Maintenance. Responsibility for roadway pavement maintenance belongs to UDOT for state routes, and to the local government for local routes. This includes the pavement surface on or under bridges. For at-grade intersections, UDOT is responsible for pavement maintenance through the intersection, bounded by a line extending to the point of tangency of the edge of oil, or of the curb return if a curb exists, on the local leg. If the geometry of the approach is unusual, such as angled instead of rounded, UDOT responsibility shall extend to a point agreeable to both parties. In no case, however, shall UDOT responsibility extend beyond the right-of-way line. UDOT is responsible for pavement maintenance on ramps at interchanges on state routes.

(6) Traffic Islands. Responsibility for traffic islands belongs to UDOT for state routes, and to the local government for local routes. For at-grade intersections, UDOT is responsible for island maintenance through the intersection. Maintenance responsibility for any landscaping within traffic islands is described in R918-6-4(15).

(7) Pavement Striping and Messages. Responsibility for pavement striping and marking belongs to UDOT for state routes, and to the local government for local routes. Local jurisdiction responsibility includes stop bars and crosswalks on the local legs of unsignalized intersections. At signalized intersections, UDOT is responsible for stop bars and crosswalks on all legs, and the local government is responsible for lane lines and other markings or messages on the local legs.

(8) Highway Lighting. Responsibility for maintenance, including payment of power bills, repairs and replacement when necessary, of highway lighting is divided as follows.

(a) UDOT is responsible for:

(i) mainline interstate, interchange, and interstate underpass lighting;

(ii) cross street underpass lighting at interchanges with on/off ramps;

(iii) sign lighting on state routes or along the interstate corridor;

(iv) traffic signals on state routes or interstate corridor off ramps;

(v) unsignalized intersection lighting at on or off ramp intersecting cross street; and

(vi) signal-attached lighting at non-traditional signalized intersections, such as Diverging Diamond Interchanges (DDI), and Single Point Urban Interchanges (SPUI).

(b) Local government is responsible for:

(i) street lighting along state routes, other than interstate;

(ii) non-interstate cross street underpass lighting where no interchange on or off ramps occur;

(iii) all decorative lighting requested by the municipality or county including street, bridge, and underpass lighting; and

(iv) lighting at traditional signalized intersections along state routes.

(9) Signs. Responsibility for signs belongs to UDOT for signs facing traffic on state routes, and to the local government for signs facing traffic on local routes, with the exception that UDOT is responsible for traffic control, route marker, junction, and guide signs associated with a state route but facing traffic on a local route. For STOP and YIELD signs on the local legs of unsignalized intersections, the local government is responsible for initial installation, non-safety critical maintenance such as minor vandalism, graffiti, or leaning, and coordination with UDOT to identify and correct fading (loss of retroreflectivity), and UDOT is responsible for safety critical maintenance such as replacement of knock-downs. At signalized intersections, UDOT is responsible for signs mounted on the signal mast arm. UDOT will coordinate the installation of signs on local routes with the local agency prior to sign installation. The local government is responsible for street name signs, except those mounted on signal mast arms.

(10) Crash Cushions, Barrier, Etc. Responsibility for crash cushions, barrier, guardrail, and end treatments, belongs to UDOT for those elements protecting traffic on state routes, and to the local government for those protecting traffic on local routes.

(11) Sweeping. Responsibility for roadway sweeping belongs to UDOT for state routes, and to the local government for local routes. UDOT is responsible for sweeping on ramps at interchanges.

(12) Graffiti. Graffiti removal from structures is the responsibility of the entity having the best access to the graffiti. In general, that is the entity having jurisdiction of the road underneath the structure.

(13) Cattle Guards. UDOT provides cattle guards within the rural area of the State at all freeway access points to fully controlled access highways, either on the cross road or the entrance ramps, as necessary to meet the requirements of the particular location. Responsibility for maintenance of these cattle guards belongs to UDOT. Where cattle guards exist along partially controlled access state roads, either across a local road or a private road, responsibility for maintenance of the cattle guard belongs to the local jurisdiction or to the private property owner.

(14) Weed Control. In accordance with Section 72-3-109, responsibility for weed control and mowing behind the curb or beyond the shoulder at at-grade intersections, both signalized and unsignalized, belongs to the local government. On facilities with full control of access, UDOT will be responsible for weed control and mowing to a point that ensures adequate sight distance.

(15) Decorative Landscaping. Responsibility for maintenance of landscaping beyond the baseline described in UDOT Aesthetics Guidelines, including irrigation systems, belongs to the local jurisdiction.

(16) Drainage Facilities such as catch basins, culverts, etc. In general, storm drain systems and culverts will be maintained by the owner of the drainage facility, unless otherwise stipulated in a cooperative agreement. Catch basins and their connector pipes at intersections will be maintained by the entity having jurisdiction for the road.

History

KEY: maintenance, intersections, interchanges, structures
Date of Last Change: February 7, 2018
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-208; 72-3-102; 72-3-103; 72-3-104; 72-3-109; 72-6- 105

Utah Admin. Code R918-6-5 Maintenance Responsibility at Overcrossings and at Interchanges where the State Route Crosses Over the Local Route

(1) UDOT is responsible for:

(a) maintenance, repairs, and replacement of all structure elements, including decks, parapets, bent caps, beams, columns, footings, abutments, approach slabs, and slope protection;

(b) maintenance of drains on the structure;

(d) fence maintenance on the structure and its approaches and ramps; and

(e) vegetation control, including mowing, along the state route, as demarcated by access control or Right-of-Way fencing.

(2) The local jurisdiction is responsible for:

(a) maintenance of drainage under the structure;

(b) vegetation control, including mowing, along the local route, as demarcated by access control or Right-of-Way fencing; and

(3) If the local entity proposes a pavement treatment that would decrease vertical or horizontal clearance under the structure to less than the current standard, or that would potentially compromise the integrity of substructure elements, such work shall be done in consultation with UDOT.

History

KEY: maintenance, intersections, interchanges, structures
Date of Last Change: February 7, 2018
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-208; 72-3-102; 72-3-103; 72-3-104; 72-3-109; 72-6- 105

Utah Admin. Code R918-6-6 Maintenance Responsibility at Undercrossings and at Interchanges where the State Route Crosses Under the Local Route

(1) UDOT is responsible for:

(a) Providing a bridge inspection summary for all structures to the local entity, indicating which recommended actions are the responsibility of the local entity;

(b) major structure rehabilitation, including repair or replacement of parapets, bent caps, beams, columns, footings, abutments, approach slabs, and slope protection;

(c) deck rehabilitation where necessary to preserve the structural integrity of the bridge such as where the rebar is exposed;

(d) structural replacement of bridge joints;

(e) maintenance of retaining walls;

(f) maintenance of drainage under the structure;

(g) vegetation control, including mowing, along the state route, as demarcated by access control or Right-of-Way fencing; and

(h) fence maintenance under the structure.

(2) The local jurisdiction is responsible for:

(a) routine maintenance and preventive maintenance actions indicated in the bridge inspection summary to be the responsibility of the local entity. This maintenance normally includes deck overlay/seal treatments, deck pothole patching, parapet surface repair and sealing, bridge joint cleaning and sealing, and drain cleaning and maintenance. If UDOT performs a deck rehabilitation project involving pothole patching and an overlay system, the local owner is responsible to maintain the overlay upon completion of the initial installation. If the local entity proposes a deck treatment that would add static load to the structure, such work shall be done in consultation with UDOT;

(b) submitting records to UDOT Structures Division of deck and parapet maintenance work performed by the local jurisdiction according to the recommendations in the bridge inspection summary. If the local jurisdiction does not perform the preventive maintenance work, and rehabilitation work becomes necessary, the local jurisdiction and UDOT will meet to negotiate how the cost of the rehabilitation work to be performed will be shared;

(d) vegetation control, including mowing, along the local route, as demarcated by access control or Right-of-Way fencing; and

(e) maintenance of decorative landscaping beyond the UDOT Aesthetics Guideline baseline, as described in R918-6- 4(15).

History

KEY: maintenance, intersections, interchanges, structures
Date of Last Change: February 7, 2018
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-208; 72-3-102; 72-3-103; 72-3-104; 72-3-109; 72-6- 105

R918-7 Highway Sponsorship Programs

Utah Admin. Code R918-7-1 Authority

This rule is authorized by Section 72-6-403 and is promulgated pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act and Transportation Code Section 72-1-201.

History

KEY: maintenance, rest area, sponsorships
Date of Last Change: January 23, 2025
Notice of Continuation: December 2, 2024
Authorizing, and Implemented or Interpreted Law: 72-6-401; 72-6-402; 72-6-403; 23 CFR 752.7

Utah Admin. Code R918-7-2 Purpose and Background

Title 72, Chapter 6, Part 4 Highway Sponsorship Program Act provides the requirements the department must follow when establishing a sponsorship program for department operational activities such as rest areas, safety programs, and litter control. Section 72-6-403 directs the department to make rules governing certain aspects of such programs. The purpose of the sponsorship program is to generate an ongoing revenue stream or cost savings to offset costs associated with a supported operational activity and the operation and maintenance of the state highway system.

History

KEY: maintenance, rest area, sponsorships
Date of Last Change: January 23, 2025
Notice of Continuation: December 2, 2024
Authorizing, and Implemented or Interpreted Law: 72-6-401; 72-6-402; 72-6-403; 23 CFR 752.7

Utah Admin. Code R918-7-3 Definitions

(1) "Acknowledgement plaque" means a plaque that is:

(a) intended only to inform the traveling public that a person, firm, or entity is participating in the department's highway sponsorship program; and

(b) installed only in the same sign assembly below a primary sign that provides the road user specific information on accessing the service being sponsored.

(2) "Acknowledgement Sign" has the same meaning as defined in Section 72-6-402.

(3) "Advertisement" or "advertising sign" means a sign or other device that promotes commercial products or services through:

(a) slogans;

(b) information on where to obtain the products and services; or

(4) "Department" and "UDOT" mean the Utah Department of Transportation.

(5) "Facility within a Rest Area" means an enclosed building, or freestanding bulletin board or partial enclosure within a rest area or welcome center, constructed by the department to provide specific information to the motorist as to services, places of interest within the state, and other such information as the department may consider desirable.

(6) "FHWA" means the Federal Highway Administration.

(7) "Legend" has the same meaning as in the MUTCD.

(8) "Main Traveled Way" means the portion of the roadway for the movement of vehicles, exclusive of the shoulders, ramps, berms, sidewalks, and parking lanes.

(9) "MUTCD" means the most recently adopted version of the Utah Manual on Uniform Traffic Control Devices as adopted by the department in accordance with Section 41-6a-301 and Rule R920-1.

(10) "Recipient agency" means an organization that directly receives the highway-related service, product, or monetary contribution from the sponsor entity. The recipient agency might be the department, or a contractor engaged by the department to administer the highway-related service and manage the sponsorship program.

(11) "Roadside facility" means a facility constructed to support the highway system.

(12) "RWIS" means a road weather information system that uses technology to collect, transmit, model, and disseminate weather and road condition information.

(13) "Sponsor" means a person, firm, or entity that provides a monetary contribution or highway-related service or product to a recipient agency in exchange for a logo display on an acknowledgement sign or plaque or some other recognition for providing the contribution, service or product to the recipient agency.

(14) "Sponsorship agreement" has the same meaning as defined in Section 72-6-402.

(15) "Sponsorship program" means a program that allows a person, a firm, or an entity to sponsor an element of the department's highway operation through the provision of highway-related services, products, or monetary contributions.

(16) "Visible" means the sign legend is capable of being seen by the viewer from the main traveled way

History

KEY: maintenance, rest area, sponsorships
Date of Last Change: January 23, 2025
Notice of Continuation: December 2, 2024
Authorizing, and Implemented or Interpreted Law: 72-6-401; 72-6-402; 72-6-403; 23 CFR 752.7

Utah Admin. Code R918-7-4 Allowable Sponsorship Programs

(1) The following elements of the department's operation are eligible for sponsorship:

(a) roadside facilities, physical facilities directly adjacent to highway infrastructure including:

(i) rest areas;

(ii) welcome centers;

(iii) view areas;

(iv) scenic overlooks;

(v) ports of entry;

(vi) chain-up areas; and

(vii) runaway truck ramps;

(b) litter control;

(i) Zero Fatalities;

(ii) Student Neighborhood Access Program;

(iii) bicycle safety;

(iv) truck safety; and

(v) shared use paths; and

(d) other programs that positively impact traffic operations and maintenance.

History

KEY: maintenance, rest area, sponsorships
Date of Last Change: January 23, 2025
Notice of Continuation: December 2, 2024
Authorizing, and Implemented or Interpreted Law: 72-6-401; 72-6-402; 72-6-403; 23 CFR 752.7

Utah Admin. Code R918-7-5 Acknowledgement Signs and Plaques - Size, Placement, and Content Restrictions

(1) The placement of acknowledgement signs or plaques for roadside facility sponsorship is prohibited on the main traveled way. Such acknowledgement signs or plaques are permissible within the roadside facility, provided that the signs are placed such that the legend on the sign is not visible from any main traveled way, and such that the signs do not pose safety risks to roadside facility users..

(2) Acknowledgment signs and acknowledgment plaques:

(a) shall meet:

(i) any relevant requirements of the MUTCD, including:

(A) the general criteria, purposes, and principles of traffic control devices provided in Parts 1 and 2; and

(B) specific sign criteria provided in Part 2; and

(ii) relevant sign design principles covered in the Standard Highway Signs and Markings Book;

(b) should be appropriately sized commensurate with the legibility needs of the bikeway or path user;

(d) may only be roadside, post-mounted installations;

(e) may not be placed at a key decision point where the attention of a driver is more appropriately focused on traffic control devices, roadway geometry, or traffic conditions.

(f) unless specifically allowed by the MUTCD, may not be appended to any other sign, sign assembly, or other traffic control device; and

(g) shall remain in place only during the agreement.

(3) For sponsorship of a program that is not site-specific, the acknowledgment plaque may be mounted in the same sign assembly below a general service sign.

(4) The department will consider the provision of highway-related services, products, or monetary contributions that occurs through naming sponsorship, sometimes referred to as "naming rights," of officially mapped, named, or numbered highways to be sponsorship. Consistent with the MUTCD, an unofficial overlay or secondary designation in the name of a sponsor on the official highway name or number through proclamation, contract, agreement, or other means, may be acknowledged within the highway right-of-way only with an acknowledgment sign. An acknowledgment sign may not display a legend that states, either explicitly or by implication, that the highway is named for the sponsor.

(5) Acknowledgment sign and acknowledgment plaque messages may not be interspersed, combined, or alternated with other official traffic control messages, either in the same display space, by adjacency in the same assembly, or by adjacency of multiple assemblies whose longitudinal separation does not meet the placement criteria contained in the MUTCD, including when placed on opposite sides of the roadway facing the same direction of travel.

(6) If a graphic logo is used to represent the sponsor instead of a word legend using the FHWA Standard Alphabets, the logo may only be the principal trademarked official logo that represents the corporate name of the sponsor. Secondary logos or representations, even if trademarked, copyrighted, or otherwise protected, are classified as promotional advertising and will not be allowed.

(7) An alternative business name whose sole or primary purpose appears to be to circumvent the provisions of the MUTCD or this rule is classified as promotional advertising rather than an acknowledgment of a sponsoring entity of a highway- related service.

(8) The department may not allow acknowledgment signs or acknowledgment plaques that include displays mimicking advertising. The determination of whether a sign mimics or constitutes advertising lies with the FHWA.

(9) In accordance with the MUTCD, a brief department-wide slogan may be displayed on an acknowledgment sign. The slogan displayed is that of the program name, such as "SPONSOR-A-HIGHWAY." Slogans for companion, supplementary, or other programs unrelated to the service being sponsored may not be displayed on any acknowledgment sign or acknowledgment plaque.

(10) Acknowledgement signs and acknowledgment plaques for safety programs or other operational elements that are not roadside facilities may not be placed any closer than one mile from any other acknowledgment sign or acknowledgment plaque in the same direction on the main traveled way. The one-mile restriction applies regardless of which program sponsorship is being acknowledged, with the exception that Sponsor-A-Highway litter control recognition signs may be placed independently of signs acknowledging any other program. Sponsor-A-Highway litter control recognition signs may be placed as close as one mile from each other if facing in the same direction.

(11) As determined by UDOT, an acknowledgment sign or acknowledgment plaque may not:

(a) create a safety concern; or

(b) interfere with the free and safe flow of traffic.

(12) As determined by UDOT, an acknowledgment sign or plaque may not promote or acknowledge sponsorship of:

(a) a substance or activity that is illegal for minors, such as alcohol, tobacco, drugs, or gambling;

(b) a political party, candidate, purpose, or issue; or

History

KEY: maintenance, rest area, sponsorships
Date of Last Change: January 23, 2025
Notice of Continuation: December 2, 2024
Authorizing, and Implemented or Interpreted Law: 72-6-401; 72-6-402; 72-6-403; 23 CFR 752.7

Utah Admin. Code R918-7-6 Advertising - Size, Placement, and Content Restrictions

(1) The placement of any advertising within the right of way, except in a facility within a rest area or welcome center, is prohibited. Any advertisement within rest area and welcome center facilities shall meet the following:

(a) the advertising legend may not be visible from the main traveled way;

(b) the advertisement may not resemble any traffic control device;

(c) signed advertisement shall only consist of printed or electronic media affixed within the interior of the building, or if the facility is in the form of a bulletin board or a partial enclosure, on the side facing away from any main traveled way;

(d) individual mounted signs and electronic displays are limited to four feet by eight feet in either portrait or landscape format; and

(e) any advertisement requirement described in 23 C.F.R. 752.7.

(2) Any advertising sign or other advertisement may not:

(a) create a safety concern; or

(b) interfere with the free and safe flow of traffic.

(3) No advertising sign or other advertisement may promote:

(a) any substance or activity that is illegal for minors, such as alcohol, tobacco, drugs, or gambling;

(b) any political party, candidate, purpose, or issue; or

History

KEY: maintenance, rest area, sponsorships
Date of Last Change: January 23, 2025
Notice of Continuation: December 2, 2024
Authorizing, and Implemented or Interpreted Law: 72-6-401; 72-6-402; 72-6-403; 23 CFR 752.7

R920 Operations, Traffic and Safety

R920-1 Utah Manual on Uniform Traffic Control Devices

Utah Admin. Code R920-1-1 Purpose and Authority

The purpose of this rule is to adopt standards and establish specifications for a uniform system of traffic-control devices used on all highways open to public travel, to establish criteria and specifications for the establishment, location, and operation of school crosswalks, school zones, and reduced speed school zones, and to establish specifications for uniform signage or markings to clearly identify school bus parking zones. This rule is authorized and required by Sections 41-6a-301, 41-6a-303 and 41-6a- 1307.

History

KEY: traffic control, pedestrians, school zones, traffic signs
Date of Last Change: August 24, 2015
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-301; 41-6a-303; 41-6a-1307

Utah Admin. Code R920-1-2 Incorporation

Incorporated by reference is the Utah Manual on Uniform Traffic Control Devices, 2009 Edition with revisions through June 30, 2015 (Utah MUTCD). This manual was determined to be in substantial conformance with the 2009 MUTCD by the Federal Highway Administrator which, in accordance with Title 23, U.S. Code, Section 655, is the standard for all highways open to public travel in accordance with Title 23, U.S. Code, Sections 109(d) and 402(a). Included in Part 7 of the Utah MUTCD is the Utah Traffic Controls for School Zones establishing the criteria and specifications authorized and required by Sections 41-6a-303 and 41-6a-1307.

History

KEY: traffic control, pedestrians, school zones, traffic signs
Date of Last Change: August 24, 2015
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-301; 41-6a-303; 41-6a-1307

Utah Admin. Code R920-1-3 Authority of Executive Director or Designee

All authority shall rest with the Utah Department of Transportation Executive Director or his designee to develop or modify the Utah MUTCD, including the Utah Traffic Controls for School Zones, as the standard for all highways open to public travel in Utah.

History

KEY: traffic control, pedestrians, school zones, traffic signs
Date of Last Change: August 24, 2015
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-301; 41-6a-303; 41-6a-1307

R920-2 Rural Conventional Road Definition

Utah Admin. Code R920-2-1 Purpose and Authority

The purpose of this rule is to adopt standards and establish specifications for the definition of rural conventional roads as required in Section 72-7-504 (amended 2015).

History

KEY: rural conventional roads, unincorporated county, tourist-oriented directional signs, urbanized areas
Date of Last Change: August 24, 2015
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-7-504

Utah Admin. Code R920-2-2 Definitions

Rural conventional roads are roads that are in rural areas.

Rural areas are communities and unincorporated county not within the boundaries of urbanized areas and urban clusters as identified by the Department.

History

KEY: rural conventional roads, unincorporated county, tourist-oriented directional signs, urbanized areas
Date of Last Change: August 24, 2015
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-7-504

Utah Admin. Code R920-2-3 Authority of Executive Director or Designee

All authority shall rest with the Utah Department of Transportation Executive Director or his designee to develop or modify the definition in R920-2-2.

History

KEY: rural conventional roads, unincorporated county, tourist-oriented directional signs, urbanized areas
Date of Last Change: August 24, 2015
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-7-504

R920-4 Special Road Use or Event

Utah Admin. Code R920-4-1 Purpose, Authority, Scope, and Definitions of Rule

(1) The purposes of this rule are to:

(a) ensure the right of Utahns and visitors to speak and protest in public forums and other public places owned or maintained by the Utah Department of Transportation;

(b) encourage and support special events such as parades, runs and walks, bicycle races, and film-related activities, recognizing their importance to Utah's economy and to the well-being of residents of and visitors to Utah;

(c) manage limited resources and multiple requests for the use of the same roadways in a responsible and content- neutral manner;

(d) encourage collaboration with local governments in the review and management of special road uses;

(e) provide guidelines and an appeal process for the review of applications for special road use permits; and

(f) set reasonable time, place, and manner restrictions for the safe use of roadways for free speech events, and set reasonable requirements on other special events on highways and land under the jurisdiction of the department to protect public safety, persons, and property, and to accommodate the interests of persons not participating in the assemblies to use the roadways for travel;

(2) This rule is intended to further the following governmental interests:

(a) the rights of Utahns to speak, protest, and peaceably assemble;

(b) the safety of all participants in, and spectators of, special events;

(d) the ability of emergency service providers to access and care for participants and spectators in special road use events, and for residents near such events;

(e) the management of limited resources;

(f) Utah's tourism industry and its strong economy;

(g) the ability of residents and others not participating in any special event, to travel on the roadways and to access private property without unreasonable disruption; and

(h) the protection against unreasonable financial burdens on the department or the state.

(3) The purpose of Section R920-4-16 is to:

(a) provide how a law enforcement agency may obtain a special use permit to conduct the automatic license plate reader system activity authorized under Section 41-6a-2003;and

(b) specify a procedure and conditions for applying for and granting a special use permit and an encroachment permit for installing and maintaining an automatic license plate reader system.

(4) This rule is authorized by Sections 72-1-201, 72-1-212 and 41-6a-1111. This rule applies to all highways and adjacent rights-of-way under the department's jurisdiction.

(5) Definitions.

The following definitions shall apply for purposes of Rule 920-4:

(a)(i) "Applicant" means an individual, corporation, unincorporated association, local government, or other organization seeking a special event permit.

(ii) "Applicant" includes predecessors or successors in interest to the applicant, and, if the applicant is an entity, officers and principals of the applicant.

(b) "Day" means a calendar day, except as otherwise expressly stated in this rule.

(d)(i) "Free speech road use" means a type of special road use conducted for persons expressing their political, social, religious, or other views protected by the First Amendment to the United States Constitution and Article I, Section 15, of the Utah Constitution during the event.

(ii) "Free speech road use" does not include:

(A) solicitations or events which primarily propose a commercial transaction;

(B) bicycle races or events;

(D) motorcycle rallies, parades, and similar events; or

(E) use of highways and adjacent rights-of-way for motion picture or still photography.

(e) "Local government" means a municipality as defined in Subsection 10-1-104(5), a county, or an institution of higher education defined in Section 53B-2-101.

(f) "Short-notice free speech road use" means a type of free speech road use which arises out of, or is related to, events or other public issues which cannot be reasonably anticipated far enough in advance of the occurrence to allow compliance with the deadlines otherwise required in this rule. An applicant bears the burden of demonstrating that a proposed free speech road use is a short notice free speech road use.

(g) "Special event permit" means a permit sought or granted by the department for a special road use.

(h) "Special road use" means a use or event taking place on a highway or adjacent to a highway other than normal traffic or lawful pedestrian movement.

(i) "Special road use" includes:

(A) a demonstration, rally, vigil, picket line or similar gathering;

(B) a parade or march;

(D) a foot race, including a fun-run, race, walk, or similar event;

(E) a motorcycle rally, parade, ride, or similar event; and

(F) the use of highways and adjacent rights-of-way for motion picture or still photography.

(ii) "Special road use" does not include:

(A) outdoor advertising, regulated by the Protection of Highways Act, Sections 72-7-501 et seq., and Rule R933-2;

(B) encroachment on, or the placement, construction, or maintenance of, roads, driveways, advertising, and utilities, regulated by Section 72-7-701 et seq. and Rule R930-7; and

History

KEY: parades, permits, road races, special events
Date of Last Change: November 21, 2023
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201; 72-1-212

Utah Admin. Code R920-4-2 Permit Required for Special Road Use; Exceptions

(1) The department will require a special event permit for a special road use. A special road use may not occupy the roadway until a permit is issued. A permit shall be obtained by submitting a completed application form to the department for the particular type of special road use requested, accompanied by the fees as listed within the department fee schedule and other documents or attachments as required by this rule.

(2) An applicant shall send an application to the regional office in which the special road use originates. If the special road use continues through multiple department regions, the department may designate a regional office to coordinate the application process throughout all other affected regions.

(3) The department may not require a special event permit for activities that occur entirely on a sidewalk, crosswalk, or dedicated pedestrian passageway adjacent to or nearby a roadway if:

(a) pedestrians are lawfully permitted to be present in the area;

(b) reasonable measures are taken to ensure that the activity does not encroach upon the roadway or otherwise affect normal vehicular traffic flow; and

History

KEY: parades, permits, road races, special events
Date of Last Change: November 21, 2023
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201; 72-1-212

Utah Admin. Code R920-4-3 Timeline for Submitting Applications

(1) Subject to the requirements of this section, applicants are encouraged to submit applications for a special event permit as far in advance as is practicable to allow sufficient time for the completion of the application, for the negotiation of conditions to the application, and for appeal, if authorized.

(2) An applicant shall submit a completed application for a special event permit at least 30 days before the proposed special road use. The department may consider an application not received by the specified deadline if;

(a) the applicant pays the expedited review fee as defined in Section R920-4-4; and

(b) there is sufficient time for the department to process the application, to coordinate with the applicant, and to ensure that the applicant will comply with the terms of the permit.

(3) An applicant may not file an application more than one year before the proposed event date.

(4) Subsection R920-4-3(2) does not apply to:

(a) a special event permit for a short notice free speech road use; or

(b) a special event permit sought by a local government for a special road use if the local government is responsible for the supervision and safety of the special road use.

History

KEY: parades, permits, road races, special events
Date of Last Change: November 21, 2023
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201; 72-1-212

Utah Admin. Code R920-4-4 Fees for Filing Applications; Exceptions

(1) An applicant for a special event permit shall include with the application the appropriate nonrefundable review fees as listed within the department's fee schedule. The fees are imposed as a regulatory measure and are charged only to defray the expenses of processing the application, reviewing for acceptability, and monitoring the event to ensure conformity with the intent expressed in Section R920-4-1.

(2) A special event permit application not received by the deadline in Subsection R920-4-3(2) shall be accompanied by a nonrefundable expedited review fee as listed within the department fee schedule. Payment of the expedited fee does not guarantee that the department will process the application.

(3)(a) Subsection R920-4-4(1) does not apply to:

(i) a special event permit sought by a local government if the local government is responsible for the supervision and safety of the special road use.

(ii) an application for a special event permit for a free speech road use if the applicant demonstrates, by sufficient evidence, that the payment of the fee would affect the ability of the applicant to provide for the necessities of life.

(b) For purposes of Subsection R920-4-4(3)(a)(ii), if an applicant is an organization, the department may require proof that the organization's membership is similarly unable to pay.

(4) Subsection R920-4-4(2) does not apply to a special event permit for a short notice free speech road use. An application for a special event permit for a short notice free speech road use shall pay the nonrefundable fee specified in Subsection R920-4-4(1), unless one of the exceptions in Subsection R920-4-4(3) also applies.

History

KEY: parades, permits, road races, special events
Date of Last Change: November 21, 2023
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201; 72-1-212

Utah Admin. Code R920-4-5 Restrictions on Special Event Permits

(1) The region permit officer may not issue a special event permit if, in the two years preceding the date of the application:

(a) the applicant has been granted a special event permit, and the applicant:

(i) violated a condition of the permit; or

(ii) failed to take reasonable care in preventing the participants in the special road use from violating a condition of the permit; or

(b) the applicant engaged in a special road use without first securing a special event permit.

(2) The region permit officer may not issue a special event permit for a special road use on an overpass above a highway if the special road use is intended to draw the attention of the traffic below and is not an incidental traversing of the overpass as part of the event path.

(3) The region permit officer may not issue a special event permit for a portion of the same roadway for a period of more than 24 continuous hours, per special road use.

(a) This Subsection R920-4-5(3) does not apply to a special event permit sought by a local government, for a special road use if the local government is responsible for the supervision and safety of the special road use.

(b) Deviations from this Subsection R920-4-5(3) may be allowed if they do not violate state and federal statutes, rules, or regulations, and the use will be for the public good without compromising the transportation purposes of the roadway.

(c) The department may consider requests for deviations on an individual basis, upon justification submitted by the applicant.

(d) In determining whether to grant the deviation, the region permit officer shall consider the purposes of the rule as articulated in Subsection R920-4-1(1). The applicant shall have the burden to prove that the deviation is in the public interest and will not substantially affect the ability of residents and others not participating in a special event to travel on the roadways and to access private property without unreasonable disruption. The region permit officer may require the applicant to provide additional proof, such as a traffic impact study, to satisfy the applicant's burden for the deviation.

History

KEY: parades, permits, road races, special events
Date of Last Change: November 21, 2023
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201; 72-1-212

Utah Admin. Code R920-4-6 Applications for Special Event Permits for Non-Free Speech Road Uses

(1) This section governs the standards for review of all applications for special event permits other than those covered in Section R920-4-7.

(2) In addition to an application for a special event permit, the region permit officer shall require the applicant to provide as necessary:

(a) insurance coverage, waiver and release of damages and indemnification as described in Section R920-4-9;

(b) a traffic control plan as described in Section R920-4-10;

(d) a contingency plan, as described in Section R920-4-12;

(e) a route map as described in Section R920-4-13; and

(f) proof that the applicant has obtained applicable city, county, or other governmental agency approvals or permits as described in Section R920-4-14.

(3) In reviewing an application for a special event permit, the region permit officer may place reasonable restrictions on the special road use. Except as provided by Subsection R920-4-5(1), no such restriction shall be based on the identity of the applicant or of persons expected to participate in the special road use. The restrictions may include a:

(a) limitation of the total time the permittee may occupy a particular portion of roadway;

(b) limitation on the particular time of day the permittee may occupy the roadway;

(d) limitation on the number or size of banners or signs participants may carry on the roadway; and

(e) prohibition on the use of a particular roadway and the requirement of an alternate route.

(4) The region permit officer may place reasonable terms, conditions, and limitations on a free speech road use as allowed by this Rule R920-4 and otherwise required by law. In placing restrictions on the special road use, the region permit officer shall consider:

(a) the annual number of other special road use events scheduled on the roadway;

(b) planned construction or repairs of the roadway or utilities underneath or adjacent to the roadway;

(c) the nature of the roadway requested for use, and the volume of traffic normally occupying the roadway at the requested time of use;

(d) the amount of time requested for use;

(e) the safety of participants in special events;

(f) the safety of the traveling public;

(g) the ability of emergency service providers to access and care for participants and spectators in special road use events, and for residents near such events; and

(h) the ability of residents and others not participating in a special event, to travel on the roadways and to access private property without unreasonable disruption; and

(i) the overall economic impact on nearby businesses and the traveling public resulting from the special road use.

(5) If, while processing an application governed by this Section R920-4-6, the region permit officer determines the application is incomplete, the officer shall notify the applicant with a notice of incomplete application when the deficiency is discovered.

(6) Once the application is complete, the region permit officer shall apply best efforts to provide approval, approval with conditions, or denial of the application:

(a) within 30 days of receipt of a complete application, or seven days before the scheduled event, whichever is earlier; or

(b) in the case of an application submitted along with an expedited fee, within three business days of receipt of a complete application.

History

KEY: parades, permits, road races, special events
Date of Last Change: November 21, 2023
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201; 72-1-212

Utah Admin. Code R920-4-7 Review of Applications for Special Event Permits for Free Speech Road Uses

This section governs the standards for review of applications for special event permits for free speech road uses.

(1) In addition to an application for a special event permit for free speech road use, the region permit officer shall require the applicant to provide, as necessary:

(a) a traffic control plan, as described in Section R920-4-10;

(b) public notification, as described in Section R920-4-11;

(d) a route map, as described in Section R920-4-13; and

(e) proof that the applicant has obtained any applicable city, county, or other governmental agency approvals or permits, as described in Section R920-4-14.

(2) In reviewing an application for a special event permit for free speech road use, the region permit officer may place reasonable time, place, and manner restrictions on the free speech road use. No such restriction shall be based on the content of the beliefs expressed or anticipated to be expressed during the free speech road use, or on factors such as the identity or appearance of persons expected to participate in the assembly.

(3) In placing reasonable time, place, and manner restrictions on the special road use, the region permit officer shall consider:

(a) the annual number of other special road use events scheduled on the roadway;

(b) planned construction or repairs of the roadway or utilities underneath or adjacent to the roadway;

(c) the nature of the roadway requested for use, and the volume of traffic normally occupying the roadway at the requested time of use;

(d) the amount of time requested for use;

(e) the safety of all participants in special events;

(f) the safety of the traveling public;

(g) the ability of emergency service providers to access and care for participants and spectators in special road use events, and for residents near such events; and

(h) the ability of residents and others not participating in a special event, to travel on the roadways and to access other public and private property without unreasonable disruption.

(4) The region permit officer may place reasonable terms, conditions, and limitations on a free speech road use as allowed by this Rule R920-4, and otherwise required by law. In placing time, place, or manner restrictions on a free speech road use, the region permit officer shall select restrictions tailored to address identified risks of harm or other articulated governmental interests. The restrictions may include a:

(a) limitation of the total time the permittee may occupy a particular portion of roadway;

(b) limitation on the particular time of day the permittee may occupy the roadway;

(d) limitation on the number or size of banners or signs participants may carry on the roadway; and

(e) prohibition on the use of a particular roadway and the requirement of an alternate route, where other restrictions will not protect the governmental interests affected by the free speech road use, and ample alternatives for speech exist.

(5) Once the application is complete, the region permit officer shall apply best efforts to provide approval, approval with conditions, or denial of the Application within 30 days of receipt of a complete application, or seven days before the scheduled event, whichever is earlier.

(6) Applications for a special event permit for a short notice free speech road use shall be processed on an expedited basis, and the region permit officer shall apply best efforts to provide approval, approval with conditions, or denial of the application within three business days of receipt of a complete application.

History

KEY: parades, permits, road races, special events
Date of Last Change: November 21, 2023
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201; 72-1-212

Utah Admin. Code R920-4-8 Special Road Use Double Booking Conflict Resolution

(1) In cases where a double booking conflict arises, the department will encourage a secondary, or subsequent, applicant to review the feasibility of collocating with the original applicant. If collocating proves impracticable, the department will encourage a secondary, or subsequent, applicant to offer a viable alternative strategy that meets the needs of the applicants, while also ensuring adequate public safety measures remain intact.

(2) For non-Free Speech special road uses, the department may also rely on local agency assistance with establishing special event permitting priorities and reserves the authority to exercise discretion in giving priority consideration to an applicant based on an evaluation of historic use, potential economic benefit, and other relevant factors.

(3) In cases where none of the conflict resolution strategies listed in Subsections R920-4-8(1) and (2) prove effective in remedying a continuing dispute between multiple applicants, and the department determines that collocating is impracticable, the special event permit will be issued based on the earliest recorded application time and date where the department has determined the applicant has fully completed all application requirements.

History

KEY: parades, permits, road races, special events
Date of Last Change: November 21, 2023
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201; 72-1-212

Utah Admin. Code R920-4-9 Minimum Liability Coverage, Waiver and Release of Damages Form, and Indemnification Form Completion Requirements

(1) An applicant for a special event permit governed by Section R920-4-6 shall obtain and provide proof of liability insurance at the time of application naming the "State of Utah, the department and its Employees" as an additional insured under the certificate, with a minimum $1,000,000 coverage per occurrence and $3,000,000 in aggregate. The name of the insured on the insurance policy and the name of the applicant must be identical.

(2) The applicant may fulfill the requirements of Subsection R920-4-9(1) by providing:

(a) sufficient proof that the applicant has secured liability insurance for the event required by another governmental entity which meets the minimum coverage requirements contained in Subsection R920-4-9(1); and

(b) the applicant has included the "State of Utah, the Department of Transportation, and its Employees" as an additional insured on the policy.

(3) The applicant shall complete the appropriate "Waiver and Release of Damages" and "Indemnification" forms before permit issuance. All event participants shall also complete the "Waiver and Release of Damages" form before participating in the permitted event.

(4) The applicant is responsible for ensuring each participant completes the "Waiver and Release of Damages" form before participating in the event. The originating applicant is the custodian of all signed participant waivers, as specified in Subsection R920-4-9(3) and shall produce these upon demand for inspection and review by the department at any time within 12 months after the completion of the event.

History

KEY: parades, permits, road races, special events
Date of Last Change: November 21, 2023
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201; 72-1-212

Utah Admin. Code R920-4-10 Traffic Control Requirements and Considerations

(1) Traffic control is the responsibility of the applicant. The applicant shall provide an approved traffic control plan, in accordance with Rules R920-1, R930-6, and department Standard and Supplemental Drawings to the region traffic engineer, or another authorized department designee. If the region traffic engineer deems it necessary, considering the nature of the applicant's special road use and the proposed event path, the applicant may be required to perform and provide a traffic impact study for the special road use.

(2) Road closures will require appropriate traffic control. Appropriate traffic control may include the use of uniformed state, county, or local peace officers, or a private security company, identified event staff, or physical devices, as determined by the department.

(3) The region permit officer may require an alternate route, or alternative time, if the proposed special road use occurs when traffic volumes are high, active road construction is present, an alternate event is already occupying the road, a safer route can accommodate the event, or the event poses a significant inconvenience to the traveling public.

(4) Railroad crossings and bridges shall be given special attention. The applicant shall coordinate with the appropriate railroad representatives to ensure the event schedule does not conflict with the operation of the railroad.

(5) The applicant shall restore the road segment used to its original condition, free from litter, and other material changes.

(6) The department may monitor and ensure compliance with the terms and conditions of a special event permit and require the applicant to pay a monitoring and compliance fee at the rates authorized within the department's fee schedule.

History

KEY: parades, permits, road races, special events
Date of Last Change: November 21, 2023
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201; 72-1-212

Utah Admin. Code R920-4-11 Public Notification Requirements

(1) The region permit officer may require the applicant to provide advance notification to the general public regarding the special road use, depending on the nature of the roadway being used, the time of day of the use, and the impact on the non- participating traveling public and adjacent businesses.

(2) The region permit officer may require the applicant to inform the general public about the date, time, affected roads, traffic impacts, an estimate of the anticipated length of delay, and other information necessary to provide reasonable notice to the public of the special road use. The methods of notification may include:

(a) a news release distributed to all local radio stations, television stations, and newspapers that announce the event and advise residents of alternate routes and potential delays;

(b) the posting of signs, including variable message signs, along the special road use route for a reasonable period before the event;

(d) the retention of a dedicated agent or public relations firm to maximize the distribution of the message.

(3) Signs required to be posted pursuant to this rule, including variable message signs, may not advertise the event itself or private products or services.

History

KEY: parades, permits, road races, special events
Date of Last Change: November 21, 2023
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201; 72-1-212

Utah Admin. Code R920-4-12 Contingency Plan and Participant Notification Requirements

(1) Considering the nature of the planned special road use, the applicant shall develop:

(a) contingency or emergency plans;

(b) planned rest areas, water facilities, and trash cleanup; and

(c) plans to ensure that participants obey the conditions of the special event permit and all other generally applicable traffic laws, lights, and signs.

(2) the region permit officer may require that the applicant provide notice to participants, bystanders, or the public of all plans enumerated in Subsection R920-4-12(1). The amount of and method of notice shall be dependent on the circumstances of the special road use.

History

KEY: parades, permits, road races, special events
Date of Last Change: November 21, 2023
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201; 72-1-212

Utah Admin. Code R920-4-13 Event Route Identification and Private Property Use Requirements

The applicant shall provide a detailed map showing the proposed course and direction of the event. Locations of parking areas, water stations, toilet facilities, and other appropriate information shall also be included on the map if deemed necessary by the region permit officer. These areas cannot be located within the state right-of-way. The applicant is responsible for obtaining appropriate permission to locate these facilities on private property.

History

KEY: parades, permits, road races, special events
Date of Last Change: November 21, 2023
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201; 72-1-212

Utah Admin. Code R920-4-14 Adherence to Municipal, County, or Other Governmental Agency Permitting Requirements

The applicant shall procure applicable city, county, or other governmental agency approvals or permits.

History

KEY: parades, permits, road races, special events
Date of Last Change: November 21, 2023
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201; 72-1-212

Utah Admin. Code R920-4-15 Appeal

(1) An applicant may appeal the following determinations of a region permit officer:

(a) a denial of a special event permit;

(b) a denial of a deviation request as described in Subsection R920-4-5(3)(b);

(c) a determination that a proposed special road use is not a free speech road use or short notice free speech road use; and

(d) a time, place, or manner restriction placed on a special road use by a region permit officer that the applicant believes is unreasonable or illegal.

(2) The following process shall be used for an appeal:

(a) an applicant may appeal a determination described in Subsection R920-4-15(1) to the department's director of program development;

(b) an appeal to the department's director of program development shall be in writing and shall include:

(i) a statement of the basis for the objection;

(ii) supporting documents to be used in the appeal; and

(iii) a copy of the written decision issued by the region permit officer.

(c) The department's director of program development shall decide on an appeal, based on the written submissions of the applicant, and the department's file.

(d) The department's director of program development shall concur with, modify, or overrule the decision of the region permit officer. The decision shall be in writing and shall explain the reasons for the decision.

(3) Appeals shall be resolved within the following timelines:

(a) for appeals brought under Subsection R920-4-15(1)(c) or (d), the department's director of program development shall issue a decision as soon as reasonably practicable, but no later than three business days after receiving the written appeal; or

(b) for all other appeals, the department's director of program development shall issue a decision no later than 14 days before the planned date of the special road use, or within 30 days after receiving the appeal, whichever is later.

History

KEY: parades, permits, road races, special events
Date of Last Change: November 21, 2023
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201; 72-1-212

Utah Admin. Code R920-4-16 Special Use Permit for Automatic License Plate Reader System and Requirements for Local Governments and Law Enforcement Agencies

(1) Sections R920-4-2 through R920-4-15 do not apply to this Section R920-4-16.

(2) Section 72-1-212 authorizes the department to issue a special use permit to a law enforcement agency to install an automatic license plate reader system for the purpose of capturing license plate data of vehicles traveling on a state highway, regardless of whether the device is installed on property owned by the department or the law enforcement agency.

(3) As used in this Section R920-4-16:

(a) "Automatic license plate reader system" or "ALPRS" means the same as "automatic license plate reader system" is defined in Section 41-6a-2002.

(b) "Encroachment" means the use of highway right-of-way to install or maintain an automatic license plate reader system on department property.

(d) "Special use permit" means a permit issued under this Section R920-4-16 to authorize the installation of an ALPRS along a state highway for the purpose of capturing license plate data of vehicles traveling on a state highway, regardless of whether or not the device is installed on property owned by the department.

(4) A special use permit described under Subsection R920-4-16(2) is required before installing an ALPRS to capture the license plate data of vehicles traveling on a state highway. The department may only issue a special use permit to:

(a) a law enforcement agency with contracting authority; or

(b) a local government entity on behalf of its law enforcement agency.

(5)(a) A special use permit issued under this Section R920-4-16 also authorizes the permittee and its contractors that comply with this Section R920-4-16, to apply for an encroachment permit for any encroachment in connection with the special use permit.

(b) The department shall follow the requirements of rule Section R930-6-10 and other applicable laws when issuing an encroachment permit.

(6) A contractor or agent of a special use permittee under this Section R920-4-16 may only perform work in connection with the special use permit after the contractor or agent executes, and maintains compliance with, an authorized provider agreement that addresses liability and other department requirements related to such work.

(7) The department may not issue a special use permit unless the applicable law enforcement agency demonstrate compliance with the requirements of Section 41-6a-2003 and any other applicable state statutes.

(8)(a) Each law enforcement agency or other government entity that obtains a special use permit under this Section R920-4-16 shall file with the department a list identifying the location of each ALPRS proposed to be installed or installed, within its jurisdiction by the Global Positioning System (GPS) coordinates of each proposed or installed ALPRS.

(b) The law enforcement agency or government entity shall promptly update its list of ALPRS locations when it adds, relocates, or removes an ALPRS.

(c) The requirement to provide a list of ALPRS locations described in this Subsection R920-4-16(8) is in addition to any requirement that the department imposes to obtain an encroachment permit for each ALPRS installation.

(9)(a) A law enforcement agency or government entity that obtains an encroachment permit under this Section R920- 4-16 shall indemnify the department against liability for the negligent, reckless, and wrongful acts and omissions of the government entity, its employees, its contractors, and such contractors' personnel, arising from or related to the encroachment permit and activities undertaken in connection with the encroachment permit.

(b) A third party, such as a contractor or agent engaged by a government entity or law enforcement agency, that obtains an encroachment permit under this Section R920-4-16 to install or maintain an ALPRS shall indemnify the department against liability for the negligent, reckless, and wrongful acts and omissions of the third party, its employees, its subcontractors, and such subcontractors' personnel, arising from or related to the encroachment permit and activities undertaken in connection with the encroachment permit.

(10) An ALPRS installed on a department-owned facility shall be installed in accordance with department specifications and the specific specifications required by the region in which the ALPRS is physically located.

(11)(a) The department may revoke a special use permit if a local government, law enforcement agency, contractor, or agent violates a term or condition of a permit.

(b) The department may issue an order to stop work being performed immediately upon receiving notice that a condition of a special use permit or an encroachment permit is being or has been violated.

(c) If the department revokes a special use permit under this Section R920-4-16, the permit holder shall promptly stop work and operation of any ALPRS authorized under the permit used to capture license plate data of vehicles traveling on a state highway and any related equipment, whether or not the department issued an encroachment permit for installation of an ALPRS at a specific location.

(12) The department may not charge a government entity or law enforcement agency an application fee for a special use permit.

(13) To appeal a department decision related to a special use permit application under this Section R920-4-16, the entity appealing shall follow the requirements of Rule R907-1.

History

KEY: parades, permits, road races, special events
Date of Last Change: November 21, 2023
Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-1111; 41-22-15; 72-1-201; 72-1-212

R920-6 Adverse Weather Traction Requirements

Utah Admin. Code R920-6-1 Authority and Purpose

(1) This rule is enacted in accordance with Section 41-6a-715, which authorizes the department to make rules regarding vehicle equipment requirements for vehicles traveling on state highways during adverse weather conditions and predicted adverse weather conditions.

(2) This rule establishes vehicle capability and traction requirements for vehicles operating on certain segments of state highways during adverse weather conditions and predicted adverse weather conditions.

History

KEY: traction device requirements, adverse weather conditions
Date of Last Change: October 23, 2025
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-715

Utah Admin. Code R920-6-2 Definitions

As used in this rule:

(1) "3PMSF" means three-peak mountain snowflake, which is a tire designation indicating the tire is designed to offer a higher level of snow traction than a standard or M+S tire.

(2) "Adverse weather conditions" means weather that, as determined by the department, may make driving more hazardous or increase the risk of crashes on state highways because of decreased traction, reduced visibility, or other factors.

(3) "All-wheel drive" means a vehicle that provides power to all wheels of the vehicle.

(4) "Designated traction segment" means a section of a state highway where the department is authorized to enact traction device requirements during adverse weather conditions or predicted adverse weather conditions.

(5) "Drive tire" means a tire on a vehicle's wheel that is attached to an axle that transmits power to the wheel.

(6) "GVWR" means gross vehicle weight rating, which represents the maximum weight a vehicle is designed to safely carry, including the vehicle's weight, cargo, and fuel.

(7) "Four-wheel drive" means a vehicle that provides power to all wheels of the vehicle.

(8) "M+S" means a tire designation indicating the tire is designed to offer improved traction in mud and snow compared to a standard tire.

(9) "Predicted adverse weather conditions" means forecast adverse weather conditions that, as determined by the department, are likely to exist or begin during a 24-hour period.

(10) "Snow socks" means a fabric-based cover that wraps around a tire to provide increased tire traction on snow or ice.

(11) "Tire chains" means metal chains or cables that provide increased tire traction on snow or ice.

(12) "Tire studs" means small metal pins that are embedded in a tire's tread to provide grip on snow or ice.

(13) "Traction devices" means tire chains, tire studs, or snow socks.

(14)(a) "Traffic control device" means the same as that term is defined in Section 41-6a-102.

(b) "Traffic control device" includes an electronic sign or other notification device that provides information regarding adverse weather conditions, predicted adverse weather conditions, or notice that traction requirements are in effect on a state highway.

(15) "Traffic engineering order" means a document issued by the department that establishes or modifies regulations, restrictions, or conditions related to traffic on state highways.

(16) "Traction requirements" mean the requirements described in Section R920-6-3.

(17) "Two-wheel drive" means a vehicle that provides power to only two wheels of the vehicle.

History

KEY: traction device requirements, adverse weather conditions
Date of Last Change: October 23, 2025
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-715

Utah Admin. Code R920-6-3 Traction Requirements for Designated Traction Segments

(1) By issuing one or more traffic engineering orders, the department may designate traction segments and assign each designated traction segment as one of three classes.

(2) During adverse weather conditions or predicted adverse weather conditions, the associated traction requirements for each of the three classes of designated traction segments are as follows:

(a) for a Class 1 traction segment, the department may require that each vehicle with a GVWR of 12,000 pounds or more be equipped with one of the following:

(i) traction devices on all rear drive tires, except that traction devices are only required for one tire for each pair of dual-mounted drive tires; or

(ii) all-wheel drive or four-wheel drive with M+S or 3PMSF tires.

(b) for a class 2 traction segment, the department may require each vehicle to be equipped with one of the following:

(i) traction devices on at least two drive tires, or if the vehicle has a GVWR of 12,000 pounds or more and does not have all-wheel or four-wheel drive, traction devices on all rear drive tires as described in Subsection (2)(a)(i);

(ii) all-wheel or four-wheel drive with M+S or 3PMSF tires; or

(iii) if the vehicle has a GVWR of less than 12,000 pounds, two-wheel drive with 3PMSF tires; and

(i) traction devices on at least two drive tires, or if the vehicle has a GVWR of 12,000 or more and does not have all- wheel or four-wheel drive, traction devices on all rear drive tires as described in Subsection (2)(a)(i);

(ii) all-wheel or four-wheel drive with M+S or 3PMSF tires with a minimum of 5/32 inch tread depth remaining on each tire; or

(iii) if the vehicle has a GVWR of less than 12,000 pounds, two-wheel drive with 3PMFS tires with a minimum of 5/32 inch tread depth remaining on each tire.

(3) The department or a law enforcement agency may do any of the following:

(a) restrict any vehicle from traveling on any designated traction segment that fails to comply with the requirements of Subsection (1);

(b) restrict commercial vehicles from operating on a class 3 traction segment even if the commercial vehicle complies with the requirements of Subsection (1)(c);

(d) operate a class 3 traction segment as a class 1 or class 2 traction segment.

(4)(a) To inform the public, the department shall maintain and publish on the department's website a list of each designated traction segment, including the class of each segment and where traction requirements will be in effect during adverse weather conditions and predicted adverse weather conditions.

(b) The department shall provide information regarding each designated traction segment, including the class of each segment, to:

(i) the Utah Highway Patrol;

(ii) relevant county offices; and

(iii) relevant local law enforcement agencies.

History

KEY: traction device requirements, adverse weather conditions
Date of Last Change: October 23, 2025
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-715

Utah Admin. Code R920-6-4 Notification and Enforcement

(1) When the department determines adverse weather conditions or predicted adverse weather conditions warrant traction requirements being put into effect, the department shall notify:

(a) the Utah Highway Patrol;

(b) relevant local law enforcement agencies; and

(2) When traction requirements are in effect, the department, Utah Highway Patrol, or a local law enforcement agency may enforce the traction requirements and may restrict traffic accordingly.

(3) In accordance with Sections 41-6a-304 and 41-6a-715, the Utah Highway Patrol or a local law enforcement agency may issue a citation for an infraction to an operator whose vehicle fails to comply with traction requirements during the time the traction requirements are in effect.

History

KEY: traction device requirements, adverse weather conditions
Date of Last Change: October 23, 2025
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 41-6a-715

R920-8 Flashing Light Usage on Highway Construction or Maintenance Vehicles

Utah Admin. Code R920-8-1 Purpose

This rule provides specifications governing the design and use of special flashing lights on vehicles engaged in highway construction and maintenance operations.

History

KEY: flashing lights, highways, construction, maintenance
Date of Enactment or Last Substantive Amendment: December 16, 2020
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 41-6a-1617

Utah Admin. Code R920-8-2 Authority

This rule is required and authorized by Section 41-6a-1617.

History

KEY: flashing lights, highways, construction, maintenance
Date of Enactment or Last Substantive Amendment: December 16, 2020
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 41-6a-1617

Utah Admin. Code R920-8-3 Definitions

In addition to the terms defined in Section 41-6a-102, the following terms are defined:

(1) "Engaged" means performing tasks for roadway surface and shoulder maintenance or construction purposes.

(2) "Flashing Amber Lighting System" means one or more amber flashing light.

(3) "Flashing lights" means bursts of light which are distinguishable and capture attention.

(4) "Headlight, taillight, or brake light flashers", also known as "wigwags" means a device used to alter or modify the original vehicle manufacturer's electronically controlled lighting system.

(5) "Highway construction and maintenance vehicles" means both on-road and off-road vehicles or equipment.

(6) "360-degree visibility" means the ability to be seen from all angles.

History

KEY: flashing lights, highways, construction, maintenance
Date of Enactment or Last Substantive Amendment: December 16, 2020
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 41-6a-1617

Utah Admin. Code R920-8-4 Requirements for Vehicles Engaged in Highway Construction or Maintenance Operations on a State Highway

(1)(a) Except as provided under Subsection (1)(b), beginning July 1, 2015, a vehicle engaged in highway construction or maintenance operations on a state highway that is not protected by traffic control devices compliant to the current Utah Manual on Uniform Traffic Control Devices, must have a flashing amber lighting system with 360-degree visibility.

(b) When the flashing amber lighting system does not provide 360-degree visibility, vehicle hazard lights shall be used in addition to the flashing amber lighting system.

(2) A flashing amber lighting system may be supplemented with flashing white lights on the front and flashing red lights on the rear that do not alter or modify the original manufacturer's electronically controlled lighting system.

History

KEY: flashing lights, highways, construction, maintenance
Date of Enactment or Last Substantive Amendment: December 16, 2020
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 41-6a-1617

Utah Admin. Code R920-8-5 Requirements for a Vehicle Engaged in Snow and Ice Removal from a State Highway

A vehicle engaged in snow and ice removal from a state highway may supplement flashing amber lights with a green lighting system on the rear of the vehicle and the plows.

History

KEY: flashing lights, highways, construction, maintenance
Date of Enactment or Last Substantive Amendment: December 16, 2020
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 41-6a-1617

Utah Admin. Code R920-8-6 Requirements for All Vehicles Engaged in Highway Construction or Maintenance Operations on Non-State Highways

A local jurisdiction will determine the appropriate use of flashing lights on construction or maintenance vehicles engaged in construction or maintenance operations on non-state roadways.

History

KEY: flashing lights, highways, construction, maintenance
Date of Enactment or Last Substantive Amendment: December 16, 2020
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 41-6a-1617

Utah Admin. Code R920-8-7 Visibility

(1) A flashing amber lighting system shall meet or exceed the Society of Automotive Engineers (SAE) Class I certification.

(2) Flashing lights shall be positioned on the vehicle so as to not interfere with the ability to see standard vehicle lighting.

(a) Operation of flashing lights must be used in conjunction with standard vehicle lighting.

History

KEY: flashing lights, highways, construction, maintenance
Date of Enactment or Last Substantive Amendment: December 16, 2020
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 41-6a-1617

Utah Admin. Code R920-8-8 Specific Limitations

For a vehicle engaged in highway construction or maintenance operations, not including the Utah Department of Transportation's Incident Management Team units:

(1) no red light may be visible from the front of a vehicle;

(2) no flashing white light may be visible from the rear of a vehicle;

(3) blue lights are prohibited; and

(4) headlight, taillight, and brake light flashers, known as wigwags, are prohibited.

History

KEY: flashing lights, highways, construction, maintenance
Date of Enactment or Last Substantive Amendment: December 16, 2020
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 41-6a-1617

Utah Admin. Code R920-8-9 Exceptions

(1) When multiple vehicles are engaged in highway construction and maintenance operations, and are concentrated within a small area in a work zone, it is acceptable for those vehicles within the perimeter of vehicles to reduce the intensity or turn off the flashing amber lighting systems or supplemental flashing lighting systems to minimize the distractions to motorists and other workers in the work zone.

(2) A delivery vehicle is not required to have a flashing amber lighting system but must use vehicle hazard lights when entering or exiting a work zone.

History

KEY: flashing lights, highways, construction, maintenance
Date of Enactment or Last Substantive Amendment: December 16, 2020
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 41-6a-1617

Utah Admin. Code R920-8-10 Recommended Placement Practice

(1) A flashing amber lighting system should be placed as high on the vehicle as reasonably capable of being placed.

(2) A green lighting system should be affixed as close to the ends of plow blades on the vehicle as reasonably capable of being placed and extend high enough to provide ample visibility of the green lights.

History

KEY: flashing lights, highways, construction, maintenance
Date of Enactment or Last Substantive Amendment: December 16, 2020
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 41-6a-1617

R920-30 State Safety Oversight

Utah Admin. Code R920-30-1 Regulatory Authority

The purpose of this rule is to incorporate by reference the Federal Transit Administration standards for State Safety Oversight (04/15/2016). This rule is authorized or required by 49 U.S.C. 5330; 49 CFR 659; 49 CFR 674; Utah Code Sections 72-1-201, 72-1-208, and 72-1-214.

History

KEY: state safety oversight, transit, safety
Date of Last Change: December 12, 2018
Notice of Continuation: September 20, 2022
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-208; 72-1-214

Utah Admin. Code R920-30-2 Purpose and Scope

(1) This rule, R920-30, establishes the standard of the State of Utah oversight required to implement the provisions of 49 U.S.C. 5329(e), 49 U.S.C. 5330, and 49 CFR Part 674, Rail Fixed Guideway Systems, State Safety Oversight.

(2) This rule applies to the Utah Transit Authority ("UTA"), the public transportation agency operating rail fixed guideway systems in the State of Utah.

(3) The Utah Department of Transportation (the "Department") exercises jurisdiction over safety of equipment and operations of the UTA pursuant to Utah Code Section 72-1-214. In addition, pursuant to 49 CFR Part 674, the Department has authority to investigate any allegation of noncompliance with the Public Transportation Agency Safety Plan.

(4) Pursuant to 49 CFR Part 674, the Department is responsible for establishing minimum standards for rail safety practices and procedures to be used by the UTA. The Department's program standard is consistent with the National Public Transportation Safety Plan, the Public Transportation Safety Certification Training Program, and the rules for Public Transportation Agency Safety Plans. The Department also must oversee the execution of these practices and procedures to ensure compliance with the provisions of 49 CFR Part 674.

(5) Where revisions to this rule, R920-30, are necessary, the Department will conduct a rulemaking proceeding, in accordance with the Utah Administrative Rulemaking Act, Utah Code Sections 63G-3-101-702.

(6) The Department and the UTA must operate as legally and financially independent entities.

(7) The Department does not and must not employ any individual who is also responsible for administering or providing services to the UTA.

(8) The Department will submit an annual report summarizing the oversight activities related to the UTA of the safety of the rail fixed guideway system to the Federal Transit Administration and the Governor as required by 49 CFR Part 674.

History

KEY: state safety oversight, transit, safety
Date of Last Change: December 12, 2018
Notice of Continuation: September 20, 2022
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-208; 72-1-214

Utah Admin. Code R920-30-3 Public Transportation Agency Safety Plan

(1) The UTA shall develop and implement a written Public Transportation Agency Safety Plan (PTASP) that conforms to the requirements of 49 CFR Part 673, Public Transportation Agency Safety Plan within two calendar years after publication of 49 CFR Part 673.

(2) Prior to the development and implementation of its PTASP, the UTA shall continue to maintain, update, and implement its written System Safety Program Plan (SSPP) pursuant to 49 CFR Part 659 (April 29, 2005), which is incorporated by reference.

(3) The UTA shall submit the SSPP or PTASP to the Department for review and approval prior to its implementation. The SSPP or PTASP should be submitted in electronic format via email to the Department. Supporting procedures and referenced materials may be submitted in hard copy, by fax, mail, email, or in-hand delivery.

(4) The UTA shall submit an updated SSPP or PTASP, and any accompanying procedures, for Department review and approval on or before February 1st of each year. If no updates are required, the UTA shall so notify the Department in writing before February 1st of each year.

(5) Should the UTA update the SSPP or PTASP outside the annual review cycle, either upon its own initiative or upon the written request of the Department for modifications to the SSPP or PTASP, the UTA shall submit a revised SSPP or PTASP to the Department. The SSPP or PTASP should be submitted in electronic format via email to the Department within 30 calendar days of the event requiring the changes. Supporting procedures and referenced materials may be submitted in hard copy, by fax, mail, email, or in-hand delivery.

History

KEY: state safety oversight, transit, safety
Date of Last Change: December 12, 2018
Notice of Continuation: September 20, 2022
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-208; 72-1-214

Utah Admin. Code R920-30-4 Incorporation by Reference of Federal Regulation

The Federal Transit Administration, State Safety Oversight, Final Rule, Title 49 CFR Part 674 (eff. April 15, 2016) as it applies to the management of the State Safety Oversight Program, is incorporated by reference as the minimum standard for state safety oversight of rail fixed guideway systems in Utah.

History

KEY: state safety oversight, transit, safety
Date of Last Change: December 12, 2018
Notice of Continuation: September 20, 2022
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-208; 72-1-214

R920-50 Ropeway Operation Safety

Utah Admin. Code R920-50-1 Purpose and Authority

(1) Purpose. This rule regulates passenger ropeways in Utah, other than private residence ropeways defined in Subsection 72-11-102(11). This rule also defines the duties, responsibilities, and authority of the Utah Passenger Ropeway Safety Committee created by Section 72-11-202 (the Committee).

(2) Authority. Section 72-11-210 authorizes the Department to make this rule.

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

Utah Admin. Code R920-50-2 Definitions

In addition to terms defined in Section 72-11-102, the following terms are defined:

(1) "Aerial lift specialist" as used in American National Standards Institute (ANSI) B77.1 Sections 3.3.4.1 and 4.3.4.1, means a Ropeway Inspector as defined in Subsection R920-50-3(32).

(2) "Aerial tramway specialist" as used in ANSI B77.1 Section 2.3.4.1 means a Ropeway Inspector as defined in Subsection R920-50-3(32).

(3) "Air Space" means the area bounded by vertical planes commencing at a point 35 feet from the intersection of the vertical planes of the ropes and ground surface.

(4) "Annual general inspection" means an inspection of a passenger ropeway made by a Ropeway Inspector to verify preservation of original design integrity and to determine that components and systems of the passenger ropeway are in proper working order and in accordance with this rule.

(5) "Audible warning devices" means an audible warning device that signals an impending start of the aerial lift.

(6) "Auxiliary Power Unit" is a generic term to describe a gas or diesel engine generally used as a backup to the prime mover.

(7) "Bullwheel" means a large grooved wheel at a terminal that rotates continuously when the haul rope is moving and deflects the haul rope by an angle of ten degrees or more.

(8) "Carrier" means the structural and mechanical assemblage in or on which passengers or freight of a ropeway system are transported. Unless qualified, the carrier includes, for example, the carriage, grip or clip, hanger, and cabin or chair.

(9) "Conveyor specialist" as used in ANSI B77.1 Section 7.3.4 means a Ropeway Inspector as defined in Subsection R920-50-3(32).

(10) "Dynamic Testing Logs" means a record of the data collected during the dynamic test.

(11) "Experienced personnel" means an individual who has acquired knowledge and skills through study, training, or experience in ropeway maintenance, operation, or testing.

(12) "Existing ropeway" means any passenger ropeway that has been operated for passengers for more than one calendar year.

(13) "Funicular specialist" as used in American National Standards Institute (ANSI) B77.2 Section 2.3.4.1 means a Ropeway Inspector as defined in Subsection R920-50-3(32).

(14) "Grip" means the device by which carriers are attached to the haul rope.

(15) "Governing Standard" means the ANSI B77 standard that is incorporated by reference as part of Section R920-50- 3.

(16) "Haul rope" means a wire rope used on a ropeway that provides motion to carrier and is powered by the drive bullwheel.

(17) "Incident inspection" means an inspection of a passenger ropeway incident made by an approved Ropeway Inspector or a qualified engineer at the request of the Committee.

(18) "Land surveyor" means an individual licensed under Section 58-22-102 as a professional land surveyor.

(19) "Modification" means any change as defined in ANSI B77.1 Section 1.2.4.4, ANSI B77.2 Section 1.2.4.4, and the replacement of a ropeway component by one that alters the certified design or construction provided by the passenger ropeway manufacturer or designer.

(20) "New ropeway" means any passenger ropeway registered for the first time for passenger operation during its first calendar year of operation.

(21) "Operational inspection" means an inspection of a passenger ropeway made by a Ropeway Inspector to determine compliance with the operation and maintenance requirements of the Governing Standard and with this rule.

(22) "Operating personnel" means persons employed by the operator to supervise the operation, or engaged in servicing, checking, inspecting or maintaining the machinery or structures of a ropeway and when on duty for such purposes on that ropeway.

(23) "Passenger" means any person riding a ropeway, other than "operating personnel."

(24) "Passenger Ropeway Incident" means:

(a) a structural, mechanical, or electrical malfunction or failure of a passenger ropeway component that results in bodily injury to any person on, or inside the load or unload zone of, a passenger ropeway;

(b) a deropement regardless of whether the passenger ropeway is evacuated;

(d) a fire involving a passenger ropeway component or adjacent structure;

(e) a structural, mechanical, or electrical malfunction or failure of a passenger ropeway component that results in a ropeway that will not SLOW DOWN when given the command to do so, will not STOP when given the command to do so,

OVERSPEEDS beyond control settings or both maximum design speed, ACCELERATES faster than normal design acceleration, SELF-STARTS or SELF-ACCELERATES without the command to do so, REVERSES direction unintentionally and without the command to do so , or a loss of control of the passenger ropeway as defined in ANSI B77.2 Section 2.2.3.1;

(f) a wire rope damage which exceeds the requirement in ANSI B77.1 Section A.4.1.3 or ANSI B77.2 Section A.4.1; and

(g) a structural, mechanical, or electrical malfunction or failure of a passenger ropeway component or its primary connection that has the apparent potential for causing bodily injury to any person, including the following:

(i) Terminal Structure;

(ii) Bullwheel;

(iii) Brake System;

(iv) Tower Structure;

(v) Sheave, Axle, or Sheave Assembly;

(vi) Carrier; or

(vii) Grip.

(25) "Portable Ropeway" means a ropeway expressly designed to be portable, operated without a permanent foundation, and that has a design range of maximum grade.

(26) "Pre-operational inspection" means an inspection made by a Ropeway Inspector before the operation of any new or modified passenger ropeway requiring an Acceptance Inspection and Test.

(27) "Qualified engineer" means any engineer who is licensed to practice engineering in Utah and who has been approved by the Committee.

(28) "Prime Mover" means the power unit utilized for the continuous operation of a passenger ropeway.

(29) "Qualified personnel" as used in ANSI B77.1 Sections 2.1.1.11, 3.1.1.11, 4.1.1.11, 5.1.1.11, 6.1.1.11, and 7.1.1.11 means a qualified engineer as defined by Subsection R920-50-3(27).

(30) "Relocated ropeway" means any passenger ropeway moved to a new location.

(31) "Responsible charge" means effective control and direction of the installation or modification of a passenger ropeway.

(32) "Ropeway Inspector" means an engineer licensed to practice engineering in Utah, independent of the ropeway owner, and approved by the Committee to inspect passenger ropeways.

(33) "Sheave" means pulley or wheel grooved for haul rope.

(34) "Structure" means any edifice, including residential and public buildings, or any other structure or equipment that could reasonably be expected to interfere with the safe operation of a ropeway. Ropeway components required for the operation of the ropeway are not structures.

(35) "Surface lift specialist" as used in ANSI B77.1 Section 5.3.4.1, means a Ropeway Inspector as defined in Subsection R920-50-3(32).

(36) "Tow specialist" as used in ANSI B77.1 Section 6.3.4 means a Ropeway Inspector as defined by Subsection R920-50-3(32).

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

Utah Admin. Code R920-50-3 Governing Standards

(1) Passenger ropeways operating in Utah must conform to the requirements of ANSI B77.1-2022 and ANSI B77.2- 2020, which are incorporated by reference as part of this rule and to the revised and additional provision listed in Section R920- 50-11. Use of these standards is authorized by Section 72-11-201.

(2) The Utah Passenger Ropeway Safety Committee reserves the right to add, alter, or delete provisions included in the Governing Standard for use in Utah.

(3) Existing installations need not comply with the new or revised requirements of the Governing Standard in this rule except as set forth in Section R920-50-12 "Applicable Provisions."

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

Utah Admin. Code R920-50-4 General Requirements for Passenger Ropeways

(1) Passenger ropeways operating in Utah must be registered annually with the Committee, and no passenger ropeway must be operated for passengers without a valid Certificate of Registration.

(2) Ropeways require a qualified engineer to certify the design, and construction of the ropeway. A Qualified Engineer or Land Surveyor must complete the "as-built" profile and certification.

(3) Existing ropeways, when removed and reinstalled, must be classified as new installations.

(4) Ropeway operators must be covered by a liability insurance of a minimum of $300,000. The Utah Passenger Ropeway Safety Committee must be notified of a lapse or termination of insurance coverage under the terms of the policy.

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

Utah Admin. Code R920-50-5 Application to Register a Passenger Ropeway

(1) Each year before operating a passenger ropeway the ropeway operator must apply to the Committee, for a Certificate of Registration. In the event a new operator is assigned, the operator must notify the Committee of such action and must apply for a Certificate of Registration.

(2) Term Passenger ropeways must be registered annually starting November 1st of each year, and each registration expires on October 31st next following date of issue.

(3) Application for Certificate of Registration for existing ropeways will include the following:

(a) annual registration fee; and

(b) certification of Compliance.

(4) Application for Certificate of Registration for new ropeways must include the following:

(a) annual registration fee;

(b) certification of Compliance;

(d) documents required in R920-50-8.

(5) Submittal of an application ropeway - An application to register a new or existing ropeway must be submitted in such form as the Committee will designate and under the requirements of this rule. Applications must be made in writing and addressed to:

Utah Department of Transportation

Passenger Ropeway Safety Committee

Traffic and Safety Division

4501 South 2700 West

Salt Lake City, Utah 84119

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

Utah Admin. Code R920-50-6 Certifications Required for Ropeways

(1) The Certifications listed in this section must include the following information:

(a) name, address, and telephone number of the operator of the ropeway, name of ropeway supervisor, operator's designation of the ropeway;

(b) designated certifying statement;

(c) a certification of design and construction must also include the name, address, seal, and Utah license of the qualified engineer making the certification; and

(d) a certification of "As-Built" profile must also include the name, address, seal, and Utah license of the Qualified Engineer or Land Surveyor making the certification.

(2) A Certification of Compliance for Passenger Ropeway must be made on the Application for Certificate of Registration for the Ropeway.

(a) The certification must be signed and dated by the ropeway owner or area operator.

(b) The certification must include the following statement: "I certify that the reports, requests, and certificates attached hereto were provided and signed by the persons required by law to provide them. The required ropeway inspection was completed and deficiencies noted in the inspection report have been corrected with the exception of those listed in the Request for Exception from Standards for Passenger Ropeway."

(3) A Certification of Ropeway Design for New or Modified Passenger Ropeways must be submitted.

(a) The Qualified Engineer in responsible charge of the design must certify to the Committee that the design, plans, and specifications conform to the Utah Passenger Ropeway Safety Act, the Governing Standard, and this rule.

(b) The Certification must be submitted before the performance of the Acceptance Inspection and Test.

"I hereby certify that the design for this ropeway or ropeway modification is in complete compliance with the Utah Passenger Ropeway Safety Act, Governing Standard, and the Utah Ropeway Operation Safety Rule."

(d) This statement must be placed on the top of the drawing packet and signed and sealed by the qualified engineer. Each additional sheet of this drawing packet must be sealed by the qualified engineer.

(e) The drawings and specifications must include the quality assurance methods used for the evaluation of the re-used components and must be submitted for review a minimum of 30 days before installation. Any component on the Utah Passenger Ropeway Safety Committee Lift Data Form must be addressed.

(4) A Certification of Construction for passenger ropeways must be submitted by a qualified engineer directly responsible for the construction for the ropeway.

(a) The Certification must be submitted before the performance of the Acceptance Inspection and Test.

(b) The certification must state the following:

"I hereby certify that the construction and installation has been completed in accordance with the drawings and specifications issued for this ropeway or ropeway modification by the Qualified Design Engineer."

(5) A Certification of as-built profile for the Passenger Ropeway must be submitted by a Qualified Engineer or Land Surveyor licensed in Utah.

(a) The as-built profile must be submitted before the performance of the Acceptance Inspection and Test.

(b) The certification must state the following:

"I hereby certify that the attached as-built profile of the herein-identified ropeway is as represented on the attached profile drawing and that the completed ropeway conforms to the profile as identified in the plans and specifications prepared by the Qualified Design Engineer."

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

Utah Admin. Code R920-50-7 Documents Required for Ropeways

(1) A Utah Passenger Ropeway Safety Committee Lift Data Form must be submitted along with other requested supporting documents. This form must be submitted before the performance of the acceptance test.

(2) A copy of the acceptance test procedure proposed and submitted by the designer or manufacturer must be provided to the Committee for review at least fourteen days before acceptance testing begins. The qualified engineer determines the acceptance test requirements.

(3) The owner or area operator must notify the Committee in writing before the acceptance test that the continuous operation requirements of ANSI B77.1 Section X.1.1.11 or ANSI B77.2 Section 2.1.1.11 have been completed.

(4) A final acceptance test report must be submitted to the Committee before opening the lift to the public. The qualified engineer must approve any changes to the acceptance test procedure.

(5) As-built drawings for each passenger ropeway must be submitted no later than 60 days after the project is completed and the acceptance test is finished. Any variation from the design drawings must be noted in the as-built drawings and approved by the Qualified Design Engineer.

(6) The area operator must send a "letter of intent" to the Committee at least 45 days before beginning the construction of a new lift. The letter of intent must include the name of the qualified engineer, the design standard, the anticipated dates to begin and complete construction, and the available lift manufacturing data.

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

Utah Admin. Code R920-50-8 Certificate of Registration

(1) If the application for Certificate of Registration and supporting documentation attest that the ropeway complies with the Governing Standard and this rule, the Committee, if satisfied with the facts stated in the application, will issue a Certificate of Registration to the operator.

(2) Identification number - For each ropeway, upon receipt of the first application for a Certificate of Registration, the Committee will assign an identification number to the ropeway, which will remain as a permanent identification number for the life of the ropeway. Correspondence with the Committee pertaining to a ropeway must refer to the identification number assigned to that ropeway.

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

Utah Admin. Code R920-50-9 Revised and Additional Provisions

The revised and additional provisions of this section shall only apply when referenced in Section R920-50-11 Applicable Provisions.

(1) "New installations and relocated installations." ANSI B77.1 Section 1.2.4.3 is modified by the following requirement: New ropeways and relocated ropeways must comply with the new or revised requirements of the Governing Standard and with this rule at the time of the acceptance test.

(2) "Auxiliary power unit." Installations before November 1, 1994 must meet the requirements for auxiliary power units, as set forth in ANSI B77.1-1992, 2.1.2.1.1, 3.1.2.1.1, 4.1.2.1.1.

(3) "Electronic speed-regulated drives." Installations before November 1, 1994 must meet the requirements for electronic speed-regulated drives as set forth in ANSI B77.1-1992, 2.2.1.8.2, 3.2.1.8.2, 4.2.1.8.2, 5.2.1.8.2, 6.2.1.8.2.

(4) "Rope position monitoring." Installations before November 1, 1994 must meet the requirements for rope position monitoring, as set forth in ANSI B77.1-1992, 3.1.3.3.2, paragraph 6.

(5) "Friction type brakes." Installations before November 1, 1995 must meet the requirements for friction type brakes, as set forth in ANSI B77.1-1992, 2.1.2.5, 3.1.2.5, 4.1.2.5, 5.1.2.5, 6.1.2.5.

(6) "Wire rope inspection." Inspections must be performed according to ANSI B77.1 Annex A.4.1 and ANSI B77.2 Annex A.4.1 and must be performed by a competent inspector defined by the Governing Standard and who is approved by the Committee. The wire rope inspector must certify to the owner or area operator whether the wire rope in its present condition meets requirements for continued operation.

(7) "Audible warning devices." Requirements for audible warning devices on installations.

(a) Installations before April 17, 2007 must meet the requirements for audible warning devices as specified by ANSI B77.1-1999, 2.1.1.12, 3.1.1.12.

(b) Installations before April 17, 2007, ANSI B77.1-1999 Section 4.1.1.12 is modified by the following requirement: The aerial lift must incorporate an audible warning device that signals an impending start of the aerial lift. After the start button is pressed, the device shall sound an audible alarm for a minimum of two seconds before the aerial lift begins to move. The audible device must be loud enough to be heard inside and outside terminals and machine rooms above the ambient noise level.

(c) Surface lifts, tows, and conveyors must have audible warning devices meeting the requirements of ANSI B77.1- 2017 Section 5.2.9, 6.2.9, or 7.2.9.

(d) Funiculars must have audible warning devices meeting the requirements of ANSI B77.2-2020 Section 2.2.9.

(8) "Conveyor Standards." Requirements for installations before May 11,2018.

(a) Loading and unloading area requirements of ANSI B77.1 Section 7.1.1.9 must also accommodate the use of adaptive devices.

(b) Power units referred to in ANSI B77.1 Section 7.1.2.1 may not have reverse capability.

(c) "Power supply cords" referred to in ANSI B77.1 Section 7.2.1.5.6 must be protected from snow grooming, skiers, and other equipment and must be ground fault protected.

(d) For installations before May 11, 2018 the belt transition entry stop device referred to in ANSI B77.1 Section 7.2.3.3 must include redundant, or double sensors or an equivalent system submitted by a qualified engineer to prevent operation in the faulted condition. Each sensor must be part of an independent control circuit that can initiate an emergency shutdown of the conveyor. The device must be so designed and maintained that no single point of failure can cause the entry stop device to malfunction. The device may not be remotely resettable and must require the operator to reset the device before restarting the conveyor.

(9) "Air Space Requirements." ANSI B77.1, Section 2.1.1.4, 3.1.1.4, 4.1.1.4, 5.1.1.4, and 6.1.1.4 and ANSI B77.2 Section 2.1.1.4 must also include the following: No structure may be permitted to encroach into the air space of the ropeway. Ropeways and Structures that were both constructed before November 1, 2006 do not need to comply with this requirement.

(10) "Portable Ropeways." Portable ropeways will not be considered new ropeways when moved to different locations but remaining under the jurisdiction of the same operator.

(11) "Tows Requirements."

Handle Tows must have stop gates above and below the rope.

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

Utah Admin. Code R920-50-10 Applicable Provisions

Installations must comply with the "Revised and Additional Provisions" of Section R920-50-10 in the categories listed in this section, on or before the date specified. These provisions establish the minimum requirement.

(1) The following apply to ropeways:

(a) New installations and relocated installations Subsection R920-50-10(1);

(b) Wire rope inspection Subsection R920-50-10(6); and

(2) The following provisions apply to an Aerial Tramway:

(a) Auxiliary drives R920-50-10(2); effective November 1, 1994;

(b) Electronic speed-regulated drives R920-50-10(3); effective November 1, 1994;

(d) Audible warning devices R920-50-10(7); effective November 1, 2001; and

(e) Air space requirements R920-50-10(9); effective November 1, 2006.

(3) The following provisions apply to a Detachable Grip Aerial Lift:

(a) Auxiliary drives R920-50-10(2); effective November 1, 1994;

(b) Electronic speed-regulated drives R920-50-10(3); effective November 1, 1994;

(d) Friction type brakes R920-50-10(5); effective November 1, 1995;

(e) Audible warning devices R920-50-10(7); and

(f) Air space requirements R920-50-10(9); effective November 1, 2006.

(4) The following provisions apply to a Fixed Grip Aerial Lift:

(a) Auxiliary Drives R920-50-10(2); effective November 1, 1994;

(b) Electronic speed-regulated drives R920-50-10(3); effective November 1, 1994;

(d) Audible warning devices R920-50-10(7); and

(e) Air space requirements R920-50-10(9); effective November 1, 2006.

(5) The following provisions apply to a Surface Lift:

(a) Electronic speed-regulated drives R920-50-10(3); effective November 1, 1994;

(b) Friction type brakes R920-50-10(5); effective November 1, 1995;

(d) Audible Warning Devices R920-50-10(7)(c); effective November 1, 2022.

(6) The following provisions apply to a Rope Tow:

(a) Electronic speed-regulated drives R920-50-10(3); effective November 1, 1994;

(b) Friction type brakes R920-50-10(5); effective November 1, 1995;

(d) Tow requirements R920-50-10(11);

(e) Portable Ropeways R920-50-10(10); and

(f) Audible Warning Devices R920-50-10(7)(c); effective November 1, 2022.

(7) The following provisions apply to a conveyor:

(a) Conveyor standards R920-50-10(8);

(b) Portable Ropeways R920-50-10(10); and

(8) The following provisions apply to a Funicular:

(a) Audible Warning Devices R920-50-10(7)(d); effective November 1, 2022.

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

Utah Admin. Code R920-50-11 Exceptions to Standards

(1) In the event that the ropeway does not conform with the Governing Standards and the Ropeway Operation Safety Rule, the Committee may issue a Certificate of Registration with an exception. Two types of exceptions may be granted after a Request for Exception from Standards is submitted.

(a) Annual Exception - This type of exception must be reviewed annually by the Committee. This type of exception is subject to cancellation at any time pursuant to a determination by the Committee that a change is necessary.

(b) Limited Exception - This type of exception is granted only for a fixed time period to be determined by the Committee.

(2) The nature of the exception must be stated in the Request for Exception from Standards.

(3) The Committee shall, as expeditiously as possible, and within thirty days of receipt of a Request for Exception from Standards, notify the operator in writing of its action on the Request.

(4) The Request for Exception from Standards must include the following information:

(a) Reasons for requesting an exception;

(b) Identification of the way the ropeway does not conform to the Governing Standards or this rule; and

(5) Except as required in Subsection R920-50-12(7), the Committee will issue a Certification of Registration with an exception if the operator satisfies the requirements stated in Subsection R920-50-12(4) and supplies the following for new or existing ropeways:

(a) New Ropeways.

(i) A design certification by a qualified engineer attesting that the ropeway is so designed and equipped that its devices or methods provide features that are comparable in performance and safety to those that meet requirements set forth in the Governing Standard and this rule.

(ii) Any known items that require a Request for Exception from Standards for Passenger Ropeways must be submitted to the Committee before work begins.

(b) Existing Ropeways.

(i) A design certification by a qualified engineer attesting that the ropeway is so designed and equipped that its devices or methods provide features that are comparable in performance and safety to the requirements of the Governing Standard and this rule.

(ii) A statement by the operator certifying that the ropeway feature for which the exception is requested has been operated safely and without any passenger ropeway incident, as defined in Subsection R920-50-3(24) item (a) or (g), for at least 2 years prior to the date of the Request for Exception from Standards.

(6) In exceptional circumstances, the Committee may issue a Certificate of Registration with an exception even if the operator does not satisfy the requirements defined in the Governing Standard or this rule if the Committee determines that the ropeway is so designed and equipped that its devices or methods provide features that are comparable in performance and safety.

(7) Where doubt exists as to the safety of a ropeway, the Committee may require an inspection to ascertain that the ropeway is so designed and equipped that its devices or methods provide features that are comparable in performance and safety to those of the Governing Standards and this rule.

(8) The issuance of a Certificate of Registration with an annual exception will not bind the Committee to issue such a certificate for the ropeway involved in subsequent years, nor to issue such a certificate for another ropeway of same or similar design.

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

Utah Admin. Code R920-50-12 Operation of Ropeways

(1) Each passenger ropeway incident must be reported to the Committee regardless of the time of year in which it occurs and regardless of whether the ropeway was open to the public at the time of the incident. The operator must meet the requirements stated in Section R920-50-14.

(2) If a ropeway is modified the ropeway operator must notify the Committee, or its appointed representative. The operator must meet the requirements stated in Section R920-50-15.

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

Utah Admin. Code R920-50-13 Incidents

(1) Reporting of Incidents.

(a) A passenger ropeway incident, as defined in Subsection R920-50-2(24) must be verbally reported to the Committee, or the Committee's appointed representative, as soon as reasonably possible, but no later than twenty-four hours after the time of the incident. A written report must be delivered to the Committee within five days of the incident.

(b) The reports required by this section are to be maintained for administrative enforcement, licensing, and certification purposes only.

(2) Suspension of Operations. When a passenger ropeway incident, as defined in Subsection R920-50-2(24) (a) or (g), occurs, the owner or area operator of the ropeway must suspend operation of the ropeway and notify the Committee through the Committee's appointed representative. The owner or area operator of the ropeway, with the Committee or the Committee's appointed representative, must perform a joint incident inspection of the ropeway. The inspection must precede any authorization to resume public operation of the passenger ropeway.

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

Utah Admin. Code R920-50-14 Modification of a Ropeway

(1) The Committee, or its appointed representative will determine the certifications that will be required.

(2) Depending on the nature and extent of the modification the Committee, or its appointed representative may require an Acceptance Inspection and Test.

(3) The following certifications may be required: design; construction, and an as-built profile.

(4) The certifications must be submitted by a qualified engineer and attached to the cover of the modification documents. The modification documents must include the drawings, descriptions, or specifications pertaining to the affected systems and their connections with existing systems.

(5) A revised lift data form must be submitted.

(6) The ropeway must not resume operating until authorized by the Committee, or its appointed representative.

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

Utah Admin. Code R920-50-15 Inspections and Testing

(1) Inspections must verify that the intent of the design and operational requirements imposed by the Governing Standard and this rule are met. The Committee may order other inspections under Section 72-11-211. Ropeway inspectors may inspect spot check a ropeway at any time during the operation of the ropeway. Each report, log, or other document related to a ropeway must be made available to them upon request.

(2) Acceptance Inspection and Test.

(a) The Committee, or its appointed representative, will schedule Acceptance Inspection and Test as the procedures are received.

(3) Annual General Inspection.

existing ropeway must have an annual general inspection.

(a) A Ropeway Inspector must make the inspection.

(b) The inspection must occur before the approval of any registration application.

(c) A report signed by the Ropeway Inspector listing items found either deficient or in noncompliance must be filed with the owner.

(d) The report must include the name and address of the inspector and the date of the inspection.

(e) The area operator must notify the Committee or its appointed representative of the annual general inspection. The area operator should give a seven-day notice of the inspection.

(f) The owner must correct deficiencies and noncompliance items listed in the Ropeway Inspector's report.

(4) Incident Inspection.

Incident inspections must occur as required in Section R920-50-14.

(5) Operational Inspection.

An operational inspection may be made periodically during each season of use.

(a) A ropeway inspector must make the inspection.

(b) A report signed by the Ropeway Inspector listing items found either deficient or in noncompliance must be filed with the owner.

(d) The owner must correct deficiencies and noncompliance items listed in the Ropeway Inspector's report.

(6) Pre-operational Inspection.

A pre-operational inspection is required for new and modified lifts.

(a) A ropeway inspector must make the inspection.

(b) The inspection must occur before approval of any registration application.

(c) A report signed by the Ropeway Inspector listing items found either deficient or in noncompliance must be filed with the owner.

(d) The report must include the name and address of the inspector and the date of the inspection.

(e) If the pre-operational inspection does not take place at time of the acceptance inspection and testing, the area operator must notify the Committee, or its appointed representative, of the deficient inspection. The area operator should give a seven-day notice of the inspection.

(f) The owner must correct deficiencies and noncompliance items listed in the Ropeway Inspector's report.

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

Utah Admin. Code R920-50-16 Ropeway Inspector and Qualified Engineer

(1) General.

(a) Any person performing inspection services must be a ropeway inspector as required by this rule, and any person performing design services must be a qualified engineer, as required by this rule.

(b) The Committee must maintain up-to-date lists of qualified engineers and ropeway inspectors. These lists must be open to inspection by the public.

(c) Any person desiring to be approved by the Committee as a ropeway inspector or qualified engineer must submit a written request to the Committee enumerating the person's professional experience and attesting to meeting the requirements stated in Subsection R920-50-17(2).

(2) Requirements.

(a) An applicant must satisfy the Committee that by the applicant's education, training, and experience gained by participation in ropeway inspections or designs as a principal or an assistant to a recognized ropeway inspector or ropeway designer, the applicant is qualified to be, respectively, an approved inspector or designer or both.

(b) An applicant must satisfy the Committee that the applicant has a working familiarity and understanding of drawings and design data as are furnished to design, construct, test, and inspect passenger ropeways, and that the applicant has an understanding and working knowledge of the Governing Standard and this rule.

(c) The Committee may approve qualifications based on experience gained by an applicant through work under the direct supervision of a qualified ropeway inspector or qualified ropeway designer.

(d) The Committee may approve employees of the state or individuals retained by the state as qualified ropeway inspectors. State employed engineers or retained engineers may be given certain assignments where time is of the essence, or a private engineer is not available or willing to undertake the inspection or investigation. It will be the policy of the Committee to use the services and talents of qualified private engineers wherever possible.

(3) Revocation or suspension of approval as ropeway inspector or qualified engineer.

The Committee may revoke or suspend the approval of any qualified engineer or ropeway inspector who is found by the Committee to have:

(a) practiced any fraud, misrepresentation, or deceit in applying for approval;

(b) caused damage to another by gross negligence in the practice of passenger ropeway designing, construction, or inspection; or

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

Utah Admin. Code R920-50-17 Violations

The Committee may address violations of this rule pursuant to Sections 72-11-212 and 72-11-213.

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

Utah Admin. Code R920-50-18 Administrative Procedures

Appeals from orders issued under this rule will be governed by Rule R907-1.

History

KEY: transportation safety, tramways, ropeways, tramway permits
Date of Last Change: April 3, 2024
Notice of Continuation: June 22, 2022
Authorizing, and Implemented or Interpreted Law: 72-11-201 through 72-11-216

R920-60 Amusement Ride Safety

Utah Admin. Code R920-60-1 Purpose

This rule establishes standards for the inspection and operation of amusement rides operated in Utah in the interest and safety of the public. This rule also provides a permitting process for amusement rides, a certification process for qualified safety inspectors, and implementation of powers and duties of the Utah Amusement Ride Safety Committee and its director.

History

KEY: transportation safety, amusement ride, amusement ride permit, amusement ride penalty
Date of Last Change: September 10, 2025
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 72-16-203

Utah Admin. Code R920-60-2 Authority

This rule is authorized by Section 72-16-203 and Section 72-16-304.

History

KEY: transportation safety, amusement ride, amusement ride permit, amusement ride penalty
Date of Last Change: September 10, 2025
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 72-16-203

Utah Admin. Code R920-60-3 Scope

(1) This rule applies to each amusement ride operated in Utah.

(2) This rule does not apply to:

(a) a coin-operated amusement ride that:

(i) is manually, mechanically, or electrically operated;

(ii) is customarily placed in a public location; and

(iii) does not typically require the supervision or services of an operator;

(b) playground equipment including swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, swing sets, and physical fitness devices;

(d) a challenge, exercise, or obstacle course, including competitive events and participant-propelled aerial adventure courses, ziplines, and ropes courses;

(e) a trampoline;

(f) an inflatable device;

(g) a water-based recreational attraction when complete or partial immersion is intended, including a water slide, wave pool, or water park;

(h) a race-kart designed for the sole purpose of racing on a track, street, or another area of competition, and not to be used by the public in an amusement facility setting;

(i) a skating rink, arcade, laser paintball game, bowling alley, miniature golf course, ball crawl, an item of exercise equipment, jet ski, paddleboat, airboat, hot air balloon, whether tethered or untethered, batting cage, game, and sideshow;

(j) an amusement ride operated at a private event that is not open to the public and not subject to a separate admission charge, or any amusement ride owned and operated by a non-profit organization that meets each of the requirements in this rule and operates their amusement rides less than eight days in any calendar year;

(k) a passenger ropeway as defined in Section 72-11-102;

(l) a tractor ride and wagon ride; or

(m) a motion seat in a movie theater for which the manufacturer does not require a restraint.

History

KEY: transportation safety, amusement ride, amusement ride permit, amusement ride penalty
Date of Last Change: September 10, 2025
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 72-16-203

Utah Admin. Code R920-60-4 Definitions

In addition to terms defined in Section 72-16-102, the following terms are defined as follows:

(1) "Aerial Adventure Course" means a patron participatory facility or facilities consisting of one or more elevated walkways, platforms, zip lines, nets, ropes, or other elements that require the use of fall hazard personal safety equipment (PSE). Aerial adventure courses are typically referred to as ropes courses, free fall devices, and zip lines in this rule.

(2) "AIMS International" means Amusement Industry Manufacturers and Suppliers International.

(3) "Amusement Ride" means a device or combination of devices or elements that carries or conveys one or more riders along, around, or over a fixed or restricted route or course or allows the riders to steer or guide the device within an established area to give the riders amusement, pleasure, thrills, or excitement.

(4) "Amusement Ride, Kiddie Ride" means an amusement ride designed primarily for children up to 12 years of age.

(5) "Amusement Ride, Non-Kiddie Ride" means an amusement ride not defined as a kiddie ride amusement ride.

(6) "Annual Permit" means the amusement ride operating permit issued for a permanent amusement ride or a mobile amusement ride and is issued by the director and is valid for one year.

(7) "ASTM" means ASTM International, formerly known as American Society for Testing and Materials.

(8) "Certificate of Inspection" means the documentation of an amusement ride inspection conducted by a qualified safety inspector.

(9) "Concession Go-Karts" means a single-vehicle that is powered without connection to a common energy source, which is driver-controlled for acceleration, speed, braking, and steering, which operates within the containment system of a defined track, which simulates competitive motorsports, and which is used by the public.

(10) "Director" means the director of the Amusement Ride Safety Committee, facilitated by the Utah Department of Transportation, or a designee thereof, which may include an employee of the Utah Department of Transportation or another person.

(11) "Inspection for Annual Permit" means a procedure to be conducted before applying for an annual permit, or at the time of a major modification, by a qualified safety inspector to determine whether an amusement ride complies with the standards under this rule.

(12) "Inspection, Daily" means a procedure to be performed and recorded by the owner-operator of an amusement ride, or the operator's designee, on days the amusement ride will be operated for the public that confirms the current operational safety of the amusement ride following this rule and the manufacturer's recommendations, as applicable.

(13) "Major Modification" means any change in either the structural or operational characteristics of the amusement ride that will alter its performance from that specified in the manufacturer's design criteria.

(14) "Mobile Amusement Ride" means an amusement ride that is:

(a) designed or adapted to be moved from one location to another;

(b) not fixed at a single location; and

(15) "Muti Ride Annual Permit" means the amusement ride operating permit issued for multiple rides at an amusement park that employs more than 1,000 individuals in a calendar year and is issued by the director and is valid for a period of one year.

(16) "NAARSO" means National Association of Amusement Ride Safety Officials.

(17) "Operator" means an individual who controls the starting, stopping, or speed of an amusement ride.

(18) "Owner-Operator" means an individual who has control over and responsibility for the maintenance, setup, inspection, and operation of an amusement ride.

(19) "Permanent Amusement Ride" means an amusement ride that is not a mobile amusement ride.

(20) "Qualified Safety Inspector" means an individual who holds a valid qualified Utah safety inspector certification.

(21) "Race-Karts" means go-karts designed for the sole purpose of racing on tracks, streets, or other areas of competition, and not to be used by the public in an amusement facility setting.

(22) "Reportable Serious Injury" means an injury to a rider that:

(a) occurs if there is a failure or malfunction of an amusement ride; and

(b) results in death, dismemberment, permanent disfigurement, permanent loss of the use of a body organ, member, function, or system, or a compound fracture.

(23) "Serious Injury" means an injury to a rider that:

(a) occurs if there is a failure or malfunction of an amusement ride; and

(b) requires immediate admission to a hospital and overnight hospitalization and observation by a licensed physician.

History

KEY: transportation safety, amusement ride, amusement ride permit, amusement ride penalty
Date of Last Change: September 10, 2025
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 72-16-203

Utah Admin. Code R920-60-5 General Requirements for Amusement Rides

(1) General Requirements for Amusement Ride Operation. Beginning on April 1, 2023, a person may not operate an amusement ride in the state that is open to the public until they meet the following general requirements:

(a) apply for and receive a valid permit to operate an amusement ride in the state;

(b) to apply for a permit, provide certification of an inspection completed following Section R920-60-8 for each inspection conducted by a qualified safety inspector;

(d) not operate a mobile amusement ride after a reportable serious injury until authorized by the director;

(e) maintain insurance on amusement rides as required by statute and rule; and

(f) conduct daily inspections and maintain documentation for daily inspections for one year.

(2) The Department incorporates by reference the following ASTM standards into this rule:

(a) The following sections of F770-24 Standard Practice for Ownership, Operation, Maintenance, and Inspection of Amusement Rides and Devices (Apr. 25, 2025):

(i) Section 5. Owner-Operator's Responsibility;

(ii) Section 6. Operations Program Requirements;

(iii) Section 7. Maintenance Program Requirements;

(iv) Section 8. Inspection Program Requirements; and

(v) Section 9. Training Program Requirements.

(b) Section 7. Concession Go-Kart Facility Operations of F2007-24 Standard Practice for Design, Manufacture, and Operation of Concession Go-Karts and Facilities (Apr. 25, 2025);

(c) Section 5. Ownership, Operation, Maintenance, Inspection, and Training Requirements of F2460-19 Standard Practice for Special Requirements for Bumper Boats (Sept. 26 2023); and

(d) F2960-23 Standard Practice for Permanent Amusement Railwide Ride Tracks and Related Devices (July 19, 2023).

History

KEY: transportation safety, amusement ride, amusement ride permit, amusement ride penalty
Date of Last Change: September 10, 2025
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 72-16-203

Utah Admin. Code R920-60-6 Application for Annual Permit

(1) To obtain or renew an annual permit or multi-ride annual permit, the owner-operator shall submit an application to the director that contains the following information:

(a) Annual Permit for Mobile Amusement Ride. The owner-operator shall submit an application to the director that contains the following information and is in a form prescribed by the director:

(i) the owner-operator's name and address;

(ii) a description of the mobile amusement ride, including the manufacturer's name, serial number, and model number;

(iii) each known location in the state where the owner-operator intends to operate the mobile amusement ride during the 12-month period for which the annual permit is valid;

(iv) the name and contact information of the fair, show, landlord, or property owner for each location of operation;

(v) the dates on which the owner-operator intends to set up the mobile amusement ride at each location;

(vi) the dates on which the owner-operator intends to operate the mobile amusement ride for use by the public at each location listed;

(vii) proof of compliance with insurance requirements as described in Subsection R920-60-6(6);

(vii) a safety inspection certification in a form approved by the director, signed by a qualified safety inspector, dated no more than 30 days before the day on which the owner-operator submits the application for an annual permit; and

(viii) a fee established by the committee.

(2) Owner-operators of mobile amusement rides shall update the information described in Subsection R920-60- 6(1)(a)(iii) if the owner-operator learns of a new location where the owner-operator intends to operate the mobile amusement ride. A mobile amusement ride may not be operated unless the owner-operator includes the location of the ride:

(a) in the owner-operator's application or renewal for an annual permit; or

(b) in an update that the owner-operator submits to the director at least 30 days before the day on which the owner- operator sets up the mobile amusement ride at the location.

(3) Annual Permit for Permanent Amusement Ride. The owner-operator shall submit an application to the director that contains the following and is in a form prescribed by the director:

(a) the owner-operator's name and address;

(b) a description of the permanent amusement ride, including the manufacturer's name, serial number, and model number;

(d) the first date on which the owner-operator intends to operate the permanent amusement ride for use by the public;

(e) proof of compliance with insurance requirements as described in Subsection R920-60-6(6) Insurance;

(f) a safety inspection certification in a form approved by the director, signed by a qualified safety inspector dated no more than 30 days before the day on which the owner-operator applies for an annual permit; and

(g) a fee established by the committee.

(4) Multi Ride Annual Permit. For each amusement ride located at an amusement park that employs more than 1,000 individuals in a calendar year, the owner-operator shall submit an application to the director that contains the following and is in a form prescribed by the director:

(a) the amusement park's name and address;

(b) a list of each amusement ride located at the amusement park, including a description of each amusement ride;

(d) proof of compliance with insurance requirements as described in Subsection R920-60-6(6) Insurance;

(e) safety inspection certification in a form approved by the director, signed by a qualified safety inspector dated no more than 30 days before the day on which the owner-operator submits the application for an annual permit; and

(f) a fee established by the committee.

(5) Permit Fees.

(a) Annual Permit:

(i) Kiddie Ride: $100; or

(ii) Non-Kiddie Ride: $100.

(b) Multi-Ride Annual Permit. For each amusement ride located at an amusement park that employs more than 1,000 individuals in a calendar year:

(i) Kiddie Ride: $100; or

(ii) Non-Kiddie Ride: $100.

(6) Insurance. Amusement ride owner-operators shall be covered by liability insurance in not less than the following minimum amounts:

(a) Owner-operators with 1,000 employees or fewer:

(i) $1,000,000 for bodily injury per occurrence;

(ii) $250,000 for property damage per occurrence; and

(iii) $3,000,000 annual aggregate limit.

(b) Owner-operators with more than 1,000 employees:

(i) $5,000,000 for bodily injury per occurrence:

(ii) $1,000,000 for property damage per occurrence; and

(iii) $10,000,000 annual aggregate limit.

(c) An owner-operator or amusement park must maintain proof of insurance covering each amusement ride and make the documentation available to the director upon request.

(7) Issuance of Annual Permit. If the director provides written notice of deficiency in the application, the director will provide the annual permit or a written denial within a reasonable amount of time.

History

KEY: transportation safety, amusement ride, amusement ride permit, amusement ride penalty
Date of Last Change: September 10, 2025
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 72-16-203

Utah Admin. Code R920-60-7 Safety Inspection Certification

(1) Daily Inspection. Each day an amusement ride is to be operated for the public, the owner-operator, or the owner- operator's designee, shall conduct a daily documented and signed pre-opening inspection, based upon provided instructions, to verify the proper operation of the amusement ride. Daily pre-opening inspections shall be consistent with the inspection program requirements outlined in practices ASTM F770-22 Sections 7.1 and 7.2, or the other applicable standards in Section R920-60-9. A record of each daily inspection shall be maintained for at least one year after the day on which the inspection is performed.

(2) Inspection for Annual Permit Application. Each amusement ride intending to operate in the state must be inspected by a qualified safety inspector no more than 30 days before the submittal of the application for an Annual Permit in the state. Upon successfully completing the inspection, the qualified safety inspector shall provide the owner-operator with a certificate of inspection in a form approved by the director for submission with the application for an annual permit.

History

KEY: transportation safety, amusement ride, amusement ride permit, amusement ride penalty
Date of Last Change: September 10, 2025
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 72-16-203

Utah Admin. Code R920-60-8 Qualified Safety Inspector Requirements

(1) Certification Requirements. To obtain a qualified safety inspector certification from the director, the applicant shall submit an application and fee as established by the committee, which must include the following information that demonstrates the applicant:

(a)(i) is a professional engineer, licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; or

(ii)(A) is an engineer with a comparable license from another state as determined by the committee; and

(B) has at least three years of experience in the amusement ride industry, at least two of which include inspection of amusement rides for an owner-operator, manufacturer, government agency, amusement park, carnival, or insurer; or

(b)(i) has at least three years of experience inspecting amusement rides for an owner-operator, manufacturer, government agency, amusement park, carnival, or insurer; and

(ii) has obtained and maintains at least a current Level II NAARSO, Level II or AIMS international certification; or

(c)(i) has at least three years of experience inspecting amusement rides for an owner-operator, manufacturer, government agency, amusement park, carnival, or insurer; and

(ii) is a member of and actively participates in an entity that develops standards applicable to the operation of amusement rides; and

(iii)(A) is employed by an amusement park that employs more than 1,000 individuals in a calendar year; or

(B) the individual is an employee or authorized agent of an insurance company.

(2) The director may deny, suspend, or revoke a qualified safety inspector certification if an individual fails to satisfy a requirement of this rule.

(3) A qualified safety inspector shall pay the following Registration Fees:

(a) initial application fee of $50; or

(b) renewal fee, every two years of $40.

(4) A qualified safety inspector shall:

(a) maintain insurance in not less than the following minimum amounts:

(i) $1,000,000 bodily injury;

(ii) $250,000 property damage; and

(iii) $2,000,000 aggregate; and

(b) maintain proof of insurance and make the documentation available to the director upon request.

(5) Certification Renewal. To obtain a renewal of a qualified safety inspector certification, a qualified safety inspector shall submit to the director a fee established by the committee and a renewal application that demonstrates that the qualified safety inspector:

(a) satisfies the requirements described in Subsection R920-60-8(1); and

(b) during the previous two-year period, completed at least 12 hours of continuing education instruction provided by:

(i) a nationally recognized amusement industry organization;

(ii) a nationally recognized organization in a relevant technical field;

(iii) an owner-operator, through an owner-operator-run safety program approved by the committee; or

(iv) an amusement park that employs more than 1,000 individuals in a calendar year.

(6) Certification Issuance. The director shall issue a qualified safety inspector certification to each individual who submits an application or a renewal application in a form prescribed by the director and complies with the requirements of this section and any applicable rules and fees.

(7) Certification expiration. A qualified safety inspector certification expires two years after the day on which the director issues the qualified inspector certification.

(8) Suspension or Revocation of Certification. The director shall notify a qualified safety inspector of the suspension of a certification. The director may suspend the certification of a qualified safety inspector with intent to revoke for the following reasons:

(a) the qualified safety inspector has been convicted of or entered a plea of guilty or no contest to a crime related to the performance of amusement ride safety inspections in any court in the United States;

(b) the qualified safety inspector has engaged in criminal conduct related to the performance of an amusement ride safety inspection;

(c) the qualified safety inspector has engaged in criminal conduct related to the performance of an amusement ride safety inspection;

(d) the qualified safety inspector has demonstrated willful wrongdoing that reflects a lack of integrity in certification as a qualified safety inspector or Inspection of an amusement ride;

(e) the qualified safety inspector has been suspended as a qualified safety inspector in another state;

(f) The qualified safety inspector has performed previous or current work in an unsatisfactory manner as determined by the director;

(g) failure of the qualified safety inspector to observe the owner or operator of an amusement ride facility's safety practices and policies; and

(h) the director reasonably believes and finds that the public health, welfare, or safety requires suspension.

(9) The qualified safety inspector may not perform inspections of amusement rides during a suspension of their certification.

(10) Right to Appeal. Upon notification of suspension, the qualified safety inspector has 30 days to appeal to the director. The director will promptly schedule a hearing with the Amusement Ride Safety Committee to hear the appeal. The committee may choose to uphold the suspension and revoke the certificate or return the qualified safety inspector to good standing. The committee shall determine the length of the revocation and notify the qualified safety inspector in writing. If the qualified safety inspector chooses not to appeal within the stated time frame, the director may issue the certificate's written revocation.

History

KEY: transportation safety, amusement ride, amusement ride permit, amusement ride penalty
Date of Last Change: September 10, 2025
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 72-16-203

Utah Admin. Code R920-60-9 Rider Responsibility

Section 78B-4-507 governs rider responsibility.

History

KEY: transportation safety, amusement ride, amusement ride permit, amusement ride penalty
Date of Last Change: September 10, 2025
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 72-16-203

Utah Admin. Code R920-60-10 Reporting of Injuries

(1) Reporting of Injuries. As defined in Section 72-16-102, every reportable serious injury must be reported to the director within eight hours after the owner-operator learns of the reportable serious injury. The report to the director must include the following information:

(a) the owner-operator's name and contact information;

(b) the location of the amusement ride if reportable serious injury occurred;

(d) a description of the nature of the reportable serious injury; and

(e) other information required by this rule.

(2) In addition to the report to the director required by Subsection R920-60-10(1), an owner-operator of a mobile amusement ride shall report each known reportable serious injury and serious injury to the fair, show, landlord, or owner of the property upon which the mobile amusement ride was located when reportable serious injury or serious injury occurred.

(3) After a reportable serious injury, the owner-operator may not operate the mobile amusement ride until the owner- operator receives written authorization from the director.

History

KEY: transportation safety, amusement ride, amusement ride permit, amusement ride penalty
Date of Last Change: September 10, 2025
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 72-16-203

Utah Admin. Code R920-60-11 Modification of an Amusement Ride

(1) The owner-operator shall inform the qualified safety inspector at the time of the inspection if an amusement ride has undergone a major modification.

(2) The qualified safety inspector shall state on the certificate of inspection if an amusement ride has undergone a major modification.

History

KEY: transportation safety, amusement ride, amusement ride permit, amusement ride penalty
Date of Last Change: September 10, 2025
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 72-16-203

Utah Admin. Code R920-60-12 Penalty for Violation

(1) If an owner-operator or operator violates this rule concerning an amusement ride, the director may:

(a) deny, suspend, or revoke, in whole or in part, the owner-operator's annual amusement ride permit or multi-ride permit for the amusement ride;

(b) impose fines or administrative penalties per this rule; or

(2) The director may file an action in district court to enjoin the operation of an amusement ride if the director finds that an owner-operator has violated this rule.

(3) If the director finds an owner-operator has violated this rule, the director may issue a citation according to the following schedule, maximum by type of violation:

(a) Operating an amusement ride without a current permit, the director may issue a citation per violation, per amusement ride, per day of:

(i) for a first offense, $500; or

(ii) for a second offense, $1,000.

(b) Owner-operator fails to notify the director of intent to operate within the state;

(i) for a first offense, $500; or

(ii) for a second offense, $1,000.

(c) Operating an amusement ride without proper liability insurance, the director may issue a citation per violation, per amusement ride, per day of:

(i) for a first offense, $500; or

(ii) for a second offense, $1,000.

(d) Operating an amusement ride without current safety inspection certification, the director may issue a citation per violation, per amusement ride, per day of:

(i) for a first offense, $500; or

(ii) for a second offense, $1,000.

(e) Operating an amusement ride in violation of a cease-and-desist order, the director may issue a citation per violation, per amusement ride, per day of:

(i) for a first offense, $1,000; or

(ii) for a second offense, $2,500.

(f) Failing to report a reportable injury to the director within eight hours after the owner-operator learns of the reportable serious injury, the director may issue a citation per violation, per amusement ride, per day of;

(i) for a first offense, $1,000; or

(ii) for a second offense, $1,500.

(g) Operating an amusement ride by an unqualified person, the director may issue a citation per violation, per amusement ride, per day of:

(i) for a first offense, $500; or

(ii) for a second offense, $1,000.

(h) Failing to maintain records of an amusement ride following this rule:

(i) for a first offense, $500; or

(ii) for a second offense, $1,000.

(i) Failing to report a serious physical injury to a fair, show, landlord, or property owner, the director may issue a citation per violation, per amusement ride, per day of:

(i) for a first offense, $500; or

(ii) for a second offense, $750.

(j) Failing to update operation locations with the director before operating, the director may issue a citation per violation, per amusement ride, per day of:

(i) for a first offense, $250; or

(ii) for a second offense, $500.

(k) Falsifying an application to the director:

(i) for a first offense, $1,000; or

(ii) for a second offense, $1,500.

(l) Denying the director access to an amusement ride:

(i) for a first offense, $1,000; or

(ii) for a second offense, $1,500.

(m) Other violations of Title 72, Chapter 16, Amusement Ride Safety Act or this rule not listed:

(i) for a first offense, Warning; or

(ii) for a second offense, $250.

(4) The director will not renew an annual permit if the owner-operator has unresolved outstanding violations or unpaid fines.

History

KEY: transportation safety, amusement ride, amusement ride permit, amusement ride penalty
Date of Last Change: September 10, 2025
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 72-16-203

Utah Admin. Code R920-60-13 Right to Appeal

(1) In the event of a penalty for a violation under Section R920-60-12, the Department shall issue a notice of agency action to the owner-operator in accordance with Section R907-1-4.

(2) The Department, including the Amusement Ride Safety Committee, and the owner-operator shall follow the procedures set forth in Rule R907-1 Agency Actions, Administrative Procedures to initiate, conduct, review, and appeal agency actions.

History

KEY: transportation safety, amusement ride, amusement ride permit, amusement ride penalty
Date of Last Change: September 10, 2025
Notice of Continuation: January 8, 2026
Authorizing, and Implemented or Interpreted Law: 72-16-203

R926 Program Development

R926-2 Evaluation of Proposed Additions to or Deletions from the State Highway System

Utah Admin. Code R926-2-1 Authority

This rule establishes the procedure by which highways shall be considered for the addition to or deletion from the state highway system as required by Utah Code Ann. Section 72-4-102.

History

KEY: transportation planning, highway planning, highways, transportation
Date of Last Change: June 30, 2017
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-4-102.5

Utah Admin. Code R926-2-2 Purpose

Using the criteria for state highways as provided in Section 72-4-102.5, the department will determine whether to recommend the addition of or deletion from the state highway system a roadway or segment of roadway. The purpose of this rule is to establish the following:

(1) A process for a highway authority to propose additions to or deletions from the state highway system, and

(2) A procedure for evaluating requested additions to or deletions from the state highway system.

History

KEY: transportation planning, highway planning, highways, transportation
Date of Last Change: June 30, 2017
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-4-102.5

Utah Admin. Code R926-2-3 Definitions

(1) "Commission" means the Utah Transportation Commission;

(2) "Department" means the Utah Department of Transportation;

(3) "Local Highway Authority" means the local political subdivision, such as town, city or county responsible for the highway system in that jurisdiction;

(4) "Transfer" means the process of adding or deleting a segment of roadway from one government's highway system to or from another government's highway system;

History

KEY: transportation planning, highway planning, highways, transportation
Date of Last Change: June 30, 2017
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-4-102.5

Utah Admin. Code R926-2-4 Notifications

The following notifications shall be made regarding the Transfer of highways.

(1) The Department will notify the local highway authorities of its intent to collect proposed changes to the state system annually.

(2) The Department will ensure an affected local highway authority is notified of any transfer under consideration by the Commission at an open public meeting.

(3) As provided in 72-4-102(4)(a), the Commission or the Department shall, no later than November 1 of each year, notify and provide to the Transportation Interim Committee of the Legislature:

(a) a list of the highways recommended for Transfer;

(b) a list of potential Transfers that are currently under consideration; and

History

KEY: transportation planning, highway planning, highways, transportation
Date of Last Change: June 30, 2017
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-4-102.5

Utah Admin. Code R926-2-5 Procedure for Requesting an Addition to or a Deletion from the State Highway System

A request for the addition to or deletion of a highway from the state highway system shall be made by the Local Highway Authority currently responsible for the highway, a member of the Utah Transportation Commission or the Utah Department of Transportation. The request shall be conveyed to the Utah Department of Transportation and will be directed to the region director responsible for the area where the highway is primarily located.

History

KEY: transportation planning, highway planning, highways, transportation
Date of Last Change: June 30, 2017
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-4-102.5

Utah Admin. Code R926-2-6 Procedure for Evaluating Proposed Changes to the State System

The procedure for evaluating proposed changes to the state highway system is as follows:

(1) The Region Director shall:

(a) notify all impacted local government agencies of the proposed change;

(b) make a preliminary review of the proposed change that may include but not be limited to:

(i) determine of what, if any funding will accompany the road Transfer;

(ii) determine of what, if any, physical improvements may be necessary on the roadway before the Transfer is completed;

(iii) secure a written statement from the Local Highway Authority regarding the proposed Transfer;

(iv) make a judgment as to which highway authority has the best operational abilities for maintenance and construction activities on the proposed route; and

(v) determine if the highway continuity and the efficiency of state highway system operation and maintenance activities is impacted by the proposed change.

(c) forward the proposed Transfer along with the results of the preliminary review to the Program DevelopmentDirector; and

(d) present and discuss potential road Transfers at the regularly scheduled monthly Transportation Commission meetings.

(2) The Program Development Director shall review the request from the region director and shall:

(a) determine if the proposed Transfer meets the criteria in Utah Code Section 72-4-102.5 to qualify for inclusion on the state highway system and is consistent with statewide practice;

(b) with the Director of Program Financing, identify the source of funds, if any, proposed to accompany the Transfer; and

(c) shall present the evaluation to the Commission with a recommendation whether the route qualifies for inclusion on the state highway system and any proposed funding considerations;

(3) The Commission shall review the recommendation and shall:

(a) consider the proposed Transfer at a public meeting where the affected local officials are invited to discuss and comment on the proposed change;

(b) discuss any funding considerations and the circumstances under which the proposed Transfer will take place;

(c) take into account any other factors considered appropriate in consultation with the Department and Local Highway Authority impacted;

(d) approve or reject the proposed change in the state highway system;

(e) if it approves the Transfer, make the required changes to the state highway system by resolution; and

(f) report to the Transportation Interim Committee of the Legislature as detailed in Subsection 926-2-4(3).

(4) The Commission may continue to process proposed Transfers that are currently under consideration by using the same notification and evaluation criteria as presented in this rule.

(5) As provided in 72-4-102, the State Legislature must approve additions to or deletions from the state highway system.

History

KEY: transportation planning, highway planning, highways, transportation
Date of Last Change: June 30, 2017
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-4-102.5

R926-3 Class B or Class C Road Funds

Utah Admin. Code R926-3-1 Authority and Purpose

(1) Authority. Section 72-2-109 directs the Utah Department of Transportation, in cooperation with the governing bodies of Utah's counties and municipalities, to make administrative rules providing for uniform accounting of funds to be expended upon class B or class C roads as required by the federal government under United States Code, Title 23, relating to federal aid for highway purposes.

(a) Section 72-3-103 authorizes Utah counties to spend funds allocated from the Transportation Fund under rules made by the Department to construct and maintain class B roads in each county.

(b) Section 72-3-104 authorizes Utah municipalities to spend funds allocated to them from the Transportation Fund under rules made by the Department to construct and maintain class C roads within the corporate limits of each municipality.

(c) Subsection 72-2-110(2) allows counties and municipalities to use some class B and class C road funds to maintain class D roads.

(2) Purpose. This rule creates an administrative structure that provides uniform accounting of funds the Department allocates to counties and municipalities to build and maintain class B or class C roads or maintain class D roads.

History

KEY: transportation policy, highway finances, highway, roads
Date of Last Change: April 3, 2024
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-2-109

Utah Admin. Code R926-3-2 Definitions

(1) "Alley" means a publicly owned passageway, regardless of width, established more as a necessary convenience for adjoining property owners than for use as a public highway, road, or street regularly traveled by motor vehicles. Alleys are typically used for garbage collection, access to residential garages, and rear entrances to commercial establishments.

(2) "Circulator Alley" means the same as that term is defined in Section 72-1-102.

(3) "Class B roads" means roads as described by Section 72-3-103.

(4) "Class C roads" means roads as described by Section 72-3-104.

(5) "Class D roads" means roads as described by Section 72-3-105.

(6) "Funds," "funding," or "class B or class C road funds" means money the Legislature allocates to counties and municipalities to use for building, designing, or maintaining class B or class C roads and maintaining class D roads.

(7) "Local highway authority" means the legislative, executive, or governing body of a county, municipality, or other local board or body having jurisdictional authority under Title 72, Chapter 3, Highway Jurisdiction and Classification Act.

(8) "Other roads" means roads with a surface-type other than paved or gravel, usually dirt.

History

KEY: transportation policy, highway finances, highway, roads
Date of Last Change: April 3, 2024
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-2-109

Utah Admin. Code R926-3-3 Requirements and Procedures for Expenditure of Funds

(1) Expenditure of Funds, Generally. Local highway authorities may only spend class B or class C road funds in accordance with the requirements of applicable state law, federal law, and Rule R926-3.

(a) Local highway authorities may spend class B or C road funds to design, construct, or maintain eligible class B or class C roads and related facilities and to maintain class D roads.

(b) Local highway authorities may use class B or class C road funds to purchase equipment and machinery to construct and maintain class B or class C roads and related facilities.

(c) Local highway authorities may allow class B or class C road funds to accumulate until sufficient funds are available for more extensive road projects by investing the funds in accordance with Title 51, Chapter 7, State Money Management Act. Local highway authorities shall credit interest earned on their invested class B or class C road funds to their class B or class C road fund accounts.

(d) When Local highway authorities accept an allocation of class B or class C road funds, they agree to use the funds according to applicable law. If a local highway authority fails to comply with applicable law regarding using class B or class C road funds, the local highway authority has breached the agreement and has violated Rule R926-3.

(e) If a local highway authority fails to comply with applicable law regarding the use of class B or class C road funds, the Department has the authority to withhold future allocations of class B or class C funds until the local highway authority demonstrates that it has complied with applicable law, including Rule R926-3.

(2) Accounting, Annual Audits, and Reports.

(a) Local highway authorities shall follow the requirements of Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act.

(b) Local highway authorities that receive class B or class C road funds shall cause an audit, review, compilation, or fiscal report to be made by a competent certified public accountant of their accounts through which class B or class C road funds are received and spent at least once annually.

(c) Local highway authorities shall provide access to reports generated by annual audits, reviews, compilations, or fiscal reports required by Subsection R926-3-3(2)(a) to the Department within six months of the close of their fiscal year.

(d) Local highway authorities shall annually provide the Department with access to sufficiently detailed information to show which projects and roads are utilizing class B or class C road funds.

(e) If a local authority performs work by force account as authorized in Section 72-6-109, the local highway authority shall account for the costs of the project following Section 72-6-109.

History

KEY: transportation policy, highway finances, highway, roads
Date of Last Change: April 3, 2024
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-2-109

Utah Admin. Code R926-3-4 Uses for Funding

(1) Determination of Authorized Uses. The Department shall determine how local highway authorities may spend class B or class C road funds as the Legislature directs and consistent with applicable law. A local highway authority may not violate applicable state or federal law when expending class B or class C road funds.

(2) Local highway authorities may only spend class B or class C road funds for the following purposes:

(a) to construct and maintain eligible class B or class C roads and to maintain class D roads;

(b) to install and maintain traffic and pedestrian safety devices, including:

(i) sidewalks;

(ii) curb and gutter on eligible class B or class C roads and state highways;

(iii) traffic signals, including necessary control devices, enclosures, electrical service equipment, and support structures;

(iv) traffic signs, including associated lighting, electrical service, and mounting equipment;

(v) street lighting, including necessary electrical service equipment and support structures;

(vi) bicycle facilities in the highway right-of-way;

(c) to procure, lease, or rent equipment used to construct and maintain class B or class C roads or to maintain class D roads;

(d) for design, engineering, or administration work directly related to road maintenance and construction of class B or C roads or to maintain class D roads;

(e) for future reimbursement of other funds for class B or class C road construction projects;

(f) to acquire highway rights of way;

(g) to build fencing and cattle guards associated with class B or class C roads;

(h) to meet match requirements for federal match funding; or

(i) to appropriate investment to gain value, provided net gains remain in the fund and are spent for authorized use.

(3) Leasing Equipment. Equipment purchased with class B or class C road funds may be leased from a local highway authority to another public entity using the schedule of equipment rates posted on the Federal Emergency Management Agency, or FEMA website at, https://www.fema.gov/schedule-equipment-rates.

(4) Emergency Use. A local highway authority may use equipment purchased with class B or class C road funds for purposes not otherwise authorized by Rule R926-3 in an emergency to make repairs and prevent further damage.

(5) Multiple-Use Facilities. Local highway authorities may construct multiple-use facilities by mixing funds on a proportional basis, including constructing road maintenance buildings, storage sheds, and yards.

(6) R.S. 2477 Issues. Class B or class C road funds may be used to pay the costs of asserting, defending, or litigating R.S. 2477 issues as authorized by Section 72-2-110.

(7) Non-Permissible Uses. Non-Permissible uses of class B and class C road funds include the following:

(a) non-road uses;

(b) police costs;

(c) to pay for the rental of equipment of a type that the local highway authority previously purchased with class B and class C road funds; or

(d) except for circulator alleys in municipalities as authorized by Section 72-3-104, to build or maintain alleys.

History

KEY: transportation policy, highway finances, highway, roads
Date of Last Change: April 3, 2024
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-2-109

Utah Admin. Code R926-3-5 Oversight and Accountability

Audits. The Department may conduct audits to ensure local highway authorities claim or use class B or class C road funds in accordance with this Rule R926-3 as authorized by Section 72-3-104 and other applicable laws.

History

KEY: transportation policy, highway finances, highway, roads
Date of Last Change: April 3, 2024
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-2-109

Utah Admin. Code R926-3-6 Self-Certification

(1) Funds. By accepting class B and C road funds from the Department, a local highway authority certifies and agrees that it shall spend class B and class C road funds according to Rule R926-3; Title 72, Chapter 2, the Transportation Finances Act; and any other applicable state and federal law.

(2) Maps. A local highway authority shall maintain a current map of roads within its jurisdiction, regardless of classification. A local highway authority shall update this map when it adds or abandons a road within its jurisdiction. This map shall be in a publicly accessible format and made available to anyone upon request.

(3) Distributions. The Department shall distribute class B or class C road funds to local highway authorities based on their centerline mileage totals included in the most recent map and mileage report submitted to the Department. By accepting class B and C road funds from the Department, a local highway authority certifies that its most recent map and mileage report is accurate.

History

KEY: transportation policy, highway finances, highway, roads
Date of Last Change: April 3, 2024
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-2-109

Utah Admin. Code R926-3-7 Funding Eligibility Requirements for Class B Roads and Class C Roads

(1) Jurisdiction and Control. Roads that are eligible for class B or class C road funding shall be under the jurisdiction and control of a county or municipality. In addition, a road that is located on property under the jurisdiction and control of a federal agency is eligible for class B and C road fund expenditures if the road is:

(a) constructed or maintained by a local highway authority under an agreement with the appropriate federal agency as described in Section 72-3-103 for a class B road, or Section 72-3-104 for a class C road; or

(b) maintained by a local highway authority and meets the R.S. 2477 right-of-way requirements described in Section 72-5-302.

(2) Maintenance. Local highway authorities shall maintain roads for which they receive class B or class C road funds to a minimum standard or higher for public travel by conventional two-wheel drive passenger vehicles under normal conditions. The minimum standard shall include keeping the traveled way free from obstructions including excessive high centers, overgrowth vegetation, and washouts. Roads classified as a surface-type of "other" shall be graded as necessary to meet this requirement.

(3) Gates and Obstructions. Unlocked gates are permitted on eligible roads only if approved by the governing body for a county or a municipal road. However, a governing body may gate or obstruct a road temporarily or seasonally, and the local highway authority shall still be eligible to receive funding for the gated or obstructed road. Local highway authorities shall submit to the Department information regarding gated roads drivers shall pay a toll or fee to use for approval, so the Department can determine whether such roads qualify for class B or class C road funds. The restricted portion of roads that local highway authorities eliminate the public from using by placing a permanent obstruction, such as a locked gate, are ineligible for class B or class C funding.

(4) Restrictive Signing. A local highway authority may not use class B or class C funding for a road or portion of a road that includes signage intended to restrict public use, including:

(a) a sign that implies that the road is private or that it may be used only by authorized personnel; or

(b) a sign posted on an unlocked gate across a public road or posted on a gatepost on either side of the gate that reads "NO TRESPASSING," "PRIVATE PROPERTY," "KEEP OUT," or uses any language or symbol that implies public travel beyond that point is prohibited. These signs may be posted on fences that run parallel to a public road.

(5) Public or Municipal Park and Cemetery Roads.

A local highway authority may use class B or class C funding for roads leading to a public park or cemetery. However, a local highway authority may not use class B or class C funding for a road inside of the park or cemetery unless the road serves as a thoroughfare that carries traffic to other destinations.

(6) Addition of New Mileage.

New roads shall be accepted for maintenance by the local highway authority and open to traffic before they can be included as eligible class B or class C road mileage.

(7) Temporary Closure.

Eligible roads shall always remain open to public travel. Exceptions for construction, temporarily unsafe conditions, seasonal closure, or curfew restrictions are allowed.

(8) Funding Credit.

(a) Taking into consideration funding credits as outlined in Subsection R926-3-7(8), the Department shall allocate class B or class C road funds to local highway authorities for the eligible county and municipal roads they maintain.

(b) Subject to the following provisions, a county may claim funding credit for eligible roads that the county maintains in an adjoining county:

(i) because a county has the authority to determine which roads within its boundary are designated as class B roads, a county does not have the authority to designate a road outside its boundary as a class B road;

(ii) by default, a county shall receive funding credit for eligible class B road mileage within its boundaries;

(iii) a county may only receive class B funding credit for an eligible class B road or road segment it maintains in an adjoining county if the adjoining county approves; and

(iv) a county retains jurisdiction and control of class B roads within its boundaries, regardless of any funding credit being received for roads by adjoining counties that maintain the roads.

(c) Subject to the approval of a municipality, a county may claim funding credit for an eligible road maintained by the county that is inside a municipality designated as a class C road by the municipality. For a road that has been designated by a county as a county road in accordance with Section 17-50-305, a county does not need municipal approval to claim funding credit for an eligible class B road that is inside a municipality.

(d) Each local highway authority shall take the necessary measures to disclose eligible centerline mileage and ensure that the mileage the local highway authority claims for funding credit does not overlap with a bordering entity claiming funds for the same mileage.

History

KEY: transportation policy, highway finances, highway, roads
Date of Last Change: April 3, 2024
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-2-109

Utah Admin. Code R926-3-8 Formula for Apportioning Funds Available for Use on Class B or Class C Roads

The Department shall calculate the portion of class B and class C road funds each county and municipality shall receive in accordance with Section 72-2-107 using the formula available on the Department's website here, https://www.udot.utah.gov/connect/business/public-entities/local-government-program-assistance/, and that amount shall be electronically transferred into individual local authority accounts in the Public Treasurer's Investment Fund.

History

KEY: transportation policy, highway finances, highway, roads
Date of Last Change: April 3, 2024
Notice of Continuation: July 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-2-109

R926-4 Establishing and Defining a Functional Classification of Highways in the State of Utah

Utah Admin. Code R926-4-1 Authority

This rule establishes the procedure and criteria by which highways shall be functionally classified as required by Utah Code Ann. Section 72-4-102.5

History

KEY: functional classification, roads, transportation, census
Date of Last Change: March 26, 2007
Notice of Continuation: March 3, 2022
Authorizing, and Implemented or Interpreted Law: 72-4-102.5

Utah Admin. Code R926-4-2 Incorporation by Reference

The Department incorporates by reference Federal Highway Administration Publication No. FHWA-ED-90-006, "Highway Functional Classification - Concepts, Criteria, and Procedures" (U.S. Department of Transportation, March 1989). The publication will be referred to as the "Functional Classification Manual".

History

KEY: functional classification, roads, transportation, census
Date of Last Change: March 26, 2007
Notice of Continuation: March 3, 2022
Authorizing, and Implemented or Interpreted Law: 72-4-102.5

Utah Admin. Code R926-4-3 Initiating a Change in the Functionally Classified Road System

A request to consider changing the functional classification of an existing roadway may be initiated by an official of the local transportation agency responsible for the route, by the Metropolitan Planning Organization with jurisdiction over the proposed change, or by a Department staff member. Requests are to be forwarded to the Department's Systems Planning and Programming Division through the office of the local Region Director.

History

KEY: functional classification, roads, transportation, census
Date of Last Change: March 26, 2007
Notice of Continuation: March 3, 2022
Authorizing, and Implemented or Interpreted Law: 72-4-102.5

Utah Admin. Code R926-4-4 Procedure to Determine Functional Classification of Roads

(1) The procedure the Department uses to determine the functional classification for roads will follow the concepts and procedures identified in the Functional Classification Manual and will meet the guidelines relating to the extent of road miles and vehicle miles traveled of rural and urban functional classification systems. The final system will be as reviewed and approved by the Federal Highway Administration.

(2) Traffic volumes and road mileage will come from data the Department reports on an annual basis. Population information will be taken from the most recent U.S. Census information.

History

KEY: functional classification, roads, transportation, census
Date of Last Change: March 26, 2007
Notice of Continuation: March 3, 2022
Authorizing, and Implemented or Interpreted Law: 72-4-102.5

Utah Admin. Code R926-4-5 Schedule for Updating the Functionally Classified Road System

(1) The schedule to update the Functionally Classified Road System is based on the U. S. Census, with a major 10- year update initiated after the release of census date. There will also be a mid-census review and an opportunity for annual adjustments.

(2) The major, or decennial update, begins after the US Census Bureau releases information on urban and urbanized areas based on population and population density. This is historically completed about three years after the census count. Boundaries for small urban and urbanized areas are initially determined by the Census Bureau. They are then adjusted to fit local conditions by the Department in consultation with the underlying local authorities responsible for transportation. Road functional classifications are then determined by the Department, using the same consultation process and the concepts, procedures, and criteria identified in the Functional Classification Manual. The recommended functional classification changes are then forwarded to the local Federal Highway Administration Division Office for review, approval, and adoption as the Functionally Classified Highway System for the state.

(3) The mid-census review is initiated by the Department approximately five years after the major update has been completed and is similar to the decennial update. Road functional classifications are reviewed on the entire system, using the procedures and criteria identified in the Functional Classification Manual. The Department will consult with local officials and forward recommended changes to the local Federal Highway Administration Division Office for review, approval, and adoption. Changes to urban boundaries and related rural or urban classifications are not considered in this review.

(4) Each year, the Department will review proposals to make changes in functional classification. This adjustment considers routes that experienced changes that were unforeseen during the regular system-wide review process and which are of a time-sensitive nature that precludes waiting for the next regular review. This adjustment is for minor revisions only and will not consider changes in mileage or vehicle miles traveled limits, boundary, or urban-rural classification changes.

History

KEY: functional classification, roads, transportation, census
Date of Last Change: March 26, 2007
Notice of Continuation: March 3, 2022
Authorizing, and Implemented or Interpreted Law: 72-4-102.5

R926-9 Establishment, Designation and Operation of Tollways

Utah Admin. Code R926-9-1 Purpose and Authority

(1) The purpose of this rule is to provide the procedure to establish, designate, and operate tollways.

(2) This rule is authorized by Section 72-6-118.

History

KEY: transportation, tolls, highways, tollways
Date of Last Change: June 12, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-2-120; 72-6-118

Utah Admin. Code R926-9-2 Definitions

As used in this rule:

(1) "Commission" means the Transportation Commission, which is created in Section 72-1-301.

(2) "Department" means the Utah Department of Transportation.

(3) "Executive Director" means the Executive Director of the Utah Department of Transportation.

(4) "HOT lane" has the meaning described in Section 72-6-118 for "high occupancy toll lane."

(5) "HOV lane" means a lane that has been designated for the use of high occupancy vehicles pursuant to Section 41- 6a-702.

(6) "Toll" means the toll or user fees that the operator of a motor vehicle must pay for the privilege of driving on a tollway, including the toll or user fees that the operator of a single occupant motor vehicle must pay for the privilege of driving on a HOT lane.

(7) "Toll lane" has the meaning described in Section 72-6-118.

(8) "Tollway" has the meaning described in Section 72-6-118.

(9) "Tollway development agreement" has the meaning described in Section 72-6-202.

History

KEY: transportation, tolls, highways, tollways
Date of Last Change: June 12, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-2-120; 72-6-118

Utah Admin. Code R926-9-3 Designation of Tollways

(1)(a) The department may consider:

(i) designating tollways, including the designation of existing HOV lanes as HOT lanes;

(ii) widening existing highways to add one or more toll lanes; and

(iii) converting an existing highway to a tollway.

(b) In deciding whether to designate a tollway, the department may evaluate whether:

(i) the tollway would make the specific highway or the highway system more efficient;

(ii) the designation or addition would increase available funds, reduce operational costs, or expedite project delivery; and

(iii) the project is consistent with the overall policies, strategies, and actions of the department, including those strategies that are developed through the regular transportation planning process.

(2) Commission approval is required for designation of HOT lanes on existing state highways and establishment of tollways on new state highways or additional capacity lanes.

(3) If the department wishes to designate a tollway, it shall submit its recommendations to the commission and request approval.

(4) The commission will evaluate the recommendations and make a final decision.

(5) The commission will issue its decision in a public meeting.

(6) Tollways shall comply with all design and construction standards and specifications normally applicable to department projects, except as may be otherwise agreed to by the department in writing.

(7) Tolls are determined in accordance with Rule R940-1 and Section 72-6-118.

History

KEY: transportation, tolls, highways, tollways
Date of Last Change: June 12, 2026
Notice of Continuation: March 21, 2026
Authorizing, and Implemented or Interpreted Law: 72-2-120; 72-6-118

R926-10 Tollway Development Agreements

Utah Admin. Code R926-10-1 Purpose

(1) This rule is created for the planning, acquisition, design, financing, management, development, construction, reconstruction, replacement, improvement, maintenance, preservation, repair, enforcement, and operation of transportation projects utilizing public-private partnerships for development of tollways.

(2) The Department's objective in using public-private partnerships is to expand its ability to use innovative, non- traditional procurement, planning, funding, contracting, financing, delivery, and service methods to deliver transportation infrastructure in order to better meet the transportation needs of the state by utilizing resources more readily available in the private sector.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

Utah Admin. Code R926-10-2 Authority

(1) The provisions of this rule are authorized by the following grants of rulemaking authority and provisions of Utah Codes: Title 63G, Chapter 3; Title 63G, Chapter 6; Title 72, Chapter 2, Section 120; Title 72, Chapter 6, Section 118; and the Public-Private Partnerships for Tollways Act, Utah Code Sections 72-6-201 et seq.

(2) When the Executive Director or designee determines it appropriate and upon approval by the Commission, the Department may enter into tollway development agreements.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

Utah Admin. Code R926-10-3 Definitions

Except as otherwise stated in this rule, terms used in this rule are defined in the applicable Statutes. The following additional terms are defined for this rule:

(1) "Commission" means the Utah Transportation Commission, which is created in Utah Code Ann. Section 72-1- 301.

(2) "Department" means the Utah Department of Transportation, which is created in Utah Code Ann. Section 72-1- 101.

(3) "Executive Director" means the executive director of the Department.

(4) "Proposer" means private entities that submit letters of interest, qualifications, or proposals under these rules for the purposes of entering into a tollway development agreement with the Department, and may include a person or persons, firms, partnerships or companies or any combination or consortium thereof.

(5) "Public-Private Partnership" means an agreement, including but not limited to tollway development agreements, between the Department and one or more public or private entities where there is private sector involvement in predevelopment activities, design, construction, reconstruction, financing, acquisition, maintenance or operations. Public private partnership agreements may include reallocations of the traditional risk assignments between the parties to the agreement.

(6) "State" means the State of Utah.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

Utah Admin. Code R926-10-4 Public Notice

(1) Public notice regarding solicitations issued under this rule shall be posted on the Department's website and may also be published as described in Subsection (2). Notice of a solicitation shall indicate where, when, and how to obtain the solicitation documents, when responses are due and will generally describe the project scope or service desired, and may contain other information such as the desired schedule or financial model. Where appropriate, the Department may require payment of a fee or a deposit for the supplying of the solicitation package.

(2) The notice may be published in any or all of the following in addition to the Department website:

(a) in a newspaper of general circulation;

(b) in a newspaper of local circulation in the region(s) where all or a portion of the intended project will be located; and/or

(3) A copy of the solicitation documents shall be made available for public inspection at the Department Region Office(s) located in the region(s) where all or a portion of the intended project may be located.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

Utah Admin. Code R926-10-5 Unsolicited Proposals

(1) The Department may accept delivery of unsolicited tollway development agreement proposals. An unsolicited proposal shall, at a minimum, provide the information required for tollway development agreement proposals set forth in Utah Code Section 72-6-204. The Department may determine that additional information or other requirements be provided in an unsolicited proposal. Any such additional requirements, along with contact information, will be posted on the Department's website.

(a) Any proposer submitting an unsolicited proposal must provide a minimum of 20 copies or the proposal will not be reviewed.

(b) The unsolicited proposal must state the period during which the proposal will remain valid, which shall be not less than 12 months following delivery.

(2) The Department may appoint an individual or a screening committee, as it deems appropriate, to screen and evaluate unsolicited proposals to determine whether to request competing proposals and qualifications or reject the unsolicited proposal. The review shall be in two stages:

(a) The initial screening shall be a summary review to determine whether the unsolicited proposal generally meets the minimum statutory and regulatory requirements and merits further review. Proposals that do not generally meet the minimum requirements established under statute and these rules or that the Department otherwise determines do not merit further review may be summarily rejected.

(b) The second stage of review shall be a more thorough review and evaluation of the unsolicited proposal for the purpose of allowing the Department to determine whether to issue a request for competing proposals and qualifications.

(3) The Department will consider an unsolicited proposal only if the proposed project is not substantially duplicative of transportation system projects that have been fully funded by the State, the Department, or any other public entity as of the date the proposal is submitted.

(4) The Department shall give priority to unsolicited proposals that address projects identified on the Statewide Transportation Improvement Program or Long-Range Plan and encourages submittal of proposals that would materially advance or accelerate their implementation.

(5) The Department may, in its sole discretion, reject any unsolicited proposal. If the Department elects to issue a request for competing proposals and qualifications, it may modify the project described in the unsolicited proposal. If the Department issues a request for competing proposals, the proposer that submitted the unsolicited proposal will be offered the opportunity to participate in the competition.

(6) The process for soliciting competing proposals and qualifications shall meet all requirements of Utah Code Section 63-56-502.5. The Department may issue a request for qualifications to prequalify potential proposers interested in responding to the solicitation separate from the request for competing proposals, or it may issue a solicitation package that combines the request for proposals and qualifications. The solicitation package shall include the information required under Utah Code Sections 72-6-205(3)(b) and any other information deemed advisable by the Department. The solicitation may request competing proposals, either at a conceptual or detailed level, or it may request proposals for alternative concepts, in which case the Department would review the concepts and determine whether to reject the proposals. Solicitation, whether conceptual or detailed, must address the technical and financial portions of the proposed project.

(7) If the Department elects to issue a request for competing proposals, the Department shall provide public notice of the proposed project according to Section R926-10-4. Any entity that intends to submit a competing proposal shall provide a written letter of intent to the Department not later than 45 calendar days after the Department's publication of notice for competing proposals. Any letters of intent received by the Department after the expiration of the 45-day period shall not be valid and any competing proposal issued by an entity that did not comply with these letter of intent requirements shall not be considered. An entity that submits a letter of intent must submit its competing proposal in the manner specified in the request for competing proposals.

(8) If the Department elects not to issue a request for competing proposals in response to an unsolicited proposal, or if the Department issues a request for competing proposals that make significant modifications to the concepts in the original unsolicited proposal, the Department will notify the proposer that submitted the unsolicited proposal of the rejection or modification and reasons for the rejection or modification. The Department may also post information on the Department website regarding the reasons for rejection or modification.

(9) The Department will assess a screening fee for every unsolicited proposal received and an evaluation fee for every unsolicited proposal that is evaluated. The fees have been set with the intent of substantially covering the costs to the Department for review of the proposal. The unsolicited proposal shall be accompanied by a separate check for each fee, which must be a cashier's, certified, or official check drawn by a federally insured financial institution as follows:

(a) A check in the amount of $10,000 for the initial screening; and

(b) A check for the evaluation fee equal to the lesser of (i) the sum of $20,000 plus .01% of the total estimated cost of design and construction of the project or (ii) $200,000. This check will be returned to the proposer if the proposal is rejected after the initial screening and prior to the more thorough evaluation.

(10) The Department may waive the fee for an unsolicited proposal, in whole or in part, if it determines that its costs have been substantially covered by a portion of the fee or if it is otherwise determined to be reasonable and in the best interests of the State.

(11) If the Department decides to solicit competing proposals, the Department may require each proposer that submits a competing proposal to submit a fee. The amount of the fee will be identified in the solicitation documents and will not exceed the amount of the evaluation fee for the original unsolicited proposal. The proposer that submitted the original unsolicited proposal will be exempt from this fee.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

Utah Admin. Code R926-10-6 Predevelopment Agreements

(1) A Predevelopment Agreement may be used on a tollway development project. The first phase may include, but is not limited to, planning, traffic and revenue analysis, feasibility studies, design, value engineering, cost estimating, conceptual estimating, financial evaluation and comparisons, constructability reviews, scheduling, or other services as specified by the Department.

(2) The subsequent phase or phases may be for all or a portion of the remaining services contemplated in the proposed project and may include, but not be limited to, design services, construction services, operation or maintenance services, traffic and revenue estimates, financing and toll or user fee collection services. Each subsequent phase will commence after the preceding phase has been completed.

(3) Award of the first phase shall be based on the Departments evaluation of proposer qualifications and may also be based on other factors, including, but not limited to, the Department's evaluation of proposals.

(4) The entity awarded the first phase may have the first opportunity to submit a proposal for the subsequent phase or phases, as set forth in the Predevelopment Agreement. The entity awarded the first phase shall provide all supporting documentation used to determine the scope, schedule. and cost in its proposal for each subsequent phase to the Department for review, along with any other information and requirements set forth in the Predevelopment Agreement. The Department may accept or reject the proposal. If the Department rejects the proposal, the Department may provide a counteroffer and/or negotiate with the entity awarded the first or prior phase, or in lieu of providing a counteroffer or if the negotiations are unsuccessful, choose to solicit competitive proposals for the subsequent phase or phases.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

Utah Admin. Code R926-10-7 Request for Qualifications (RFQ)

(1) The Department may issue a Request for Qualifications (RFQ) in order to solicit qualification statements from entities wishing to submit proposals for a tollway development agreement project. The RFQ may be required to be submitted prior to or with a conceptual proposal or detailed proposal.

(2) Any RFQ shall require that potential proposers provide the information described in Utah Code Section 63G-6- 502(4)(c); and any other information the Department, in its sole discretion, required as stated in the RFQ.

(3) The selection committee shall narrow the field of proposers by short-listing the most qualified proposers, not to exceed the maximum number designated in the RFQ.

(4) If only one entity responds to the RFQ or if only one proposer meets the minimum qualification requirements in the RFQ, the Department may negotiate with that single proposer in accordance with section R926-10-10(2).

(5) Engineering and consultant firms who participated in preparation of specifications or other solicitation documents used by the Department for the procurement of a portion, but not all, of the project may participate as proposers or as a member of the proposing entities, upon approval of the Department.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

Utah Admin. Code R926-10-8 Request for Proposals (RFP)

(1) If the procurement process includes short-listing, the Department will issue the RFP to all of the short-listed proposers. If the procurement process does not include short-listing, the Department will issue the RFP in accordance with Section R926-10-4. The Department may elect to request draft proposals, or proposals followed by discussions, which may include best and final offers, or may elect to award the contract without discussions or best and final offers.

(2) The Department may issue draft RFPs to proposers for comments in order to better manage the procurement process.

(3) The RFP shall identify information required to be submitted by proposers, which shall in all events include the information required for tollway development agreement proposals in Utah Code Section 72-6-204. The Department may require proposers to provide separate technical and price proposals and other elements in their proposals. The RFP may include a request for alternative proposals or for any other information the Department, in its sole discretion, deems appropriate.

(4) The Department may require a proposer to submit additional information following the submission of a proposal, to the extent that the Department deems it necessary or advisable to review such additional information to evaluate the expertise, experience, financing capacity, integrity, ownership, or any other aspect of any proposer.

(5) The Department reserves the right to require or to permit proposers to submit revisions, clarifications to, or supplements of their previously submitted proposals. The Department may require proposers to add or to delete features, concepts, elements, information or explanations that were not included in their initial proposals. A proposer will not be legally bound to accept a request to add to or delete from a proposal any feature, concept, element or information, but its refusal to do so in response to a request by the Department shall constitute sufficient grounds for the Department to reject the proposal.

(6) If only one entity responds to the RFP or if only one proposer meets the minimum qualification requirements in the RFP, the Department may negotiate with that single proposer in accordance with section R926-10-3).

(7) The Department may, at any time and in its sole discretion, reject any or all proposals submitted in response to a request for qualifications or a request for proposals or competing proposals.

(8) Technical solutions/design concepts contained in proposals shall be considered proprietary information unless a stipulated fee is paid.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

Utah Admin. Code R926-10-9 Evaluation and Ranking of Proposals; Discussions with Proposers; Revised Proposals

(1) The Department shall conduct proposal evaluations and rank the proposals according to the criteria and relative weightings set forth in the RFP. The Department may adopt either of the following approaches in evaluation of proposals and selection of a proposer for negotiations or award:

(a) A cost-based approach, with the proposals evaluated first to determine whether the proposers meet qualification requirements and have submitted responsive proposals, in which case the qualifying proposal that offers the lowest cost to the state would be ranked the highest. If this approach is used, the RFP shall specify minimum requirements for responsiveness.

(b) A best value approach, whereby the Department evaluates proposals received and determines which proposal is the most advantageous to the State.

(2) The Department may request clarifications and additional information from proposers prior to selection, with or without requesting revised proposals.

(3) If the Department wishes to request revised proposals prior to selection, it may enter into discussions with the proposers or may issue the request for revised proposals without discussions. Discussions may be oral or in writing and may be conducted individually or in a group. If discussions are held with one proposer, they must be held with all short-listed proposers that submitted responsive proposals. If revised proposals are requested they will be the basis for selection and will be evaluated as stated in the request for revised proposals. If a proposer fails to submit a response to a request for revised proposals, its original proposal shall remain in full force and effect.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

Utah Admin. Code R926-10-10 Selection Decision

(1) Following completion of proposal evaluations, the Executive Director shall review the results of the evaluations and rankings and determine whether to proceed with negotiations with the highest ranked proposer, recommend award to the highest ranked proposer, or take other action.

(2) If the Department has issued an RFQ, received one or more responses, and determined that only one proposer is pre-qualified, the Executive Director may authorize the Department to enter into negotiations with such proposer directly, without issuing an RFP, or take other action.

(3) If the Department issues a request for competing proposals and receives no response or receives a response only from the proposer that submitted the original unsolicited proposal, the Executive Director may authorize the Department to enter into negotiations with such proposer, may recommend award to such proposer, or take other action.

(4) If a decision is made to proceed with negotiations, a notice of selection for negotiations will be delivered to all proposers and posted on the Department's website. If a decision is made to recommend award, a notice of intent to award will be delivered to all proposers and posted on the Department's website, and the Department shall provide information to the Commission as required by Utah Code Section 72-6-206.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

Utah Admin. Code R926-10-11 Negotiations

(1) Negotiations may commence immediately following issuance of the notice of selection. During the negotiation period, the selected proposer shall provide such information as may be reasonably requested by the Department.

(2) If negotiations with the first ranked firm are not successful, the Executive Director may direct the Department to commence negotiations with the second ranked firm. This process will be followed until negotiations are successfully concluded or the Department determines that it will not be able to reach agreement with any of the proposers. The Department reserves the right, in its sole discretion, to terminate negotiations with a proposer at any time and for any reason.

(3) Upon conclusion of negotiations, the Executive Director shall determine whether to recommend award. No determination to recommend award shall be made unless the Executive Director is satisfied that the proposer's cost proposal is reasonable and that the proposal provides sufficient value for money.

(4) The Department may deliver the proposed agreement at any time to the Utah Attorney General's office for review and comment.

(5) If a decision is made to recommend award, a notice of intent to award will be delivered to all proposers and posted on the Department's website, and the Department shall provide information to the Commission as required by Utah Code Section 72-6-206.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

Utah Admin. Code R926-10-12 Award

(1) There is no requirement that a tollway development agreement be awarded. If the Commission approves award, a contract shall be executed and notice given to the successful proposer to proceed with the work.

(2) The Department reserves the right to cancel the award of any tollway development agreement at any time prior to execution of the agreement by all parties, with no liability against the Department, the Commission, their agents, or the State.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

Utah Admin. Code R926-10-13 Amendments to Tollway Development Agreements

(1) The Department shall not enter into any substantial modification or amendment to a tollway development agreement without first obtaining Commission approval of the modification or amendment, as specified in Section R941-1.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

Utah Admin. Code R926-10-14 Protests

(1) Protests prior to notice of intent to award shall be governed by the Utah Code Sections 63G-6-801 and 802 and 63G-6-811.

(2) Upon notice of intent to award, a proposer who would be adversely affected by the selection announced may, within ten calendar days after the date of such notice, submit to the Department a written protest of the selection of the apparent successful proposer.

(3) For purposes of this rule, a protesting proposer is adversely affected by a selection only if the proposer has submitted a responsive competing proposal and is next-in-line for selection. In other words the protesting proposer must demonstrate that all higher-ranked proposers are ineligible for selection because either:

(a) The higher-scoring proposals were not responsive to the requirements stated in the Department's solicitation documents; or

(b) The protesting proposer would have been ranked higher than the other proposers but for Departments (i) material failure to follow the procedures set forth in the RFP and other solicitation documents, (ii) material failure to conform to requirements set forth in these rules or in applicable state statutes, or (iii) abuse of discretion in evaluating and ranking the revised proposals.

(4) A proposer's written protest must state facts and arguments that demonstrate how the selection process was flawed or how selection of the apparent successful proposer constituted an abuse of Department's discretion. If the Department receives no written protest within the ten-day period, then any protesting proposer shall lose any rights or opportunity to advance any claim against the department or state relating to the proposed project.

(5) In response to a proposer's timely filed protest that complies with this rule, the Department will issue a written decision that resolves the issues raised in the protest. In considering a timely protest, the Department may request further information from the protesting proposer and from the apparent successful proposer identified in the Department's notice issued under subsection (2) of this section. The Department will make its written determination available, by mail or by electronic means, to the protesting proposer and to the apparent successful proposer.

(6) The Department shall have the authority, prior to the commencement of an action in court concerning the controversy, to settle and resolve the protest.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

Utah Admin. Code R926-10-15 Objection to Contractors

(1) Prior to the execution of any tollway development agreement with a proposer, the proposer must provide the Department with a list of all entities who provide services under the proposed tollway development agreement, including but not limited to, the planning, design, construction, finance, operation or maintenance of the project. All entities on a proposer's team that will perform work under the tollway development agreement must be legally eligible to perform or work on public contracts under applicable federal and state law and regulations. No entity will be accepted who is ineligible to receive public works contracts in the state of Utah.

(2) If the Department has reasonable objection to any entities who are part of the proposal team or will contribute or otherwise provide services under the proposed tollway development agreement, the Department may require, before the execution of the tollway development agreement, the selected proposer submit an acceptable substitute entity. In such case, the selected proposer must submit an acceptable substitute, and the agreement may, at the Department's discretion, be modified to equitably account for any difference in cost necessitated by the substitution. The Department will set a maximum time period from the date of the written demand for substitution within which to make an acceptable substitution. A proposer's failure to make an acceptable substitution at the end of the time period will constitute sufficient grounds for the Department to refuse to execute the agreement, without incurring any liability for the refusal. Following identification of an acceptable substitute, the proposer shall be granted an additional maximum time period as determined by the Department to conclude negotiations of acceptable terms and conditions with that substitute.

(3) The department may not require any proposer to engage any contractor, subcontractor, supplier, other person or organization against whom the proposer has reasonable objection.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

Utah Admin. Code R926-10-16 Rights Related to Proposals; Release of Rights and Indemnification

(1) A proposer, whether unsolicited or solicited, shall not obtain any claim, or have any right or expectation to use any route, corridor, rights of way, public property or public facility by virtue of having submitted a proposal that proposes to use such route, corridor, rights of way, public property or public facility or otherwise, involves or affects such. By submitting a proposal, a proposer thereby waives and relinquishes any claim, right, or expectation to occupy, use, profit from, or otherwise exercise any prerogative with respect to any route, corridor, rights of way, public property or public facility identified in the proposal as being necessary for or part of the proposed project.

(2) By submitting such a proposal, a proposer thereby waives and relinquishes any right, claim, copyright, proprietary interest or other right in any proposed location, site, route, corridor, rights of way, alignment, or transportation mode or configuration identified in the proposal as being involved in or related to the proposed project, and proposer shall include in the proposal an indemnity that shall hold the state harmless against any such claim made by any entity that is a member of the proposer's proposal team, including their agents, employees and assigns.

(3) The waiver and release of rights in this section do not apply to a proposer's rights in any documents, designs and other information and records that are otherwise classified as protected records under GRAMA.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

Utah Admin. Code R926-10-17 Right to Assert a Moratorium on Unsolicited Proposals

(1) The Department may elect, at any time and in its sole discretion, to establish a moratorium on acceptance or action taken by the Department on any unsolicited proposals.

(2) The moratorium may be asserted for all unsolicited proposals or for unsolicited proposals of a certain type, in a certain region, or for other factors as determined by the Department.

(3) Announcement of a moratorium shall be posted on the Department's website and shall include the start date of the moratorium and either the anticipated ending date, or a date upon which the ending date will be announced.

(4) Any unsolicited proposal received during a moratorium shall not be reviewed or acted upon by the Department.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

Utah Admin. Code R926-10-18 Participation of Public Entities

(1) Notwithstanding the requirements set forth in other sections of this rule, the Department may directly negotiate and enter into tollway development agreements with public entities without a public solicitation.

(2) In order to ensure that the procurement process for tollway development agreements remains fair and competitive, public entities will not be permitted to submit proposals or to participate as a member of proposer teams with respect to solicitations issued by the Department under this Section R926-10-18. Furthermore, so long as an active solicitation is outstanding for a tollway development agreement, the Department shall not separately negotiate with a public entity for the project that is the subject of that solicitation.

History

KEY: transportation, highways, public-private partnerships, tolls
Date of Last Change: February 19, 2009
Notice of Continuation: August 16, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-6-118

R926-11 Clean Fuel Vehicle Decal Program

Utah Admin. Code R926-11-1 Purpose and Authority

(1) As authorized in Sections 41-6a-702 and 72-6-121 this rule establishes procedures for regulating access to high occupancy vehicle lanes by vehicles with a clean fuel vehicle decal regardless of the number of occupants.

(2) 23 U.S.C Subsection 166(b) authorizes states to allow the use of high-occupancy vehicle (HOV) lanes by inherently low emission and energy efficient vehicles (LEEV) and alternative fuel vehicles with only a single occupant. 23 U.S.C Subsection 166(d) requires a state to limit or discontinue the use of these single-occupant vehicles if the presence of such vehicles has degraded the operation of the HOV facility.

History

KEY: alternative fuel, Clean Vehicle Pass, Clean Vehicle Sticker, Clean Vehicle Permit
Date of Last Change: September 9, 2020
Notice of Continuation: June 23, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-702; 72-6-121

Utah Admin. Code R926-11-2 Definitions

(1) "Clean vehicle" means a vehicle operating solely on an alcohol-based fuel; natural gas; liquefied petroleum gas; solar energy; biofuels; or electricity; including a vehicle that is propelled to a significant extent by and electric motor or both an electric motor and an internal combustion engine.

(2) "Clean Vehicle Pass" means a clean vehicle radio frequency identification transponder issued by the department.

(3) "Clean Vehicle Sticker" means a clean vehicle sticker issued by the department.

(4) "Clean Vehicle Permit" means a permit issued by the department to the owner of a clean vehicle.

(5) "Department" means the Utah Department of Transportation.

(6) "HOV" means a highway lane that has been designated for the use of high occupancy vehicles pursuant to Section 41-6a- 702.

History

KEY: alternative fuel, Clean Vehicle Pass, Clean Vehicle Sticker, Clean Vehicle Permit
Date of Last Change: September 9, 2020
Notice of Continuation: June 23, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-702; 72-6-121

Utah Admin. Code R926-11-3 Permitting of Eligible Vehicles

(1) Owners of an eligible alternative fuel vehicle registered in the state shall qualify for a Clean Vehicle Pass, Clean Vehicle Sticker, and Clean Vehicle Permit upon application to the Department under permitting processes and payment of a fee defined under this rule.

(2) The owner of a vehicle issued a Clean Vehicle Pass, Clean Vehicle Sticker, and a Clean Vehicle Permit is prohibited from placing the Clean Vehicle Pass, and Clean Vehicle Sticker on any vehicle other than the vehicle for which the Department has issued a Clean Vehicle Pass, Clean Vehicle Sticker and Clean Vehicle Permit. Posting a Clean Vehicle Pass and Clean Vehicle Sticker on a vehicle other than the vehicle for which the Department has issued a Clean Vehicle Pass, Clean Vehicle Sticker, and Clean Vehicle Permit will render the vehicle owner ineligible to participate in the Clean Fuel Vehicle Program.

(3) The owner of a vehicle issued a Clean Vehicle Pass and Clean Vehicle Sticker must have in the person's immediate possession the Clean Vehicle Permit issued by the Department for that vehicle.

(4) The Clean Vehicle Pass must be placed on the windshield of the vehicle, according to the requirements of Section 41-6a- 1635. The Clean Vehicle Pass must be mounted directly to the windshield and cannot be mounted with tape or any other device.

(5) The Clean Vehicle Sticker must be placed on the rear of the vehicle in the upright position. The Clean Vehicle Sticker must be placed using the sticker's adhesive backing and may not be affixed with tape or any other device.

(6) The Department shall maintain and publish a listing online of each alternative fuel vehicle makes and models eligible for a Clean Vehicle Pass, Clean Vehicle Sticker, and Clean Vehicle Permit.

(7) The Department will charge a fee for the issuance of a Clean Vehicle Pass, Clean Vehicle Sticker and Clean Vehicle Permit. The amount of the fee will be posted on the application in the amount established by the Department in accordance with Section 63J-1-504.

(8) The Department may restrict use of the HOV facility by single-occupant vehicles with Clean Vehicle Passes, Clean Vehicle Stickers and Clean Vehicle Permits if the operation of the facility becomes degraded. For the purposes of this rule, an HOV facility is considered degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed of 45 miles per hour 90% of the time over a consecutive 180 day period, during morning or evening weekday peak hour periods or both.

History

KEY: alternative fuel, Clean Vehicle Pass, Clean Vehicle Sticker, Clean Vehicle Permit
Date of Last Change: September 9, 2020
Notice of Continuation: June 23, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-702; 72-6-121

Utah Admin. Code R926-11-4 Issuance of Clean Vehicle Passes, Clean Vehicle Stickers and Clean Vehicle Permits

(1) Except as set forth in subsection (2), the Department may not issue more than 6,000 Clean Vehicle Permits and their associated Clean Vehicle Passes and Clean Vehicle Stickers.

(2) Not more frequently than once a year, the Department may evaluate the operation of the HOV facility and determine whether the facility will continue to operate at an acceptable level of service. For the purposes of this rule, an HOV facility is considered to be operating at an acceptable level of service if vehicles operating on the facility are maintaining a minimum average operating speed of 45 miles per hour 90% of the time over a consecutive 180 day period, during morning or evening weekday peak hour periods (or both). Based on that evaluation and if the Department determines that additional single-occupant vehicles with a Clean Vehicle Pass, Clean Vehicle Sticker, and Clean Vehicle Permit may operate in the HOV lane without compromising operation of the facility, the Department may increase the number of Clean Vehicle Passes, Clean Vehicle Stickers, and Clean Vehicle Permits issued beyond the minimum set forth in subsection R926-11-4(1) and shall issue the appropriate number of Clean Vehicle Passes, Clean Vehicle Stickers, and Clean Vehicle Permits to eligible applicants as set forth under subsection R926-11-4(5).

(3) Vehicle owners with an eligible alternative fuel vehicle as defined by this rule must submit an application to the Department for a Clean Vehicle Pass, Clean Vehicle Sticker, and Clean Vehicle Permit. The application, approved and issued by the Department, shall contain the vehicle owner's name, the license plate number, the vehicle identification number, and the alternative fuel vehicle make and year model as a condition for obtaining a Clean Vehicle Pass, Clean Vehicle Sticker, and Clean Vehicle Permit.

(4) A vehicle owner must pay the fee for the issuance of a Clean Vehicle Pass, Clean Vehicle Sticker and Clean Vehicle Permit within 30 days of the application being approved. If the owner does not pay the fee within 30 days, the application will be closed. After the application is closed, a vehicle owner must submit a new application for a Clean Vehicle Pass, Clean Vehicle Sticker, and Clean Vehicle Permit.

(5) If more applications for Clean Vehicle Passes, Clean Vehicle Stickers, and Clean Vehicle Permits are received than the total number the Department may issue at any one time, Clean Vehicle Passes, Clean Vehicle Stickers, and Clean Vehicle Permits will be offered to applicants in the order that applications are approved as Clean Vehicle Passes, Clean Vehicle Stickers, and Clean Vehicle Permits become available. The number of available Clean Vehicle Passes, Clean Vehicle Stickers, and Clean Vehicle Permits will be published on the Express Lanes website.

History

KEY: alternative fuel, Clean Vehicle Pass, Clean Vehicle Sticker, Clean Vehicle Permit
Date of Last Change: September 9, 2020
Notice of Continuation: June 23, 2023
Authorizing, and Implemented or Interpreted Law: 41-6a-702; 72-6-121

R926-13 Designated Scenic Byways

Utah Admin. Code R926-13-1 Purpose

The purpose of this rule is to identify the following:

(1) the specific highways currently designated as state scenic byways;

(2) the definition of the limits of the individual scenic byways for all purposes related to that designation, including, grant and funding availability, and applicable outdoor advertising regulations;

(3) the specific state scenic byways within the State currently having also been designated by the National Scenic Byways Program of the Federal Highway Administration as either National Scenic Byways or All-American Roads.

History

KEY: transportation, scenic byways, highways
Date of Last Change: June 3, 2024
Notice of Continuation: February 2, 2024
Authorizing, and Implemented or Interpreted Law: 72-4-303; 63G-3-201

Utah Admin. Code R926-13-2 Authority

This rule is authorized by Title 63G, Chapter 3, the Utah Administrative Rulemaking Act; and the Designation of Highways Act, Title 72, Chapter 4.

History

KEY: transportation, scenic byways, highways
Date of Last Change: June 3, 2024
Notice of Continuation: February 2, 2024
Authorizing, and Implemented or Interpreted Law: 72-4-303; 63G-3-201

Utah Admin. Code R926-13-3 Definitions

(1) Terms used in this rule are defined in Title 72, Chapter 4, the Designation of State Highways Act, and in Section R926-14-3. The following additional term is defined for this rule:

(2) "FAS" (with a corresponding four-digit number) is a designation given by the department to identify local roadways off the state highway system that are part of the federal aid secondary system because they are functionally classified as minor collectors or higher.

History

KEY: transportation, scenic byways, highways
Date of Last Change: June 3, 2024
Notice of Continuation: February 2, 2024
Authorizing, and Implemented or Interpreted Law: 72-4-303; 63G-3-201

Utah Admin. Code R926-13-4 Highways Within the State That Are Designated as State Scenic Byways

The following roads are designated as state scenic byways as of April 9, 1990, unless otherwise specified:

(1) Logan Canyon Scenic Byway. US Route 89, beginning at 1500 East in Logan and running to the intersection of SR-30 in Garden City, excluding a 20-foot segment within Garden City at a location centered at about mile point 497.73.

(a) Designated April 9, 1990.

(b) Shortened June 13, 2002 when designated a National Scenic Byway and the portion of US-89 from Garden City to the Utah and Idaho State Line was transferred to the Bear Lake Scenic Byway.

(c) Segment excluded May 13, 2010, by action of the Garden City town council which determined the segment at about mile point 497.73 lay adjacent to a non-scenic area.

(2) Bear Lake Scenic Byway. US Route 89, beginning at the Utah and Idaho state line and running to SR-30; and State Route 30, beginning at US-89, and running to East Shore Road in Laketown.

(a) Designated April 9, 1990 as Laketown Scenic Byway.

(b) Extended and renamed June 13, 2002 to include the portion of US-89 originally included in the state designation of the Logan Canyon Scenic Byway that was excluded when that byway was designated a National Scenic Byway.

(3) Ogden River Scenic Byway. State Route 39, beginning at Valley Drive, near the mouth of Ogden Canyon, and running to the eastern Wasatch-Cache Forest boundary near highway milepost 48; and State Route 158 from SR-39, and running to County Road FAS-3468; and the County Road FAS-3468, from SR-158, running to SR-39.

(4) Big Cottonwood Canyon Scenic Byway. State Route 190, beginning at SR-210, and running to the end of the Brighton Loop.

(5) Little Cottonwood Canyon Scenic Byway. State Route 210, beginning at SR-209, and running to the end of state maintenance, near Alta.

(6) Provo Canyon Scenic Byway. US Route 189, beginning at SR-52, and running to SR-113, near Charleston; and State Route 113, from US-189 running to US-40 in Heber City.

(a) Designated April 9, 1990.

(b) Realigned onto SR-113 from the eastern portion of US-189 February 25, 2003.

(7) Mirror Lake Scenic Byway. State Route 150, beginning at SR-32 in Kamas, and running to the Utah and Wyoming State Line.

(8) Flaming Gorge-Uintas Scenic Byway. US Route 191, beginning at US-40 in Vernal, and running to the Utah and Wyoming State Line; State Route 44, from US-191, running to SR-43 in Manila; and State Route 43, from SR-44, running to the Utah and Wyoming state line.

(a) Designated April 9, 1990 on SR-44 and US-191 between SR-44 and Vernal.

(b) Added November 18, 1992 the portion of US-191 between SR-44 and the state line.

(9) Indian Canyon Scenic Byway. US Route 191, beginning at US-6 near Helper, and running to US-40 in Duchesne.

(10) The Energy Loop: Huntington and Eccles Canyons Scenic Byway. State Route 31, beginning at US-89 in Fairview, and running to SR-10 in Huntington; State Route 264, from SR-31, running to SR-96; and State Route 96, from Clear Creek, and running to US-6 near Colton.

(a) Designated April 9, 1990 on SR-31 and SR-264.

(b) Extended circa 1992 to add SR-96 between Clear Creek and Colton.

(c) Extended on February 2, 2011 to include US-6 from SR-96 at Colton (MP 216.17) to the southern boundary of Helper (MP 233.72) and SR-10 from SR-31 (MP 47.58) to Huntington State Park (MP 49.38).

(11) Nebo Loop Scenic Byway. State Route 115, beginning at I-15 and running to SR-198; State Route 198, from SR- 115 running to 600 East in Payson; and along County Road FAS-2822 (600 East) and National Forest Road 015, FAS-1822 and the portion of FAS-1820 south of FAS-1822, running to SR-132 in Juab County.

(12) Upper Colorado River Scenic Byway. State Route 128, beginning at US-191 near Moab, and running to I-70 West Cisco interchange.

(13) Potash-Lower Colorado River Scenic Byway. State Route 279, beginning at the southwest end of SR-279 near the Potash Plant and running to US-191.

(14) Indian Creek Corridor Scenic Byway. State Route 211, beginning at US-191 and running to County Road FAS- 2432; and County Road FAS-2432 from SR-211 running to the Canyonlands National Park Visitor Center.

(15) Bicentennial Highway Scenic Byway. State Route 95, beginning at SR-24, and running to US-191.

(16) Trail of The Ancients Scenic Byway. State Route 95, beginning at SR-275, and running to US-191; State Route 275, from SR-95 and running to Natural Bridges National Monument; US Route 191 from Center Street in Blanding running to SR-162 in Bluff; and State Route 162 from US-191 running to the Utah and Colorado state line.

(a) Designated February 7, 1994 on SR-275, over the eastern portion of the Bicentennial Highway Scenic Byway between SR-275 and US-191, and on US-191 between Blanding and SR-262.

(b) Extended June 6, 2001 to include US-191 between SR-262 and Bluff, and to include SR-162.

(17) Monument Valley to Bluff Scenic Byway. US Route 163, beginning at the Utah and Arizona State Line running to US-191; and US Route 191 from US-163 running to the Cottonwood Wash Bridge in Bluff.

(18) Capitol Reef Country Scenic Byway. State Route 24, beginning at SR-72 in Loa, and running to SR-95 in Hanksville.

(19) Highway 12, A Journey Through Time Scenic Byway. State Route 12, beginning at US-89 near Panguitch, and running to SR-24 near Torrey.

(20) Markagunt High Plateau Scenic Byway. State Route 14, beginning at SR-130 and running to US-89.

(21) Cedar Breaks Scenic Byway. State Route 148, beginning at SR-14, through Cedar Breaks National Monument, running to SR-143.

(22) Brian Head-Panguitch Lake Scenic Byway. State Route 143, beginning at I-15 South Parowan Interchange, and running to US-89 in Panguitch.

(23) Beaver Canyon Scenic Byway. State Route 153, beginning at SR-160 in Beaver, and running to the end of pavement near Elk Meadows.

(24) Mt. Carmel Scenic Byway. US Route 89, beginning at the Kanab north city limit, about highway milepost 65, and running to SR-12.

(25) Zion Park Scenic Byway. State Route 9, beginning at I-15 and running to US-89.

(26) Kolob Fingers Road Scenic Byway. The National Park Service Road, beginning at I-15, and running to the Kolob Canyon Overlook.

(27) Dead Horse Mesa Scenic Byway (designated May 16, 2002). State Route 313, from US-191 running to Dead Horse Point State Park; and the Island in the Sky Road FAS-1708, from SR-313 running to Grandview Point.

(28) Fishlake Scenic Byway. State Route 25 and County Roads FAS-2554 (comprising Fish Lake Road and Forest Highway 31) and FAS-3268 (Freemont River Road and Forest Highway 42), beginning at SR-24, and running to SR-72.

(a) Designated April 9, 1990, on SR-25 between SR-24 and Johnson Valley Reservoir.

(b) Extended November 18, 1992, along the Fremont River Road between Johnson Valley Reservoir and SR-72 to comprise the southern portion of the Gooseberry/Fremont Road Scenic Backway.

(29) Dinosaur Diamond Prehistoric Highway Scenic Byway. Interstate 70, from the Utah and Colorado state line running to Cisco Exit 214; the County Road FAS-1714 through Cisco, from I-70 running to SR-128; State Route 128, from the Cisco Road running to US-191 near Moab; US Route 191, from SR-128 running to I-70 at Crescent Junction; Interstate 70, from US-191 at Crescent Junction running to US-6 near Green River; US Route 6, from I-70 running to US-191 near Helper; US Route 191, from US-6 near Helper running to US-40 in Duchesne; US Route 40, from US-191 in Duchesne to the Utah and Colorado state line.

(a) Dinosaur Diamond Prehistoric Highway designated in Section 72-4-204 in 1998.

(b) Scenic byway route established with National Scenic Byway designation differs from special highway designation in that it includes County Road FAS-1714 and I-70 east of Cisco and does not at this time include those portions located on SR- 10, on SR-155, or on US-191 south of SR-128.

(c) Segment excluded June 27, 2013 by action of the Naples City Council which determined the segment on US-40 about mile point 145.87, 300 South to mile point 148.53, 3000 South become a non-scenic byway.

(d) Segment excluded July 20, 2015 by action of the Uintah County Commission which determined the segment on US-40 from mile point 153 to 154 become a non-scenic byway.

(e) Segment excluded August 31, 2015 by action of the Uintah County Commission which determined the segment on US-40 from mile point 154 to 156 become a non-scenic byway.

(f) Segment excluded October 18, 2022 by action of the City Council of Ballard City which determined the segment on US-40 beginning at the corner of US-40 and 2500 East going east about 2000 linear feet become a non-scenic byway.

(30) Great Salt Lake Legacy Parkway Scenic Byway. State Route 67, beginning at I-215 and running to I-15.

(a) Designated May 16, 2002.

(b) Name changed July 19, 2018 to Great Salt Lake Scenic Byway.

(c) Extended July 19, 2018 to include the future West Davis Corridor beginning at SR-67 milepost 10 running northwest to State Route 37 milepost 4; State Route 127 from the Junction with the West Davis Corridor running west or southwest to the Antelope Island Marina.

(31) Morgan-Parleys Scenic Byway (designated December 11, 2017). State Route 66, beginning at I-84 in Morgan south to the junction with State Route 65. State Route 65, from the junction with State Route 66 south to I-80 in Parleys Canyon.

History

KEY: transportation, scenic byways, highways
Date of Last Change: June 3, 2024
Notice of Continuation: February 2, 2024
Authorizing, and Implemented or Interpreted Law: 72-4-303; 63G-3-201

Utah Admin. Code R926-13-5 Highways Within the State That Are Designated as National Scenic Byways or All-American Roads

The following roads are designated by the National Scenic Byways Program as National Scenic Byways or All- American Roads:

(1) Flaming Gorge-Uintas National Scenic Byway.

(a) Comprised of the Flaming Gorge-Uintas State Scenic Byway.

(b) Designated National Scenic Byway June 9, 1998.

(2) Nebo Loop National Scenic Byway.

(a) Comprised of the Nebo Loop State Scenic Byway.

(b) Designated National Scenic Byway June 9, 1998.

(3) The Energy Loop: Huntington and Eccles Canyons National Scenic Byway.

(a) Comprised of the Energy Loop: Huntington and Eccles Canyons State Scenic Byway.

(b) Designated National Scenic Byway June 15, 2000.

(4) Logan Canyon National Scenic Byway.

(a) Comprised of the Logan Canyon State Scenic Byway.

(b) Designated National Scenic Byway June 13, 2002.

(5) Dinosaur Diamond Prehistoric Highway National Scenic Byway.

(a) Comprised of the Dinosaur Diamond Prehistoric Highway Scenic Byway.

(b) Also comprises the Indian Canyon State Scenic Byway and the Upper Colorado River State Scenic Byway, but excludes the portion of SR-128 between I-70 and County Road FAS-1714.

(6) Scenic Byway 12 All-American Road.

(a) Comprised of Highway 12, A Journey Through Time State Scenic Byway.

(b) Designated All-American Road June 13, 2002.

(7) Trail of the Ancients National Scenic Byway.

(a) Comprised of:

(i) the Trail of the Ancients State Scenic Byway;

(ii) the Monument Valley to Bluff State Scenic Byway;

(iii) the section of the Trail of the Ancients State Scenic Backway on SR-261 starting at US-163 and running to SR-95 but excludes that portion on SR-316 between SR 261 and Goosenecks State Park that was accidentally omitted on the National Scenic Byway application;

(iv) the section of the Trail of the Ancients State Scenic Backway running on SR-262 between US-191 and County Road FAS-2416, and on FAS-2416 starting at SR-262 and running southeasterly to County Road FAS-2422, then northeasterly on FAS-2422 to the Utah and Colorado State Line near Hovenweep National Monument.

(b) Designated National Scenic Byway September 22, 2005.

(8) Utah's Patchwork Parkway National Scenic Byway.

(a) Comprised of Brian Head-Panguitch Lake State Scenic Byway.

(b) Designated National Scenic Byway October 16, 2009.

(9) Zion National Scenic Byway

(a) Comprised of the section of the Zion Park Scenic Byway starting at the intersection of SR-17 and SR-9 and ending at the intersection of SR-9 and East Rim Trail Road.

(b) Designated National Scenic Byway January 19, 2021.

History

KEY: transportation, scenic byways, highways
Date of Last Change: June 3, 2024
Notice of Continuation: February 2, 2024
Authorizing, and Implemented or Interpreted Law: 72-4-303; 63G-3-201

R926-14 Utah Scenic Byway Program Administration; Scenic Byways Designation, De-designation, and Segmentation Processes

Utah Admin. Code R926-14-1 Purpose

The purpose of this rule is to establish the following:

(1) administration of the Utah Scenic Byway program;

(2) the criteria that a highway shall possess to be considered for designation as a state scenic byway;

(3) the process for nominating a highway to be designated as a state scenic byway;

(4) the process for nominating an existing state scenic byway to be considered for designation as a National Scenic Byway or All-American Road;

(5) the process and criteria for removing the designation of a highway as a scenic byway or segmentation of a portion thereof; and

(6) the requirements for public hearings to be conducted regarding proposed changes to the scenic byway status of a corridor and related notifications.

History

KEY: transportation, scenic byways, highways
Date of Last Change: October 22, 2024
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 72-4-301; 72-4-301.5; 72-4-302; 72-4-303; 72-4- 304

Utah Admin. Code R926-14-2 Authority

This rule is authorized by the following grants of rulemaking authority and: the Open and Public Meetings Act, Title 52, Chapter 4; the Utah Administrative Rulemaking Act, Title 63G, Chapter 3; and the Designation of Highways Act, Title 72, Chapter 4.

History

KEY: transportation, scenic byways, highways
Date of Last Change: October 22, 2024
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 72-4-301; 72-4-301.5; 72-4-302; 72-4-303; 72-4- 304

Utah Admin. Code R926-14-3 Definitions

Terms used in this rule are defined in the Designation of Highways Act, Title 72, Chapter 4. The following additional terms are defined for this rule:

(1) "All-American Road" means a scenic byway designation made at the national level for state scenic byways that significantly meet criteria for multiple qualities out of the six defined intrinsic qualities.

(2) "America's Byways" means the brand utilized by the National Scenic Byways Program for promotion of the National Scenic Byways and All-American Roads.

(3) "Committee" or "State Committee" means the Utah State Scenic Byway Committee as defined in the Designation of Highways Act, Title 74, Chapter 4, and does not refer to any local scenic byway committee herein defined.

(4) "Corridor management plan" means a written document prepared by the local scenic byway committee in accordance with federal policies that specifies the actions, procedures, controls, operational practices, and administrative strategies necessary to maintain the intrinsic qualities of a scenic byway.

(5) "De-designation" means the removal of a current state scenic byway designation as recommended by the committee and approved by the Legislature.

(6) "Department" means the Utah Department of Transportation.

(7) "Designation" means a roadway the committee has recommended, and the Legislature has approved as a state scenic byway or an existing state scenic byway the Legislature has approved and the U.S. Secretary of Transportation has selected as a national scenic byway or All-American Road.

(8) "Federal policies" means those regulations outlining the National Scenic Byway Program and that set forth the criteria for designating roadways as National Scenic Byways or All-American Roads, specifically the FHWA Interim Policy.

(9) "Local legislative body" means the elected governing board of a political subdivision, such as a town, city, county, or tribal government.

(10) "GOEO" means the Utah Governor's Office of Economic Opportunity.

(11) "Grant" means discretionary funding available on a competitive basis to designated scenic byways from the Federal Highway Administration through the National Scenic Byways Program.

(12) "Intrinsic quality" means scenic, historic, recreational, cultural, archaeological, or natural features that are considered representative, unique, irreplaceable, or distinctly characteristic of an area. The National Scenic Byways Program further defines each of these qualities.

(13) "Local Scenic Byway Committee" means the committee consisting of the local byway coordinator and representatives from nearby local legislative bodies, agencies, tourism related groups and interested individuals that recommends and prioritizes various projects and applications relating to a scenic byway. The local scenic byway committee promotes and preserves intrinsic values along the byway.

(14) "Local Byway Coordinator" means an individual recognized by the local scenic byway committee as chair. If a local scenic byway committee does not exist for a scenic byway, the local byway coordinator is an individual recognized by the state committee chair as the person to contact for applications and other administrative business for the state scenic byway.

(15) "National Scenic Byway" means a scenic byway designation made at the national level for byways that significantly meet criteria for at least one quality out of the six defined intrinsic qualities.

(16) "National Scenic Byways Program" or "NSBP" means a program provided by the Federal Highway Administration to promote the recognition and enjoyment of America's memorable roads.

(17) "State Scenic Byway" means a Utah roadway corridor that has been designated by the committee with approval from the Legislature for its intrinsic qualities.

(18) "Status" refers to the current designation of a scenic byway, i.e., state scenic byway, National Scenic Byway, All- American Road, undesignated roadway, segmented scenic byway or de-designated scenic byway.

History

KEY: transportation, scenic byways, highways
Date of Last Change: October 22, 2024
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 72-4-301; 72-4-301.5; 72-4-302; 72-4-303; 72-4- 304

Utah Admin. Code R926-14-4 Utah State Scenic Byway Committee Organization and Administration

(1) The authorization of the committee, its membership, administration, powers, and duties are defined in the Designation of Highways Act, Title 72, Chapter 4.

(2) The committee shall conduct business to administer the State Scenic Byway program within the state. This business shall include:

(a) designating, de-designating, hearing appeals of segmentation denials of state scenic byways, and consideration of segmentation under a request for agency action;

(b) recommending considerations for state scenic byway and National and All-American Road recognition to the Legislature;

(d) prioritizing applications for Scenic Byway Discretionary funding and other funding that may be available; and

(e) other business as may be needed to administer the scenic byway program.

(3)(a) The committee shall meet to conduct business necessary to administer the state scenic byway program.

(b) The meeting is intended to be an in-person gathering of the full committee at a single anchor location. Where the need arises, and as authorized by the Open and Public Meetings Act, Title 52, Chapter 4, the committee may hold electronic meetings.

(c)(i) Any additional meetings called by the chair, including committee meetings to consider factors associated with a request for agency action to segment property adjacent to a scenic byway, may be held as either in-person or electronic meetings, at the discretion of the chair, as authorized by the Open and Public Meetings Act, Title 52, Chapter 4.

(ii) Electronic meetings may be fully electronic, i.e. each member may join on an individual remote connection, but an anchor location must be provided for the public at one or more connections, preferably at a conference room available to either the department or the Utah Office of Tourism, that is large enough to accommodate anticipated demand.

(iii) Electronic meetings may be via teleconference, video conference, web conference, or other emerging electronic technology, at the discretion of the chair, as long as adequate time is provided to set up the required electronic connections for participants and the technology used is generally publicly available.

(iv) All meetings, whether in-person or electronic, must be advertised and accessible to the public for both hearing and comment, which in the case of electronic meetings will require publication of connection details and anchor locations.

(v) The published agenda for electronic meetings needs to include details on the format of how and when public comment will be received and addressed by the committee. For example, comment during an electronic meeting may be taken continuously via a chat window, then read by the moderator during the time set aside for public input. For electronic meetings, public participants may be requested to hold their comments until a designated period is opened by the chair.

History

KEY: transportation, scenic byways, highways
Date of Last Change: October 22, 2024
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 72-4-301; 72-4-301.5; 72-4-302; 72-4-303; 72-4- 304

Utah Admin. Code R926-14-5 Criteria Required of a Highway to Be Considered for Designation as a State Scenic Byway

(1) A road being considered for state scenic byway designation must meet the following criteria:

(a) the nominated road must possess at least two of the six intrinsic qualities described in Section 72-4-303;

(b) the nominated road may be either a planned or existing route and in the case of a planned route, legal public access, safety standards and all-weather pavement must be guaranteed at completion of construction;

(c) roadway safety on the nominated road must be evaluated against and guided by American Association of State Highway and Transportation Officials safety standards for federal aid primary or secondary roads;

(d) the nominated road must have strong local support for byway designation and the proponents must demonstrate this support and coordination;

(e) the nominated road must accommodate recreational vehicles or provisions should be made for travel by recreational vehicles;

(f) the nominated road need not lead to or provide connection to other road networks; it may be dead-ended, or provide only a single outlet for traffic;

(g) the nominated road need not be open during the winter months, but seasonal road closures must be clearly posted, shown on applicable maps, and specified in any promotional literature; and

(h) the nominated road may include portions of the Interstate Highway System, but only if the Interstate component is a small part of the mileage of the overall nominated scenic byway and is included primarily for continuity of travel.

(2) These criteria are meant to be restrictive in nature to limit the number of designated state scenic byways to maintain the quality and integrity of the scenic byway system.

History

KEY: transportation, scenic byways, highways
Date of Last Change: October 22, 2024
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 72-4-301; 72-4-301.5; 72-4-302; 72-4-303; 72-4- 304

Utah Admin. Code R926-14-6 Process for Nominating a Highway to Be Designated a State Scenic Byway

(1) Nominations for a corridor to be designated a state scenic byway shall be forwarded to the committee by a local legislative body.

(2) The nomination application must demonstrate how the nominated road meets the criteria to qualify as a state scenic byway.

(3) The committee will act on a byway-related application only after the requesting entity has held public hearings in accordance with Section R926-14-10 and submitted minutes of the hearings, including names and addresses of people making comments, a detailed summary of comments made, and proof of public notification.

(4) The committee will consider the nomination after review of the application and after a presentation by the nominating sponsor group, either at the byway location, or at a committee meeting. The committee will vote on proposed designations at the next committee meeting to determine whether to forward the proposal to the Legislature for further consideration. The committee will report the results of the vote to the nomination sponsor.

(5) Individual communities along the byway corridor that do not support the designation of the state scenic byway within the limits of their community have the statutory right, as prescribed in the Designation of Highways Act, Title 72, Chapter 4, to opt out of any new byway designation through official segmentation action of their local legislative body, but they become ineligible for byway grants and promotional considerations by doing so.

(6)(a) Upon approval by the committee and the Legislature of a state scenic byway nomination, the committee shall notify the Utah Office of Tourism, the department, and other interested agencies of the new designation and of the approved alignment and limits of the designated corridor.

(b) The committee will make a request to these agencies that they modify reference of the scenic byway, to reflect the change in scenic byway status, on maps and in materials and website applications identifying state scenic byways.

(7) On receiving notification of a newly designated state scenic byway, the department shall amend Rule R926-13 to include the description of the state scenic byway and the date of its approval. The department shall forward to the NSBP any electronic files needed to describe or display the new state scenic byway in online maps, brochures, or other publications of the NSBP. The department will add the state scenic byway to the official highway map at its next printing.

History

KEY: transportation, scenic byways, highways
Date of Last Change: October 22, 2024
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 72-4-301; 72-4-301.5; 72-4-302; 72-4-303; 72-4- 304

Utah Admin. Code R926-14-7 Process for Nominating a Highway to Be Designated a National Scenic Byway or All-American Road

(1) In addition to state recognition, state scenic byways may be nominated to the National Scenic Byways Program so that they may be recognized as a byway of national significance through designation as a National Scenic Byway or All- American Road.

(2) Local scenic byway committees shall notify the state committee of their intent to apply for National Scenic Byway or All-American Road status and the state committee shall in turn notify the Legislature of this intent.

(3)(a) Local scenic byway committees shall prepare the necessary nomination applications required by the National Scenic Byways Program.

(b) Local scenic byway committees shall also prepare the required corridor management plan as outlined in federal policies.

(c) When the NSBP issues a call for applications, a local scenic byway committee may submit a nomination application if the state scenic byway has been approved for consideration in accordance with the requirements of the Designation of Highways Act, Title 72, Chapter 4.

(4) Local scenic byway committees shall confer with the state committee during the preparation of a corridor management plan and will submit their nomination applications to the committee for review before submitting to the NSBP.

(5) The committee will refer considerations for National or All-American Road designations to the Legislature for approval, along with the recommendation of the committee. As required in the Designation of Highways Act, Title 72, Chapter 4, Legislative approval must be obtained before any application for nomination may be submitted to the NSBP.

(6)(a) Upon approval by the NSBP of a National Scenic Byway nomination, the committee shall notify the Utah Office of Tourism, the department, and other interested agencies of the new designation and of any differences in alignment or limits as related to existing state scenic byway designations.

(b) The committee will make a request to these agencies that they modify reference of the segment, to reflect the change in status on maps and in materials and website applications identifying scenic byways.

(7) On receiving notification of a change in status to National Scenic Byway or All-American Road, the department shall amend Rule R926-13 to update the description of the byway to reflect the approved changes and the date of NSBP approval.

History

KEY: transportation, scenic byways, highways
Date of Last Change: October 22, 2024
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 72-4-301; 72-4-301.5; 72-4-302; 72-4-303; 72-4- 304

Utah Admin. Code R926-14-8 Process and Criteria for Removing the Designation of a Highway as a Scenic Byway or Segmentation of a Portion Thereof

(1) The committee may de-designate a scenic byway if the intrinsic values for which the corridor was designated have become significantly degraded and no longer meet the requirements for which it was originally designated.

(2) The local legislative body may remove designation on a localized segment of a designated byway if the intrinsic values within the segment have become degraded or if the segment being considered was included primarily for continuity of travel along the designated corridor, does not in and of itself contain the intrinsic values for which the corridor was designated, and the segmentation has strong community-based support.

(3) Highways that are part of the National Highway System are still subject to certain federal outdoor advertising regulations, regardless of their scenic byway status. When considering a de-designation or segmentation on an National Highway System route, either the committee or the local legislative body should become familiar with the regulatory differences between scenic byway status and National Highway System status, since de-designation or segmentation would not affect the ongoing applicability of National Highway System regulations and may not always produce the desired effect.

(4) De-designated corridors and communities or parcels segmented out of the scenic byway designation are no longer subject to byways-related regulations and are no longer eligible for byways-related grants and promotional considerations.

(5) Committee processes for de-designation may be initiated by the committee itself or by request from a local legislative body.

(6) Segmentation of specific parcels or portions of a scenic byway may be considered directly by the local legislative body of a county, city, or town where the segmentation is proposed, as provided in the Designation of Highways Act, Title 72, Chapter 4. The same public hearing requirements are followed for local legislative actions as are provided herein for committee actions.

(7)(a) Alternately, segmentation of specific parcels of property adjacent to a scenic byway may be requested by the property owner by submitting a written request for agency action, as provided in the Administrative Procedures Act, Title 63G, Chapter 4, Part 2.

(b) The request for agency action shall contain the information required by Subsection 63G-4-201(3)(a), and shall include a statement why the owner considers the property to be non-scenic as defined in Section 72-4-301.

(c) The written request for agency action shall be mailed to the Office of Tourism, Film and Global Branding within GOEO, with a copy of the request mailed to the Program Development Group within the Utah Department of Transportation to the attention of Program Development.

(d)(i) Segmentation of property under a request for agency action shall take effect 60 days after receipt of the written request by the Office of Tourism within GOEO, unless the committee demonstrates to an administrative law judge within 60 days, with subsequent action by the administrative law judge, that the property fails to meet the definition of non-scenic area as defined in Section 72-4-301.

(ii) Pursuant to Subsection 72-4-303(3)(d), receipt of the request for agency action shall be the date on which the mailed copy of the request is received by GOEO's Office of Tourism.

(iii) Requests for Agency Action shall be mailed to: GOEO OFFICE OF TOURISM Attention:

Scenic Byway Committee

300 North State Street

Council Hall / Capitol Hill

Salt Lake City Utah 84114

(iv) A copy of the request for agency action shall be mailed to:

Program Development Group of the Utah Department of Transportation

4501 South 2700 West

PO Box 143600

Salt Lake City Utah 84114

(e) A request for agency action involving segmentation is classified as an informal adjudicative proceeding.

(8) Requests to the committee for de-designation of state scenic byways shall be submitted by a local legislative body along or adjacent to the scenic byway corridor. Each request shall include discussion of the specific reasons for de-designation. Reasons may include:

(a) segment or corridor is no longer consistent with the state's criteria for selection as a scenic byway;

(b) failure to have maintained or enhanced intrinsic values for which the scenic byway was designated;

(d) segment of the byway is not representative of the intrinsic values for which the scenic byway was designated and was included primarily for connectivity; or

(e) state scenic byway designation has become a liability to the corridor.

(9) Local legislative bodies shall inform the committee and UDOT Program Development of their action to segment within 30 days of the date of the action to segment. The local legislative body shall include the discussion of the specific reasons for segmenting. Reasons may include those identified in Subsections (8)(a) through (d).

(10) Parcels on existing byways may not be segmented out of a byway solely for evading state and federal regulations pertaining to byway designation but must also be considered non-scenic or otherwise meet the criteria listed in Subsection (8). However, towns, cities, and counties may remove themselves entirely for any purpose, as provided in the Designation of Highways Act, Title 72, Chapter 4.

(11) State and federal highway regulations require that no regulated outdoor advertising be located within 500 feet of a designated scenic area. Therefore, the size of any parcel or parcels being considered for segmentation would need to be large enough to meet that offset requirement.

(12) Upon receipt of the local legislative body's action to segment, the committee chair will add the action to the agenda of the next committee meeting.

(13) The local legislative body shall provide the committee with the following information at the next committee meeting:

(a) the date the local legislative body acted on the request to segment;

(b) the defined limits of the segmented portion of the scenic byway, including route and milepost details and definitions;

(d) a copy of the signed resolution from the local legislative body.

(14)(a) If the responsible legislative body has heard and denied a request to segment a state scenic byway, the denial can be appealed to the committee. The appeal must include information regarding the public hearings, minutes of the hearings, including names and addresses of people making comments, a detailed summary of comments made, and proof of public notification.

(b) When considering appeals related to segmentations, the committee shall follow Title 72, Chapter 4, Part 3, Utah State Scenic Byway Program.

(15)(a) Following discussion of the request or appeal, the committee will vote on the request for de-designation or appeal of the denial of segmentation.

(b) The committee will then forward the result of the vote to the requesting local legislative body or appealing party.

(c) If the committee approves a de-designation, the committee shall forward the de-designation request to the Legislature for further consideration in accordance with Section 72-4-303.

(16)(a) Upon approval of a segmentation by a local legislative body, the local legislative body shall notify the committee and the local byway coordinator of the action taken.

(b) Upon receiving notification under Subsection (16)(a), approval of a segmentation by the committee, or approval of a de-designation by the Legislature, the committee shall notify the Utah Office of Tourism, the department, the NSBP, if applicable, and other interested stakeholders and request that the change be reflected in the scenic byway status, on relevant maps, and in relevant materials and website applications identifying scenic byways.

(18)(a) Upon receiving notification of segmentation or de-designation, the department shall amend Rule R926-13 to update the description of the byway to reflect the approved changes.

(b) The department shall forward to the NSBP any changes that would have a substantive effect on online maps, brochures, or other publications of the NSBP.

(19) For purposes of byway program eligibility and subjection to byway regulations, the official date of de-designation or segmentation is:

(a) for de-designation, the effective date of the concurrent resolution that approves the de-designation in accordance with Section 72-4-303;

(b) for a segmentation considered by the committee or a local legislative body, the date the committee or the local legislative body approves the segmentation; or

(c) for a segmentation proposed by a property owner through a request for agency action, as provided in the Administrative Procedures Act, Title 63G, Chapter 4, Part 2, the date described in Subsection (7)(d)(i).

History

KEY: transportation, scenic byways, highways
Date of Last Change: October 22, 2024
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 72-4-301; 72-4-301.5; 72-4-302; 72-4-303; 72-4- 304

Utah Admin. Code R926-14-9 Local Government Consent

Consent of affected local governments along the byway corridor is required by the Designation of Highways Act, Title 72, Chapter 4 for any change in scenic byway status.

History

KEY: transportation, scenic byways, highways
Date of Last Change: October 22, 2024
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 72-4-301; 72-4-301.5; 72-4-302; 72-4-303; 72-4- 304

Utah Admin. Code R926-14-10 Requirements for Public Hearings to Be Conducted Regarding Changes to Status of a State Scenic Byway and Related Notifications

(1) Before action is taken on a change in status of a corridor, the entity requesting the change must hold a public hearing, as provided in this section, for receiving public comments on the change in status and to respond to questions and concerns.

(2)(a) If a change in status is being considered due to a request for agency action from a property owner to segment property adjacent to a scenic byway, the committee shall hold the public hearing required by this section.

(b) Except for changes requested by a property owner as described under Subsection (2)(a), the entity requesting the change in status is responsible for holding the public hearing required by this section.

(i) the entity submitting an application or request to the committee;

(ii) the committee, in the case of a process initiated by the committee itself; or

(iii) the local legislative body considering a segmentation request.

(3)(a) Requesting entities shall ensure the venue used to hold public hearings described in Subsection (1) are located as close as practicable to the area affected by the proposed status change.

(b)(i) Depending on the length of the corridor, the committee may require the requesting entity to hold multiple public hearings in a variety of locations.

(ii) The committee chair shall review and approve the number and locations of public hearings to ensure people throughout the length of the corridor have the opportunity to provide public comment on the proposed status change.

(c) The requesting entity shall inform the committee and the local scenic byway committee of the date and time of each public hearing the requesting entity schedules.

(4) A public hearing required by this section:

(a) may be held separately, or as an identifiable agenda item of a regular meeting of a local legislative body; and

(b) is subject to the notice and other relevant requirements of Title 52, Chapter 4, Open and Public Meetings Act.

(5) At a minimum, the following information related to the proposed change in status is to be addressed at each public hearing:

(a) the impact on outdoor advertising;

(b) the potential impact of traffic volumes;

(d) the potential impact on grant eligibility; and

(e) the potential impact on the local tourist industry.

(6) The requesting entity shall keep minutes of the hearing, including a detailed summary of comments and the names and addresses of those making comments and shall make these available to the committee, along with proof of required notifications.

History

KEY: transportation, scenic byways, highways
Date of Last Change: October 22, 2024
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 72-4-301; 72-4-301.5; 72-4-302; 72-4-303; 72-4- 304

Utah Admin. Code R926-14-11 Requirements for Consideration of Adjudicative Proceedings Associated with a Segmentation Request Submitted by a Property Owner Under a Request for Agency Action

(1) If the committee determines at a public hearing that property associated with a property owner's request for agency action to segment property does not meet the definition of non-scenic as defined in Section 72-4-301, the chair of the committee shall notify the property owner that its request for agency action is denied pending administrative hearing.

(2) The chair of the committee shall notify the property owner in writing of:

(a) the committee's denial of the request for agency action;

(b) the committee's intent to have the matter considered by an administrative law judge; and

(3) No more than 10 days after the written notice is sent advising the property owner of the committee's denial of the request for agency action and intent to have the matter considered by an administrative law judge, the property owner shall notify the committee in writing of their agreement on selection of the administrative law judge named by the committee or advise the committee of an alternate judge agreed upon by the committee.

(4) Administrative Hearings initiated under this provision shall be designated as informal hearings under the Utah Administrative Procedures Act and conducted as set forth in Section 63G-4-203.

History

KEY: transportation, scenic byways, highways
Date of Last Change: October 22, 2024
Notice of Continuation: March 18, 2025
Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 72-4-301; 72-4-301.5; 72-4-302; 72-4-303; 72-4- 304

R926-15 Designated Scenic Backways

Utah Admin. Code R926-15-1 Purpose

(1) The primary purpose of this rule is to identify the specific roadways designated as state scenic backways by the Utah State Scenic Byways Committee in 1990, and any additions or deletions made by that body since then, in order to preserve the historical record of those designations and the general definition of the extents of these backways provided by the committee at the time of designation.

(2) A secondary purpose of this rule is to clarify the jurisdiction and limitations of authority for maintaining the intrinsic qualities, quality of life, and wayfinding signs on scenic backway routes.

History

KEY: transportation, scenic byways, scenic backways, highways
Date of Last Change: August 22, 2011
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 72-4-303; 63G-3-201

Utah Admin. Code R926-15-2 Authority

The provisions of this rule are authorized by the following grants of rulemaking authority and provisions of Utah Code: Title 63G, Chapter 3; and the Designation of Highways Act, Title 72, Chapter 4.

History

KEY: transportation, scenic byways, scenic backways, highways
Date of Last Change: August 22, 2011
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 72-4-303; 63G-3-201

Utah Admin. Code R926-15-3 Definitions

Terms used in this rule are defined in Title 72, Chapter 4 and in Rules 926-13-3 and 926-14-3. The following additional term is defined for this rule:

(1) "Scenic backway" is a route that has been designated by the committee in recognition of its intrinsic qualities, as defined for scenic byways, but that does not meet either the width, grade, curvature, paving, or safety criteria necessary to be considered a state scenic byway.

(a) The route must be on a road that is legally accessible to the public.

(b) Preference is given to roads that form a loop or are part of a network of scenic roads or trails.

(c) Travel on a scenic backway route is considered to be reasonably safe, although a certain amount of risk may be involved.

(d) Scenic backways fall into three categories or types, depending on the characteristics of the road. These characteristics are typically outlined in tourist information, but not specified here in the list of designated backways because there may be segments of each type in any given backway.

(i) Type I scenic backways are roads that may be partly paved or have an all-weather surface and grades that are negotiable by a normal touring car. These are usually narrow, slow speed, secondary roads.

(ii) Type II scenic backways are roads that are usually not paved, but may have some type of surfacing. Grades, curves, and road surfaces may be negotiated with a two-wheel-drive, high-clearance vehicle without undue difficulty.

(iii) Type III scenic backways are roads that are usually not surfaced and have grades, tread surface, and other characteristics that require four-wheel-drive or other specialized off-highway vehicles such as dirt bikes or ATVs.

History

KEY: transportation, scenic byways, scenic backways, highways
Date of Last Change: August 22, 2011
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 72-4-303; 63G-3-201

Utah Admin. Code R926-15-4 Jurisdiction Over State Scenic Backways and Limitations of Authority

(1) The Utah State Scenic Byways Committee has authority to designate and de-designate scenic backways.

(a) The network of scenic backways is already extensive and the committee intends to limit the number of backways in order to maintain the quality and integrity of the scenic backway system. For this reason, the likelihood of new designations is low, but proposals for new backway routes will be considered.

(b) Backway routes that are improved after designation to the point of meeting the criteria required of state scenic byways may be presented to the committee for consideration of a re-designation to scenic byway status.

(2) Scenic backways do not qualify for the National Scenic Byways Program nor are any of them part of the National Highway System. They are not subject to any federal regulations pertaining to designated scenic byways, including outdoor advertising restrictions, and they are not eligible for federal byway grants.

(3) The authority and responsibility for maintaining the intrinsic qualities for which each scenic backway was designated, including the regulation of outdoor advertising, rests with the cities, towns, counties and resource agencies through which the route passes.

(a) Preserving the intrinsic qualities of and quality of life along each backway corridor, as determined locally, is dependant on local zoning and signing ordinances.

(b) Except for routes on state highways, the Utah Department of Transportation holds no oversight authority on backway routes.

(4) Installation and maintenance of scenic backway wayfinding signs is a local responsibility.

(a) The design, size, and installation details of the signs are maintained by the Utah Office of Tourism, in consultation with the Utah Department of Transportation, for continuity across the state and to ensure conformity to the Manual on Uniform Traffic Controls.

(b) Historically, the UDOT Traffic and Safety Division has allowed local agencies and local committees to purchase scenic backway signs from its sign shops and through its outside vendors under its sign contracts, to help provide statewide continuity and to help reduce taxpayer costs through shared volume buying.

History

KEY: transportation, scenic byways, scenic backways, highways
Date of Last Change: August 22, 2011
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 72-4-303; 63G-3-201

Utah Admin. Code R926-15-5 Highways Within the State That Are Designated as State Scenic Backways

The following roads are designated as state scenic backways (date of designation is April 9, 1990 unless otherwise specified):

(1) Central Pacific Railroad Trail Scenic Backway. Following the abandoned railroad grade from Locomotive Springs (south of Snowville and west of Golden Spike National Monument) through Lucin to the Utah/Nevada State Line.

(2) Silver Island Mountain Loop Scenic Backway. From Danger Cave Archaeological Site near Wendover, around Silver Island Mountain.

(3) Bountiful/Farmington Loop Scenic Backway. Along Skyline Drive from east Bountiful, over Bountiful Peak and down Farmington Canyon, through Farmington to US-89.

(4) Trappers Loop Road Scenic Backway. State Route 167 from Mountain Green through Wasatch-Cache National Forest to Huntsville and the Ogden River Scenic Byway.

(5) Willard Peak Road Scenic Backway. From Mantua through Wasatch-Cache National Forest to Inspiration Point near Willard Peak.

(6) Hardware Ranch Road Scenic Backway. From Hyrum on SR-101 through Hardware Ranch and then north through Wasatch-Cache National Forest and past the Sinks to US-89, ten miles west of Bear Lake on the Logan Canyon National Scenic Byway.

(7) Middle Canyon Road Scenic Backway. From Tooele up Middle Canyon, over Butterfield Peak, and down Butterfield Canyon to Highway 111 (former Lark site).

(8) South Willow Road Scenic Backway. From Mormon Trail Road, five miles south of Grantsville, west to Deseret Peak.

(9) Alpine Scenic Loop. State Route 92 from the mouth of American Fork Canyon through Uinta National Forest and along the back side of Mount Timpanogos to US-189, one mile east of Vivian Park on the Provo Canyon Scenic Byway.

(10) Cascade Springs Scenic Backway. From Alpine Scenic Loop east past Cascade Springs and north to Wasatch Mountain State Park.

(11) Guardsman Pass Road Scenic Backway. From Wasatch Mountain State Park to Park City and Brighton on the Big Cottonwood Canyon Scenic Byway.

(12) Pioneer Memorial Backway. State Route 65 from Henefer past East Canyon State Park to Emigration Canyon Road and Emigration Canyon Road from SR-65 to Hogle Zoo.

(13) North Slope Road Scenic Backway. From Mirror Lake Scenic Byway (SR-150), six miles south of the Utah/Wyoming State Line, east past China Lake and north to Stateline Reservoir.

(14) Broadhead Meadow Road Scenic Backway. Murdock Basin Road from Mirror Lake Scenic Byway (SR-150), 24 miles east of Kamas, to Broadhead Meadow Road, then north past Broadhead Meadow and back to Mirror Lake Highway just south of Upper Provo River Falls.

(15) Red Cloud/Dry Fork Loop Scenic Backway. From US-191, 14 miles north of Vernal on the Flaming Gorge-Uintas National Scenic Byway, west through Ashley National Forest, then south to Dry Fork near Maeser.

(16) Sheep Creek/Spirit Lake Loop Scenic Backway. From SR-44, 15 miles west of the junction of SR-44 and US-191 on the Flaming Gorge-Uintas National Scenic Byway, looping back through Sheep Creek Canyon to SR-44 six miles south of Manila, plus the spur road to Spirit Lake starting about 3 miles west of SR-44.

(17) Jones Hole Road Scenic Backway. From 500 North Street, 4 miles east of Vernal, north and east to Diamond Mountain Plateau and east to Jones Hole at the Utah/Colorado State Line.

(18) Brown's Park Road Scenic Backway. From Jones Hole Road Scenic Backway at Diamond Mountain Plateau, north down Crouse Canyon and through Brown's Park, then west through Jessie Ewing Canyon to US-191, five miles north of Dutch John on the Flaming Gorge-Uintas National Scenic Byway.

(19) Notch Peak Loop Scenic Backway. From US-50, 43 miles west of Delta, north around the House Range Mountains to Dome Canyon Pass and south around the western side of the range back to US-50.

(20) Pony Express Trail Scenic Backway. From Fairfield west through Faust, over Lookout Summit, and past Simpson Springs and Fish Springs to Callao, Clifton, and Ibapah.

(21) Deep Creek Mountains Scenic Backway. From Pony Express Trail Scenic Backway at Callao, south to Trout Creek, plus the side roads into each of the five canyons into the Deep Creek Mountains.

(22) Reservation Ridge Scenic Backway. From US-191 at the Avantaquin Campground turnoff on the Dinosaur Diamond Prehistoric Highway National Scenic Byway, west along the ridge line to US-6, just east of Soldier Summit.

(23) White River/Strawberry Road Scenic Backway. From US-6, just east of Soldier Summit, north to Trail Hollow and north past Strawberry Reservoir to US-40, 23 miles east of Heber.

(24) Nine Mile Canyon Scenic Backway. From US-191, two miles east of Wellington on the Dinosaur Diamond Prehistoric Highway National Scenic Byway, north and east through Nine Mile Canyon to Myton.

(25) Chicken Creek Road Scenic Backway. From Levan to Chester through the Uinta National Forest over the San Pitch Mountains.

(26) Skyline Drive Scenic Backway. From the Tucker Rest Area on US-6 up the left fork of Clear Creek, crossing the Energy Loop National Scenic Byway, and south through the Manti-La Sal and Fishlake National Forests to I-70 at Taylor Flat, 18 miles east of Salina.

(27) Mayfield-Ferron Scenic Backway. From Mayfield to Ferron, crossing Skyline Drive Scenic Backway in the Manti- La Sal National Forest.

(28) Wedge Overlook/Buckhorn Draw Scenic Backway. From Castle Dale on SR-10 to the Wedge Overlook and from the Wedge Overlook turnoff, 13 miles east of SR-10, through Buckhorn Draw to I-70 at Exit 131.

(29) Dinosaur/Cedar Overlook Scenic Backway. From Cleveland south and east to the Cleveland-Lloyd Dinosaur Quarry and from the turnoff, six miles west of the quarry, on south and east to Cedar Mountain.

(30) Temple Mountain/Goblin Valley Road Scenic Backway. From SR-24, 24 miles south of I-70, west to the base of Temple Mountain, then south to Goblin Valley State Park.

(31) Kimberly/Big John Flat Road Scenic Backway. State Route 153 from Junction on US-89 to the east end of the Beaver Canyon Scenic Byway, then from SR-153 north along Big John Flat Road, Beaver Creek Road, and Kimberly Road to I-70 at Castle Rock, plus the Kent's Lake Loop (Forest Road 137).

(32) Cove Mountain Road. From Koosharem on SR-62 through Fishlake National Forest to Glenwood on SR-119.

(33) Cathedral Valley Road Scenic Backway. From SR-24, 1/2 mile west of Caineville on the Capitol Reef Country Scenic Byway, north along Cathedral Valley into the northern part of Capitol Reef National Park, then north to Fremont Junction on I-70.

(34) Thousand Lake Mountain Road Scenic Backway. From SR-72, five miles northeast of Fremont, to Baler Ranch Road which connects to Factory Butte Road and Elkhorn Road, which passes through Capitol Reef National Park and connects to Factory Butte.

(35) Gooseberry/Fremont Road Scenic Backway. From Johnson Valley Reservoir at the Fishlake Scenic Byway, north through Fishlake National Forest to I-70, 6.5 miles east of Salina.

(a) Originally defined as running from SR-72, two miles north of Fremont, to I-70.

(b) The southern segment of this backway, between Fremont and Johnson Valley Reservoir, was redesignated a scenic byway and added to the Fishlake Scenic Byway November 18, 1992.

(36) La Sal Mountain Loop Road Scenic Backway. From US-191, six miles south of Moab, over the La Sal Mountains in the Manti-La Sal National Forest and through Castle Valley to SR-128 and the Dinosaur Diamond Prehistoric Highway National Scenic Byway.

(37) Lockhart Basin Road Scenic Backway. From Moab south through Kane Creek Canyon, Lockhart Basin and alongside Canyonlands National Park to SR-211 and the Indian Creek Corridor Scenic Byway.

(38) Needles/Anticline Overlook Road Scenic Backway. From US-191, 12 miles south of La Sal Junction, north to Anticline Overlook and Needles Overlook.

(39) The Trail of the Ancients Scenic Backway. State Route 261 from SR-95 south to US-163, plus SR-316 from SR-261 to Goosenecks Overlook. Also the roadways running on SR-262 between US-191 and County Road FAS-2416, and on FAS-2416 starting at SR-262 and running southeasterly to County Road FAS-2422, then northeasterly on FAS-2422 to the Utah/Colorado State Line near Hovenweep National Monument.

(a) Originally designated as the Moki Dugway Scenic Backway.

(b) Renamed and extended on February 7, 1994, to also include the route between US-191 and Hovenweep.

(40) Elk Ridge Road Scenic Backway. From SR-275 near Natural Bridges National Monument, one mile west of the junction of SR-95 on the Trail Of the Ancients National Scenic Byway, north and east through Bears Ears and across Elk Ridge to SR- 211 and the Indian Creek Corridor Scenic Byway.

(41) Abajo Loop Scenic Backway. From Monticello west around Abajo Peak and south to Blanding at the northern end of the Trail of the Ancients National Scenic Byway.

(42) Bull Creek Pass Road Scenic Backway. From SR-95, 15 miles south of SR-24 on the Bicentennial Highway Scenic Byway, to McMillan Springs through Steven Narrows and east to SR-276, five miles south of SR-95.

(a) Originally called Bull Mountain Road Scenic Backway.

(43) Notom Road Scenic Backway. From SR-24 at the Capitol Reef National Park boundary on the Capitol Reef Country Scenic Byway, south to the Burr Trail Scenic Backway.

(44) Burr Trail Scenic Backway. From SR-12 at Boulder on the Scenic Byway 12 All-American Road, east and south across the Waterpocket Fold in Capitol Reef National Park to SR-276 near Bullfrog.

(45) Hole in the Rock Scenic Backway. From SR-12, five miles east of Escalante on the Scenic Byway 12 All-American Road, southeast through Grand Staircase-Escalante National Monument and Glen Canyon National Recreation Area to the Hole in the Rock at Lake Powell.

(46) Smoky Mountain Road Scenic Backway. From SR-12 at Escalante on the Scenic Byway 12 All-American Road, south across the Kaiparowits Plateau and through the Grand Staircase-Escalante National Monument to Big Water on US-89.

(47) Posey Lake Road Scenic Backway. From Escalante on the Scenic Byway 12 All-American Road, north through the Dixie National Forest, past Death Hollow Wilderness Area and Posey Lake, to Bicknell on the Capitol Reef Country Scenic Byway.

(48) Griffin Top Road Scenic Backway. From Posey Lake on the Posey Lake Road Scenic Backway west and south through the Dixie National Forest to the historic Widtsoe settlement (Widtsoe Junction).

(49) Cottonwood Canyon Road Scenic Backway. From US-89 at the Paria Ranger Station, north through the Grand Staircase-Escalante National Monument to Cannonville on the Scenic Byway 12 All-American Road.

(50) Johnson Canyon/Alton Amphitheater Scenic Backway. From US-89, eight miles east of Kanab, north and west to Glendale through the Grand Staircase National Monument and the Vermillion Cliffs, White Cliffs, and Pink Cliffs. Also a spur route from 8 miles east of Glendale, north to Alton.

(51) Paria River Valley Scenic Backway. From US-89, at the Spur, 40 miles east of Kanab, north to the Paria ghost town and movie set.

(52) East Fork of the Sevier Scenic Backway. From SR-12, 14 miles east of the US-89 junction on the Scenic Byway 12 All-American Road, south through the Dixie National Forest and parallel to the west boundary of Bryce Canyon National Park, to the southern terminus at the clifftop.

(53) Ponderosa/Coral Pink Sand Dunes Scenic Backway. From US-89, seven miles northwest of Kanab, southwest past Ponderosa Campground to Coral Pink Sand Dunes State Park.

(54) Smithsonian Butte Scenic Backway. From SR-9 at Rockville on the Zion Park Scenic Byway, south to US-89 at Apple Valley.

(55) Kolob Reservoir Road Scenic Backway. From SR-9 at Virgin on the Zion Park Scenic Byway, through Zion National Park to SR-14, six miles east of Cedar City on the Cedar Breaks Scenic Byway.

(56) Dry Lakes/Summit Canyon Scenic Backway. From Summit on Old US-91 (near I-15), east through Dixie National Forest to SR-143, eight miles south of Parowan on the Utah's Patchwork Parkway National Scenic Byway.

(57) Mojave Desert/Joshua Tree Road Scenic Backway. From Old US-91, two miles south of Shivwits, south around Jarvis Peak and west back to Old US-91, two miles north of the Utah/Arizona State Line.

(58) Snow Canyon Road Scenic Backway. From Ivins north through Snow Canyon State Park to SR-18.

History

KEY: transportation, scenic byways, scenic backways, highways
Date of Last Change: August 22, 2011
Notice of Continuation: May 26, 2026
Authorizing, and Implemented or Interpreted Law: 72-4-303; 63G-3-201

R926-16 Unsolicited Proposals for Transportation Infrastructure Public-Private Partnerships

Utah Admin. Code R926-16-1 Purpose and Authority

(1) Purpose. This rule provides a procedure for submitting, screening, evaluating, and implementing an unsolicited proposal to form Transportation Infrastructure Public-private Partnerships (TIPPPs); soliciting a proposal to compete with an unsolicited proposal based on concepts within the unsolicited proposal; and excluding an unsolicited proposal covered specifically by other rules or that are the responsibility of another state entity.

(2) Authority. This rule is authorized by Subsection 72-1-201(1)(h) and Section 63G-6a-712.

History

KEY: transportation, highways, public-private partnerships, unsolicited proposals, sovereign lands, lakebed
Date of Last Change: October 10, 2022
Notice of Continuation: September 5, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 63G-6a-712

Utah Admin. Code R926-16-2 Definitions

Except as otherwise stated in this rule, terms used in this rule are as defined in Sections 72-1-102 and 63G-6a-712. The following additional terms are defined for this rule:

(1) "Contractor" means a Proposer who is awarded a contract with the Department.

(2) "Days" means calendar days.

(3) The "Department" means the Department of Transportation.

(4) "Proposer" means a person that submits a letter of interest, qualifications, or a proposal under a solicitation for the purposes of entering into a Public-private partnership agreement with the Department, and may include a person, a firm, a partnership, a company, a public corporation, quasi-public corporation, or any legal combination or consortium thereof.

(5) "Submitter" means a person that submits an unsolicited proposal that complies with the requirements of Section 63G-6a-712.

(6) "Transportation Infrastructure" means any infrastructure element that is associated with the state transportation system and is the responsibility of the Department.

(7) "Public-private partnership" means, in addition to the definition of a PPP included in Subsection 63G-6a-103(66), a PPP involving UDOT as a government service or private business venture, funded and operated through a partnership including government and one or more Contractor. A PPP involving UDOT requires a contract between it and a Contractor, in which the Contractor provides a public service or product and assumes a substantial financial, technical, and operational risk in a project.

History

KEY: transportation, highways, public-private partnerships, unsolicited proposals, sovereign lands, lakebed
Date of Last Change: October 10, 2022
Notice of Continuation: September 5, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 63G-6a-712

Utah Admin. Code R926-16-3 Unsolicited Proposal Requirements

(1) The Department is not required to accept, review, or evaluate an unsolicited proposal.

(2) If the unsolicited proposal is related to construction of a highway facility over sovereign lakebed lands, it will be subject to the requirements outlined in Section 72-6-303 and administrative Rule R940-5 Approval of Highway Facilities on Sovereign Lands.

(3) Should the Department accept delivery of an unsolicited proposal it will provide an acknowledgement of receipt to the Submitter, but is not obligated to consider, evaluate, or advance an unsolicited proposal.

(4) The Department is not required to accept, review, or evaluate an unsolicited proposal that directly competes with or substantially impacts an ongoing project such as an active environmental study or active construction project.

(5) The Department is not required to accept, review, or evaluate an unsolicited proposal that appears to circumvent existing Department processes used to prioritize projects.

(6) TIPPPs must submit Unsolicited Proposals to the Department using the system the Department has established to accept solicited proposals. An unsolicited proposal submittal must, at a minimum, include:

(a) a statement establishing the period during which the unsolicited proposal will remain valid, which may be not less than 12 months following initial delivery. A renewal statement may be required as determined solely by the Department;

(b) information required for unsolicited proposals set forth in Section 63G-6a-712;

(d) a description of the organizations representing the Submitter and the organizations who would develop, finance, construct, operate and maintain the facility;

(e) a description of the Submitter's plan to develop, finance, construct, operate, maintain, or any combination of these elements, including identifying any revenue needed to support the project and proposed debt or equity investment proposed by the Submitter;

(f) a description of how the unsolicited proposal is consistent with the goals of the Department and addresses a demonstrated need for the state;

(g) an estimate of the amount of funding, if any, the State must invest;

(h) a list of the major permits and approvals required by state and local governments,, and federal agencies to develop or operate a project or facility resulting from an unsolicited proposal along with a projected schedule for obtaining the permits and approvals;

(i) a statement acknowledging that the Department has no obligation to advance or compensate a Submitter for any environmental studies needed, including the National Environmental Policy Act (NEPA), and other work associated with an unsolicited proposal;

(j) a description of the types of public utility facility, if any, that may be impacted by a project originating from the unsolicited proposal and a statement of the plans to accommodate the impact;

(k) identification of any elements of an unsolicited proposal or associated documentation that the Submitter claims as trade secrets or confidential information that meet the requirements of Subsection 63G-2-309(1)(a)(i), together with justification of the same and a properly completed Claim of Business Confidentiality as described by Section 63G-2-309; and

(l) any additional information the Department determines is necessary to evaluate an unsolicited proposal. The Department will notify the Submitter of any such additional information needed.

History

KEY: transportation, highways, public-private partnerships, unsolicited proposals, sovereign lands, lakebed
Date of Last Change: October 10, 2022
Notice of Continuation: September 5, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 63G-6a-712

Utah Admin. Code R926-16-4 Unsolicited Proposal Initial Threshold Review, Stage One -- Screening, and Stage Two -- Detailed Evaluation

(1) Evaluation. The Department may appoint an individual or an evaluation committee, as it deems appropriate and after any required fee is paid, to conduct reviews of unsolicited proposals to determine whether to request competing proposals and qualifications, request additional information to facilitate further evaluation, or reject the unsolicited proposal.

(2)(a) Review Procedure. The review procedure for unsolicited proposals includes the initial threshold review followed by two additional stages of evaluation, Stage One -- Screening, and Stage Two -- Detailed Evaluation.

(b) The Department will make the decision to review or reject an unsolicited proposal and decisions regarding proceeding through the review procedure unilaterally, however, the Department will consult with the Submitter before deciding to reject a proposal or move to the next stage in the review procedure.

(c) The Department will reject a proposal or continue to the next stage in the review procedure within a reasonable time, but not more than:

(i) 60 days after the date the initial unsolicited proposal is received;

(ii) 60 days after the date of notification to the Submitter of the Department's intent to advance to Stage One -- Screening; or

(iii) 90 days after the date an unsolicited proposal is received for Stage Two -- Detailed Review in response to the Department's instructions.

(d) The Department and the Submitter may agree to extend a review period beyond the defined days after a consultation. Review periods may be temporarily suspended to allow the Department to request clarifications from a Submitter and for the Submitter to respond to such a request.

(e) The Department and the Submitter must cooperate and proceed through the review procedure as expeditiously as practicable.

(3) Initial Threshold Review. The initial threshold review will consider whether the unsolicited proposal meets the minimum statutory and regulatory requirements, includes the required minimum content, and satisfies the definition of an unsolicited proposal. If the Department determines it will consider the unsolicited proposal further following the initial threshold review, the further review will be conducted in two stages, Stage One -- Screening, and Stage Two -- Detailed Evaluation.

(4) Stage One -- Screening. The Stage One -- Screening will be a summary review to determine whether the unsolicited proposal merits proceeding to Stage Two -- Detailed Evaluation.

(a) The Stage One -- Screening may consider whether the unsolicited proposal sufficiently addresses the following criteria:

(i) the proposal offers direct or anticipated benefits to the state;

(ii) is consistent with the Department's objectives and goals;

(iii) satisfies a need for the state that can be reasonably accommodated in annual long-term capital and operating budgets without displacing other planned expenditures, and without placing other committed projects at risk;

(iv) is within the Department's jurisdiction and authority;

(v) effectively leverages private sector innovation or expertise;

(vi) allows for the strategic transfer of project risk;

(vii) provides a cost savings to the Department or provides an opportunity to raise capital or provides revenue generation or revenue sharing with the Department; and

(viii) has other benefits specific to the unsolicited proposal.

(b) The Department may reject proposals that do not sufficiently address the Stage One -- Screening criteria or generally fail to meet the minimum requirements established under statute and this rule or that the Department otherwise determines do not merit further review.

(i) the unsolicited proposal fails to meet Stage One screening requirements, and in the sole discretion of the Department, it cannot be revised so that compliance is possible, or

(ii) further information is needed before the Department can determine whether to proceed with Stage Two -- Detailed Evaluation, or

(iii) the unsolicited proposal will be subject to Stage Two -- Detailed Evaluation, subject to the satisfactory receipt by the Department of additional information and receipt of the fee described in Section R926-16-7.

(5) Stage Two -- Detailed Evaluation. The purpose of the Stage Two -- Detailed Evaluation of the unsolicited proposal is to allow the Department to determine whether to issue a request for competing proposals and qualifications related to the unsolicited proposal.

(a) The Department will begin the Stage Two -- Detailed Evaluation upon the later of (i) the date of the receipt of any additional detailed information requested to supplement the unsolicited proposal, or (ii) the date of receipt of the fee described in Section R926-16-7.

(b) Where an unsolicited proposal is selected to proceed to Stage Two -- Detailed Evaluation, the Department may request from the Submitter more detailed information regarding the unsolicited proposal. Additional detailed information requested for the unsolicited proposal may include:

(i) the types of support required from the state including facilities, equipment, property and personnel;

(ii) a sufficiently detailed description of the scope of work and commercial terms the Submitter anticipates in the Public-private partnership to allow the Department to assess the value provided;

(iii) a cash flow analysis showing capital, maintenance and operating costs and revenues;

(iv) conceptual finance plan; and

(v) the availability of payment or form of a TIPPP and a schedule for implementation showing the dates for property or services to be provided by the state.

(c) The Submitter must provide information to assist the Department to incorporate any concepts the Submitter considers to be proprietary, confidential, or trade secret within the solicited procurement in a manner that will be acceptable to the Submitter.

(d) The Stage Two -- Detailed Evaluation will consider the overall costs for delivery of the project over the term of the proposed agreement described in the unsolicited proposal and the proposed approach to financing and funding the project described in the unsolicited proposal, including potential revenue streams. Additionally, the Stage Two -- Detailed Evaluation will consider the potential risks and reasonableness of assumptions associated with implementing the proposal and modifications to project scope, risk allocation, and commercial terms that would need to be incorporated within a solicited proposal.

(e) The Department will complete the Stage Two -- Detailed Evaluation, make its decision, and notify the Submitter as follows:

(i) the unsolicited proposal, or certain concepts included therein is suitable to form the basis of a competitive solicitation. The Department intends to provide the Submitter with the opportunity to discuss a potential solicitation. Subject to a satisfactory conclusion of this discussion, the Submitter will be waived from certain fees and requirements with respect to its response to a forthcoming competitive solicitation; or

(ii) the unsolicited proposal is not suitable to form the basis of a competitive solicitation. The Department does not intend to issue a competitive solicitation at this time. The Submitter will not be excluded from participating in any future solicitation, and the Department will not waive any fees or requirements in response to a future solicitation.

(6) The Department may, in its sole discretion, adopt or reject concepts contained within an unsolicited proposal.

(7) The Department may, in its sole discretion, make significant modifications to the concepts in an original or updated unsolicited proposal.

(8) The Department will notify the Submitter of the original or updated unsolicited proposal of the concepts it intends to adopt within a solicitation and will provide the Submitter with a reasonable opportunity to object to the way such concepts are incorporated and to suggest modifications to avoid disclosure of content that the Submitter considers proprietary, confidential, or trade secret.

History

KEY: transportation, highways, public-private partnerships, unsolicited proposals, sovereign lands, lakebed
Date of Last Change: October 10, 2022
Notice of Continuation: September 5, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 63G-6a-712

Utah Admin. Code R926-16-5 Solicitation of Competing Proposals

(1) The Department may, at any time, rather than rejecting the unsolicited proposal and terminating the process, elect to issue a request for competing proposals based on the unsolicited proposal, including modifications made consistent with Section R926-16-4. If the Department issues a request for competing proposals, the Submitter will be offered the opportunity to participate in the competition provided the Submitter agrees in writing to continue participating throughout the entirety of the competition process. The process for soliciting competing proposals and qualifications must meet the requirements of applicable Utah law.

(2) If the Department elects to move forward and issue a request for competing proposals, the Department will provide public notice of the proposed project according to Section R926-16-6.

History

KEY: transportation, highways, public-private partnerships, unsolicited proposals, sovereign lands, lakebed
Date of Last Change: October 10, 2022
Notice of Continuation: September 5, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 63G-6a-712

Utah Admin. Code R926-16-6 Public Notice

(1) Public notice regarding solicitations originating from Section R926-16-5 must be posted on the Department's website and must also be published following the requirements of Section 63G-6a-112.

(2) Notice of a solicitation will indicate where, when, and how to obtain the solicitation documents when responses are due and will generally describe the project scope or service desired and may contain other information such as the desired schedule or financial model.

(3) Where the executive director or a deputy director determines appropriate, the Department may require payment of a fee or a deposit for the supplying of the solicitation package.

(4) A copy of the solicitation documents will be made available for public inspection at the Department's primary offices in the Calvin Rampton Building.

History

KEY: transportation, highways, public-private partnerships, unsolicited proposals, sovereign lands, lakebed
Date of Last Change: October 10, 2022
Notice of Continuation: September 5, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 63G-6a-712

Utah Admin. Code R926-16-7 Fees Related to Unsolicited Proposals

(1) As authorized by Subsection 63G-6a-712(5), the Department will assess fees to cover the actual costs of processing, considering, and evaluating unsolicited proposals as follows:

(a) a fee for every unsolicited proposal the Department receives to perform the initial threshold review to determine if it may enter the Stage One -- Screening process, and to perform the Stage One -- Screening process.

(b) a fee for every unsolicited proposal that is subject to the Stage Two -- Detailed Evaluation.

(2)(a) The unsolicited proposal must be accompanied by a check, which must be a cashier's, certified, or official check drawn by a federally insured financial institution in the amount of $20,000. This fee will be refunded to the Submitter if the unsolicited proposal does not pass the initial threshold review.

(b) The Department will assess an additional fee for every unsolicited proposal that is subject to the Stage Two -- Detailed Evaluation. Fees must be paid by a cashier's, certified, or official check drawn by a federally insured financial institution in an initial amount of $20,000 plus .01% of the total estimated cost of design and construction of the project.

(c) The Department will provide the Submitter with periodic updates of expenses and will request additional funds to cover the actual costs of processing, considering, and evaluating the unsolicited proposal if additional funds are needed.

(d) Unused funds from the fee for Stage One -- Screening may be carried over and used for Stage Two -- Detailed Review if the Submitter advances to Stage Two -- Detailed Review. The fee associated with Stage Two - Detailed Review will be reduced by any amount carried over from Stage One -- Screening. Any unused funds at the conclusion of Stage Two -- Detailed Review will be refunded to the Submitter.

(e) The Submitter may elect to discontinue its pursuit of the unsolicited proposal at any time and avoid paying the additional funds. No refund will be issued for expenses already incurred.

(3) The executive director or a deputy director may waive or modify the fee structure for an unsolicited proposal, in whole or in part, if the executive director or a deputy director determines the Department's costs have been substantially covered by a portion of the fee or if it is otherwise determined a waiver or modification is reasonable and in the best interests of the state.

(4) When the Department solicits competing proposals, the Department may require each Proposer that submits a competing proposal to submit a fee with the competing proposal. The amount of the fee will be identified in the solicitation documents and will not exceed the amount of the fees for the original unsolicited proposal stated in Subsection R926-16-7(2).

(5) The Submitter that submitted the original unsolicited proposal triggering the solicitation will be exempt from this fee provided that, in the sole discretion of the Department, the requirements of the solicitation are sufficiently similar to the content of the original unsolicited proposal.

History

KEY: transportation, highways, public-private partnerships, unsolicited proposals, sovereign lands, lakebed
Date of Last Change: October 10, 2022
Notice of Continuation: September 5, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 63G-6a-712

Utah Admin. Code R926-16-8 Predevelopment Agreements

(1) An unsolicited proposal may be used to establish a predevelopment agreement that may become a TIPPP. The first phase of a predevelopment agreement will result in a determination of feasibility and ultimately result in a project development plan and financing plan.

(2) An unsolicited proposal for the first phase of a predevelopment agreement shall include applicable elements from Section R926-16-3 and the following:

(a) overall approach to the predevelopment agreement process and a demonstration of how the project can be effectively and efficiently developed, financed and completed;

(b) proposed initial scope of work to advance and define a feasible project that can be ultimately scoped, priced and financing secured;

(d) the payment structure, terms and conditions under which the Proposer will be compensated for undertaking the predevelopment agreement scope of work; and

(e) schedule and milestones applicable to the predevelopment agreement scope activities.

(3) The subsequent phase or phases may be for any of the remaining services necessary to deliver the proposed project and may include, design services, construction services, operation or maintenance services, traffic, ridership and revenue estimates, financing and toll or user fee collection services, or any other requirement the Department deems necessary. Each subsequent phase will commence after the preceding phase has been completed.

(4) Award of the first phase will be based on the Department's competitive solicitation in accordance with Section R926-16-5, subject to Section R926-16-7.

(5) The entity awarded the first phase may have the first opportunity to submit a proposal for the subsequent phase or phases, as set forth in the predevelopment agreement. The entity awarded the first phase must provide any supporting documentation used to determine the scope, schedule, and cost in its proposal for each subsequent phase to the Department for review, along with any other information and requirements set forth in the predevelopment agreement.

(6) The Department may accept or reject the proposal. If the Department rejects the proposal, the Department may provide a counteroffer or negotiate with the entity awarded the first or prior phase, or in lieu of providing a counteroffer or if the negotiations are unsuccessful, choose to solicit competitive proposals for the subsequent phase or phases.

History

KEY: transportation, highways, public-private partnerships, unsolicited proposals, sovereign lands, lakebed
Date of Last Change: October 10, 2022
Notice of Continuation: September 5, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 63G-6a-712

Utah Admin. Code R926-16-9 Rights Related to Proposals; Release of Rights and Indemnification

(1) A Submitter of an unsolicited proposal will not obtain any claim or have any right or expectation to use any route, corridor, rights of way, public property, or public facility by virtue of having submitted a proposal that proposes to use such route, corridor, rights of way, public property or public facility or otherwise, involves or affects such. By submitting an unsolicited proposal, a Submitter thereby waives and relinquishes any claim, right, or expectation to occupy, use, profit from, or otherwise exercise any prerogative with respect to any route, corridor, rights of way, public property or public facility identified in the proposal as being necessary for or part of the proposed project.

(2) By submitting such a proposal, a Submitter thereby waives and relinquishes any right, claim, copyright, proprietary interest or other right in any proposed location, site, route, corridor, rights of way, alignment, or transportation mode or configuration identified in the proposal as being involved in or related to the proposed project, and Submitter must include in the proposal an indemnity that holds the state harmless against any such claim made by any entity that is a member of the Submitter's proposal team, including their agents, employees, and assigns.

(3) The waiver and release of rights in this section do not apply to a Submitter's rights in any documents, designs and other information and records that are otherwise classified as protected records under Sections 63G-2-305 and 63G-2-309.

History

KEY: transportation, highways, public-private partnerships, unsolicited proposals, sovereign lands, lakebed
Date of Last Change: October 10, 2022
Notice of Continuation: September 5, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 63G-6a-712

Utah Admin. Code R926-16-10 Negotiating with Public Entities

So long as an active solicitation for a Transportation Infrastructure Public-private partnership agreement is pending, the Department will not separately negotiate with a public entity for the project that is the subject of that solicitation.

History

KEY: transportation, highways, public-private partnerships, unsolicited proposals, sovereign lands, lakebed
Date of Last Change: October 10, 2022
Notice of Continuation: September 5, 2023
Authorizing, and Implemented or Interpreted Law: 72-1-201; 63G-6a-712

R926-17 Road Usage Charge Program

Utah Admin. Code R926-17-1 Purpose and Authority

(1) This rule is to administer the State's Road Usage Charge Program.

(2) Section 72-1-213.1 grants the department authority to make this rule.

History

KEY: road usage charge (RUC), alternative fuel vehicles, RUC program
Date of Last Change: October 7, 2024
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-213.1

Utah Admin. Code R926-17-2 Definitions

(1) "Account manager" means an entity under contract with the department to operate and manage the road usage charge program on the department's behalf.

(2) "Alternative fuel vehicle" means the same as that term defined in Section 72-1-213.1.

(3) "Alternative fuel vehicle fee" means the additional registration fee applied to alternative fuel vehicles as described in Subsection 41-1a-1206(1)(h).

(4) "Department" means the Utah Department of Transportation.

(5) "DMV" means the Utah Division of Motor Vehicles.

(6) "Owner or lessee" means an owner or lessee of an alternative fuel vehicle.

(7) "Program" means the RUC program established and described in this section.

(8) "RUC" means "road usage charge."

(9) "RUC cap" means the road usage charge cap defined in Section 72-1-213.1.

(10) "RUC fee" means the accrued amount owed to an account manager. The RUC fee is calculated as the number of the number of miles for which a RUC participant shall be charged under the program parameters multiplied by the RUC rate.

(11) "RUC participant" means the owner or lessee of an alternative fuel vehicle that is enrolled in the program.

(12) "RUC rate" means the amount of money per mile driven that RUC participants are required to pay as described in Section 72-1-213.1.

(13) "Value-added services" means amenities that an account manager may offer a RUC participant, but which are ancillary to the core RUC purpose of collecting and reporting miles driven.

History

KEY: road usage charge (RUC), alternative fuel vehicles, RUC program
Date of Last Change: October 7, 2024
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-213.1

Utah Admin. Code R926-17-3 Enrollment, Voluntary Withdrawal, and Removal Processes and Terms

(1) The department shall coordinate with the DMV and the account manager to notify owners or lessees of alternative fuel vehicles that they are eligible to enroll in the program as an alternative to paying the alternative fuel vehicle fee.

(2) The department shall provide a means of directing owners or lessees who want to enroll in the program to an account manager.

(3) An owner or lessee who wants to enroll in the program shall submit the information the account manager requires, including any information necessary to verify whether the owner's or lessee's vehicle is eligible for the program.

(4) The account manager shall charge a RUC participant a prorated amount of the alternative fuel vehicle fee for each month that the RUC participant does not provide the required information to establish the initial odometer value for an enrolled vehicle.

(5) A RUC participant may withdraw a vehicle from the program at any time.

(6) Before withdrawing from the program, a RUC participant shall:

(a) notify the account manager that the RUC participant intends to withdraw from the program;

(b) pay any outstanding RUC fees and penalties;

(c) if withdrawing before completing the RUC participant's full registration cycle, pay the difference between the alternative vehicle fuel fee and any RUC fees paid during the registration cycle; and

(d) fulfill the terms provided in the RUC participant's user agreement, including returning electronic mileage collection devices to the account manager.

(7) A RUC participant who withdraws from the program shall revert to paying the alternative fuel vehicle fee to the DMV until the RUC participant enrolls in the RUC program again.

(8) Involuntary removal of a RUC participant from the program is addressed in Section R926-17-8.

History

KEY: road usage charge (RUC), alternative fuel vehicles, RUC program
Date of Last Change: October 7, 2024
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-213.1

Utah Admin. Code R926-17-4 RUC Participant Payment Methods, Periods, and Procedures

(1) Each RUC participant shall provide electronic payment information and set up a prepaid wallet at enrollment and shall maintain a minimum balance in the prepaid wallet as described in the user agreement between the account manager and the RUC participant.

(2) RUC participants may only make electronic payments.

(3) The account manager shall send each RUC participant a statement, at least quarterly, that includes miles driven, RUC fees accrued, and amount of money added to the wallet during the previous month.

(4) For a given registration cycle, the maximum amount the account manager may charge in RUC fees to a RUC participant for an enrolled vehicle is equal to the amount of the alternative fuel vehicle fee in effect for that registration cycle. The account manager shall cease accruing RUC fees against an enrolled vehicle once the cumulative amount accrued for the current registration cycle is equal to the alternative fuel vehicle fee applicable to that vehicle type. Fee accrual will resume at the beginning of the next registration cycle.

(5) Notwithstanding Subsection (4), the account manager may still assess penalties against a RUC participant for a violation of terms and conditions, if applicable, even after RUC fees charged are equal to the alternative fuel vehicle fee as described in Subsection (4).

History

KEY: road usage charge (RUC), alternative fuel vehicles, RUC program
Date of Last Change: October 7, 2024
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-213.1

Utah Admin. Code R926-17-5 Mileage Reporting Mechanism Standards

(1)(a) Subject to approval by the department, the account manager may offer various mechanisms for RUC participants to report mileage.

(b) Through the account manager contract terms, the department may require RUC participants to aggregate mileage and report mileage with a specified frequency.

History

KEY: road usage charge (RUC), alternative fuel vehicles, RUC program
Date of Last Change: October 7, 2024
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-213.1

Utah Admin. Code R926-17-6 Privacy and Data Sharing Processes and Procedures

(1) The department and account manager shall comply with the privacy requirements described in Sections 63G-2-305 and 77-23c-102.

(2) The account manager may not enter into a user agreement with a RUC participant unless the agreement complies with the requirements of Section R926-17-8.

(3)(a) Before collecting and storing RUC participant data, the account manager shall:

(i) notify the RUC participant regarding what data the account manager would like to collect and store;

(ii) notify the RUC participant regarding the terms and conditions related to the data collection and storage; and

(iii) receive explicit consent from the RUC participant to allow the account manager to collect and store the RUC participant's data.

(b) Before changing the terms and conditions related to the collection of a RUC participant's data, the account manager shall again notify and receive consent as provided in Subsection (2)(b).

(c) An account manager shall allow a RUC participant to view any data the account manager has on file that is associated with the respective RUC participant.

(4) A RUC participant's personal information is protected from public disclosure in accordance with the Government Records Access and Management Act (GRAMA).

(5) A RUC participant may dispute a RUC fee, including the amount of eligible program mileage.

History

KEY: road usage charge (RUC), alternative fuel vehicles, RUC program
Date of Last Change: October 7, 2024
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-213.1

Utah Admin. Code R926-17-7 Security Processes and Procedures

If the account manager is required to directly process the electronic payments, the account manager shall process card payment data and transactions following the Payment Card Industry Data Security Standard (PCI DSS), which applies to the electronic payment card industry as a whole. Automated clearing house payment data and transactions shall be processed according to the rules published by the National Automated Clearing House Association (NACHA), which apply to the electronic payment card industry as a whole.

History

KEY: road usage charge (RUC), alternative fuel vehicles, RUC program
Date of Last Change: October 7, 2024
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-213.1

Utah Admin. Code R926-17-8 User Agreements Between Account Managers and RUC Participants

(1)(a) The account manager may not enter into a user agreement with a RUC participant unless the department has approved the agreement, including approval of any amendments to a previously approved agreement.

(b) The department shall review proposed user agreements for compliance with this rule and state statutes related to the program.

(2) The account manager and the department shall ensure that the user agreement clearly explains data collection and retention and privacy protection components of the program.

(3) The user agreement shall include the following components:

(a) a description of the mechanisms a RUC participant may use to report mileage for the vehicle being enrolled;

(b) a description of the electronic payment mechanism chosen by the RUC participant;

(c) a form for the RUC participant to give consent to have a bank account or credit card debited when the wallet balance drops below a defined minimum threshold, and commitment to keep payment information current while enrolled in the program;

(d) refund procedures for when a positive wallet balance exists when a RUC participant exits the program;

(e) a process for notifying the account manager when a RUC participant would like to withdraw from the program after meeting the requirements described in Section R926-17-3;

(f) information about how data may be aggregated, anonymized, or shared;

(g) a process for RUC participants to view their collected data and lodge a dispute if they believe charges have accrued to their accounts erroneously; and

(h) a processes and consequences of withdrawal from the program both before and after full completion of the current annual registration cycle applicable to the enrolled vehicle, as detailed in Section R926-17-3.

(4) The user agreement shall explain penalties associated with violation of its terms including penalties for nonpayment of RUC fees, not providing the odometer in a timely manner, or intentional tampering with mileage reporting mechanisms.

(5) Failure to comply with user agreement terms may result in the following enforcement actions:

(a) an initial warning about the violation and steps for becoming compliant;

(b) an automatic adjustment to a RUC participant's eligible program mileage to account for the time period in which the odometer value was not provided by the RUC participant;

(d) billing of the RUC participant's electronic wallet for outstanding fees owed; and

(e) notification by the account manager to the DMV that a RUC participant has unpaid fees owed to the account manager, and subsequent placement of a registration hold by the DMV on the enrolled vehicle if the RUC participant's electronic payment information is invalid or does not have enough balance to successfully pay the total fees owed. RUC participants with registration holds assessed shall successfully settle their RUC account with the account manager before having the hold released by the DMV and being able to register the vehicle again.

History

KEY: road usage charge (RUC), alternative fuel vehicles, RUC program
Date of Last Change: October 7, 2024
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-213.1

Utah Admin. Code R926-17-9 Contractual Terms Between the Department and Account Managers

(1) The department shall provide account manager oversight through a contractual relationship governing what the account manager may do on behalf of the department.

(2) Each contract between the department and an account manager shall contain, at a minimum, guidelines for the following:

(a) RUC participant enrollment, withdrawal, and removal processes;

(b) structure and content of user agreements between account managers and RUC participants;

(d) payment collection, transaction processing, and revenue remittance protocols;

(e) privacy and security protection processes, including parameters for data collection, retention, destruction, anonymization, aggregation, and sharing;

(f) system testing and certification approach;

(g) customer service level expectations and performance standards;

(h) requirements for coordination and interfacing with the DMV;

(i) reporting of data collected through the program;

(j) audit procedures for verifying account manager performance in areas such as privacy protection, data destruction, data collection accuracy, and, if applicable, remittance of funds to the State; and

(k) remedies available to the department if an account manager fails to fulfill contractual terms.

History

KEY: road usage charge (RUC), alternative fuel vehicles, RUC program
Date of Last Change: October 7, 2024
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 72-1-213.1

R930 Preconstruction

R930-2 Public Hearings

Utah Admin. Code R930-2-1 Definitions

(1) "UDOT" means Utah Department of Transportation.

(2) "FHWA" means Federal Highway Administration.

History

KEY: government hearings, highway hearings, public hearings
Date of Last Change: 1993
Notice of Continuation: October 5, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R930-2-2 Coordination with Other Laws and Regulations

(1) In order to promote greater public involvement in the highway program the Utah Department of Transportation will conduct public hearings or afford opportunities for public hearings on highway projects in accordance with state and federal laws. Hearing procedures contained in 23 CFR 771, 40 CFR Parts 1500-1508 and 23 USC 128, Public Hearings are herewith incorporated by reference.

(2) The provisions of R930-2 may be waived by the Executive Director of the Utah Department of Transportation or, on Federal-aid projects, the Federal Highway Administrator if it is determined that the construction of a project is urgently needed because of a national emergency, a natural disaster or a catastrophic failure.

History

KEY: government hearings, highway hearings, public hearings
Date of Last Change: 1993
Notice of Continuation: October 5, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R930-2-3 When Hearings are Held or Opportunities Afforded

Public hearings will be held or an opportunity for public hearing afforded on all highway projects where the project is on new location; where the project would have a substantially different social, economic or environmental effect; or where the project would essentially change the layout or function of connecting roads or streets. Uniform public hearing procedures shall be established and practiced in such a manner to insure that:

(1) The public is given ample notification of each public hearing and such public hearing will be held at a time and place convenient to those concerned.

(2) All interested persons shall have an opportunity to become fully acquainted with highway proposals of concern to them and to express their views at those stages of development when flexibility to respond to those views still exists.

(3) The Utah Transportation Commission has an opportunity to consider the testimony or comments of any interested person or group having properly submitted such testimony or comments in accordance with published instructions.

History

KEY: government hearings, highway hearings, public hearings
Date of Last Change: 1993
Notice of Continuation: October 5, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R930-2-4 Types of Hearings

The Utah Department of Transportation will hold location hearings to discuss general location alternatives and environmental documents, if any; design hearings to discuss the design details of a proposal; or combined location and design hearings. The Utah Department of Transportation may afford an opportunity for such hearings to satisfy this rule.

History

KEY: government hearings, highway hearings, public hearings
Date of Last Change: 1993
Notice of Continuation: October 5, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R930-2-5 Notice - Project Public Hearings

On each public hearing, the UDOT Community Involvement Officer will arrange for at least two notices to be published in a daily newspaper with statewide circulation. The first notice shall be published at least two weeks prior to the public hearing. The second notice shall be published five to ten days prior to the public hearing. Additional notice may also be published in local weekly or shopper newspapers with circulation in the project area.

Notices shall contain the date, time and place of the public hearing in addition to identifying the proposed project or hearing subject in a clear and easily understood manner. Notices shall also contain information pertaining to the submission of testimony for those unable to attend the public hearing.

Affirmative consideration will be given to minorities in advertising all project public hearings, where appropriate.

History

KEY: government hearings, highway hearings, public hearings
Date of Last Change: 1993
Notice of Continuation: October 5, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R930-2-6 Hearing Conduct

All public hearings held pursuant to this section will be conducted by a member of the Utah Transportation Commission, his representative, normally the UDOT Community Involvement Officer, or by a local official. The hearing shall be conducted impartially.

History

KEY: government hearings, highway hearings, public hearings
Date of Last Change: 1993
Notice of Continuation: October 5, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R930-2-7 Notice - Opportunities for Public Hearings

When an Opportunity for Public Hearing is provided, the UDOT Community Involvement Officer will arrange for at least two notices to be published in newspaper(s) described in Section R930-2-5. The first notice shall provide at least fourteen days for a request for public hearing to be submitted. The second notice shall provide for at least seven days for a request for public hearing to be submitted. Notices shall identify the proposed project or subject in a clear and easily understood manner. Deadlines stated will be postmark deadlines.

Affirmative consideration will be given to minorities in advertising all project opportunities for public hearings, where appropriate.

History

KEY: government hearings, highway hearings, public hearings
Date of Last Change: 1993
Notice of Continuation: October 5, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R930-2-8 Requests for Project Public Hearings

When an opportunity for a public hearing is advertised, any person with a social, economic or environmental interest in the project may request in writing that a public hearing be held, provided the request is received by the UDOT Community Involvement Officer in accordance with the published instructions and before the published deadline. Requests shall describe the interest of the requesting party and what the requesting party hopes to discuss or examine at the public hearing.

When questions exist concerning a request for a public hearing, the UDOT Community Involvement Officer may contact the requesting party/parties to further determine their interest in the project. If, as a result of such contact it is determined that a public hearing is not necessary, or that the requesting party might better satisfy their needs in another way, the requesting party may withdraw their request. In the event of such a withdrawal the UDOT Community Involvement Officer may cancel the hearing or proceed with the hearing if in his/her judgment the goals of the Department would be better served or the requested hearing has already been publicized.

History

KEY: government hearings, highway hearings, public hearings
Date of Last Change: 1993
Notice of Continuation: October 5, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R930-2-9 Local Government Projects

Public Hearings conducted on local government projects must be held and conducted in accordance with R930-2.

History

KEY: government hearings, highway hearings, public hearings
Date of Last Change: 1993
Notice of Continuation: October 5, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R930-2-10 Official Public Hearing Formats

The Utah Department of Transportation may conduct public hearings using either of two formats. One is the formal meeting format public hearing where the public gathers as an audience and the meeting is conducted by a moderator. The other format is the open forum hearing where the public is allowed to review information in an open house type setting and provisions are made to record any testimony individuals wish to give. A combination Open Forum/Formal Meeting or Formal Meeting/Open Forum hearing may also be conducted.

History

KEY: government hearings, highway hearings, public hearings
Date of Last Change: 1993
Notice of Continuation: October 5, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R930-2-11 Transcript of Official Public Hearings

The Utah Department of Transportation will prepare and distribute a transcript of the public hearing for the consideration of the Utah Transportation Commission and other interested agencies. The transcript may include a map or drawing illustrating the proposed project, when available. When a formal hearing is held, a verbatim record of the hearing proceedings will be included. When an open forum hearing is held, a record of individual statements, if any, submitted by the attendees will be included. Also included will be petitions and written testimony pertaining to the proposed improvements submitted in accordance with the instructions published in the legal notice or submitted at the public hearing. Extensive petition signature pages or form letter mass mailings shall be preserved but need not become a part of the distributed transcript. Instructions will provide that written statements received from the time the hearing was first advertised to a postmark deadline at least ten days following the hearing will be included in the transcript. If the tenth day following the hearing falls on a Sunday or holiday an additional day shall be added.

The UDOT Community Involvement Officer may restrict written testimony to that which is 8-1/2 inches by 11 inches in size and can be reproduced on a standard photocopy machine.

History

KEY: government hearings, highway hearings, public hearings
Date of Last Change: 1993
Notice of Continuation: October 5, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201

Utah Admin. Code R930-2-12 Other Meetings and Activities

The Utah Department of Transportation may hold information meetings, supplemental public hearings or conduct additional community involvement activities other than those required above when the goals and objectives of this rule can be better fulfilled.

History

KEY: government hearings, highway hearings, public hearings
Date of Last Change: 1993
Notice of Continuation: October 5, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201

R930-3 Highway Noise Abatement

Utah Admin. Code R930-3-1 Purpose and Authority

The purpose of this rule is to allow UDOT to address highway noise impacts and to determine the conditions under which noise abatement may be approved. This rule is authorized by the grant of rulemaking authority found in Section 72-6-111. This rule is consistent with the Federal Highway Administration's Procedures for Abatement of Highway Traffic Noise and Construction Noise, 23 CFR 772 (April 1, 2011), which is hereby adopted and incorporated by reference.

History

KEY: transportation, barriers, traffic noise abatement, highways
Date of Last Change: October 10, 2017
Notice of Continuation: October 4, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-101; 72-6-111

Utah Admin. Code R930-3-2 Definitions

(1) "Existing Noise Level" means the noise level, Leq, resulting from the natural and mechanical sources and human activity, considered to be usually present in a particular area.

(2) "Design Noise Level" means the noise level, Leq, calculated for the worst traffic noise conditions likely to occur on a regular basis using a method approved by FHWA.

(3) "Type I Project" means a highway construction project that is related to an increase in traffic noise - construction of a highway on new location or the physical alteration of an existing highway which substantially changes the alignment or increases the number of through-traffic lanes or the addition of auxiliary lanes or interchange ramps.

(4) "Type II Project" means a proposed highway project strictly for noise abatement on an existing highway.

(5) "UDOT" means Utah Department of Transportation.

(6) "FHWA" means Federal Highway Administration.

(7) "dBA" means decibels of sound expressed or measured using the "A" weighting scale of a sound-pressure level meter.

(8) "Leq" means the equivalent (average) sound level reported in units of dBA.

(9) "AASHTO" means American Association of State Highway and Transportation Officials.

History

KEY: transportation, barriers, traffic noise abatement, highways
Date of Last Change: October 10, 2017
Notice of Continuation: October 4, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-101; 72-6-111

Utah Admin. Code R930-3-3 Applicability

(1) Type I Projects. Noise abatement shall be considered for Type I projects where noise impacts are identified. A new or proposed subdivision or other development must have a formal building permit before the issuance of the final environmental decision document to be considered for noise abatement.

(2) Type II Projects. UDOT does not provide a noise retrofit (Type II) program to construct noise abatement measures along existing state transportation facilities.

History

KEY: transportation, barriers, traffic noise abatement, highways
Date of Last Change: October 10, 2017
Notice of Continuation: October 4, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-101; 72-6-111

Utah Admin. Code R930-3-4 Noise Impact Determination

A traffic noise impact occurs, for purposes of this policy, when either of the following conditions exists at a sensitive land use:

(1) The design noise level is greater than or equal to the UDOT Noise Abatement Criterion (NAC) in Table 1 for each corresponding land use category; or

(2) The design noise level substantially exceeds (ten dBA or more) the existing noise level.

History

KEY: transportation, barriers, traffic noise abatement, highways
Date of Last Change: October 10, 2017
Notice of Continuation: October 4, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-101; 72-6-111

Utah Admin. Code R930-3-5 Noise Abatement Objective

When noise abatement measures are being considered, every reasonable effort shall be made to obtain substantial noise reductions consistent with Department procedures.

History

KEY: transportation, barriers, traffic noise abatement, highways
Date of Last Change: October 10, 2017
Notice of Continuation: October 4, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-101; 72-6-111

Utah Admin. Code R930-3-6 Noise Abatement Conditions

In order to be considered for noise abatement, all of the following conditions must be met:

(1) Noise abatement shall not be installed where it will create a hazard or violate design standards. Specifically, noise abatement walls shall not be added within the highway clear zone as defined in the AASHTO Roadside Design Guide;

(2) At least seven dBA of noise reduction must be achievable at 35% of front row receptors; and

(3) Noise abatement measures must be cost effective.

(a) For residential areas (Category B, Table 1), Cost effectiveness is based on the cost of abatement divided by the number of benefited receptors. Benefited receptors must be considered in determining a noise barrier's cost per receptor regardless of whether or not they were identified as impacted. A benefited receptor is any impacted or non-impacted receptor that gets a noise reduction of 5 dBA or more as a result of the noise barrier. The maximum cost used to determine reasonableness to provide noise abatement is listed in the Noise Abatement Procedures. This cost may be periodically reviewed by the Department for reasonableness and updated, as needed.

(b) For non-residential areas (Category A, C, D or E, Table 1): Cost effectiveness depends on the height of noise wall required and corresponding length of frontage. In any case, a reasonable cost for noise abatement will not exceed the cost effectiveness criteria listed in the Noise Abatement Procedures section of the UDOT Noise Policy.

History

KEY: transportation, barriers, traffic noise abatement, highways
Date of Last Change: October 10, 2017
Notice of Continuation: October 4, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-101; 72-6-111

Utah Admin. Code R930-3-7 Declaration of Intent

Environmental study documents will indicate those areas where noise impacts are projected and areas where abatement appears reasonable and feasible. A final decision on the installation of abatement measures will be made after completing final design and the balloting process.

History

KEY: transportation, barriers, traffic noise abatement, highways
Date of Last Change: October 10, 2017
Notice of Continuation: October 4, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-101; 72-6-111

Utah Admin. Code R930-3-8 Public Involvement

(1) As part of the final design phase of projects, the Department needs to establish whether property owners and residents are in favor of noise abatement measures. This process involves sending ballots to the following groups so they can indicate their preference for or against noise abatement measures:

(a) All benefited receptors (property owners and residents/renters). A benefited receptor is one that would receive a reduction of 5 dBA or more as a result of noise abatement; and

(b) Receptors that border or are directly adjacent to the end of a proposed noise wall that are not, by definition, benefited by the wall.

(2) The number of votes is established as follows:

(a) Owner occupied residences: The owner will have 1 vote.

(b) Rental homes, multi-family residences and apartments: The owner will have 1 vote per unit and the resident/renter will have 1 vote for the unit.

(c) Day care centers, hospitals, libraries, medical facilities, parks, picnic areas, places of worship, playgrounds, public meeting rooms, public or nonprofit institutional structures: The owner will have 1 vote.

(d) Commercial/industrial businesses: The owner will have 1 vote for the unit and, if applicable, the tenant will have 1 vote for the unit.

(e) Mobile home parks: The mobile home owner will have 1 vote. The lot owner, if different than the home owner, will have 1 vote.

(3) Properties owned by UDOT - It is the policy of UDOT to abstain from voting as a receptor and these votes will not be calculated in the denominator of total votes described in assessing ballots.

(4) Assessing ballots - When votes are counted, property owners' votes will receive a multiplier factor of 5 compared to residents (non-owners) factor of 1.

(a) Noise abatement will only be recommended if 75 percent of votes counted, favor noise abatement. The denominator used to calculate this percentage will equal the total number of votes. In addition, at least 75 percent of the total number of completed ballots must be returned to adequately assess if noise abatement measures are desired. If less than 75 percent of ballots are returned after balloting efforts are completed, then noise abatement measures will be deemed not reasonable.

(b) Ballots sent by mail are deemed by the Department as "due diligence" in notifying the affected property owners and residents/renters of possible noise mitigation measures in their area. Ballots will be sent by regular mail to each property owner of record and each residing household/resident. Each ballot will include a deadline for return to the Department. For ballots sent but not received by the deadline, a second ballot will be sent by Registered Mail to those who have not returned a ballot.

(c) If the voting process results in a decision not to construct noise abatement, the area will not be considered for noise abatement unless a future transportation project falls under the guidelines of a Type I Project.

History

KEY: transportation, barriers, traffic noise abatement, highways
Date of Last Change: October 10, 2017
Notice of Continuation: October 4, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-101; 72-6-111

Utah Admin. Code R930-3-9 Coordination with Local Officials

For Type I Projects, the Department will inform local officials of noise compatible planning concepts and an estimate of future noise levels on undeveloped lands or properties within the project limits.

History

KEY: transportation, barriers, traffic noise abatement, highways
Date of Last Change: October 10, 2017
Notice of Continuation: October 4, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-101; 72-6-111

Utah Admin. Code R930-3-10 Local Government Participation

In instances where noise abatement has already been deemed feasible and reasonable, a third party such as a local municipality, may contribute funds to make functional or aesthetic enhancements to a noise abatement feature.

History

KEY: transportation, barriers, traffic noise abatement, highways
Date of Last Change: October 10, 2017
Notice of Continuation: October 4, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-101; 72-6-111

Utah Admin. Code R930-3-11 Projects Funded From Other Sources

The Utah Code authorizes the Department to construct and maintain noise abatement measures along state highways in cases where the cost for the noise abatement is provided by citizens, adjacent property owners, developers, or local governments, and meeting other established criteria. These cases may be treated as a special application of Paragraph R930-3-10, in which the Department may design, build, and maintain the abatement measure, and the local government agency shall pay the Department for all preliminary engineering, construction, and maintenance costs.

History

KEY: transportation, barriers, traffic noise abatement, highways
Date of Last Change: October 10, 2017
Notice of Continuation: October 4, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-101; 72-6-111

Utah Admin. Code R930-3-12 Construction Off Right-of-Way

Normally, noise walls built pursuant to this rule will be constructed within Department right-of-way and owned and maintained by the Department. There are cases in which Department right-of-way is not the most prudent location for noise barriers, yet noise abatement is still feasible and reasonable if built on adjacent property or adjacent public right-of-way. In these cases:

(1) The Department's cost is limited to normal cost for abatement on Department right-of-way.

(2) In no case shall the Department construct a noise barrier unless the adjacent property owners allow access and easements as necessary in order to construct and maintain the barrier.

TABLE 1- UDOT Noise Abatement Criter ia (NAC)

(Hourly A- Weighted Sound Level d ecibels (dB(A)))

Activity UDOT Evaluation Activity

Category Criteria(1) Location Description

Leq (h)

A 56 Exterior Lands on which serenity and

quiet are of extraordinary significance and serve an

important public need and

where the preservation of

those qualities is essential

if the area is to continue to

serve its intended purpose.

B 66 Exterior Residential

C 66 Exterior Active sports areas,

amphitheaters, auditoriums,

campgrounds, cemeteries, day

care centers, hospitals,

libraries, medical facilities,

parks, picnic areas, places of

worship, playgrounds, public

meeting rooms, public or

nonprofit institutional

structures, radio studios,

recording studios, recreation

areas, Section 4(f) sites,

schools, television studios,

trails and trail crossings.

D 51 Interior Auditoriums, day care centers,

hospitals, libraries, medical

facilities, places of worship,

public meeting rooms, public

or nonprofit institutional

structures, radio studios,

recording studios, schools,

and television studios.

E 71 Exterior Hotels, motels, offices,

restaurants/bars, and other

developed lands, properties or

activities not included in A-D

or F.

F No Limit - Agriculture, airports, bus

yards, emergency services,

industrial, logging,

maintenance facilities,

manufacturing, mining, rail

yards, retail facilities,

shipyards, utilities (water

resources, water treatment,

electrical), and warehousing.

G No Limit - Undeveloped lands that are not

permitted.

(1) Hourly A-weighted sound level in d ecibels reflecting a

1 dBA "approach" value below 23 CFR 7 72 values.

History

KEY: transportation, barriers, traffic noise abatement, highways
Date of Last Change: October 10, 2017
Notice of Continuation: October 4, 2021
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-101; 72-6-111

R930-7 Utility Accommodation

Utah Admin. Code R930-7-1 Purpose

(1) The purpose of this rule is to:

(a) maximize public safety;

(b) provide for efficient and public transit facility highway operations and maintenance of roadways and right of ways:

(d) minimize future conflicts between the transportation system and utility companies serving the public; and

(e) ensure that use and occupancy by utility companies do not impair or increase the cost of department projects or interfere with any right of way reserved for these purposes.

(2) This rule prescribes conditions under which utility facilities may be accommodated within the right of way and sets forth the state's regulations covering the placement and relocation of utility facilities in conflict with the construction and maintenance of highways or public transit facilities. This rule applies to any and every facility, utility, or other structure located in the right of way not owned by the department or this state.

(3) This rule should be interpreted to achieve maximum lawful public use of the right of way for transportation purposes and to ensure that utility installations and operations affecting state right of way are accomplished in accordance with state and federal laws and regulations. It is in the public interest for utility facilities to be accommodated within rights of way when the accommodation does not adversely affect public safety, the integrity of highway and public transportation features, or occupy space within the right of way that conflicts with current or future transportation purposes or uses. The permitted use and occupancy of the right of way for non-transportation purposes, such as utilities, is subordinate to the primary and highest interest for transportation and safety of the traveling public. Utility facilities may be required to relocate outside of the right of way to accommodate UDOT's projects.

(4) This rule is provided to facilitate the establishment of consistent expectations and effective working relationships between UDOT and utility companies through continuous communication, coordination, and cooperation.

(5) Through the Code of Federal Regulations (23 CFR Section 645.215(a)), the U.S. Department of Transportation requires each state to submit a statement to the Federal Highway Administration (FHWA) on the authority of utility companies to use and occupy the right of way of state highways, the state highway agency's power to regulate the use, and the policies the state uses or proposes to use for accommodating utilities within the right of way of Federal-aid highways under its jurisdiction. This rule demonstrates compliance to FHWA.

History

KEY: right of way, utilities, utility accommodation
Date of Last Change: December 11, 2024
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-6-116(2)

Utah Admin. Code R930-7-2 Authority and Source Documents

This rule is enacted under the authority of Section 72-6-116, wherein UDOT is authorized and assigned responsibility to regulate and make rules for the installation, construction, maintenance, repair, renewal, system upgrade, and relocation of utility facilities within state-owned and administered rights of way, including ordering their relocation as may become necessary.

(1) The Utah Code provides for the accommodation of utility facilities within the right of way and provides UDOT authority to promulgate rules and regulations for administering those provisions. Accordingly, this rule has been developed pursuant to the following state and federal laws, codes, regulations, and policies:

(a) Section 54-3-29;

(b) American Association of State Highway and Transportation Officials (AASHTO) publications, A Guide for Accommodating Utilities within Highway Right of Way and A Policy on the Accommodation of Utilities within Freeway Right of Way (2005); and

(2) This rule incorporates by reference 23 CFR Section 645, Subpart B, (November 22, 2000).

(3) UDOT has secured authority from FHWA to issue permits for the use or occupancy of the right of way by utility facilities on Federal-aid highways. The use of Federal-aid highway right of way by utilities shall be in accordance with 23 CFR Section 645.215.

History

KEY: right of way, utilities, utility accommodation
Date of Last Change: December 11, 2024
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-6-116(2)

Utah Admin. Code R930-7-3 Definitions

As used in this Rule R930-7:

(1) "Abandoned facility" is a utility facility that is not in use, no longer actively providing a service, and is physically disconnected from the operating facility that is still in use and still actively providing a service. Abandoned facilities remain the property of the utility company.

(2) "Access control" is the regulation of public access to and from properties abutting the highway facilities. The two basic types of access control are:

(a) "No access (NA)" means access to through-traffic lanes is not allowed except at interchanges. Crossings at grade and direct driveway connections are prohibited.

(b) "Limited access (LA)" means access to selected public roads may be provided. There may be some crossings at grade and some private driveway connections.

(3) "Administrative citation" is a letter from UDOT to a utility company citing one or more non-compliance items and proper redress requirements such as action on the appropriate bond, revocation of the permit, and revocation of a SULA.

(4) "AASHTO" is the American Association of State Highway and Transportation Officials.

(5) "Backfill" means the replacement of soil removed during construction. It may also denote material placed over or around structures and utilities.

(6) "Bedding" means the composition and shaping of soil or other suitable material to support a pipe, conduit, casing, or utility tunnel.

(7) "Boring" means the operation by which carriers or casings are pushed or jacked under highways or public transit facilities without disturbing the highway structure or prism. Bores are carved progressively ahead of the leading edge of the advancing pipe as soil is mucked back through the pipe.

(8) "Buffer Zone" means the area composed of material such as sand, flowable fill, concrete surrounding a Utility facility where no compaction or encroachment is allowed.

(9) "Carrier" means a pipe directly enclosing a transmitted fluid (liquid, gas, or slurry).

(10) "Casing" is a larger pipe, conduit, or duct enclosing a carrier.

(11) "Clear Zone" means the total roadside border area, starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and a clear run-out area. The desired width is dependent upon traffic volumes, speeds, and roadside geometry.

(12) "Coating" is material applied to or wrapped around a pipe.

(13) "Conduit" is an enclosed tubular casing for the protection of wires and cables.

(14) "Department Project" shall have the same definition as in Section 72-6-116.

(15) "Depth of bury (cover)" means the depth from ground, sidewalk, or roadway surface to top of pipe, conduit, casing, cable, utility tunnel, or similar facility.

(16) "Deviation" means a granted permission to depart from the standards and requirements of this rule.

(17) "Emergency work" is utility company work required to prevent loss of life or significant damage to property.

(18) "Encasement" is a structural element surrounding a carrier or casing.

(19) "Encroachment" means entry within the right of way.

(20) "Encroachment permit" is a document that specifies the requirements and conditions for performing authorized work within the right of way.

(21) "Environmentally protected areas" are areas that include wetlands, flood plains, stream channels, rivers, threatened or endangered species, archaeological sites, and historic sites.

(22) "Expressway" is a divided arterial highway for through traffic with partial control of access and generally with grade separations at major intersections.

(23) "Federal-aid highways" are highways eligible to receive Federal-aid.

(24) "FHWA" is the Federal Highway Administration.

(25) "Flexible carrier pipe" is a plastic, fiberglass, or metallic pipe having a large diameter to wall thickness ratio and which can be deformed without undue stress.

(26) "Flowable fill" is low strength flowable concrete as defined in UDOT Standard Specification 03575.

(27) "Freeway" is an expressway with full control of access.

(28) "Frontage road" is a local street or road auxiliary to and located on the side of an arterial highway for service to abutting property and adjacent areas and for control of access.

(29) "Grade" is the rate or percent of change in slope, either ascending or descending, measured along the centerline of a roadway or access.

(30) "Grounded" means electrically connected to earth or to some extended conducting body that serves instead of the earth, whether the connection is intentional or accidental.

(31) "Grout" is a cement mortar or slurry of fine sand or clay.

(32) "Highway, street, or road" are general terms denoting a public way for the transportation of people, materials, and goods, but primarily for vehicular travel, including the entire area within the right of way.

(33) "Horizontal directional drilling" (HDD), also known as directional boring and directional drilling, is a method of installing underground pipes and conduits from the surface along a prescribed bore path. The process is used for installing telecommunications and power cable conduits, water lines, sewer lines, gas lines, oil lines, product pipelines, and casings used for environmental remediation. It is used for crossing waterways, roadways, congested areas, environmentally protected areas, and any area where other methods are not feasible.

(34) "Interstate highway system" (Interstate) is the Dwight D. Eisenhower National System of Interstate and Defense Highways as defined in the Federal-aid Highway Act of 1956 and any supplemental acts or amendments.

(35) "Manhole" or "utility access hole" is an opening in an underground system that workers or others may enter for making installations, removals, inspections, repairs, connections, and tests.

(36) "Median" is the portion of a divided highway separating the traveled ways for traffic in opposite directions.

(37) "MUTCD (Utah MUTCD)" means the version of Utah Manual on Uniform Traffic Control Devices referenced in Rule R920-1.

(38) "Pavement structure" is the combination of sub-base, base course, and surface course placed on a sub-grade to support the traffic load.

(39) "Permit" means encroachment permit.

(40) "Pipe" is a tubular product made as a production item for the transmission of liquid or gaseous substances. Cylinders formed from plate material in the fabrication of auxiliary equipment are not pipe as defined here.

(41) "Pipeline" is a continuous carrier used primarily for the transportation of liquids, gases, or solids from one point to another using either gravity or pressure flow.

(42) "Plowing" means the direct burial of utility lines by a mechanism that breaks the ground, places the utility line, and closes the break in the ground in a single operation.

(43) "Practicable" means reasonably capable of being accomplished or feasible as determined by UDOT.

(44) "Public transit facility" has the same definition as provided in Section 72-1-102.

(45) "Relocate" means the adjustment of utility facilities when found by UDOT to be necessary for construction or maintenance of a department project. It includes removing and reinstalling the facility, including necessary temporary facilities, acquiring the necessary right of way on the new location, moving, rearranging, or changing the type of existing facilities, and taking any necessary safety and protective measures. It also means constructing a replacement facility that is both functionally equivalent to the existing facility and necessary for the continuous operation of the utility service, the project economy, or the sequence of department project construction.

(46) "Right of way" has the same definition as provided in Section 72-1-102.

(47) "Roadside" is a general term denoting the area between the outer edge of the roadway shoulder and the right of way limits.

(48) "Roadway" is the portion of a highway, including shoulders, for vehicular use. A divided highway has two or more roadways.

(49) "Small Wireless Facility" means as defined in Section 54-21-101.

(50) "Slope" is the relative steepness of the terrain expressed as a ratio or percentage. Slopes may be categorized as positive or negative and as parallel or cross slopes in relation to the direction of traffic.

(51) "State Highways" are those highways designated as State Highways in Title 72, Chapter 4, Designation of State Highways.

(52) "Structure" means any device used to convey vehicles, pedestrians, animals, waterways, or other materials over highways, streams, canyons, or other obstacles. It also includes buildings, signs, and UDOT facilities with foundations.

(53) "Statewide Utility License Agreement" or "SULA" is a document by which UDOT licenses the use and occupancy, with conditions, of rights of way for utility facilities.

(54) "Subsurface Utility Engineering (SUE)" is the management of certain risks associated with utility mapping at appropriate quality levels, utility coordination, utility relocation, communication of utility data, utility relocation cost estimates, implementation of utility accommodation policies, and utility design. SUE tools include traditional records, site surveys, and new technologies such as surface geophysical methods and non-destructive vacuum excavation, to provide quality levels of information. The SUE process for collecting and depicting information on existing subsurface utility facilities is described in ASCE Standard 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data.

(55) "Trenched" means installed in a narrow open excavation.

(56) "Trenchless (Untrenched)" means installed without breaking the ground or pavement surface by a construction method such as directional drilling, boring, tunneling, jacking, or auguring.

(57) "UDOT" is the Utah Department of Transportation and where referenced to be contacted, submitted to, approved by, accepted by or otherwise engaged, means an authorized representative.

(58) "Utility" and "utility facility" are used interchangeably and have the same definition as "utility" as provided in Section 72-6-116.

(59) "Utility appurtenances" include to pedestals, manholes, vents, drains, rigid markers, meter pits, sprinkler pits, valve pits, and regulator pits.

(60) "Utility company" has the same definition as Section 72-6-116.

(61) "Vent" is an appurtenance designed to discharge gaseous contaminants from a casing.

History

KEY: right of way, utilities, utility accommodation
Date of Last Change: December 11, 2024
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-6-116(2)

Utah Admin. Code R930-7-4 Scope

(1) This rule supersedes portions of Manual of Accommodation of Utility Facilities and the Control and Protection of State Highway Rights of Way including Section 5 and portions relating to utility accommodation or that refer to utilities in the right of way or percent of reimbursement, which are part of Rule R930-6 at the time of enactment of this rule.

(2) Regulations, laws, or orders of public authority or industry code prescribing a higher degree of protection or construction than provided by this rule shall govern.

History

KEY: right of way, utilities, utility accommodation
Date of Last Change: December 11, 2024
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-6-116(2)

Utah Admin. Code R930-7-5 Application

(1) This Rule, R930-7, applies to all utilities, utility facilities, and other structures or things located, accommodated, adjusted, or relocated within, on, along, across, over, through, or under the right of way of a department project. This rule applies to underground, surface, or overhead facilities, either singularly or in combination, including bridge attachments. This rule does not apply to utility facilities that are required for department project purposes.

(2) This rule applies to all department projects including local government projects.

History

KEY: right of way, utilities, utility accommodation
Date of Last Change: December 11, 2024
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-6-116(2)

Utah Admin. Code R930-7-6 General Installation Requirements

(1) General.

(a) Utility companies within or desiring to use the right of way under the jurisdiction of UDOT for the installation or maintenance of any utility facility must be licensed to do so by entering into a Statewide Utility License Agreement (SULA) with

UDOT. This SULA sets forth the procedures and conditions for the issuance of encroachment permits for all installations statewide. Utility encroachment permits are not issued without an executed SULA. UDOT may impose additional restrictions or requirements for SULAs or utility encroachment permits.

(b) Utility companies desiring to use the right of way to install Small Wireless Facilities shall also enter into a Non- Exclusive Installation and Occupancy Agreement with UDOT before the issuance of a permit.

(c) A permitted facility shall, if necessary, be modified by the utility company to improve safety or facilitate alteration or maintenance of the right of way as determined by UDOT.

(2) SULA.

(a) Agreements are executed by UDOT and utility companies to set forth the terms and conditions for the accommodation and maintenance of utility facilities within the right of way. A SULA is required for but does not guarantee the approval of encroachment permits.

(b) Facilities that are not defined as a utility under Section 54-3-29 or facilities that only serve a business or individual are required to enter into a SULA with UDOT for crossings only and may not be installed longitudinally or attached to bridges. The business or individual with these types of facilities are still required to comply with the requirements of this rule.

(c) As part of executing a SULA with UDOT, owners of facilities located in the right of way are required to post a continuous bond in the amount of $100,000, naming UDOT as the insured, to guarantee satisfactory performance. The UDOT Statewide Utilities Manager may approve a lesser amount.

(d) Political Subdivisions are exempt from the bond requirements described in this section if the political subdivision:

(i) is a member of the Utah Local Governments Trust for commercial general liability insurance; or

(ii) is self-insured or carries liability insurance with minimum coverage of $1,000,000 per occurrence and as more specifically described in its SULA. This option requires prior UDOT approval.

(e) For small canal companies that cannot obtain the required bond, UDOT may allow the canal to carry liability insurance with minimum coverage of $1,000,000 per occurrence and as more specifically described in its SULA. This option requires prior UDOT approval.

(f) Upon discovery of utility-caused damage to the highway, a public transit facility, or to the right of way, UDOT may opt to exercise its bonding rights in recovering costs incurred to restore the highway, public transit facility, or right of way. The utility company is liable for all restoration costs incurred because of damages caused by its utility, and its liability is not limited to the amount of the bond.

(g) SULA may be terminated at any time by either party upon 30 days advance written notice to the other. Permits previously issued and approved under a terminated agreement are not affected and remain in effect on the same terms and conditions set forth in the agreement and permits. The obligation to maintain the $100,000 bond continues until the utility company's facilities are removed from UDOT's right of way.

(3) Emergency Work.

(a) In all emergency work situations, the utility company or its representative shall contact UDOT immediately and on the first business day shall contact UDOT to complete a formal permit. Failure to contact UDOT for an emergency work situation and obtain an encroachment permit within the stated time is a violation of the terms and conditions of the utility company's SULA. At the discretion of the utility company, emergency work may be performed by a bonded contractor, public agency, or a utility company. None of the provisions of this rule are waived for emergency work except for the requirement of a prior permit.

(4) One Call Requirements.

(a) Underground facilities are not permitted within the right of way unless the utility company subscribes to Blue Stakes of Utah and other appropriate "call-before-you-dig" systems, or otherwise provides utility plans as detailed in Subsection R930-7-11(6)(a) of this rule.

(5) Preservation of New Pavement.

(a) Cuts or open excavations on newly constructed, paved, or overlaid highways are not allowed for two years. If an emergency cut or excavation occurs, the responsible utility company shall comply with any special conditions imposed by UDOT regarding restoration of the roadway.

(6) Encroachment Permits.

(a) Encroachment Permits on State Highways.

Utility companies shall obtain an encroachment permit from UDOT for the installation and maintenance of utility facilities on the right of way pursuant to Section R930-6-4. Encroachment permits are approved or disapproved by UDOT. Applications for encroachment permits are submitted to the Region Permits Officers by the utility company or its contractor. No utility company or utility company contractor shall begin any utility work on the right of way until an approved encroachment permit is issued by UDOT and the utility company is authorized to proceed in writing. Prior to the issuance of encroachment permits, fees are assessed to cover related costs incurred by UDOT including costs for planning, coordination, and utility plan review.

If the utility company expects work to significantly impact travel lane capacity, UDOT recommends the utility company contact the appropriate Region Permit Office to discuss concepts in advance of submitting an encroachment permit application.

Utility companies shall electronically submit a detailed plan of work depicting the proposed installation. The plans shall be sized as required by UDOT and include utility company identification, work location, utility type, and size, type of construction, depth of bury, vertical and horizontal location of facilities relative to the centerline of the road, location of all appurtenances, trench details, right of way limits, and traffic control plans. Traffic control plans shall conform to the Utah MUTCD as outlined in Subsection R930-7-7(1)(d), are mandatory for each instance of utility construction or maintenance, and shall be attached to each permit application.

Utility companies may authorize their contractors to obtain permits on their behalf. All terms and conditions described in the SULA apply. The utility company's construction forces or the utility contractor shall always carry a copy of the approved permit while working on the right of way.

(b) Bonding and Liability Insurance Requirements.

(i) Individual (one-time use) Encroachment Permit Bonding Requirements. As authorized by Subsection 72-7- 102(3)(b)(i) this rule requires encroachment permit applicants to post a Performance and Warranty Bond, using UDOT's approved bond form, for three years from the date of the beginning of utility construction work or two years from the end of utility construction work, whichever provides the longer period of coverage. A separate Performance and Warranty Bond is required for each individual encroachment permit. Political subdivisions of the state are not required to post a bond unless the political subdivision fails to meet the terms and conditions of previous permits issued as determined by UDOT. The amount of the bond is determined by the UDOT Region Permits Officer based on the scope of work being performed but will not be less than $10,000. The UDOT Region Permits Officer may approve a lesser amount.

(ii) Statewide (multiple use) Encroachment Permit Bonding Option. In lieu of posting multiple individual one-time use bonds, encroachment permit applicants who routinely acquire encroachment permits may elect to post a statewide performance and warranty bond, using UDOT's approved bond form. A statewide bond satisfies bonding requirements for permitted utility construction work in all UDOT Regions. The bond amount is determined by UDOT but will not be less than $100,000. This statewide encroachment permit bond is in addition to the continuous bond for the SULA.

(iii) Inspection Bond. UDOT may require an additional inspection bond to ensure payment for UDOT field review and inspection costs before an encroachment permit is granted.

(iv) Proceeds Against the Bond. UDOT may proceed against the bond to recover all expenses incurred if payment is not received from the permit applicant within 45 calendar days of receiving an invoice. Upon discovery of utility-caused damage to the highway, a public transit facility, or to the right of way, UDOT may opt to exercise its bonding rights in recovering costs incurred to restore the highway, public transit facility, or right of way due to utility-caused damages. Failure by the utility company to maintain a valid bond in the amounts required shall be cause for denying the issuance of future permits and for the removal of the utility from the right of way.

(v) Liability Insurance Requirements. Permit applicants are also required to provide a certificate of liability insurance in the minimum amounts of $1,000,000 per occurrence and $3,000,000 in aggregate. Failure to meet this requirement will result in application denial. Liability insurance coverage is required throughout the life of the permit and cancellation will result in permit revocation.

(vi) Information about bond forms and liability insurance requirements are available on UDOT's website at: http://www.udot.utah.gov/go/encroachmentpermit

(c) Assignment of Permits. Permits may not be assigned without the prior written consent of UDOT. All assignees shall be required to execute a SULA.

(d) Indemnification. Permit holders performing utility work on the right of way shall always indemnify, defend and hold harmless UDOT, its employees, and this state from responsibility for any damage or liability arising from their construction, maintenance, repair, or any other related operation during the work or as a result of the work. Permit holders shall also be responsible for the completion, restoration, and maintenance of any excavation for three years following the completion of any work unless UDOT requires a longer period of indemnification due to specific or unique circumstances.

(e) Cancellation of Permits and Termination of SULA. The following situations will cause the cancellation of permits, termination of the SULA, or both:

(i) A utility company's failure to maintain a valid bond in the amount required;

(ii) A utility company's failure to comply with the terms and conditions of the SULA;

(iii) A utility company's failure to comply with the requirements of the encroachment permit; and

(iv) A utility company's failure to pay any sum of money for costs incurred by UDOT in association with plan review application, installation or construction review, permit fees, inspection, as-built plan submittals, reconstruction, repair, or maintenance of the utility facilities, or any other costs associated with the department's approved fee schedule.

When the permit is canceled, UDOT also may remove the facilities and restore the highway, public transit facility, and right of way at the sole expense of the utility company. Before any cancellation, UDOT shall notify the utility company in writing, setting forth the violations, and will provide the utility company with a reasonable time to correct the violations to the satisfaction of UDOT. UDOT may also not issue any further permits to utility companies that do not comply with this rule, permit requirements, or the SULA.

History

KEY: right of way, utilities, utility accommodation
Date of Last Change: December 11, 2024
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-6-116(2)

Utah Admin. Code R930-7-7 General Design Requirements

(1) General.

(a) Joint use of state right of way may impact both the department project and the utility. Each utility company requesting the use of a right of way for the accommodation of its facilities is responsible for the proper planning, engineering, design, construction, and maintenance of its facilities installed within the right of way. The utility company shall coordinate with UDOT and develop its projects to meet design standards and to optimize safety, cost-effectiveness, and efficiency of operations for both the utility company and the state. Utility companies are directed to the following AASHTO publications for assistance:

(i) Roadside Design Guide;

(ii) A Policy on Geometric Design of Highways and Streets;

(iii) A Guide for Accommodating Utilities within Highway Right of Way; and

(iv) A Policy on the Accommodation of Utilities within Freeway Right of Way.

(b) All elements of the utility facilities including materials used, installation methods, and locations shall be subject to review and approval by UDOT.

(c) Plans, Drawings, and Specifications. The utility company shall provide UDOT with comprehensive plans, drawings, and specifications as may be required for all proposed utility facilities within the right of way. Utility plan submittals shall contain physical features of the utility site including the following:

(i) highway route number;

(ii) highway milepost locations;

(iii) relevant public transit facilities;

(iv) map with route and site location;

(v) existing features such as manholes, structures, drainage facilities, other utilities, access-controlled and right of way lines, the center line of highway relative to the utility facility location, and relevant vertical information;

(vi) plan and drawing scales; and

(vii) legend including definition of symbols used.

The plans, drawings, and specifications shall also contain administrative information, identification and type of materials to be used, relevant information on adjacent land classification and ownership, related permits and approvals if required, and identification of the responsible Engineer of Record.

(d) Traffic Control Plans. The utility company shall provide traffic control plans (TCP) that conform to the current Utah MUTCD and UDOT Traffic Control Standards and Specifications.

(e) The utility company is responsible to ensure compliance with industry codes and standards, the conditions and special provisions specified in the permit, and applicable laws, rules, and regulations of this state and the Code of Federal Regulations.

(f) All utility facility installations located in, on, along, across, over, through, or under the surface of the right of way, including attachments to highway or public transit facility structures, are the responsibility of the utility company and, as a minimum, shall meet the following utility industry and governmental requirements.

(i) Electric power and telecommunications facilities shall conform to the applicable National Electric Safety Code.

(ii) Water, sewage, and other effluent lines shall conform to the requirements of the American Public Works Association or the American Water Works Association.

(iii) Pressure pipelines shall conform to the current applicable sections of the standard code of pressure piping of the American National Standards Institute, 49 CFR 192, 193 and 195, and applicable industry codes.

(iv) Liquid petroleum pipelines shall conform to the current applicable recommended practice of the American Petroleum Institute for pipeline crossings under railroads and highways.

(v) Any pipelines carrying hazardous materials shall conform to the rules and regulations of the U.S. Department of Transportation governing the transmission of the materials.

(vi) Telecommunications with longitudinal installations within Interstate, Freeway and other Access-Controlled Highway right of way shall conform to Rule R907-64.

(2) Subsurface Utility Engineering.

(a) The use of Subsurface Utility Engineering (SUE) shall be required as an integral part of the design for new utility facility installations on the right of way when determined by UDOT to be warranted.

History

KEY: right of way, utilities, utility accommodation
Date of Last Change: December 11, 2024
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-6-116(2)

Utah Admin. Code R930-7-8 Definitive Design Requirements

(1) Location Requirements.

(a) Longitudinal Installations. The type of utility construction, vertical clearances, lateral location of poles and down guys, and related ground-mounted utility facilities along roadways are factors of major importance in preserving a safe traffic environment, the appearance of the highway, and the efficiency and economy of department project construction and maintenance. Longitudinal utility facilities shall be located on a uniform alignment and as close to the right of way line as practicable. The joint use of pole lines is acceptable and encouraged; however, all installations shall be located so that all servicing may be performed with minimal traffic interference. The following additional requirements apply to longitudinal installations.

(i) Utility facilities shall be located to minimize the need for future utility relocations due to highway or public transit facility improvements, avoid risks to the highway or public transit facility, and not adversely impact environmentally protected areas.

(ii) The location of utility installations along urban streets with closely abutting structures such as buildings and signs generally requires special considerations. These considerations shall be resolved in a manner consistent with the prevailing limitations and as approved by UDOT.

(iii) The location of utility facilities and associated appurtenances shall be in accordance with the Americans with Disabilities Act.

(iv) The horizontal location of utility facilities and appurtenances within the right of way shall conform to the AASHTO Roadside Design Guide.

(v) Adequate warning devices, barricades, and protective devices must be used to prevent traffic hazards. Where circumstances require the excavation closer to the edge of pavement than established above, concrete barriers or other UDOT- approved devices shall be installed for the protection of traffic in accordance with UDOT Traffic Control Standards and UDOT's Supplemental Drawings.

(vi) There are greater restrictions on the accommodation of utility facilities within interstate, freeway, and other access-controlled highway right of way. See Section R930-7-10 for details.

(b) Overhead Installations.

(i) Minimal vertical clearances for installed overhead lines are 18 feet for crossings and longitudinal installations, and 23 feet for intersections. In addition, the vertical clearance for overhead lines above the highway and the vertical and lateral clearance from bridges and above-ground UDOT facilities shall meet or exceed the current edition of the National Electrical Safety Code. Where overhead lines cross UDOT above-ground facilities, including signs, traffic signal heads, poles, and mast arms, vertical and lateral clearance shall meet OSHA working clearances for electrical lines in effect at the time of the installation which will accommodate maintenance work by UDOT personnel without having to discharge or shield the lines.

(ii) Utility companies planning to attach cable to other utility company poles shall obtain approval from the owner of the poles prior to a permit being issued by UDOT.

(iii) The utility facility shall conform to the current edition of the AASHTO Roadside Design Guide. Where there are existing curbed sections, utility facilities shall be located as far as practicable behind the face of curbs and, where feasible, behind sidewalks at locations that will not interfere with adjacent property use. In all cases, there shall be a minimum of two feet of clearance behind the face of the curb. All cases shall be resolved in a manner consistent with prevailing limitations and conditions.

(iv) Before locating a utility facility at other than the right of way line, consideration shall be given to designs using self-supporting, armless single pole construction, with vertical alignment of wires or cables, or other techniques permitted by government or industry codes that provide a safe traffic environment. Deviations from required clearances may be made where poles and guys can be shielded by existing traffic barriers or placed in areas that are inaccessible to vehicular traffic.

(v) Where irregular shaped portions of the right of way extend beyond or do not reach the normal right of way limits, variances in the location of utility facilities may be allowed to maintain a reasonably uniform alignment and thereby reduce the need for guys and anchors between poles and roadway.

(i) Underground utility may be placed longitudinally outside of the pavement by plowing or open trench method. Underground utility shall be located on a uniform alignment and as near as practicable to the right of way line to provide a safe environment for traffic operations, preserve the integrity of the highway, and preserve space for future highway improvements or other utility facility installations. The allowable distance from the right of way line will generally depend upon the terrain and obstructions such as trees and other existing underground and overhead objects. On highways with frontage roads, longitudinal installations shall be located between the frontage roads and the right of way lines. Utility companies shall include the placement of markers referenced in Subsection R930-7-11(5).

(ii) Unless UDOT grants a deviation, underground utility installations across existing roadways shall be performed by trenchless method in accordance with UDOT requirements and casings may be required. Bore pits shall be located outside of the clear zone and at least 30 feet from the edge of the nearest through traffic lane and at least 20 feet from the edge of pavement on ramps. On low traffic roadways and frontage roads, as determined by UDOT, bore pits shall be at least ten feet from the edge of pavement, five feet beyond toe of slope under fill sections and at least five feet from the face of curb and meet clear zone requirements from the edge of the traveled way whichever is greater. Bore pits shall be located and constructed to eliminate interference with highway structural footings. Shoring shall be used where necessary.

TABLE 1

Bore Pit Location

Bore Pit Set Back

At least ten feet from the edge of the pavement, five feet beyond the toe of slop underfill sections, and at least five feet from the face of the curb

Outside Clear Zone

At least 30 feet from the edge of the nearest through traffic lane and at least 20 feet from the edge of pavement on ramps

(iii) The depth of bury for all facilities under pavement, sidewalk, drainage features or existing ground surface shall meet the minimum requirements outlined in Table 2 or the Company shall install its facilities to the depth requirement stated in each individual permit.

(iv) Each underground utilities installed in the right of way must meet the minimum standards for compaction as outlined in the current edition of the UDOT Standards and Specifications for Road and Bridge Construction.

(v) Where the minimum depth of bury is not feasible, the facility shall be rerouted or, if permitted by UDOT through the deviation process outlined in Section R930-7-13, shall be protected with a casing, encasement, concrete slab, or other suitable protective measures.

TABLE 2

MINIMUM DEPTH OF BURY (Cover) For Underground Utility Facilities

Location

Under Pavement

Under Sidewalk

Under Ditch

Utility Location Less Than 20 ft. From Edge

Utility Location Greater Than 20 ft. From Edge of Pavement

Minimum Depth

4 ft.

3 ft.

5 ft.

3 ft.

Measure From

Top of Pavement

Top of Sidewalk

Low Point of Ditch

Ground Surface

Measured Top of Utility Facility or Utility Buffer Zone, if required To by Utility Company

Applies to longitudinal and crossing installations, cased and uncased. Specific types of facilities such as high-pressure gas lines may require additional cover.

(d) Crossings.

(i) Utility crossings shall be at 90 degrees unless a deviation from this rule is approved by UDOT through the deviation process outlined in Section R930-7-13. Crossing installations under paved surfaces shall be by trenchless methods. Jetting by means of water or compressed air is not permitted.

(ii) Utility crossings shall be avoided in deep roadway cuts, near bridge footings, near retaining and noise walls, at highway cross drains where flow of water may be obstructed, in wet or rocky terrain where it is difficult to attain minimum cover, and through slopes under structures.

(e) Median Installations.

(i) Overhead utility facilities such as poles, guys, or other related facilities may not be located in highway medians. Deviations may be considered for crossings where wide medians provide for sufficient space to meet clear zone requirements from the edges of the traveled ways.

(f) Appurtenances.

(i) Utility appurtenances shall be located outside the clear zone and as close to the right of way line as practicable. Where these requirements cannot be met, and no feasible alternative exists, a deviation to locate appurtenances within the clear zone in areas that are shielded by traffic barriers may be considered after the utility company provides written justification for such location for UDOT review through the deviation process outlined in Section R930-7-13. Cabinets, regulator stations, and other similar utility components may not be located on the right of way unless they are determined by UDOT to be sufficiently small to allow a deviation.

(ii) Manholes, valve pits, and similar appurtenances shall be installed so that their uppermost surfaces are flush with the adjacent undisturbed surface.

(iii) Utility access points and valve covers shall be located outside the roadway where practicable. In urbanized areas where no feasible alternative exists, the utility company must coordinate with UDOT to meet safety, operational, and maintenance requirements of both the utility company and UDOT.

(iv) Utility companies shall avoid placing manholes in the pavement of high speed and high-volume highways. Deviations may be considered after written justification for such location is submitted by the utility company and reviewed and approved by UDOT through the deviation process outline in Section R930-7-13. New manhole installations shall be avoided at highway intersections and within the wheel path of traffic lanes.

(v) Vents, drains, markers, utility access holes, shafts, shut-offs, cross-connect boxes, pedestals, pad-mounted devices, and similar appurtenances shall be located along or across highway rights of way in accordance with the provisions of the Americans With Disabilities Act.

(2) Environmental Compliance.

(a) The utility company shall comply with all applicable state and federal environmental laws and regulations and shall obtain necessary permits. Environmental requirements include the following:

(i) Water Quality. A "Storm Water General Permit for Construction Activities" is required from the Utah Division of Water Quality for disturbances of one or more acres of ground surface.

(ii) Wetlands and Other Waters of the U.S. A "Section 404 Permit" is required from the U.S. Army Corps of Engineers for any impact to a wetland or water of the U.S.

(iii) Threatened or Endangered (T and E) Species. Comply with the Endangered Species Act; avoid impacts to T and E species or obtain a Permit from the U. S. Fish and Wildlife Service.

(iv) Historic and Archaeological Resources. Comply with the "National Historic Preservation Act"; avoid impacts to historic and archaeological resources. If resources could be impacted, contact the Utah State Historic Preservation Office.

(b) The utility company is responsible for environmental impacts and violations resulting from construction activities performed by the utility company or its contractors.

(c) If UDOT discovers or is made aware of a violation by the utility company or a failure to comply with state and federal environmental laws, regulations and permits, UDOT may revoke the permit, notify appropriate agencies, or both.

(3) Installation of Utilities in Scenic Areas.

(a) The type, size, design, and construction of utility facilities in areas of natural beauty may not materially alter the scenic quality, appearance, and views from the highway or roadsides. These areas include scenic strips, overlooks, rest areas, recreation areas, adjacent rights of way and highways passing through public parks, recreation areas, wildlife and waterfowl refuges, and historic sites. Utility installations in these areas may not be permitted. Deviation from this requirement may be allowed if there is no reasonable or feasible alternative as determined by UDOT based on written justification submitted by the utility company through the deviation process outlined in Section R930-7-13. On Federal-aid highways, all decisions related to utility installations within these areas shall be subject to the provisions detailed in 23 CFR Section 645.209(h).

(i) New underground utility installations may be permitted within scenic strips, overlooks, scenic areas, or in the adjacent rights of way, when they do not require extensive removal, or alteration of trees, and other shrubbery visible to the highway user, or do not impair the scenic appearance of the area.

(ii) New overhead installations of telecommunication and electric power lines are not permitted in such locations unless there is no feasible and reasonable alternative as determined by UDOT through the deviation process outlined in Section R930-7-13. Overhead installations shall be justified to UDOT by demonstrating that other locations are not available and that underground facilities are not technically feasible, economical or are more detrimental to the scenic appearance of the area.

Any installation of overhead facilities shall be made at a location and in a manner that will not detract from the scenic quality of the area being traversed. The installation shall utilize a suitable design and use materials aesthetically compatible to the scenic area, as approved by UDOT.

(4) Casing and Encasement Requirements.

(a) General. A carrier pipe is sometimes installed inside of a larger diameter pipe defined as a casing. Casings are typically used to provide complete independence of the carrier pipe from the surrounding roadway structure, and to provide adequate protection to the roadway from leakage of a carrier pipeline. It also provides a means for insertion and replacement of carriers without access or disturbance to through-traffic roadways.

(b) Casing requirements for crossing installations.

(i) All pipelines under pressure crossing under the roadbed of highways shall be in casings unless the pipeline is welded steel, meets industry corrosion protection standards, complies with federal and state requirements, and meets accepted industry standards regarding wall thickness and operating stress levels. In some cases, UDOT may require a casing regardless of these exceptions if needed to protect the roadway, maintain public safety, or both.

(ii) In urban areas where space is limited for venting or where small pipelines are crossing, specifically intermediate high-pressure lines, deviations for casing may be granted by UDOT.

(iii) Where a casing is required, it must be provided under medians, from top of back-slope to top of back-slope for cut sections, five feet beyond toe of slope under fill sections, five feet beyond face of curb in urban sections and all side streets, and five feet beyond any structure where the line passes under or through the structure. Deviations, outlined in Section R930-7-13, must be approved by UDOT. On freeways, expressways, and other access-controlled highways, casings shall extend to the access control lines.

(iv) Utility installations by trenchless technologies, such as jacking, boring, or horizontal directional drilling methods, may be placed under highways without a casing pipe if approved by a UDOT through the deviation process outlined in Section R930-7-13.

(v) Where minimum depth of bury is not feasible, the facility shall be rerouted or protected with a casing, concrete slab, or other suitable measures as determined by UDOT through the deviation process outlined in Section R930-7-13.

(i) as an expedient method for the insertion, removal, replacement, or maintenance of carrier pipe crossings of freeways, expressways, and other access-controlled highways, and at other locations where it is necessary to avoid open-trenched construction;

(ii) as protection for carrier pipe from external loads or shock either during or after construction of the highway; and

(iii) as a means of conveying leaking fluids or gases away from the area directly beneath the roadway to a point of venting at or near the right of way line, or to a point of drainage in the highway ditch or a natural drainage way.

(d) UDOT may require casings for pressurized carriers or carriers of a flammable, corrosive, expansive, energized, or unstable material.

(e) Trenchless installations of coated carrier pipes shall be cased. Permission to deviate from this requirement may be granted where assurance is provided against damage to the protective coating.

(f) Encasement or other suitable protections shall be considered for pipelines with less than minimum cover, such as those near bridge footings or other highway structures, or across unstable or subsiding ground, or near other locations where hazardous conditions may exist.

(g) Rigid encasement or suitable bridging shall be used where the support of pavement structure may be impaired by depression of flexible carrier pipe. Casings shall be designed to support the load of the highway and superimposed loads thereon and, as a minimum, shall be equal to or exceed the structural requirements of UDOT highway culverts in the UDOT Structures Design and Detailing Manual (SDDM).

(h) Casings shall be sealed at the ends using suitable material to prevent water and debris from entering the annular space between the casing and the carrier. Such installations shall include necessary appurtenances, such as vents and markers.

(5) Mechanical and Other Protective Measures for Uncased Installation.

(a) When highway pipeline crossings are installed without casings or encasement, the following are controls for providing mechanical or other protection.

(i) The carrier pipe shall conform to utility material and design requirements and utility industry and government codes and standards. The carrier pipe shall be designed to support the load of the highway plus superimposed loads operating under all ranges of pressure from maximum internal to zero pressure. Such installations shall use a higher factor of safety in the design, construction, and testing than would normally be required for cased construction.

(ii) Suitable bridging, concrete slabs, or other appropriate measures shall be used to protect existing uncased pipelines which may be vulnerable to damage from construction or maintenance operations. Construction or maintenance activities may not proceed until protective measures are approved by UDOT.

(b) Uncased crossings of welded steel pipelines carrying flammable, corrosive, expansive, energized, or unstable materials may be permitted if additional protective measures are taken in lieu of encasement. Such measures shall use a higher factor of safety in the design, construction, and testing of the uncased carrier pipe, including thicker wall pipe, radiograph testing of welds, hydrostatic testing, coating and wrapping, and cathodic protection.

History

KEY: right of way, utilities, utility accommodation
Date of Last Change: December 11, 2024
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-6-116(2)

Utah Admin. Code R930-7-9 Utilities on Highway Structures

(1) General.

(a) The installation of utility facilities on highway structures can adversely impact the integrity and capacity of the structure, the safe operation of traffic, maintenance efficiency, complexity to perform needed structure rehabilitation or replacement of the structure, and the aesthetic appeal of the structure. Utility facilities may not be installed on highway structures except in extreme cases. When installation of utilities at an alternate location exceeds the cost of attaching to the structure by four times, UDOT will consider such an installation as described in paragraph (2) of this subsection.

(b) Installing utility facilities within 50 feet of structures may impact the design, installation, operation, maintenance and safety of the structures, and the utility facilities. Utility companies shall address potential impacts when projects are proposed to ensure compatibility between utility facilities and UDOT structures and to assure all relevant utility industry codes and UDOT structural requirements are adequately addressed.

(2) Installation on Highway Structures.

(a) The utility company shall submit documentation requesting installation on a highway structure to UDOT through UDOT's permitting system for review and possible approval.

(b) Attachment of a utility facility will only be considered if the structure is adequate to support the additional load and can accommodate the utility without compromising highway features. This adequacy must be verified by a load rating completed by the utility company in accordance with the current versions of the UDOT Structures Design and Detailing Manual and UDOT Bridge Management Manual including calculations.

(c) If UDOT allows a utility installation on a highway structure, it shall be at a location and of a design approved by UDOT. In addition, the utility installation on a highway structure shall be subject to the following requirements:

(i) Due to variations in highway structure designs, site-specific conditions, and other considerations, there is no standardized method by which utilities are installed on structures. Therefore, each proposed installation shall be considered on its individual merits and shall be individually designed for the specific structure.

(ii) Where installations of pipelines carrying hazardous materials are allowed, the pipeline shall be cased. The casing shall be open or vented at each end to prevent possible build-up of pressure and to detect leakage. Where located near streams, casings shall be designed and installed so that leakage does not compromise the stream. If a deviation from this Rule, R930-7, is allowed for no casing, additional protective measures shall be used including higher standards for design, safety, construction and testing of the pipeline than would normally be required for cased construction.

(iii) All pipeline installations carrying gas or liquid under pressure which by their nature may cause damage or injury if leaked, shall be installed with emergency shutoff valves. Such valves shall be placed within an effective distance on each side of the structure, as approved by UDOT, and shall be automatic if required by UDOT.

(iv) Utility installations on highway structures may not reduce vertical clearances above rivers, streams, roadway surfaces or rails. Installations should be designed to occupy a position beneath the deck in an interior bay of a girder or beam, or within a cell of a box girder bridge. Installations shall always be above the bottom of girders on a girder bridge or above the bottom of the bottom cord of a truss bridge. Utility installations outside of a bridge structure are unsightly and susceptible to damage and will only be approved by UDOT if there is no reasonable alternative.

(v) All utility facilities installed on highway structures shall be constructed of durable materials, designed with a long- life expectancy, and must be installed in a manner that will minimize routine servicing and maintenance.

(vi) Utility facility mountings shall be of sufficient strength to carry the weight of the utility and shall be of a design and type that will not rattle or loosen due to vibrations caused by vehicular traffic. Acceptable utility installation methods are hangers or roller assemblies suspended either from inserts from the underside of the bridge floor or from hanger rods clamped to the flange of a superstructure member. Bolting through the bridge floor is not permitted. Where there are transverse floor beams sufficiently removed from the underside of the deck, the utility placement shall allow adequate clearance to enable full inspection of both the deck and the utility line. UDOT may consider a proposal to support the utility line on top of the floor beams.

(vii) Telecommunication and electric power line installations shall be suitably insulated, grounded, and preferably carried in protective conduit or pipe from the point of exit from the ground to re-entry. Cable shall be carried to a manhole located beyond the back-wall of the structure. Access manholes are not allowed in a bridge deck.

(viii) Utility installations shall provide for lineal expansion and contraction due to temperature variations in conjunction with bridge movement.

(ix) All utility facility clearances from structure members must conform to all governing codes and may not render any portion of the structure inaccessible for maintenance purposes.

(x) The utility company shall be responsible for the restoration or repair of any portion of a structure or highway damaged by utility facility installation, maintenance, or use.

(xi) The expansion of an existing utility facility carried by an existing structure may be permitted if the expansion does not adversely impact the performance and load-carrying capacity of the structure and otherwise complies with this rule.

(xii) All components of the utility attachment shall be protected from corrosion. Steel components shall be stainless, galvanized or painted in accordance with the current UDOT Standard Specifications for Highway and Bridge Construction.

(3) Utility Company Responsibilities.

(a) It is the responsibility of the utility company to obtain approval from UDOT for a highway structure installation. The utility company shall know UDOT's requirements before initiating the design for installation. A Utah registered Professional or Structural Engineer shall be responsible for the design if the installation is allowed. The utility company must prepare and submit complete design documents showing all details of the proposed highway structure installation. These documents shall include plans, calculations, updated load rating with a Virtis load rating model, the permit application, and any other necessary information. The utility company shall be responsible for protecting, maintaining or relocating its utility installation, including the arrangement of service interruptions, to accommodate future UDOT structure work.

(b) All materials incorporated in the design must be certifiable for quality and strength and full specifications must be provided in support of the design.

(c) Adequate written justification must support the need for installing the utility facility on the structure and demonstrate that there is no viable cost-effective alternative.

(d) Design documents are required to meet the requirements of the current versions of the AASHTO LRFD Bridge Design Specifications and UDOT Structures Design and Detailing Manual.

History

KEY: right of way, utilities, utility accommodation
Date of Last Change: December 11, 2024
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-6-116(2)

Utah Admin. Code R930-7-10 Utilities Within Interstate, Freeway, and Access-Controlled Right of Way

(1) General Provisions. There are two basic types of access control.

No Access - provides access only at interchanges. Crossings at grade and direct driveway connections are prohibited. Access is controlled by fencing. This is typical of interstates and freeways.

Limited Access - provides access to selected roads. There may be some crossings at grade and some private driveway connections. This is typical of expressways and certain other highways.

(2) Factors UDOT may consider for allowing Utility accommodation within an access-controlled right of way include the distance between distribution points, terrain, cost, and prior existence.

(3) Longitudinal telecommunication installations may be allowed under Rule R907-64 and Section 72-7-108.

(4) Pursuant to FHWA regulations, UDOT may allow longitudinal accommodation of utility facilities but with greater restrictions within no access and limited access highway right of way as follows:

(a) Longitudinal installations within no access highway right of way are not permitted except in cases where no other feasible location exists and under strictly controlled circumstances. FHWA approval is required for installations on interstate roadways. Longitudinal telecommunication facilities are allowed pursuant to Section 72-7-108.

(b) Longitudinal installations within limited access highway right of way are generally not permitted.

(5) Utility facilities may cross no access and limited access highway right of way but with additional requirements as noted in Subsection R930-7-10(7).

(6) Longitudinal Utility Facilities.

(a) In addition to the requirements in Subsection R930-7-8(1)(a), the following requirements apply:

(i) Service connections are not permitted within no access highway right of way. Service connections are not permitted within limited access highway right of way unless no reasonable alternative exists as demonstrated by the utility company and as reviewed and approved by UDOT through the deviation process outlined in Section R930-7-13.

(ii) Service, maintenance, and operation of utilities installed along and within no access highway right of way may not be conducted from the through-traffic roadways or ramps. All maintenance activities must be accessed from a point approved by UDOT and FHWA.

(iii) An existing utility facility within the right of way acquired for an interstate, freeway, or access-controlled highway project may remain if it remains outside of the pavement section and within five feet of the outer right of way limits, can be serviced, maintained, and operated without access from the through-traffic roadways or ramps, and it does not adversely affect the safety, design, construction, operation, maintenance, or stability of the interstate, freeway, or access-controlled highway. Otherwise, it shall be relocated.

(iv) Where approval for installation is permitted, utility installations and related components shall be buried parallel to the interstate, freeway, or access-controlled highway and shall be located within five feet of the outermost right of way limits. Utility appurtenances shall be located as close as possible to the right of way line.

(v) An existing utility carried on an interstate, freeway, or access-controlled highway structure crossing a major valley or river may be permitted by UDOT to continue to be carried at the time the route is improved if the utility facility is serviced without interference to the traveling public.

(7) Utility Crossings.

(a) In addition to the requirements in Subsection R930-7-8(1)(d), the following requirements apply.

(i) A utility following a crossroad or street that is carried over or under an interstate, freeway, or access-controlled highway must cross the interstate, freeway, or access-controlled highway at the location of the crossroad or street in such a manner that the utility can be serviced without access from the through-traffic roadways or ramps.

(ii) Overhead utility lines crossing an interstate, freeway, or access-controlled highway shall be adjusted so that supporting structures are located outside access control lines. In no case shall the supporting poles be placed within the clear zone. Where required for support, intermediate supporting poles may be placed in medians of sufficient travelled width that provide the clear zone from the edges of both ways. If additional lanes are planned, the clear zone shall be determined from the ultimate edges of the traveled way. When right of way lines and access control lines are not the same, such as when frontage roads are provided, supporting poles may be in the area between them.

(iii) At interchange areas, supports for overhead utility facilities will be permitted only if located beyond the clear zone of traffic lanes or ramps, sight distance is not impaired, and can be safely accessed.

(iv) Manholes and other points of access to underground utilities may be permitted within the right of way of an interstate, freeway, or access-controlled highway if they can be serviced or maintained without access from the through-traffic roadways or ramps. When right of way lines and access control lines are not the same, such as when frontage roads are provided, manholes and other points of access may be in the area between them.

(v) Where a casing is not otherwise required, it shall be considered as expedient in the insertion, removal, replacement, or maintenance of carrier pipes crossing interstate, freeways, or access-controlled highways. Casings shall extend to the access control lines. See Subsection R930-7-8(4).

(8) Longitudinal Telecommunications Installation.

(a) Installation must comply with Rule R907-64.

(9) Wireless Telecommunications Facilities.

(a) Facilities must comply with Rule R907-64.

History

KEY: right of way, utilities, utility accommodation
Date of Last Change: December 11, 2024
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-6-116(2)

Utah Admin. Code R930-7-11 Utility Construction and Inspection

(1) General Provisions.

(a) The method used for utility construction work is generally determined by local conditions. The location, terrain, obstructions, soil conditions, topography, and UDOT standards to maintain the integrity and safety of the right of way and roadway are important considerations for the proper placing of utilities. Familiarity and compliance with this rule will facilitate the construction process for utility companies.

(b) UDOT may perform routine inspections of utility construction work to monitor compliance with the SULA, encroachment permit and with state and federal regulations. A permit may be revoked for cause if a utility company or contractor is not complying with the terms and limitations of the permit which will require a new permit at the contractor's expense to proceed with the utility construction work.

(c) Costs associated with the inspection are the responsibility of the utility company. Failure to pay inspection invoices issued by UDOT may result in revocation of the permit and may require the posting of an inspection bond on future permit applications.

(2) Utility Construction and Maintenance.

(a) The utility company may not begin any utility construction work on UDOT right of way until the permit is issued and notice to proceed is given to the utility company by UDOT. After notice to proceed is received, the utility company shall complete construction in accordance with UDOT requirements.

(b) Traffic control for utility construction and maintenance operations shall conform to UDOT's current accepted Utah MUTCD or UDOT Traffic Control Plans, whichever is more restrictive. All utility construction and maintenance operations shall be planned to keep interference with traffic to an absolute minimum. On heavily traveled highways, utility operations interfering with traffic may not be conducted during periods of peak traffic flow. This work shall be planned so that closures of intersecting streets, road approaches, or other access points are held to a minimum.

(c) When utility construction work involves existing underground utility facilities, the utility company or Utility contractor shall comply with Title 54, Chapter 8a, Damage to Underground Utility Facilities.

(d) Utility construction work shall be completed within the number of days specified in the approved permit. When the Utility construction work is not completed within the specified time UDOT has the option of extending the time or revoking the permit and acting on the appropriate bond to pay for completion of the Utility construction work. Any time extension granted by UDOT shall be in writing.

(e) Disturbance of areas within the right of way during utility construction work shall be kept to a minimum and right of way shall be restored to the satisfaction of UDOT. Utility construction work methods used within the right of way shall be performed in accordance with current Standard Specifications for Highway and Bridge Construction, UDOT Permit Excavation Handbook, the provisions of this rule, and encroachment permit requirements. Unsatisfactory utility construction work, as determined by UDOT's inspector, shall promptly be corrected to comply with appropriate standards and specifications. UDOT may issue a written notification that identifies the deficiencies and the time to cure or correct the deficiencies. If the restoration is not performed within the specified time, UDOT may perform or have performed the corrective work, and the utility company shall be responsible for any costs incurred.

(f) The utility company shall avoid disturbing or damaging existing highway drainage facilities and is responsible for repairs, including restoration of ditch flow lines. Wherever necessary, the utility company shall provide drainage away from its own facilities to avoid damage to the highway.

(g) The utility company is prohibited from spraying, cutting, or trimming trees or other landscape elements unless specific written permission is obtained from UDOT. The approval of an encroachment permit does not include approval of such work unless the cutting, spraying, and trimming is specifically indicated on the permit application. In general, when permission is given, only light trimming will be permitted. When tree removal is approved, the stump shall be removed, and the hole properly backfilled to natural ground density or restored as otherwise approved by UDOT. The work site shall be left clean and trash free. Any debris shall be removed. Reseeding shall be performed in accordance with UDOT's approved schedule.

(h) UDOT may require that any abandoned utility pipe or conduit be removed, capped, or filled with an appropriate material acceptable to UDOT.

(i) Any utility facilities located within the right of way shall be adequately maintained. Any physical modifications, relocations, additions, excavations, or impedance of traffic within the right of way shall require the submittal of a new encroachment permit application. No Utility construction work may begin until the new encroachment permit is approved.

(j) Restoration of the highway right of way disturbed by excavation, grading work, or other activities shall include reseeding and restoration of existing landscaping. Any areas that are denuded of vegetation because of construction or maintenance shall be reseeded, which is subject to inspection and acceptance by UDOT.

(3) Open Trench Construction Traversing Rights of Way.

(a) Open trench utility installations are not permitted unless an acceptable trenchless method is unfeasible such as in unsuitable soil conditions or extremely difficult rock. UDOT may also grant a deviation from requiring trenchless construction where older pavement is severely deteriorated.

(b) Open trench construction on rights of way is limited to areas where traffic impacts are minimal. Any pavement structure broken, disturbed, cut, or otherwise damaged in any way shall be removed and replaced to a design equal to or greater than the surrounding undisturbed pavement structure, or as otherwise determined by UDOT.

(c) For open trench installations, the utility company is responsible for the restoration and maintenance of the pavement structure for three years as outlined in Subsection R930-7-6(6)(b), unless a deviation from this rule as outlined in Section R930-7-13 is granted by UDOT. When the utility company or its contractor performing the Utility construction work is not equipped or fails to properly repair the damage to the pavement structure, UDOT will repair the damage and bill the utility company for the actual costs incurred, including any administrative costs. Any pavement restoration work performed by the utility company shall be completed within 48 hours after completion of the excavation and backfill.

(d) Any open trench utility installations shall conform to the applicable provisions of the current UDOT Standard Specifications for Road and Bridge Construction.

(e) It is the utility company's responsibility to restore the structural integrity of the roadbed, secure the utility facility against deformation and leakage, assure that the utility trench does not become a drainage channel and that the backfilled trench doesn't impede or alter road drainage.

(f) Trenches shall be cut to have vertical faces. Maximum width shall be two feet or the outside diameter of the pipe plus one and one-half feet on each side. Any trenches shall be shored where necessary and shall meet OSHA requirements.

(g) Bedding shall be provided to a depth of one-half the diameter of the pipe and shall consist of granular material, free from rocks, lumps, clods, cobbles, or frozen materials, and shall be graded to a firm surface without abrupt change in bearing value. Unstable soils and rock ledges shall be sub-excavated from beneath the bedding zone and replaced with suitable granular material.

(h) Backfill shall meet the current UDOT Standard Specification 02056 Embankment, Borrow and Backfill, and 03575 Flowable Fill. Additional specifications may be required by UDOT.

(i) Pavement replacement may be performed by either the utility company or a contractor engaged by the utility company. The Region Permits Officer will determine pavement replacement requirements. The utility company is liable for three years from the date of completion of the pavement replacement for the cost of repairs if the backfill subsides or the patched pavement fails.

(j) Where a utility company fails to properly repair any damage to the pavement structure, UDOT may repair the damage, and the costs, including administrative costs, will be the responsibility of the utility company.

(4) Trenchless Utility Construction.

(a) Trenchless utility installations are required for any utility crossings of highways or roadways, where practicable. This construction method is required to avoid disturbing the pavement surface, particularly where underground utilities exist on major highways, expressways, or freeways. Only UDOT-approved methods may be used to install a utility facility under a highway.

(b) Any trenchless pipeline installations shall extend under and across the entire roadway prism to a point five feet beyond the toes of the fore-slopes, borrow ditch bottom, or across the access-controlled right of way lines, but never less than 15 feet from the edge of pavement or a ramp.

(c) Water jetting or tunneling may not be used. Water-assisted or wet boring may be permitted if the utility company can demonstrate to UDOT through the deviation process outlined in Section R930-7-13 that the operation will not adversely impact the roadway and subgrade.

(d) The size of a trenchless operation shall be restricted to the minimum size necessary for the utility or pipeline installation and may not exceed the utility facility or pipeline diameter by more than 5% unless otherwise required based on equipment and product manufacturer's specifications. Grout or flowable fill backfill shall be used for carriers or casings and for over-breaks, unused holes or abandoned carriers or casings. The composition of the grout shall be cement mortar, a slurry of fine sand or other fine granular materials.

(e) Portals including surface openings and bore pits shall be established safely beyond the highway surface and the clear zone to avoid impairing the roadway during installation of the pipeline.

(f) Where a bulkhead seals the pipeline portal, the portal shall be suitably offset from the surfaced area of the highway. Shoring and bulkheading shall conform to applicable federal, state, and local jurisdiction construction and safety standards.

Where a bulkhead is not installed in the pipeline, the portal shall be offset no less than the vertical difference in elevation between the surfaced area of the highway and the bottom of the bore pit.

(g) The utility company shall follow the manufacturer's guidelines and industry standards for equipment set-up and operation. The utility company shall assess soil conditions to determine the most appropriate installation technique. Subsurface bore paths shall be tracked and recorded by the utility company, and any failed bores shall be appropriately abandoned and backfilled by the utility company.

(h) Drilling fluids shall be prepared and used according to the fluid and drilling equipment manufacturer's guidelines. The utility company shall use fluid containment pits at both bore entry and exit points and shall use appropriate operational controls to avoid heaving or loss of drilling fluids from the bore. Antifreeze additives shall be non-toxic and biodegradable products.

(i) The utility company shall dispose of drilling fluids and other materials in permitted facilities that accept the types of chemicals and wastes used in the trenchless operations.

(5) Utility Markers.

(a) The location of utility facilities within highway right of way presents certain risks to construction and maintenance activities, construction personnel, and to the facility itself when work in and around the area of the utility facility is in progress. To minimize risk and maximize safety, it is the utility company's responsibility to provide identification markers and tracer wire for any buried facilities located within the highway right of way.

(b) A trace wire, metallic tape, or other accepted industry material approved by UDOT for locating utilities with geophysical equipment shall be properly installed with all non-metallic underground utility facilities.

(c) The utility company shall place permanent markers identifying the location of underground utility facilities, whether they are crossing the highway right of way or installed longitudinally along the highway right of way. Markers may not interfere with highway safety and maintenance operations. Preferably, markers shall be located at the right of way line if that location will provide adequate warning. The telephone number for one-call notification services to request marking the line location prior to excavation, and for emergency response, shall appear on the marker.

(d) The utility company shall maintain its markers in good condition. Color faded markers shall be replaced as necessary so that their visibility to maintenance crews and others is not impaired.

(6) GPS Requirements.

(a) It is the responsibility of the utility company to produce and maintain a set of certified reproducible plans and an electronic file showing the location of any of the utility company's utility facilities within the right of way including overhead facilities and crossing points. The utility company is responsible for maintaining an accurate file to be used by UDOT for future planning to avoid utility conflicts. These plans shall also include appropriate vertical and horizontal ties to the highway survey control.

(b) For new and relocated facility installations, the utility company shall use a survey grade Global Positioning System (GPS) to survey their facility locations and submit an electronic file to UDOT. Specific requirements for survey data will be determined by UDOT. The location survey points shall include major junction points, manholes, valves, changes in line or grade, and any other significant feature that will facilitate installation approval and future planning activities.

(c) If the utility company fails to provide UDOT with a set of plans and files showing the surveyed utility locations upon request then the utility company shall secure the actual locations of their facilities at no cost to UDOT. If the utility company fails to provide the utility location information requested within ten days, UDOT may hire a Subsurface Utility Engineering (SUE) consultant to locate the utilities at the utility company's expense.

History

KEY: right of way, utilities, utility accommodation
Date of Last Change: December 11, 2024
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-6-116(2)

Utah Admin. Code R930-7-12 Maintenance Responsibility

A utility company is responsible for maintaining the utility company's facilities and appurtenances and is liable for any harm related to or caused by the utility company's utility facilities and appurtenances, whether operational, out of service, or abandoned, on or in UDOT right of way or UDOT property. Other than highway appurtenances, UDOT is not responsible for maintaining any facility within the right of way or UDOT property.

History

KEY: right of way, utilities, utility accommodation
Date of Last Change: December 11, 2024
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-6-116(2)

Utah Admin. Code R930-7-13 Deviations

(1) Deviations from provisions of this rule may be allowed if they do not violate state and federal statutes, law, or regulations and UDOT has determined the use of the right of way will be for the public good without compromising the transportation purposes of the right of way.

(2) Requests for deviations with limited impact may be considered by UDOT on an individual basis, upon justification submitted by the utility company. UDOT will not consider cost to the utility company as the primary deciding factor in granting a deviation.

(3) Requests for significant deviations must demonstrate extreme hardship and unusual conditions and provide justification for the deviation. Requests must demonstrate that alternative measures can be specified and implemented and still fulfill the intent of state and federal statute and regulations. Requests for these deviations must include the following:

(a) formal request by the utility company; and

(b) an evaluation of the direct and indirect design, safety, environmental, and economic impacts associated with granting a deviation.

(4) In order for UDOT to grant a significant deviation the following approvals are necessary:

(a) formal recommendation for approval by the UDOT Region Preconstruction Engineer and Permits Officer or the officer's supervisor, as applicable;

(b) formal recommendation for approval from the UDOT Region Director or designee;

(d) FHWA concurrence if the deviation applies to a utility facility located within a Federal-aid highway right of way.

(5) For UDOT projects that are solely state-funded, UDOT may deviate from the utility relocation regulations contained in the Code of Federal Regulations by reimbursing a utility company for the replacement of existing buildings with functionally equivalent buildings, if the following requirements are met:

(a) the utility company owns the property in fee that UDOT needs to acquire for its project;

(b) the utility company owns operational facilities located upon, below or above the property;

(d) a property purchase in accordance with 49 CFR 24 will not adequately compensate the utility company's costs to relocate and functionally re-establish the maintenance facility; and

(e) the deviation promotes the public interest.

History

KEY: right of way, utilities, utility accommodation
Date of Last Change: December 11, 2024
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-6-116(2)

Utah Admin. Code R930-7-14 Enforcement

(1) This rule is subject to enforcement pursuant to and as provided for in Utah Code, and in Utah Administrative Code, or federal regulations and may include, but not be limited to the following:

(a) administrative citations, in letter form, citing non-compliance items and proper redress requirements, including notice that UDOT may take whatever action is necessary to rectify the situation and subsequently submit a claim against the appropriate bond to recover from the utility company actual costs incurred by UDOT;

(b) increased bonding levels to recoup potential restoration costs on current or future utility projects;

(d) termination of the SULA; and

(e) legal action to secure reimbursement from the utility company for costs incurred by UDOT due to damages to the right of way or noncompliance with the permit, rule, or SULA.

History

KEY: right of way, utilities, utility accommodation
Date of Last Change: December 11, 2024
Notice of Continuation: August 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-6-116(2)

R930-8 Utility Relocations Required by Department Projects

Utah Admin. Code R930-8-1 Purpose

This rule sets forth the department's requirements and authority as to a Utility Company's coordination and cooperation when removal, relocation, or alteration of a utility facility is made necessary by a department project and sets forth the options the department may pursue to proceed with a department project if a utility company fails to cooperate or coordinate with the department as required by statute or rule.

History

KEY: right-of-way, utility accommodation, utility facilities, utilities
Date of Last Change: December 11, 2024
Notice of Continuation: May 12, 2025
Authorizing, and Implemented or Interpreted Law: 54-3-29(5)(b); 54-3-29(6); 54-3-29(7); 72-6-116(2); 72-6-116(6)

Utah Admin. Code R930-8-2 Authority

This rule is enacted pursuant to Subsections 54-3-29(5)(b), (6), and (7), and Section 72-6-116.

History

KEY: right-of-way, utility accommodation, utility facilities, utilities
Date of Last Change: December 11, 2024
Notice of Continuation: May 12, 2025
Authorizing, and Implemented or Interpreted Law: 54-3-29(5)(b); 54-3-29(6); 54-3-29(7); 72-6-116(2); 72-6-116(6)

Utah Admin. Code R930-8-3 Definitions

As used in this Rule R930-8:

(1) "Department" means the Utah Department of Transportation.

(2) "Department project" has the same definition as provided in Section 72-6-116.

(3) "Non-operating Property" and "Non-operating Real Property" refer to property owned by a Utility Company that is not directly part of the Utility Company's physical plant or facilities that provide the utility service.

(4) "Right-of-Way" has the same definition as provided in Section 72-1-102.

(5) "Utility" and "Utility facility" are used interchangeably and have the same definition as "utility" as provided in Section 72-6-116.

(6) "Utility company" has the same definition as provided in Section 72-6-116.

History

KEY: right-of-way, utility accommodation, utility facilities, utilities
Date of Last Change: December 11, 2024
Notice of Continuation: May 12, 2025
Authorizing, and Implemented or Interpreted Law: 54-3-29(5)(b); 54-3-29(6); 54-3-29(7); 72-6-116(2); 72-6-116(6)

Utah Admin. Code R930-8-4 Utility Company Coordination and Cooperation

When the department notifies a Utility that relocation of a utility facility may be necessary due to a department project, both the department and the Utility shall follow Subsection 72-6-116(6). The Utility shall:

(1) Provide to the department, the location of each utility facility likely to be affected following the process set forth in Subsection R930-7-11(6).

(2) Identify for the department conflicts department project and the Utility's operation of its utility facilities.

(3) Submit to the department all conveyances, vesting documents, or other evidence of title to real property related to the potential relocation of utility facilities as early as practicable.

(4) Submit to the department the Utility's proposed design for relocation; detailed cost estimates; a reasonable relocation schedule to accommodate the department project; reasonable limits on department project work, including utility outage windows and construction loadings by the department; and communication procedures between the parties. A reasonable relocation schedule for the project includes, work sequencing, task durations, material ordering, notification requirements, mobilization, third-party coordination, communication between the parties, and any other activity necessary for the relocation of the utility facility to accommodate the department project. If the relocation work is to be completed before the department awarding the department project to its contractor, the Utility shall include specific dates in the schedule.

(5) Execute a written relocation agreement with the department. The agreement shall include terms and conditions, including, the relocation scope of work, reimbursement provisions, federal requirements, description and location of the work to be undertaken, plans and drawings, and detailed cost estimates.

(6) After the department has awarded the department project to a contractor, coordinate with the contractor to develop a detailed work plan and schedule and address other matters of mutual concern during construction. Submit to the department written acknowledgment of the approved schedule.

(7) Perform the work necessary for removal, relocation, or alteration of the utility facility in accordance with the detailed work plan and schedule developed in Subsections (4) and (6), and as described in the relocation agreement and supplemental agreements.

History

KEY: right-of-way, utility accommodation, utility facilities, utilities
Date of Last Change: December 11, 2024
Notice of Continuation: May 12, 2025
Authorizing, and Implemented or Interpreted Law: 54-3-29(5)(b); 54-3-29(6); 54-3-29(7); 72-6-116(2); 72-6-116(6)

Utah Admin. Code R930-8-5 Timeliness

The work listed in Subsections R930-8-4(1) through (7) must be timely completed by the Utility so as not to delay the department project or otherwise increase costs to the project. The department will provide reasonable deadlines for the Utility, so the Utility can meet the deadlines and not unnecessarily delay the department project. The department will also provide the Utility with reasonable updates of department project schedule changes.

History

KEY: right-of-way, utility accommodation, utility facilities, utilities
Date of Last Change: December 11, 2024
Notice of Continuation: May 12, 2025
Authorizing, and Implemented or Interpreted Law: 54-3-29(5)(b); 54-3-29(6); 54-3-29(7); 72-6-116(2); 72-6-116(6)

Utah Admin. Code R930-8-6 Relocation

The basic concept when relocating utility facilities is to functionally restore the Utility's operation facilities that existed before the department constructing a department project.

(1) The department incorporates by reference 23 CFR Section 645, subpart A (12/03/2021), for utility facility relocations required by department projects. For deviations in determining whether the Utility's real property needed for the department project should be handled as a utility relocation or right-of-way acquisition, Subsection R930-7-13(5) shall apply.

(2) If the Utility's regulatory and construction requirements can be met, the department may require utility companies to jointly occupy trenches for a department project. To the extent Utilities have valid agreements concerning the joint use of above-ground facilities, the utility companies shall cooperate with each other for the relocated joint use.

(3) If a Utility determines the existing utility facilities do not need to be replaced or are not needed to maintain its operational facilities, payment for the real property, which is needed to accommodate the construction of the department project where the utility facilities are located, shall be handled as a right-of-way acquisition.

History

KEY: right-of-way, utility accommodation, utility facilities, utilities
Date of Last Change: December 11, 2024
Notice of Continuation: May 12, 2025
Authorizing, and Implemented or Interpreted Law: 54-3-29(5)(b); 54-3-29(6); 54-3-29(7); 72-6-116(2); 72-6-116(6)

Utah Admin. Code R930-8-7 Replacement of Property Rights

(1) When the department replaces a Utility's fee interest or easement, the Utility shall transfer title to the prior fee or easement to the department without charge.

(2) If the Utility has facilities within a fee or easement and the facilities are relocated within the department's right-of- way, the Utility shall transfer title to the fee or easement without charge to the department and the department shall reimburse the Utility 100% of the future utility relocation costs in compliance with 23 CFR Section 645, subpart A.

(3) When the Utility's facilities are located in a public utility easement as defined in Section 54-3-27, the department may purchase a replacement public utility easement and may require the Utility to relocate its facilities to the replacement public utility easement.

(4) The Utility shall pay UDOT for any betterment between the existing real property interest and the real property interest acquired for relocation.

(5) If the department obtains a court ordered occupancy or right-of-entry from a property owner, the Utility shall relocate its facilities onto the replacement property rights while the department obtains the final order or deeds from the property owner.

(6) Acquisition of Non-operating Real Property from a Utility shall be in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and applicable right-of-way procedures in 23 CFR Section 710.203.

History

KEY: right-of-way, utility accommodation, utility facilities, utilities
Date of Last Change: December 11, 2024
Notice of Continuation: May 12, 2025
Authorizing, and Implemented or Interpreted Law: 54-3-29(5)(b); 54-3-29(6); 54-3-29(7); 72-6-116(2); 72-6-116(6)

Utah Admin. Code R930-8-8 Reimbursement of Relocation Costs

(1) Reimbursement for relocation costs shall be determined in accordance with 23 CFR Part 645, Subpart A, and the Program Guide, Utility Relocation and Accommodation on Federal-Aid Highway Projects, Sixth Edition, January 2003, as amended, Cost Development and Reimbursement, pages B-21 to B-29.

(2) If a Utility cannot provide a copy of a permit that shows the department's acceptance of the deviation from the rule in effect at the time of installation of the utility facilities and the utility facilities do not meet the overhead and depth of bury clearance requirements, the Utility must relocate its facilities without any reimbursement from the department. The Utility shall be responsible for 100% of its relocation costs for non-compliant utility facilities.

(3) When reimbursement is made on the basis of actual costs, the Utility's estimate and final billing shall be itemized and show the totals for labor, overhead construction costs, travel expenses, transportation, equipment, materials, and supplies, handling costs, and other services.

(4) The Utility's final billing statement shall be provided in a format that facilitates making comparisons with the department's approved estimates.

(5) A Utility must submit final billings to the department within six months following the completion of the relocation work. The department may make a final payment when the final bill is received from a Utility more than six months after the completion of the relocation work if the department and the Utility have agreed in advance that a longer time period is needed.

(6) The costs incurred by the department and a Utility for compliance with federal and state statutes, rules, and regulations will be included as part of the utility relocation costs.

(7) Temporary utility facility relocations required by the department project will be included as part of the utility relocation costs.

(8) Telecommunication utility companies granted longitudinal interstate access are required to pay any relocation costs pursuant to Section 72-7-108.

History

KEY: right-of-way, utility accommodation, utility facilities, utilities
Date of Last Change: December 11, 2024
Notice of Continuation: May 12, 2025
Authorizing, and Implemented or Interpreted Law: 54-3-29(5)(b); 54-3-29(6); 54-3-29(7); 72-6-116(2); 72-6-116(6)

Utah Admin. Code R930-8-9 Betterments

No betterment credit is required for the replacement of utility devices or materials that are:

(1) Required by the department project;

(2) Of equivalent standards although not identical;

(3) Of the next highest grade or size when the existing devices or materials are no longer regularly manufactured;

(4) Required by law pursuant to governmental and appropriate regulatory commission code; or

(5) Required by current design practices regularly followed by the Utility in its own work, and there is a resulting direct benefit to the department project.

History

KEY: right-of-way, utility accommodation, utility facilities, utilities
Date of Last Change: December 11, 2024
Notice of Continuation: May 12, 2025
Authorizing, and Implemented or Interpreted Law: 54-3-29(5)(b); 54-3-29(6); 54-3-29(7); 72-6-116(2); 72-6-116(6)

Utah Admin. Code R930-8-10 Issuance of Administrative Order; Enforcement

(1) If a Utility fails to timely coordinate and cooperate with the department at any point in the utility relocation process, the department may issue an administrative order pursuant to Subsection 72-6-116(2)(b) to the Utility to accommodate the department project. The administrative order shall be issued by the department's Statewide Utilities Manager and will include a reasonable timeframe for Utility Company actions to complete the relocation of the utility facilities, including any design.

(2) If the Utility fails to comply with the department's administrative order, and the failure to comply is not caused by a third party whom the Utility has no control over, the department may issue an administrative order to remedy non-compliance. The department may order any the following remedies:

(a) Recovery from the Utility for increased costs to the department caused by the Utility's unreasonable or unjustified delays. Such actual and indirect costs may include increased costs on the current department project or related projects, added expenses from loss of a construction season, and loss of project funding.

(b) Denial of further permits for utility installation under Rule R930-7 until the Utility's non-compliance is resolved.

(c) Performing design work and construction work on behalf of the Utility for those utility facilities located within the right-of-way, except for fiber for telecommunications, electricity, and natural gas. The department will only perform such work if the work can be performed without violating any state or federal statute, regulation, or safety requirement. The Utility shall reimburse the department for the costs the department incurs to relocate the Utility's facilities, in amounts allowed by Subsection 72-6-116(3).

(3) The department may also pursue additional remedies or claims against a Utility in a district court in Utah.

(4) The department may not limit or waive any of its remedies or claims allowed in this rule or law.

(5) The department may require a Utility to comply with a practicable shortened process or expedited schedule when an emergency exists that could affect public safety or the structural or functional integrity of the highway.

History

KEY: right-of-way, utility accommodation, utility facilities, utilities
Date of Last Change: December 11, 2024
Notice of Continuation: May 12, 2025
Authorizing, and Implemented or Interpreted Law: 54-3-29(5)(b); 54-3-29(6); 54-3-29(7); 72-6-116(2); 72-6-116(6)

Utah Admin. Code R930-8-11 Agency review

A Utility aggrieved by an administrative order issued under Section R930-8-10 and Subsection 72-6-116(2)(b) may file a written request for agency review with the department pursuant to Title 63G, Chapter 4, Administrative Procedures Act and Rule R907-1. The presiding officer for the agency review will be the department's Director of Operations, who will issue the department's Final Order. The administrative proceedings shall be informal.

History

KEY: right-of-way, utility accommodation, utility facilities, utilities
Date of Last Change: December 11, 2024
Notice of Continuation: May 12, 2025
Authorizing, and Implemented or Interpreted Law: 54-3-29(5)(b); 54-3-29(6); 54-3-29(7); 72-6-116(2); 72-6-116(6)

R930-9 Detection and Elimination of Unauthorized Discharges into Drainage Systems, Enforcement of Water Laws, Sanctions for Violation, and Permitting

Utah Admin. Code R930-9-1 Rulemaking Authority

The Department promulgates this rule pursuant to Utah Code Subsection 63G-3-201(2)(a), Section 72-1-201, Section 72-7-102, and Section 72-7-104.

History

KEY: storm water, tie-ins, UPDES MS4, illicit discharge
Date of Last Change: June 30, 2017
Notice of Continuation: April 25, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2)(a); 72-1-201; 72-7-102; 72-7-104

Utah Admin. Code R930-9-2 Detecting Discharges into Drainage Systems

The Department has the authority to detect, investigate, eliminate, and enforce against any non-stormwater discharge (including illegal dumping) to its drainage systems and within its right-of-way. The Department also has the authority to create an effective regulatory mechanism to implement actions that meet the requirements of the Department's Utah Pollutant Discharge Elimination System ("UPDES") Municipal Separate Storm Sewer System ("MS4") Permit.

History

KEY: storm water, tie-ins, UPDES MS4, illicit discharge
Date of Last Change: June 30, 2017
Notice of Continuation: April 25, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2)(a); 72-1-201; 72-7-102; 72-7-104

Utah Admin. Code R930-9-3 Regulatory Mechanism to Meet the Requirements of the Department's UPDES MS4 Permit

The Department will act to enforce the requirements of its UPDES MS4 permit.

History

KEY: storm water, tie-ins, UPDES MS4, illicit discharge
Date of Last Change: June 30, 2017
Notice of Continuation: April 25, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2)(a); 72-1-201; 72-7-102; 72-7-104

Utah Admin. Code R930-9-4 Connections to Drainage Systems, Permitting, Fees

(1) The Department has the authority to require compensation from a local government or property owner to connect to drainage systems located within Department right-of-way.

(2) The Department may recover the costs of managing a local government or property owners' connection to drainage systems located within Department right-of-way.

(3) The Department may issue and require the local government or property owner to obtain a permit to connect to a drainage system located within Department right-of-way. The primary purpose of the drainage system is for the management of stormwater runoff from the Department's right-of-way. Drainage flows from offsite areas must not exceed the capacity of the drainage system or interfere with the Department's ability to use its drainage system. The Department has the discretion to deny requested connections to its drainage systems. If the application is complete and a connection is permitted, the Department will either enter into an agreement with the local government or the property owner shall sign the Department's drainage agreement.

(4)(a) The local government or property owner will be responsible for all costs associated with clean-up necessary or any imposed fines or penalties due to non-stormwater discharges into the Department's drainage system regardless if a connection has been permitted.

(b) If the local government or property owner fails to take measures to prevent non-stormwater discharges, the Department will require the connection to be removed from the Department's drainage system.

(5) The Department may require the local government or property owner seeking to connect to a Department drainage system to provide a surety bond sufficient to protect the Department from harm to its drainage system caused in whole or part by work performed on or substances discharging from a local government's system.

(6) The Department may adopt a fee schedule that indicates required dollar amounts for surety bonds required of various types of utility services or for property owners seeking permits to connect to a Department drainage system.

(7) The Department may adopt a fee schedule covering connection, permit, and management fees it charges local governments and property owners and will make it publicly available.

(8) Fees collected by the Department under this rule shall be deposited with the state treasurer and credited to the Transportation Fund.

History

KEY: storm water, tie-ins, UPDES MS4, illicit discharge
Date of Last Change: June 30, 2017
Notice of Continuation: April 25, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2)(a); 72-1-201; 72-7-102; 72-7-104

Utah Admin. Code R930-9-5 Enforcement

(1) When the Department learns that a local government or property owner has installed, placed, constructed, altered, repaired, or maintained a drainage pipe, inlet or manhole, ditch, culvert or any other structure or object of any kind within Department right-of-way without the Department's without complying with the requirements of Utah Code Title 72, the Department may:

(a) Remove the installation from the right-of-way immediately as circumstances dictate; or

(b) Give written notice to the local government or property owner to remove the installation from the Department's right-of-way.

(2) Notice under Subsection (1)(b) may be served by:

(a) Personal service; or

(b)(i) Mailing the notice to the person, firm, or corporation by certified mail the last known address; and

(ii) Posting a copy on the installation for 10 days.

(3) If the installation is not removed within 10 days after the notice is served, the Department may remove the installation at the expense of the local government or property owner.

(4) The Department may recover the costs and expenses incurred in removing the installation, serving notice, and the costs of a lawsuit.

(5)(a) If the local government or property owner disputes or denies the existence, placement, construction, or maintenance of the installation, or refuses to remove or permit its removal, the Department may bring an action to remove the installation.

(b) If the Department is granted a judgment by a court the highway authority may recover the costs of removing the installation as provided in Subsection (4).

History

KEY: storm water, tie-ins, UPDES MS4, illicit discharge
Date of Last Change: June 30, 2017
Notice of Continuation: April 25, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2)(a); 72-1-201; 72-7-102; 72-7-104

Utah Admin. Code R930-9-6 Referrals to the Attorney General

The Department will refer matters related to enforcing this rule to the attorney general.

History

KEY: storm water, tie-ins, UPDES MS4, illicit discharge
Date of Last Change: June 30, 2017
Notice of Continuation: April 25, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2)(a); 72-1-201; 72-7-102; 72-7-104

R933 Preconstruction, Right of Way Acquisition

R933-1 Right of Way Acquisition

Utah Admin. Code R933-1-1 Purpose and Authority

This rule provides the department's procedures for right of way acquisition and the purchase, sale, and exchange of real property. This rule is required by Section 72-5-117 and is enacted under the authority of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

History

KEY: right of way acquisition, condemnation
Date of Last Change: January 10, 2012
Notice of Continuation: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 72-5-117

Utah Admin. Code R933-1-2 Incorporation of Federal Regulations for Federal Financial Assistance Projects

The State of Utah incorporates by reference 49 CFR 24 as amended in the Federal Register, on January 4, 2005, as its administrative rules on the acquisition of rights of way for projects receiving federal financial assistance.

History

KEY: right of way acquisition, condemnation
Date of Last Change: January 10, 2012
Notice of Continuation: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 72-5-117

Utah Admin. Code R933-1-3 Partial Incorporation of Federal Regulations for State Projects Funded Without Federal Financial Assistance

The State of Utah incorporates by reference 49 CFR 24 as amended in the Federal Register on January 4, 2005, as its administrative rules on the acquisition of rights of way for projects that do not receive federal financial assistance, except that 49 CFR 24.107 is not incorporated and shall not be the basis for recovery of attorney fees or other litigation expenses specified therein. Attorney fees and other litigation expenses shall only be recoverable for projects that do not receive federal financial assistance to the extent expressly provided for by state law.

History

KEY: right of way acquisition, condemnation
Date of Last Change: January 10, 2012
Notice of Continuation: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 72-5-117

Utah Admin. Code R933-1-4 Requirements for Purchase, Sale, or Exchange of Real Property

(1) When purchasing, selling, or exchanging real property, the department may obtain and review the following documents and authorities as the department deems it necessary or appropriate to ensure that the value of the real property is congruent with the proposed price and other terms of purchase, sale, or exchange:

(a) title insurance commitment;

(b) an environmental assessment;

(d) applicable regulatory codes;

(e) an appraisal;

(f) an analysis of past maintenance and operational expenses, when available;

(g) the situs, zoning, and planning information;

(h) a land survey; and

(i) other requirements determined necessary by the department.

(2) This rule shall apply to all purchases, sales, and exchanges of the department, except as otherwise allowed, required or governed by state or federal law. For projects not receiving federal financial assistance, the requirements of this rule do not apply to the purchase, sale, or exchange of property, or to an interest in real property that is under a contract or other written agreement prior to May 5, 2008, or with a value of less than $100,000, as estimated by the department.

History

KEY: right of way acquisition, condemnation
Date of Last Change: January 10, 2012
Notice of Continuation: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 72-5-117

R933-2 Control of Outdoor Advertising Signs

Utah Admin. Code R933-2-1 Purpose

The purpose of this rule is to implement the Utah Outdoor Advertising Act Sections 72-7-501 through 72-7-516. Nothing in this rule shall be construed to permit outdoor advertising that would disqualify the state for federal participation of funds under the applicable federal standards or conflict with the Utah Outdoor Advertising Act. The Transportation Commission and the Utah Department of Transportation shall, through designated personnel, control outdoor advertising on controlled routes throughout the State of Utah.

History

KEY: signs
Date of Last Change: September 23, 2015
Notice of Continuation: May 15, 2026
Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201

Utah Admin. Code R933-2-2 Definitions

All references in this rule to Title 72, Chapter 7, Part 5, are to those sections of the Utah Code known as the Utah Outdoor Advertising Act. In addition to the definitions in that part, the following definitions are supplied:

(1) "Abandoned sign" means any controlled sign of which the sign face has been partially obliterated, dilapidated, has unsafe conditions or has remained blank or been removed for a continuous period of 12 months or more, and the sign owner does not have a pending and active application with the department or a local governmental authority to repair or rectify the condition.

(2) "Acceleration and deceleration lanes" means speed change lanes created for the purpose of enabling a vehicle to increase or decrease its speed to merge into, or out of, traffic on the main-traveled way. As used in the Act, an acceleration or deceleration lane begins and ends at a point no closer than 500 feet from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way. On-ramps and off-ramps are part of the interchange and shall not be considered an acceleration or deceleration lane under the Act or this rule.

(3) "Act" means the Utah Outdoor Advertising Act.

(4) "Advertising" means any message, whether in words, symbols, pictures or any combination thereof, painted or otherwise applied to the face of an outdoor advertising structure, and the message is designed, intended, or used to advertise or inform, and the message is visible from any place on the main traveled-way of a controlled route.

(5) "Areas zoned for the primary purpose of outdoor advertising" as used in the Act is defined to include areas in which the primary activity is outdoor advertising.

(6) "Changeable Electronic Variable Message Signs" or "CEVMS" means a self-luminous advertising sign which emits or projects any kind of light, color, or message. Such a sign has the capability of being changed or altered by electronic means on a fixed display screen composed of a series of lights including light emitting diodes (LEDs), fiber optics, plasma displays, light bulbs, or other illumination devices within the display area.

(7) "Conforming sign" means an off-premises sign maintained in a location that conforms to the size, lighting, spacing, zoning, and other requirements as provided by law and this rule.

(8) "Contiguous" means a property that shares a common property line with another property.

(9) "Controlled route" means any route where outdoor advertising control is mandated by the Act, the Utah-Federal Agreement R933-5, or other state or federal law.

(10) "Controlled sign" means any off-premises sign that is designed, intended, or used to advertise or inform and which is located and the advertising thereon is visible within a controlled outdoor advertising corridor as specified by state or federal law.

(11) "Customary Maintenance" means any change, replacement, manipulation, or other repair to the sign structure that does not:

(a) alter or change the overall height, location, material, sign face orientation or sign face size (except for temporary embellishments);

(b) add lighting relative to what is currently listed on the valid permit or change the sign face to a CEVMS, or

(12) "Feeder systems" are secondary city or county roads that bring traffic to the state highway.

(13) "Freeway" means a divided highway for through traffic with full control access.

(14) "Good standing" means the controlled sign is properly maintained, all program and permit-related fees are paid as specified in this rule, and current sign owner contact information is up to date with the department.

(15) "Grandfather status" refers to any off-premises controlled sign erected in zoned or unzoned commercial or industrial areas, prior to May 9, 1967, even if the sign does not comply with the size, lighting, or spacing of the Act and this rule. Signs only, and not sign sites, may qualify for Grandfather Status.

(16) "H-1" means highway service zone as defined in the Act.

(17) "Lease or consent" means any written agreement by which possession of land, or permission to use land for the purpose of erecting or maintaining a sign, or both, is granted by the owner to another person for a specified period of time.

(18) "Nonconforming sign" means a sign that was lawfully erected, but that does not conform to state law or rules enacted at a later date or that later fails to comply with state legislation or rules because of changed conditions. The term "illegally erected" or "illegally maintained" is not synonymous with the term, "nonconforming sign", nor is a sign with "grandfather" status synonymous with the term, "nonconforming sign."

(19) "Off-Premises Sign" means an outdoor advertising sign that advertises an activity, service or product and that is located on premises other than the premises at which activity or service occurs or product is sold or manufactured.

(20) "On-Premises Sign" does not include a sign that advertises a product or service that is only incidental to the principal activity or that brings rental income to the property owner or occupant.

(21) "Point of the gore" means the point of the area delineated by two solid white lines that is between a permanently constructed continuing lane of a through-roadway and a permanently constructed lane used to enter or exit the continuing lane, including similar areas between merging or splitting highways.

(22) "Property" as used in the definition of "On-Premises Sign" includes those areas from which the general public is serviced and which are directly connected with and are involved in assembling, manufacturing, servicing, or repairing of products used in the business activity. This property does not include the site of any auxiliary facilities that are not essential to and customarily used in the conduct of business, nor does it include property not contiguous to the property on which the sign is situated.

(23) "Public park" means any publicly owned land that is designed or used as a recreation area, wildlife or waterfowl refuge, or historical site.

(24) "Sale or lease sign" means any sign situated on the subject property that advertises that the property is for "sale" or "lease". This sign may not advertise any product or service unrelated to the business of selling or leasing the land upon which it is located, nor may it advertise a projected use of the land or a financing service available or being utilized in its development.

(25) "Scenic area" as used in the Act includes a scenic byway.

(26) "Transient or temporary activity" means any industrial or commercial activity, not otherwise herein excluded, that does not have a prior continuous history for a period of six months.

(27) "Visible" means capable of being seen whether or not readable, without visual aid, by a person of normal visual acuity.

(28) "Written notification" as described under Subsection 72-7-506(2)(a) is further defined to include email notification. An outdoor advertising permit holder may request in writing to receive notice via United States Postal Service.

History

KEY: signs
Date of Last Change: September 23, 2015
Notice of Continuation: May 15, 2026
Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201

Utah Admin. Code R933-2-3 Permit Required

(1) All controlled signs legally in existence prior to the effective date of the 1967 Act, or that are legally created thereafter, shall have a permit issued by the department.

History

KEY: signs
Date of Last Change: September 23, 2015
Notice of Continuation: May 15, 2026
Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201

Utah Admin. Code R933-2-4 General Requirements

(1) Permits shall be issued in accordance with the Act and as described by this rule.

(2) Permits may be issued only for signs that are to be erected in areas allowed by local, state and federal law.

(3) All permits shall be maintained in good standing with the department for the duration of the sign's existence.

(4) Until the application is considered complete by the department, the department shall not process the application.

(a) If the application is deemed incomplete by the department, the department will send a notice notifying the applicant of the deficiencies of the application.

(b) The applicant will have 30 days from the notification date to make the application complete per the instructions on the application.

(c) If the applicant does not submit the required information to make the application complete within 30 days from the notification date the application will be returned to the applicant as incomplete without being processed.

(d) During the time the applicant is completing the application, the department will not consider or review any subsequently- received New Outdoor Advertising Permit Application for the same general location, where granting one permit would preclude the other.

(e) If multiple incomplete New Outdoor Advertising Permit Applications are submitted to the Department at the same time for the same general location, and granting one permit will preclude granting any other, the first application to be completed will receive priority over any other. The Department shall serve notices of deficiencies on the applicants simultaneously.

(5) If multiple complete New Outdoor Advertising Permit Applications are submitted to the Department at the same time for the same general location, the first application received will have priority over any other.

(6) Where the local authority has issued a building permit for construction of a sign, but construction is contrary to the Act, the action of the local authority does not require the state to issue a permit.

(7) The crossing of a right-of-way line of any controlled route for access at other than an established access approach to erect, alter or maintain a sign without the written permission of the department, is unlawful.

(a) The first documented offense the permit holder will receive a warning notice.

(b) The second documented offense will result in a Notice of Agency Action.

(8) Any sign located within the controlled area of two controlled routes shall meet the spacing requirements of both highway systems.

(9) If a sign message may be read from two or more routes, one or more of which is a controlled route, the more stringent of applicable control requirements applies.

(10) New sign structure or adjusted sign structure location requires the proposed location to be staked by the applicant prior to submitting any application. The applicant shall mark the center-point(s) of the support pole(s) of the proposed location with a clearly visible stake and a ribbon. The stake shall have the sign owners name clearly identified on it.

History

KEY: signs
Date of Last Change: September 23, 2015
Notice of Continuation: May 15, 2026
Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201

Utah Admin. Code R933-2-5 Commercial and Industrial Usage Limitations for Unzoned Areas

(1) Airport runways or parking or aircraft tie down areas are not commercial or industrial activities.

(2) Farming or ranching areas or related dairy farm facilities, of whatever nature, are not commercial or industrial activities.

(3) Municipal or private golf courses or cemeteries are not commercial or industrial areas.

(4) A trailer or mobile home park, court, or facility are not commercial or industrial areas.

History

KEY: signs
Date of Last Change: September 23, 2015
Notice of Continuation: May 15, 2026
Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201

Utah Admin. Code R933-2-6 New Application Requirements

(1) The applicant shall submit a completed application on the approved departmental form (Outdoor Advertising Permit Application) in accordance with the instructions listed on the application. At a minimum, the applicant shall include the following items:

(a) Each application shall be accompanied by a valid and approved building permit or special use permit from the local governing authority, or a written statement from that authority indicating the building permit or special use permit is not required under its ordinances for the proposed sign.

(b) Written proof of lease, easement, ownership, or consent from the property owner to erect and maintain an outdoor advertising sign shall be furnished by the applicant.

(i) Proof of ownership may consist of a sworn declaration showing the landowner's name and address, the sign owner's name, and the sign location by route, milepost, address, and county; and

(ii) Proof verifying legal access to the sign location from private property, for purposes of maintaining the controlled sign, is also required.

(c) The Application's Location Sketch Addendum shall be completed and attached in accordance with the instructions contained thereon.

(d) The Application's Zoning Verification Addendum shall be completed and signed by the local zoning authority.

(e) The appropriate non-refundable new application review fee shall be submitted with the completed application.

(2) All new approved permit applications require the applicant to commence construction of the sign structure within 180 days from the date of the department approval and shall complete all work within 365 days from the date of the department approval.

(3) The final approval of the new approved permit application will not occur until (a) the applicant notifies the department of its completion and (b) the applicant has forwarded photographs to the department depicting the entire sign structure (including a photograph showing each individual sign face).

(4) It shall be the sole responsibility of the sign owner to ensure the final placement of the sign is not encroaching anywhere within the department's established right-of-way.

(5) A retroactive permit fee penalty shall be charged in addition to the non-refundable new application review fee to cover the additional administrative review and inspection costs where an applicant is seeking a state permit for an existing sign that did not have prior written approval.

History

KEY: signs
Date of Last Change: September 23, 2015
Notice of Continuation: May 15, 2026
Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201

Utah Admin. Code R933-2-7 Permit Transfer Application Requirements

(1) A permit is transferable in accordance with Utah Code Section 72-7-507.

(2) Within 90 days of the sale or transfer of ownership of a controlled sign the new sign owner shall submit a completed application on the approved departmental form (Outdoor Advertising Permit Ownership Transfer Application) in accordance with the instructions listed on the application. At a minimum, the applicant shall include the following items:

(a) The new sign owner shall provide the department proof of sign ownership.

(b) Written proof of lease, easement, ownership, or consent from the property owner to maintain an outdoor advertising sign shall be furnished by the applicant.

(i) Proof of ownership may consist of a sworn declaration showing the landowner's name and address, the sign owner's name, and the sign location by route, milepost, address, and county; and

(ii) Proof verifying legal access to the sign location from private property, for purposes of maintaining the controlled sign, is also required.

(3) The appropriate non-refundable permit transfer fee shall be submitted with the completed application.

(4) If an ownership transfer application is not submitted to the department within 90 days of the sale or transfer the new sign owner shall submit a new permit application, with the appropriate non-refundable application review fee and any corresponding late fee.

History

KEY: signs
Date of Last Change: September 23, 2015
Notice of Continuation: May 15, 2026
Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201

Utah Admin. Code R933-2-8 Sign Alteration Application Requirements

(1) Any sign alteration-related activity that is not defined as customary maintenance requires the sign owner to submit an Outdoor Advertising Sign Alteration Application.

(2) Anyone preparing to remodel a controlled sign shall submit a completed application on an approved departmental form (Outdoor Advertising Sign Alteration Application). The form shall be completed in accordance with the instructions on the application. At a minimum, the applicant shall include the following items:

(b) The Application's Location Sketch Addendum shall be completed and attached in accordance with the instructions contained thereon.

(d) Evidence from the sign owner confirming the sign owner has legal access to the sign location from private property, for purposes of alteration and maintenance of the controlled sign.

(e) The appropriate non-refundable application review fee shall be submitted with the completed application.

(3) All approved alteration(s) shall commence within 180 days from the date of the department approval and shall complete all work within 365 days from the date of the department approval.

(4) A retroactive permit fee penalty shall be charged in addition to the non-refundable application review fee to cover additional administrative and inspection costs where an applicant is seeking an alteration permit for a sign that has been altered without prior written approval.

(a) If the sign alterations are not approved the permit holder will return the sign to the original recorded approved permitted state for size and structure.

(5) A conforming or nonconforming sign that is damaged by vandalism or an act of God may be re-erected or changed, or both, upon properly completed Outdoor Advertising Sign Alteration Application and approval of the application.

(a) Nonconforming sign located on a scenic-by-way that is damaged by vandalism or an act of God may only be repaired to the original recorded approved permitted state for size and structure.

History

KEY: signs
Date of Last Change: September 23, 2015
Notice of Continuation: May 15, 2026
Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201

Utah Admin. Code R933-2-9 Permit Renewal Requirements

(1) Permits shall be renewed by the filing of a renewal application and submission of the appropriate non-refundable renewal fee before the first day of July during the designated billing cycle year.

(a) Permits not renewed by the first day of July during the designated billing cycle year are considered suspended.

(i) Suspended permits for conforming and non-conforming signs may be renewed upon submittal of the renewal application, appropriate non-refundable renewal fee, and late fee. The submittal must be received by September 30 of the current billing cycle year.

(ii) The department shall issue a Notice of Agency Action for suspended permits not renewed by September 30 of the current billing cycle year providing the sign owner a voluntary correction time frame prior to revoking the permit. The department shall provide this notice via certified mail to the sign owner as identified within the official sign inventory records maintained by the department.

(2) A renewal time extension may be provided to the sign owner upon the sign owner submitting a written request to the department before the first day of July during the designated billing cycle year. The department may approve such a time extension at the department's sole discretion. Any such extension shall not exceed 30 days in length. Additional time extensions beyond 30 days may only be considered where the department determines extraordinary circumstances exist. The time extensions are not subject to Section (1)(a) unless the sign owners do not submit payment within the 30 day extension period.

(3) The department may make renewal applications available to the sign owner 90 days prior to the first day of July during the designated billing cycle year. The department will make the renewal applications available to the sign owner no less than 30 days prior to the first day of July of the designated billing cycle year.

(4) Completion of the renewal application prior to the expiration of the existing permit shall be the sole responsibility of the sign owner.

(5) Ensuring the department has the latest billing contact information including a valid email address shall be the sole responsibility of the sign owner.

(6) By signing the renewal application the sign owner certifies the sign site is still under valid lease, easement, or consent to the sign owner, or under the ownership of the sign owner including legal access to the sign location from private property, for purposes of maintaining the controlled sign.

History

KEY: signs
Date of Last Change: September 23, 2015
Notice of Continuation: May 15, 2026
Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201

Utah Admin. Code R933-2-10 Minimum Sign Maintenance Requirements

(1) Signs shall be properly maintained.

(a) Improper maintenance includes:

(i) paint faded or peeling extensively;

(ii) message not visible or illegible;

(iii) sheets or panels loose or sagging;

(iv) structural damage, or leaning; or

(v) abandonment.

(b) A sign with any of the deficiencies listed in Subsection R933-2-10(1)(a) is not in a reasonable state of repair, is in violation of the law, and is subject to permit revocation and removal. The department shall issue a Notice of Agency Action providing the sign owner a voluntary correction time frame prior to revocation and removal. The department shall provide this notice via certified mail to the sign owner as identified within the official sign inventory records maintained by the department.

History

KEY: signs
Date of Last Change: September 23, 2015
Notice of Continuation: May 15, 2026
Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201

Utah Admin. Code R933-2-11 Outdoor Advertising Control and Permit-Related Fees

(1) All applicable outdoor advertising control and permit-related fees shall be determined in accordance with Utah Code 63J-1-504 and be contained within the department's approved fee schedule.

(2) Permit applications shall not be processed or reviewed until all applicable outdoor advertising control and permit-related fees have been paid in full.

(3) The fee for permits shall not be prorated.

History

KEY: signs
Date of Last Change: September 23, 2015
Notice of Continuation: May 15, 2026
Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201

Utah Admin. Code R933-2-12 Termination of Nonconforming Use Status

(1) The nonconforming use status of a controlled sign shall terminate and the status will become illegal under the following conditions:

(a) failure of the sign owner to respond to a Notice of Agency Action issued to renew a suspended permit;

(b) abandonment;

(c) failure to correct an identified outdoor advertising violation or failure to ask for a hearing after receiving proper notice pursuant to Section 72-7-508, failure to file a written response as required by law, or failure to appeal from an adverse decision of the department;

(d) purchase by the department under Section 72-7-510; or

(e) acquisition at any time by the department for highway construction.

History

KEY: signs
Date of Last Change: September 23, 2015
Notice of Continuation: May 15, 2026
Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201

Utah Admin. Code R933-2-13 Termination of On-Premises Status

An on-premises sign loses its on-premises status when the business or activity it advertises has ceased to exist for a period of 12 months at the site of the sign, and the message thereon is visible to the traveling public from a controlled route. The advertising copy on signs meeting this criterion may be removed at the expense of the sign owner or land owner or both without compensation to the sign or site owner as provided in Section 72-7-508 of the Act.

History

KEY: signs
Date of Last Change: September 23, 2015
Notice of Continuation: May 15, 2026
Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201

Utah Admin. Code R933-2-14 Removal of Illegal Signs

(1) Illegal or abandoned sign(s) removal from private property. The department shall provide the responsible party with a Notice of Agency Action prior to removing any illegal or abandoned sign(s) from private property.

(2) Signs placed within the state right-of-way may be removed without prior written notice.

(3) Permitted sign(s) affixed to private property that encroach on the state right-of-way may be given written notice to remove the installation from the right-of-way.

(4) The cost for the removal by department of an illegal or abandoned sign shall be assessed jointly and severally against the sign owner, landowner, occupant of the land or other responsible person, or any combination thereof, in accordance with Section 72-7- 508.

(5) Storage Charges. Illegal or abandoned signs that have been removed by the department shall be stored at the nearest department shed. An appropriate fee shall be charged for storage. The storage charges shall be in addition to the costs of the removal of the illegal or abandoned sign.

(6) Redemption and Disposal. If the illegal or abandoned sign has not been claimed and redeemed within 60 calendar days from the date of removal a designated department official shall proceed to dispose of the stored illegal or abandoned sign by either utilizing the material contained therein for department purposes or destroying the sign. A statement of the sign disposal shall be made and filed with a designated person at the department.

History

KEY: signs
Date of Last Change: September 23, 2015
Notice of Continuation: May 15, 2026
Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201

Utah Admin. Code R933-2-15 Directional Signs

(1) Directional signs allowed under Section 72-7-504 shall conform to federal standards under 23 CFR Section 750.154.

History

KEY: signs
Date of Last Change: September 23, 2015
Notice of Continuation: May 15, 2026
Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201

Utah Admin. Code R933-2-16 Official Signs

(1) Prerequisites for erection and maintenance.

(a) Prior to erection of an official sign the public agency shall submit to the Outdoor Advertising Control Program, a completed permit application on an approved departmental form (Outdoor Advertising Permit Application). The form shall be completed in accordance with the instructions on the application.

(b) The sign shall be erected off the highway right-of-way, owned and maintained by the political subdivision, and located within the zoning jurisdiction of the political subdivision.

(2) Standards, Criteria and Restrictions.

(a) Only information of general interest to the traveling public may be placed on an official sign. Commercial advertising of a particular service, product or facility is prohibited.

(b) The sign shall be within the zoning jurisdiction of the city, town, or other public agency designated by the sign.

(c) No city, town or other political subdivision of the state may erect or maintain more than one sign at each approach to the off-ramp, facing oncoming traffic at the nearest point of turn off to a city, town or other political subdivision and in no event may more than two official signs, one for each direction of travel upon the controlled highway, be erected and maintained by or for the purpose of designating a city or town or other subdivision.

(d) No official sign may be located within 2,000 feet of an interchange or intersection at grade along the interstate highway system, measured from the nearest point of pavement widening at the exit from the main traveled way.

(e) No official sign may be so illuminated as to interfere with the effectiveness of, or obscure, an official traffic sign, device, or signal.

(f) Signs that are not effectively shielded so as to prevent light from being directed at any portion of the traveled way of a controlled route, or that cause glare or impair the vision of the driver of any motor vehicle, or that otherwise interfere with any driver's operation of a motor vehicle, are prohibited.

(g) Any official sign erected or maintained under the Act and this rule may at any time be removed for cause and without compensation after a Notice of Agency Action is issued, if required. The owner of any official sign shall remove the sign at its own cost and expense.

(h) Official signs shall remain static and not be permitted or converted to digital display formats such as CEVMS signs.

(i) An Outdoor Advertising Permit for an Official Sign may not be transferred and may not display off-premises advertising.

History

KEY: signs
Date of Last Change: September 23, 2015
Notice of Continuation: May 15, 2026
Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201

Utah Admin. Code R933-2-17 Department Hearings

Any hearing regarding an application or conformance to the rule or statute for a sign shall be held in accordance with the Act, and in accordance with the Utah Administrative Procedures Act and Rule R907-1.

History

KEY: signs
Date of Last Change: September 23, 2015
Notice of Continuation: May 15, 2026
Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201

R933-5 Utah-Federal Agreement for the Control of Outdoor Advertising

Utah Admin. Code R933-5-1 Introduction

The Utah-Federal Agreement was executed by the governor of Utah and the secretary of the United States Department of Transportation's Federal Highway Administrator on January 18, 1968. It sets out the parameters by which Utah agrees to manage and regulate outdoor advertising along the federal highway system. Though never placed in the Utah Code, the legislature has ratified the governor's execution of the agreement under Section 72-7-501 (Supp. 2001).

History

KEY: outdoor advertising, interstate highways
Date of Last Change: June 4, 2002
Notice of Continuation: May 18, 2026
Authorizing, and Implemented or Interpreted Law: 72-7-501

Utah Admin. Code R933-5-2 Utah-Federal Agreement

FOR CARRYING OUT NATIONAL POLICY RELATIVE TO CONTROL OF OUTDOOR ADVERTISING IN AREAS ADJACENT TO THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS AND THE FEDERAL-AID PRIMARY SYSTEM.

THIS AGREEMENT made and entered into this 18th day of January, 1968, by and between the United states of America represented by the Secretary of Transportation acting by and through the Federal Highway Administrator, hereinafter referred to as the Administrator, and the state of Utah, acting by and through its Governor, hereinafter referred to as the State.

Witnesseth:

WHEREAS, the governor is authorized by Senate Bill No. 94, enacted by the Thirty-seventh Utah State Legislature, to enter into agreements with the Secretary of Commerce, whose functions, powers and duties in regard to highway matters have been transferred to the Secretary of Transportation by Public Law 89-760, 89th Congress, on behalf of the State of Utah to comply with Title I of the Highway Beautification Act of 1965; and

WHEREAS, Section 131(d) of Title 23, United states Code provides for agreement between the Secretary of Transportation and the several states to determine the size, lighting, and spacing of signs, displays, and devices, consistent with customary sue, which may be erected and maintained within 660 feet of the nearest edge of the right-of-way within areas adjacent to the interstate and primary systems which are zoned industrial or commercial under authority of state law or in unzoned commercial or industrial areas, which areas are also to be determined by agreement, and

WHEREAS, the purpose of said agreement is to promote the reasonable, orderly, and effective display of outdoor advertising while remaining consistent with the national policy to protect the public investment in interstate and primary highways, to promote the safety and recreational value of public travel and to preserve natural beauty; and

WHEREAS, the State of Utah elects to implement and carry out the provisions of Section 131 of Title 23, United states Code, and the national policy in order to remain eligible to receive the full amount of all federal-aid highway funds to be apportioned to such state on or after January1, 1968, under Section 104 of Title 23, United States Code.

NOW, THEREFORE, the parties hereto do mutually agree as follows:

I. Definitions

A. The term "Act" means Section 131 of Title 23, United States Code (1965), commonly referred to as Title I of the Highway Beautification act of 1965.

B. Commercial or industrial zone means those areas which are reserved for business, commerce, or trade pursuant to comprehensive local zoning ordinance or regulation, or enabling state legislation, including Highway Service areas lawfully zoned as Highway Service Zones, in which the primary use of the land is reserved for commercial and roadside services other than outdoor advertising to serve the traveling public.

C. Unzoned commercial or industrial area means those areas not zoned by state or local law, regulation or ordinance, which are occupied by one or more industrial or commercial activities, other than outdoor advertising signs, the lands along the highway for a distance of 600 feet immediately adjacent to the activities, and those lands directly opposite on the other side of the highway to the extent of the same dimensions provided those lands on the opposite side of the highway are not deemed scenic or having aesthetic value as determined by the Utah Road Commission.

All measurements shall be from the outer edge of the regularly used buildings, parking lots, storage or processing areas of the activities, and shall be along or parallel to the edge of pavement of the highway.

D. Commercial or industrial activities, for purposes of the unzoned area definition above, mean those activities generally recognized as commercial or industrial by zoning authorities in this state, except that none of the following activities shall be considered commercial or industrial:

Agricultural, forestry, grazing, farming, and related activities, including, but not limited to wayside fresh produce stands.
Transient or temporary activities.
Activities not visible from the main-traveled way.
Activities conducted in a building principally used as a residence.
Railroad tracks and minor sidings.

Should any commercial or industrial activity, which has been used in defining or delineating an unzoned area, cease to operate for a period of six continuous months, any signs located within the former unzoned area shall become non-conforming.

E. Sign means any outdoor sign, light , display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main traveled way of the interstate or federal-aid primary highway.

F. Erect means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign or sign structure.

G. Center line of the highway means a line equidistant from the edges of the median separating the main-traveled way of a divided interstate or other limited-access highway, or the center line of the main-traveled way of a non-divided highway.

H. Visible means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity.

I. Main-traveled way means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separate roadways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas.

II. Scope of Agreement

This agreement shall apply to:

A. All zoned and unzoned commercial and industrial areas within 660 feet of the nearest edge of the right-of-way of all portions of the interstate and primary systems within the State of Utah in which outdoor advertising signs, displays and devices may be visible from the main-traveled way of said system.

III. State Control

The State hereby agrees that, in all areas within the scope of this agreement, the State shall effectively control or cause to be controlled, the erection and maintenance of outdoor advertising signs, displays, and devices erected subsequent to the effective date of this agreement other than those advertising the sale or lease of the property on which they are located, or activities conducted thereon, in accordance with the following criteria:

A. In zoned and unzoned commercial and industrial areas, the criteria set forth below shall apply to signs, displays and devices erected subsequent to the effective date of this agreement.

General

THE FOLLOWING SIGNS SHALL NOT BE PERMITTED

Signs which imitate or resemble any official traffic sign, signal, or device.
Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.
Signs which are erected or maintained in such a ;manner as to obscure, or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with the driver's view of approaching, merging or intersecting traffic.

Size of Signs

No sign shall exceed the following dimensions:

(a) Maximum area - 1000 square feet

(b) Maximum height--25 feet

The area shall be measured by the outer limits of the advertising space.
A sign structure may contain no more than two facings visible and readable from the same direction on the main traveled way on any one sign structure. Whenever two facings are so positioned, neither shall exceed 325 square feet.
Back-to-back or V-type sign structures will be permitted with the maximum area being allowed for each facing; and considered as one structure and subject to spacing as herein below provided, but must be erected so that no more than two facings are visible to traffic in any one direction.

Spacing of Signs

Signs may not be located within 500 feet of any of the following which are adjacent to the highway:

(a) Public parks

(b) Public forests

(d) Cemeteries

Interstate Highways and Limited-Access Highways on the Primary System.

(a) Spacing between sign structures along each side of the highway shall be a minimum of 500 feet except that this spacing shall not apply to signs which are separated by a building or other obstruction in such a manner that only one sign located within the minimum spacing distance set forth above is visible from the highway at any one time.

(b) No sign may be located on an interstate highway or freeway within 500 feet of an interchange, or intersection at grade, or rest area (measured along the interstate highway or freeway from the sign to the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way).

Non-Limited Access Primary Highways.

The location of sign structures situated between streets, roads or highway entering into or intersecting the main traveled way shall conform to the following minimum spacing criteria to be applied separately to each side of the primary highway:

(a) Where the distance between centerlines of intersecting streets or highways is less than 1000 feet, a minimum spacing between structures of 150 feet (double-faced, V-type and/or back-to-back) may be permitted between such intersecting streets or highways.

(b) Where the distance between centerlines of intersecting streets or highways is 1000 feet or more, minimum spacing between sign structures (double-faced, V-type and/or back-to-back) shall be 300 feet.

Explanatory Notes

(a) Alleys, undeveloped rights-of-way, private roads and driveways shall not be regarded as intersecting streets, roads or highways.

(b) Only roads, streets and highways which enter directly into the main-traveled way of the primary highway shall be regarded as intersecting.

(c) Official and "on premise" signs, as defined in Section 131 (c) of Title 23, United states Code, shall not be counted nor shall measurements be made from them for purposes of determining compliance with the above spacing requirements.

(d) The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs.

Lighting

Signs may be illuminated, subject to the following restrictions:

Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited, except those giving public service information such as time, date, temperature, weather, or similar information.
Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled way of the highway and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

IV. Interpretation

The provisions contained herein shall constitute the acceptable standards for effective control of signs, displays, and devices within the scope of this agreement.

Nothing contained herein shall be construed to abrogate or prohibit a municipality from exercising a greater degree of control of outdoor advertising than that required or contemplated by the Act of from adopting standards which are more restrictive in controlling outdoor advertising than the provisions of this Agreement.

Standards and criteria contained in Section III shall apply to signs erected subsequent to the effective date of this Agreement. Existing signs in zoned and unzoned commercial or industrial areas will be considered to be conforming to said standards and criteria.

In the event the provisions of the Highway Beautification Act of 1965 are amended by subsequent action of Congress, or the provisions of Chapter 51, Section 5, Laws of Utah, 1967, are amended by subsequent action of the Utah state Legislature, the parties reserve the right to re-negotiate this Agreement or to modify it to conform with any amendment.

V. Effective Date

This agreement shall become effective when signed and executed on behalf of both the State and the Untied States of America.

IN WITNESS WHEREOF, the State has caused this Agreement to be duly executed in its behalf, and the Secretary of transportation has likewise caused the same to be duly executed in his behalf, as of the dates specified below.

History

KEY: outdoor advertising, interstate highways
Date of Last Change: June 4, 2002
Notice of Continuation: May 18, 2026
Authorizing, and Implemented or Interpreted Law: 72-7-501