Utah Code § 72-3-109 — Utah Code / Title 72 / Chapter 72-3 / § 72-3-109
§ 72-3-109. Division of responsibility with respect to state highways in cities and towns.
Status: in_force

(1) Except as provided in Subsection (3), the jurisdiction and responsibility of the department and the municipalities for state highways within municipalities is as follows: (a) The department has jurisdiction over and is responsible for the construction and maintenance of: (i) the portion of the state highway located between the back of the curb on either side of the state highway; or (ii) if there is no curb, the traveled way, its contiguous shoulders, and appurtenances. (b) The department may widen or improve state highways within municipalities. (c) (i) A municipality has jurisdiction over all other portions of the right-of-way and is responsible for construction and maintenance of the right-of-way. (ii) If a municipality grants permission for the installation of any pole, pipeline, conduit, sewer, ditch, culvert, billboard, advertising sign, or any other structure or object of any kind or character within the portion of the right-of-way under its jurisdiction: (A) the permission shall contain the condition that any installation will be removed from the right-of-way at the request of the municipality; and (B) the municipality shall cause any installation to be removed at the request of the department when the department finds the removal necessary: (I) to eliminate a hazard to traffic safety; (II) for the construction and maintenance of the state highway; or (III) to meet the requirements of federal regulations. (iii) Except as provided in Subsection (1)(h), a municipality may not install or grant permission for the installation of any pole, pipeline, conduit, sewer, ditch, culvert, billboard, advertising sign, or any other structure or object of any kind or character within the portion of the state highway right-of-way under its jurisdiction without the prior written approval of the department. (iv) The department may, by written agreement with a municipality, waive the requirement of its approval under Subsection (1)(c)(iii) for certain types and categories of installations. (d) If it is necessary that a utility, as defined in Section 72-6-116, be relocated, reimbursement shall be made for the relocation as provided for in Section 72-6-116. (e) (i) The department shall construct curbs, gutters, and sidewalks on the state highways if necessary for the proper control of traffic, driveway entrances, or drainage. (ii) If a state highway is widened or altered and existing curbs, gutters, or sidewalks are removed, the department shall replace the curbs, gutters, or sidewalks. (f) (i) The department may furnish and install street lighting systems for state highways. (ii) The municipality is responsible for the operation and maintenance of a street lighting system furnished and installed by the department, except that the department shall operate and maintain street lighting that the department furnishes and installs: (A) along an interstate highway; or (B) at a signalized intersection that includes a state highway. (iii) Notwithstanding Subsection (1)(f)(ii)(B), the municipality is responsible for the installation costs, operation, and maintenance of decorative lighting installed at the request of a municipality. (g) If new storm sewer facilities are necessary in the construction and maintenance of the state highways, the cost of the storm sewer facilities shall be borne by the state and the municipality in a proportion mutually agreed upon between the department and the municipality. (h) (i) For a portion of a state highway right-of-way for which a municipality has jurisdiction, and upon request of the municipality, the department shall grant permission for the municipality to issue permits within the state highway right-of-way, provided that: (A) the municipality gives the department seven calendar days to review and provide comments on the permit; and (B) upon the request of the department, the municipality incorporates changes to the permit as jointly agreed upon by the municipality and the department. (ii) If the department fails to provide a response as described in Subsection (1)(h)(i) within seven calendar days, the municipality may issue the permit. (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules governing the location and construction of approach roads and driveways entering the state highway. The rules shall: (i) include criteria for the design, location, and spacing of approach roads and driveways based on the functional classification of the adjacent highway, including the urban or rural nature of the area; (ii) be consistent with the "Manual on Uniform Traffic Control Devices" and the model access management policy or ordinance developed by the department under Subsection 72-2-117(8); (iii) include procedures for: (A) the application and review of a permit for approach roads and driveways including review of related site plans that have been recommended according to local ordinances; and (B) approving, modifying, denying, or appealing the modification or denial of a permit for approach roads and driveways within 45 days of receipt of the application; and (iv) require written justifications for modifying or denying a permit. (b) The department may delegate the administration of the rules to the highway authorities of a municipality. (c) In accordance with this section and Section 72-7-104, an approach road or driveway may not be constructed on a state highway without a permit issued under this section. (3) The department has jurisdiction and control over the entire right-of-way of interstate highways within municipalities and is responsible for the construction, maintenance, and regulation of the interstate highways within municipalities.
Utah Code § 72-3-107 — Utah Code / Title 72 / Chapter 72-3 / § 72-3-107
§ 72-3-107. County executive to keep plats of roads and highways.
Status: in_force

(1) The county executive of each county shall determine all county roads existing in the county and prepare and keep current plats and specific descriptions of the county roads. (2) (a) The plats and specific descriptions shall be kept on file in the office of the county clerk or recorder. (b) A county clerk or recorder may not remove a platted road from the records unless the legislative body has vacated the road after a public hearing in accordance with Section 72-3-108.
Utah Code § 72-3-111 — Utah Code / Title 72 / Chapter 72-3 / § 72-3-111
§ 72-3-111. Roads and parking spaces in connection with state institutions and areas for recreational activities.
Status: in_force

Subject to Section 72-1-303, the department is authorized to build and maintain roads: (1) leading to roads and parking spaces on the grounds of state institutions to which roads have not been designated by the Legislature; and (2) roads and parking spaces to serve areas in immediate proximity to a designated highway used for: (a) salt flat races; (b) ski meets; and (c) activities which are promoted for the general welfare.
Utah Code § 72-9-501 — Utah Code / Title 72 / Chapter 72-9 / § 72-9-501
§ 72-9-501. Construction, operation, and maintenance of ports-of-entry by the department -- Function of ports-of-entry -- Checking and citation powers of port-of-entry agents.
Status: in_force

(1) (a) The department shall construct ports-of-entry for the purpose of checking motor carriers, drivers, vehicles, and vehicle loads for compliance with state and federal laws including laws relating to: (i) driver qualifications; (ii) Title 53, Chapter 3, Part 4, Uniform Commercial Driver License Act; (iii) vehicle registration; (iv) fuel tax payment; (v) vehicle size, weight, and load; (vi) security or insurance; (vii) this chapter; (viii) hazardous material as defined under 49 U.S.C. Sec. 5102; and (ix) safety. (b) The ports-of-entry shall be located on state highways at sites determined by the department. (2) (a) The ports-of-entry shall be operated and maintained by the department. (b) A port-of-entry agent or a peace officer may check, inspect, or test drivers, vehicles, and vehicle loads for compliance with state and federal laws specified in Subsection (1). (3) (a) A port-of-entry agent or a peace officer, in whose presence an offense described in this section is committed, may: (i) issue and deliver a misdemeanor or infraction citation under Section 77-7-18; (ii) request and administer chemical tests to determine blood alcohol concentration in compliance with Section 41-6a-515; (iii) place a driver out-of-service in accordance with Section 53-3-417; and (iv) serve a driver with notice of the Driver License Division of the Department of Public Safety's intention to disqualify the driver's privilege to drive a commercial motor vehicle in accordance with Section 53-3-418. (b) This section does not grant actual arrest powers as defined in Section 77-7-1 to a port-of-entry agent who is not a peace officer or special function officer designated under Title 53, Chapter 13, Peace Officer Classifications. (4) (a) A port-of-entry agent, a peace officer, or the Division of Wildlife Resources may inspect, detain, or quarantine a conveyance or equipment in accordance with Sections 23A-10-301 and 23A-10-302. (b) The department is not responsible for decontaminating a conveyance or equipment detained or quarantined. (c) The Division of Wildlife Resources may decontaminate, as defined in Section 23A-10-101, a conveyance or equipment at the port-of-entry if authorized by the department.
Utah Code § 72-12-104 — Utah Code / Title 72 / Chapter 72-12 / § 72-12-104
§ 72-12-104. Ride-sharing arrangements -- Exemption from specified laws and rules.
Status: in_force

The following laws and rules do not apply to ride-sharing arrangements: (1) laws and rules containing insurance requirements that are specifically applicable to motor carriers or commercial vehicles; (2) laws imposing a higher standard of care on drivers or owners of motor carriers or commercial vehicles than that imposed on drivers or owners of other motor vehicles; (3) laws and rules with equipment requirements and special accident reporting requirements that are specifically applicable to motor carriers or commercial vehicles; and (4) laws imposing a tax on fuel purchased in other states by motor carriers or road user taxes on commercial buses.
Utah Code § 72-10-212 — Utah Code / Title 72 / Chapter 72-10 / § 72-10-212
§ 72-10-212. General provisions of law applicable in condemnation proceedings, issuing bonds, and levying taxes.
Status: in_force

It is the intent and purpose of this part that all provisions herein relating to the issuance of bonds and the levying of taxes for airport purposes and the condemnation for airports and airport facilities shall be construed in accordance with general provisions of the law of this state governing the right and procedure of municipalities to condemn property, issue bonds, and levy taxes.
Utah Code § 72-9-106 — Utah Code / Title 72 / Chapter 72-9 / § 72-9-106
§ 72-9-106. Exemption for public utilities from regulations establishing hours of service.
Status: in_force

(1) As used in this section, "emergency" means a condition which jeopardizes life or property or that endangers public health and safety. (2) A person who is an employee of an electrical corporation, a gas corporation, or a telephone corporation, as these corporations are defined in Section 54-2-1, is exempt from any hours of service rules and regulations for drivers while operating a public utility vehicle within the state during the emergency restoration of public utility service.
Utah Code § 72-7-207 — Utah Code / Title 72 / Chapter 72-7 / § 72-7-207
§ 72-7-207. Junkyards not adaptable to screening -- Authority of department to acquire land -- Compensation.
Status: in_force

(1) If the department determines that the topography of the land adjoining the interstate and primary systems will not permit adequate screening of junkyards or that screening would not be economically feasible, the department may acquire by gift, purchase, exchange, or eminent domain the interests in lands necessary to secure the relocation, removal, or disposal of the junkyards. (2) If the department determines that it is in the best interests of the state, it may acquire lands, or interests in lands, necessary to provide adequate screening of junkyards. (3) The acquisitions provided for in this section may not be undertaken unless: (a) the necessary federal funds for participation have been appropriated by the federal government and are immediately available to the state; and (b) the department has received approval to seek federal grants, loans, or participation in federal programs under Title 63J, Chapter 5, Federal Funds Procedures Act. (4) Damages resulting from any taking of property in eminent domain shall be ascertained in the manner provided by law. (5) Just compensation shall be paid the owner for the relocation, removal, or disposal of a junkyard lawfully established under the laws of this state and which must be relocated, removed, or disposed of under this part.
Utah Code § 72-10-121 — Utah Code / Title 72 / Chapter 72-10 / § 72-10-121
§ 72-10-121. Severability clause.
Status: in_force

If any provision of this part or its application to any person or circumstances is held invalid, this invalidity may not affect other provisions or applications of the part which can be given effect without the invalid provision or application and to this end the provisions of this part are declared to be severable.
Utah Code § 72-16-204 — Utah Code / Title 72 / Chapter 72-16 / § 72-16-204
§ 72-16-204. Amusement Ride Safety Restricted Account.
Status: in_force

(1) There is created in the General Fund a restricted account known as the "Amusement Ride Safety Restricted Account." (2) (a) The account is funded from: (i) fees collected by the committee under this chapter; (ii) money appropriated by the Legislature; and (iii) interest earned on money in the account. (b) Appropriations made from the account are nonlapsing. (3) Subject to appropriation, the committee may use the money deposited into the account to pay for the administration of this chapter.
Utah Code § 72-10-901 — Utah Code / Title 72 / Chapter 72-10 / § 72-10-901
§ 72-10-901. Definitions.
Status: in_force

As used in this part, "weapon" means: (1) a firearm as that term is defined in Section 76-11-101; or (2) an object that in the manner of the object's use or intended use is capable of causing death, bodily injury, or damage to property, as determined according to the following factors: (a) the location and circumstances in which the object is used or possessed; (b) the primary purpose for which the object is made; (c) the character of the damage, if any, the object is likely to cause; (d) the manner in which the object is used; (e) whether the manner in which the object is used or possessed constitutes a potential imminent threat to public safety; and (f) the lawful purposes for which the object may be used.
Utah Code § 72-7-103 — Utah Code / Title 72 / Chapter 72-7 / § 72-7-103
§ 72-7-103. Limitation on access authority.
Status: in_force

(1) As used in this section: (a) "Highway facility" means: (i) SR-7 as described in Section 72-4-106; (ii) SR-67 as described in Section 72-4-112; (iii) SR-85 as described in Section 72-4-114; (iv) SR-154 as described in Section 72-4-121; or (v) SR-201 as described in Section 72-4-126. (b) "Legal point of access" means an access established in accordance with applicable law: (i) before July 1, 2003; (ii) by permit issued by the highway authority; or (iii) by a deed or court order. (2) A highway authority may not deny reasonable ingress and egress to property adjoining a public highway except where: (a) the highway authority acquires right of ingress and egress by gift, agreement, purchase, eminent domain, or otherwise; or (b) no right of ingress or egress exists between the right-of-way and the adjoining property. (3) For a property adjoining a public highway that is not an interstate system or a highway facility, a highway authority may not close a legal point of access to the public highway, unless: (a) the property has reasonably equivalent access to the public highway after the legal access is closed; or (b) the highway authority acquires the legal point of access by gift, agreement, purchase, or eminent domain.
Utah Code § 72-4-114 — Utah Code / Title 72 / Chapter 72-4 / § 72-4-114
§ 72-4-114. State highways -- SR-81 to SR-90.
Status: in_force

State highways include: (1) SR-81. From Route 30 north to Fielding. (2) SR-82. From Route 102 north on 300 East Street in Tremonton to Garland; then east approximately 0.8 mile; then north to Route 13. (3) SR-83. From Route 13 in Corinne westerly to Lampo Junction; then northerly to Route 84 at Howell Interchange. (4) SR-84. From the Utah-Idaho state line near Snowville to a point on Route 15 at the Tremonton Interchange; then from another point on Route 15 near Roy to Route 80 near Echo, traversing the alignment of interstate Route 84. (5) SR-85. From Route 73 and Route 145 in Saratoga Springs northerly on Mountain View Corridor Highway to California Avenue in Salt Lake City. (6) SR-86. From Route 65 at Henefer westerly to Route 84. (7) SR-87. From Route 40 in Duchesne northerly; then easterly through Altamont; thence southeasterly through Upalco; then east to Route 40 southwest of Roosevelt. (8) SR-88. From the south end of the Green River Bridge south of Ouray northerly to Route 40 east of Ft. Duchesne. (9) SR-89. From the Utah-Arizona state line northwest of Page, Arizona, westerly to Kanab; then northerly to a junction with Route 70 near Sevier Junction; then beginning again at the junction with Route 70 south of Salina, northerly through Salina, Gunnison and Mt. Pleasant to a junction with Route 6 at Thistle Junction; beginning again at junction with Route 6 at Moark Junction northerly through Springville, Provo, Orem, and American Fork to Route 15 north of Lehi; then beginning again at a junction with Route 71 in Draper northerly through Sandy, Midvale, Murray, Salt Lake City, and Bountiful to a junction with Route 15 at the 500 west interchange; then beginning again at a junction with Route 15 at Lagoon northerly through Uintah Junction and Ogden to Route 91 near south city limits of Brigham City; then beginning again at a junction with Route 91 in Logan northeasterly to Route 30 in Garden City; then northerly to the Utah-Idaho state line. (10) SR-89A. From the Utah-Arizona state line south of Kanab northerly to Route 89 in Kanab. (11) SR-90. From Route 13 in Brigham easterly on 2nd South Street to Route 91.
Utah Code § 72-6-402 — Utah Code / Title 72 / Chapter 72-6 / § 72-6-402
§ 72-6-402. Definitions.
Status: in_force

As used in this section: (1) "Acknowledgment sign" means a sign that: (a) is intended to inform the traveling public that a highway-related service, product, or monetary contribution has been sponsored by a person, firm, or entity; and (b) meets all design and placement guidelines for acknowledgment signs as set forth in the most recent edition of the Manual on Uniform Traffic Control Devices for Streets and Highways adopted by the department in accordance with Section 41-6a-301. (2) "Sponsorship agreement" means an agreement or contract between the department or its contractors and a person, firm, or entity that includes a provision authorizing an acknowledgment of the person, firm, or entity that is providing: (a) the highway-related service or product; or (b) a monetary contribution to pay for a portion of the highway-related service or product.
Utah Code § 72-2-135 — Utah Code / Title 72 / Chapter 72-2 / § 72-2-135
§ 72-2-135. Litter Abatement Expendable Special Revenue Fund.
Status: in_force

(1) There is created an expendable special revenue fund, known as the "Litter Abatement Expendable Special Revenue Fund." (2) The fund shall consist of: (a) the landfill minimum fine for an unsecured load as described in Section 72-7-410; and (b) interest earnings on cash balances. (3) The department shall use money in the fund: (a) for litter cleanup efforts on or near highways, including highways near waste management facilities and other high-litter areas the department identifies; (b) for a public service campaign to generate awareness regarding the importance of proper transportation and disposal of waste, the negative impact of littering, and the need to maintain clean highways; (c) for increased enforcement of Sections 41-6a-1712, 41-6a-1713, and 72-7-410; and (d) for the department's costs in administering the account.
Utah Code § 72-7-508 — Utah Code / Title 72 / Chapter 72-7 / § 72-7-508
§ 72-7-508. Unlawful outdoor advertising -- Adjudicative proceedings -- Judicial review -- Costs of removal -- Civil and criminal liability for damaging regulated signs -- Immunity for Department of Transportation.
Status: in_force

(1) Outdoor advertising is unlawful when: (a) erected after May 9, 1967, contrary to the provisions of this chapter; (b) a permit is not obtained as required by this part; (c) a false or misleading statement has been made in the application for a permit that was material to obtaining the permit; (d) the sign for which a permit was issued is not in a reasonable state of repair, is unsafe, or is otherwise in violation of this part; or (e) a sign in the outdoor advertising corridor is permitted by the local zoning authority as an on-premise sign and the sign, from time to time or continuously, advertises an activity, service, event, person, or product located on property other than the property on which the sign is located. (2) The establishment, operation, repair, maintenance, or alteration of any sign contrary to this chapter is also a public nuisance. (3) Except as provided in Subsections (4) and (10), in its enforcement of this section, the department shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act. (4) (a) The district courts shall have jurisdiction to review by trial de novo all final orders of the department under this part resulting from formal and informal adjudicative proceedings. (b) Venue for judicial review of final orders of the department shall be in the county in which the sign is located. (5) If the department is granted a judgment in an action brought under Subsection (4), the department is entitled to have any nuisance abated and recover from the responsible person, firm, or corporation, jointly and severally: (a) the costs and expenses incurred in removing the sign; and (b) (i) $500 for each day the sign was maintained following the expiration of 10 days after notice of agency action was filed and served under Section 63G-4-201; (ii) $750 for each day the sign was maintained following the expiration of 40 days after notice of agency action was filed and served under Section 63G-4-201; (iii) $1,000 for each day the sign was maintained following the expiration of 70 days after notice of agency action was filed and served under Section 63G-4-201; and (iv) $1,500 for each day the sign was maintained following the expiration of 100 days after notice of agency action was filed and served under Section 63G-4-201. (6) (a) Any person, partnership, firm, or corporation who vandalizes, damages, defaces, destroys, or uses any sign controlled under this chapter without the owner's permission is liable to the owner of the sign for treble the amount of damage sustained and all costs of court, including a reasonable attorney's fee, and is guilty of a class C misdemeanor. (b) This Subsection (6) does not apply to the department, its agents, or employees if acting to enforce this part. (7) The following criteria shall be used for determining whether an existing sign within an interstate outdoor advertising corridor has as its purpose unlawful off-premise outdoor advertising: (a) whether the sign complies with this part; (b) whether the premise includes an area: (i) from which the general public is serviced according to normal industry practices for organizations of that type; or (ii) that is directly connected to or is involved in carrying out the activities and normal industry practices of the advertised activities, services, events, persons, or products; (c) whether the sign generates revenue: (i) arising from the advertisement of activities, services, events, or products not available on the premise according to normal industry practices for organizations of that type; (ii) arising from the advertisement of activities, services, events, persons, or products that are incidental to the principal activities, services, events, or products available on the premise; and (iii) including the following: (A) money; (B) securities; (C) real property interest; (D) personal property interest; (E) barter of goods or services; (F) promise of future payment or compensation; or (G) forbearance of debt; (d) whether the purveyor of the activities, services, events, persons, or products being advertised: (i) carries on hours of operation on the premise comparable to the normal industry practice for a business, service, or operation of that type, or posts the hours of operation on the premise in public view; (ii) has available utilities comparable to the normal industry practice for an entity of that type; and (iii) has a current valid business license or permit under applicable local ordinances, state law, and federal law to conduct business on the premise upon which the sign is located; (e) whether the advertisement is located on the site of any auxiliary facility that is not essential to, or customarily used in, the ordinary course of business for the activities, services, events, persons, or products being advertised; or (f) whether the sign or advertisement is located on property that is not contiguous to a property that is essential and customarily used for conducting the business of the activities, services, events, persons, or products being advertised. (8) The following do not qualify as a business under Subsection (7): (a) public or private utility corridors or easements; (b) railroad tracks; (c) outdoor advertising signs or structures; (d) vacant lots; (e) transient or temporary activities; or (f) storage of accessory products. (9) The sign owner has the burden of proving, by a preponderance of the evidence, that the advertised activity is conducted on the premise. (10) (a) (i) After issuing a written warning for a first offense of Subsection (1)(b) or (e), the department may issue a citation to a person who has violated Subsection (1)(b) or (e). (ii) If the department issues a citation as described in Subsection (10)(a)(i), the department may impose a fine not to exceed $500. (iii) A fine imposed under Subsection (10)(a)(ii) shall be deposited in the Transportation Fund. (b) If the department has issued two or more notices of violation of or a citation for a violation of Subsection (1)(b) or (e) for an existing sign within the last three years, the department may bring an action to enforce in any state court of competent jurisdiction against a person, firm, or corporation that satisfies one or more of the following prerequisites: (i) has a present ownership interest in the sign; (ii) had an ownership interest in the sign on one or more of the days the sign was in violation of Subsection (1)(b) or (e); (iii) has a present ownership interest in the property upon which the sign is located, or in a unified commercial development as defined in Section 72-7-504.6; (iv) had an ownership interest in the property upon which the sign is located, or in a unified commercial development as defined in Section 72-7-504.6, on one or more of the days the sign was in violation of Subsection (1)(b) or (e); (v) received or became entitled to receive compensation in any form for the unlawful outdoor advertising; or (vi) solicited the advertising. (c) In an action under Subsection (10)(b): (i) the provisions of Subsections (7) and (8) apply; and (ii) the defendants have the burden of proving, by a preponderance of the evidence, that the advertising in question is lawful under this part. (d) If the department is granted judgment in an action under this Subsection (10), the department is entitled to recover from the defendants, jointly and severally, $1,500 for each day on which the sign was used for unlawful off-premises outdoor advertising. (e) (i) Subject to Subsection (10)(e)(ii), for purposes of calculating the number of days on which the sign was used for unlawful off-premises outdoor advertising as described in Subsection (10)(d), the department shall count each day that the sign was maintained after the first notice of agency action was filed and served under Section 63G-4-201. (ii) For purposes of calculating the number of days on which the sign was used for unlawful off-premises outdoor advertising as described in Subsection (10)(d), if a sign was modified, removed, disabled, or relocated after the receipt of notice of violation, and thereafter, prior to judgment, was reinstalled, relocated, substituted, or reactivated in an unlawful manner, the department shall count each day that the sign was maintained after the first notice of agency action was filed and served under Section 63G-4-201. (iii) The calculations described in Subsections (10)(e)(i) and (ii) are only applicable for actions taken for violations of this Subsection (10) for which: (A) the owner of the sign was never issued an off-premise outdoor advertising permit; and (B) at least one condition described in Subsection (7) exists.
Utah Code § 72-4-122 — Utah Code / Title 72 / Chapter 72-4 / § 72-4-122
§ 72-4-122. State highways -- SR-161 to SR-165, SR-167, SR-168.
Status: in_force

State highways include: (1) SR-161. From Route 70 near Cove Fort northwesterly to Route 15. (2) SR-162. From Route 191 in Bluff easterly to the Utah-Colorado state line. (3) SR-163. From the Utah-Arizona state line southwest of Mexican Hat northeasterly to Route 191 near Bluff. (4) SR-164. From Route 15 southwest of Spanish Fork easterly to Route 198 one-half mile south of Spanish Fork. (5) SR-165. From Paradise northerly through Hyrum and Nibley to Route 91 in Logan. (6) SR-167. From Route 84 near Mountain Green northerly on Trappers Loop Road to Route 39 south of Huntsville. (7) SR-168. From the north entrance of Hill Air Force Base northerly to Route 60 in Riverdale.
Utah Code § 72-12-109 — Utah Code / Title 72 / Chapter 72-12 / § 72-12-109
§ 72-12-109. Wage and hour regulations unaffected by ride-sharing.
Status: in_force

The fact that an employee participates in any kind of ride-sharing arrangement does not affect the application of any laws requiring payment of a minimum wage or overtime pay or otherwise regulating the hours a person may work.
Utah Code § 72-10-131 — Utah Code / Title 72 / Chapter 72-10 / § 72-10-131
§ 72-10-131. Tax-exempt status of Civil Air Patrol equipment.
Status: in_force

Equipment, aircraft and vehicles owned by the civil air patrol and used for the emergency service needs of the state of Utah are given tax-exempt status.
Utah Code § 72-1-201 — Utah Code / Title 72 / Chapter 72-1 / § 72-1-201
§ 72-1-201. Creation of Department of Transportation -- Functions, powers, duties, rights, and responsibilities.
Status: in_force

(1) There is created the Department of Transportation which shall: (a) have the general responsibility for planning, research, design, construction, maintenance, security, and safety of state transportation systems; (b) provide administration for state transportation systems and programs; (c) implement the transportation policies of the state; (d) plan, develop, construct, and maintain state transportation systems that are safe, reliable, environmentally sensitive, and serve the needs of the traveling public, commerce, and industry; (e) establish standards and procedures regarding the technical details of administration of the state transportation systems as established by statute and administrative rule; (f) advise the governor and the Legislature about state transportation systems needs; (g) coordinate with utility companies for the reasonable, efficient, and cost-effective installation, maintenance, operation, relocation, and upgrade of utilities within state highway rights-of-way; (h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules for the administration of the department, state transportation systems, and programs; (i) jointly with the commission annually report to the Transportation Interim Committee, by November 30 of each year, as to the operation, maintenance, condition, mobility, safety needs, and wildlife and livestock mitigation for state transportation systems; (j) ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required: (i) under this title; (ii) by the department; or (iii) by an agency or division within the department; (k) study and make recommendations to the Legislature on potential managed lane use and implementation on selected transportation systems within the state; (l) before July 1 of each year, coordinate with the Utah Highway Patrol Division created in Section 53-8-103 regarding: (i) future highway projects that will add additional capacity to the state transportation system; (ii) potential changes in law enforcement responsibilities due to future highway projects; and (iii) incident management services on state highways; (m) provide public transit services, in consultation with any relevant public transit provider; (n) implement a public service campaign as described in Section 72-2-135, in coordination with relevant stakeholders including permitted landfills and transfer stations, to generate public awareness regarding the importance of proper transportation and disposal of waste and maintaining clean roads and highways; and (o) in coordination with a large public transit district, provide for leasing and other services that generate revenue in connection with public transit facilities and services that serve the Cottonwood Canyons area of Salt Lake County. (2) For a proposed transportation project that includes a gondola in the Cottonwood Canyons area of Salt Lake County for which the department has completed an environmental impact statement, the department may only construct the project in the phasing sequence as provided in the record of decision associated with the environmental impact statement. (3) (a) The department shall exercise reasonable care in designing, constructing, and maintaining a state highway in a reasonably safe condition for travel. (b) Nothing in this section shall be construed as: (i) creating a private right of action; or (ii) expanding or changing the department's common law duty as described in Subsection (3)(a) for liability purposes.
Utah Code § 72-4-205 — Utah Code / Title 72 / Chapter 72-4 / § 72-4-205
§ 72-4-205. Ram Boulevard.
Status: in_force

(1) There is established Ram Boulevard comprising a section of Route 118 in Monroe from 1450 West along 100 South to Main Street. (2) In addition to other official designations, the Department of Transportation shall designate the portions of the highway identified in Subsection (1) as Ram Boulevard.
Utah Code § 72-9-705 — Utah Code / Title 72 / Chapter 72-9 / § 72-9-705
§ 72-9-705. Disposition of fees and civil fines.
Status: in_force

All fees and civil fines received and collected under this chapter shall be transmitted daily to the state treasurer and deposited in the Transportation Fund.
Utah Code § 72-10-206 — Utah Code / Title 72 / Chapter 72-10 / § 72-10-206
§ 72-10-206. Payment by appropriation or sale of bonds.
Status: in_force

The purchase price or award for real property acquired, in accordance with the provisions of this part, for an airport or landing field may be paid for by appropriation of money available for the property or wholly or partly from the proceeds of the sale of bonds of the county, municipality, or other political subdivision, as the legislative body of the political subdivision shall determine, subject to the adoption of a proposition at a regular or special election, if the adoption of a proposition is a prerequisite to the issuance of bonds of the political subdivision for public purposes generally.
Utah Code § 72-19-203 — Utah Code / Title 72 / Chapter 72-19 / § 72-19-203
§ 72-19-203. Statewide digital connectivity plan.
Status: in_force

As used in this section: (1) "Broadband commission" means the Utah Broadband Center Advisory Commission created in Section 36-29-109. (2) "Strategic plan" means the statewide digital connectivity plan created in accordance with Subsections (3) and (4). (3) The broadband center shall develop the strategic plan. (4) The strategic plan shall include strategies to: (a) implement broadband connectivity statewide; (b) promote digital access throughout the state; (c) apply for federal infrastructure funds; and (d) apply for additional funds. (5) In developing the strategic plan, the broadband center shall work with the broadband commission. (6) The broadband center shall submit the strategic plan to the broadband commission for the broadband commission's recommendation before finalizing the strategic plan. (7) On or before October 1 of each year, the broadband center shall report to the broadband commission and the Public Utilities, Energy, and Technology Interim Committee regarding status updates.
Utah Code § 72-7-401 — Utah Code / Title 72 / Chapter 72-7 / § 72-7-401
§ 72-7-401. Application of size, weight, and load limitations for vehicles -- Exceptions.
Status: in_force

(1) (a) Except as provided in Subsection (2), the maximum size, weight, and load limitations on vehicles under this part apply to all highways throughout the state. (b) Local authorities may not alter the limitations except as expressly provided under Sections 41-6a-204 and 72-7-408. (2) Except as specifically made applicable, the size, weight, and load limitations in this chapter do not apply to: (a) fire-fighting apparatus; (b) highway construction and maintenance equipment being operated at the site of maintenance or at a construction project as authorized by a highway authority; (c) highway construction and maintenance equipment temporarily being operated between a material site and a highway maintenance site or a highway construction project if: (i) the section of any highway being used is not located within a county of the first or second class; (ii) authorized for a specific highway project by the highway authority having jurisdiction over each highway being used; (iii) the distance between the material site and maintenance site or highway construction project does not exceed 10 miles; and (iv) the operator carries in the vehicle written verification of the authorization from the highway authority having jurisdiction over each highway being used; (d) implements of husbandry incidentally moved on a highway while engaged in an agricultural operation or incidentally moved for repair or servicing, subject to the provisions of Section 72-7-407; (e) vehicles transporting logs or poles from forest to sawmill: (i) when required to move upon a highway other than the national system of interstate and defense highways; (ii) if the gross vehicle weight does not exceed 80,000 pounds; and (iii) the vehicle or combination of vehicles are in compliance with Subsections 72-7-404(1) and (2)(a); and (f) tow trucks or towing vehicles under emergency conditions when: (i) it becomes necessary to move a vehicle, combination of vehicles, special mobile equipment, or objects to the nearest safe area for parking or temporary storage; (ii) no other alternative is available; and (iii) the movement is for the safety of the traveling public. (3) (a) Except when operating on the national system of interstate and defense highways, a motor vehicle carrying livestock as defined in Section 4-1-109, or a motor vehicle carrying raw grain if the grain is being transported by the farmer from his farm to market prior to bagging, weighing, or processing, may exceed by up to 2,000 pounds the tandem axle weight limitations specified under Section 72-7-404 without obtaining an overweight permit under Section 72-7-406. (b) Subsection (3)(a) is an exception to Sections 72-7-404 and 72-7-406.
Utah Code § 72-6-108 — Utah Code / Title 72 / Chapter 72-6 / § 72-6-108
§ 72-6-108. Class B and C roads -- Improvement projects -- Notice -- Contracts -- Retainage.
Status: in_force

(1) A county executive for class B roads and the municipal executive for class C roads shall cause plans, specifications, and estimates to be made prior to the construction of any improvement project, as defined in Section 72-6-109, on a class B or C road if the estimated cost for any one project exceeds the bid limit as defined in Section 72-6-109 for labor, equipment, and materials. (2) (a) All projects in excess of the bid limit shall be performed under contract to be let to the lowest responsible bidder. (b) If the estimated cost of the improvement project exceeds the bid limit for labor, equipment, and materials, the project may not be divided to permit the construction in parts, unless each part is done by contract. (3) The advertisement on bids shall be published for the county, as a class A notice under Section 63G-30-102, for three weeks. (4) The county or municipal executive or their designee shall receive sealed bids and open the bids at the time and place designated in the advertisement. The county or municipal executive or their designee may then award the contract but may reject any and all bids. (5) The person, firm, or corporation that is awarded a contract under this section is subject to the provisions of Title 63G, Chapter 6a, Utah Procurement Code. (6) If any payment on a contract with a private contractor for construction or improvement of a class B or C road is retained or withheld, the payment shall be retained or withheld and released as provided in Section 13-8-5.
Utah Code § 72-11-214 — Utah Code / Title 72 / Chapter 72-11 / § 72-11-214
§ 72-11-214. Passenger ropeways -- Not common carriers or public utilities -- Cooperative agreement with United States Forest Service.
Status: in_force

(1) Passenger ropeways are not common carriers or public utilities. (2) To avoid duplicate effort by authorities having jurisdiction over passenger ropeways on National Forest System land in the state, the committee may enter into a cooperative agreement with the United States Forest Service to establish reasonable standards for design, construction, maintenance, operational practices, and inspection. (3) Upon application for registration of a passenger tramway, the operator shall pay to the committee a reasonable inspector's fee, plus a surcharge, that would have been charged had the inspection been made by the committee and its inspectors.
Utah Code § 72-4-119 — Utah Code / Title 72 / Chapter 72-4 / § 72-4-119
§ 72-4-119. State highways -- SR-131 to SR-140.
Status: in_force

State highways include: (1) SR-131. From Route 85 in Herriman easterly and northerly on Porter Rockwell Boulevard to Route 140 in Bluffdale. (2) SR-132. From Route 6 in Lynndyl northeasterly through Leamington to Nephi; then southeasterly through Fountain Green and Moroni to Route 89 at Pigeon Hollow Junction. (3) SR-133. From Kanosh south city limits north through Meadow to Route 15 north of Meadow. (4) SR-134. From Route 37 at Kanesville northerly to Plain City; then easterly to Route 235 in North Ogden. (5) SR-135. From 2800 West in Lindon easterly via Pleasant Grove Boulevard to Route 129 in Pleasant Grove. (6) SR-136. From a junction with Route 50 and 125 east of Delta north to Route 6. (7) SR-137. From Route 89 in Gunnison easterly to Mayfield; then northerly to Route 89. (8) SR-138. From Route 80 at Stansbury Interchange southeasterly through Grantsville to Route 179 in Tooele County. (9) SR-139. From Route 6 northerly to Route 157 near Spring Glen. (10) SR-140. From 800 West in Bluffdale easterly on 14600 South to the on and off access ramps on the east side of Route 15.
Utah Code § 72-2-304 — Utah Code / Title 72 / Chapter 72-2 / § 72-2-304
§ 72-2-304. Loan program procedures -- Repayment.
Status: in_force

(1) A public entity within a county of the first class may obtain an infrastructure loan from the department, upon approval by the commission, by entering into a loan contract with the department secured by legally issued bonds, notes, or other evidence of indebtedness validly issued under state law, including pledging all or any portion of a revenue source controlled by the public entity to the repayment of the loan. (2) A loan or assistance from the fund shall bear interest at a rate not to exceed .5% above bond market interest rates available to the state. (3) A loan shall be repaid no later than 20 years from the date the department issues the loan to the borrower, with repayment commencing no later than: (a) when the project is completed; or (b) in the case of a highway project, when the facility has opened to traffic. (4) The public entity shall repay the infrastructure loan in accordance with the loan contract from any of the following sources: (a) transportation project or publicly owned infrastructure project revenues, including special assessment revenues; (b) general funds of the public entity; (c) money withheld under Subsection (7); or (d) any other legally available revenues. (5) An infrastructure loan contract with a public entity may provide that a portion of the proceeds of the loan may be applied to fund a reserve fund to secure the repayment of the loan. (6) Before obtaining an infrastructure loan, a county or municipality shall: (a) publish its intention to obtain an infrastructure loan at least once in accordance with the publication of notice requirements under Section 11-14-316; and (b) adopt an ordinance or resolution authorizing the infrastructure loan. (7) (a) If a public entity fails to comply with the terms of a public entity's infrastructure loan contract, the department may seek any legal or equitable remedy to obtain compliance or payment of damages. (b) If a public entity fails to make infrastructure loan payments when due, the state shall, at the request of the department, withhold an amount of money due to the public entity and deposit the withheld money into the fund to pay the amounts due under the contract. (c) The department may elect when to request the withholding of money under this Subsection (7). (8) All loan contracts, bonds, notes, or other evidence of indebtedness securing the loan contracts shall be held, collected, and accounted for in accordance with Section 63B-1b-202. (9) For any money received into the fund for repayment of a loan as described in this section, the department shall distribute the repaid money as described in Section 72-2-306.
Utah Code § 72-6-116 — Utah Code / Title 72 / Chapter 72-6 / § 72-6-116
§ 72-6-116. Regulation of utilities -- Relocation of utilities.
Status: in_force

(1) As used in this section: (a) "Cost of relocation" includes the entire amount paid by the utility company properly attributable to the relocation of the utility after deducting any increase in the value of the new utility and any salvage value derived from the old utility. (b) "Department project" means: (i) a state highway project, including the construction of a proposed state highway and the improvement, widening, or modification of an existing state highway; or (ii) a fixed guideway capital development project for which the department has oversight and supervision, including a transit station, passenger loading or unloading zone, parking lot, or other facility that is constructed or reconstructed immediately adjacent to a fixed guideway that is part of a fixed guideway capital development project. (c) "Exempt water supplier" means an entity that directly or indirectly supplies at least a portion of the entity's water for culinary purposes to the public for municipal, domestic, or industrial use, and is: (i) a water corporation, as defined in Section 54-2-1, that is regulated by the Public Service Commission; or (ii) a community water system: (A) that either supplies water to at least 100 service connections used by year-round residents, or regularly serves at least 200 year-round residents; and (B) whose voting members own a share in the community water system, receive water from the community water system in proportion to the member's share in the community water system, and pay the rate set by the community water system based on the water the member receives. (d) "Utility" includes telecommunication, crude oil, petroleum products, gas, electricity, cable television, water, sewer, data, and video transmission lines, drainage and irrigation facilities, and other similar utilities whether public, private, or cooperatively owned. (e) "Utility company" means a privately, cooperatively, or publicly owned utility, including utilities owned by political subdivisions. (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules for the installation, construction, maintenance, repair, renewal, system upgrade, and relocation of all utilities. (b) If the department determines under the rules established in this section that it is necessary that any utilities should be relocated, notwithstanding any other provision of this section: (i) the utility company owning or operating the utilities shall relocate the utilities after receiving an order of the department; and (ii) the cost allocations described in Subsection (3) shall apply. (3) (a) The department shall pay 100% of the cost of relocation of a utility to accommodate construction of a department project if the: (i) utility is owned or operated by: (A) a political subdivision of the state; or (B) an exempt water supplier; (ii) utility company owns the easement or fee title to the right-of-way in which the utility is located; or (iii) utility is located in a public utility easement as defined in Section 54-3-27. (b) Except as provided in Subsection (3)(a), (c), or (d) or Section 54-21-603, the department shall pay 50% of the cost of relocation of a utility to accommodate construction of a department project, and the utility company shall pay the remainder of the cost of relocation. (c) Subject to Subsection (3)(e), if a utility company is responsible to pay for a portion of a utility relocation as described in Subsection (3)(b): (i) the utility shall pay the lesser of: (A) 50% of the cost of relocation of the utility to accommodate construction of a department project; or (B) 50% of the cost of any structure or facility necessary to avoid impinging on the utility; (ii) the department shall pay the remainder of the cost, which is the total cost less the portion paid by the utility under Subsection (3)(c)(i); and (iii) the department shall make the final decision whether to proceed under: (A) Subsection (3)(c)(i)(A); or (B) Subsection (3)(c)(i)(B). (d) This Subsection (3) does not affect the provisions of Subsection 72-7-108(5). (e) (i) If the department or a large public transit district has entered into a written agreement with a utility before May 1, 2024, pertaining to the use of right-of-way by the utility and relocation costs, the department and the utility shall abide by the terms of the agreement when constructing a fixed guideway capital development project. (ii) If the department has entered into a written agreement with a utility pertaining to the use of right-of-way by the utility and relocation costs, the department and the utility shall abide by the terms of the agreement when constructing a department project. (4) If a utility is relocated, the utility company owning or operating the utility, its successors or assigns, may maintain and operate the utility, with the necessary appurtenances, in the new location. (5) In accordance with this section, the cost of relocating a utility in connection with any department project is a cost of construction for the department project. (6) (a) The department shall notify affected utility companies, in accordance with Section 54-3-29, whenever the relocation of utilities is likely to be necessary because of a department project. (b) The notification shall be made during the preliminary design of the project or as soon as practical in order to minimize the number, costs, and delays of utility relocations. (c) When the department notifies a utility company under this Subsection (6): (i) the utility shall coordinate and cooperate with the department and the department's contractor on the utility relocations, including the scheduling of the utility relocations; and (ii) the department and the utility shall strive to identify conflicts, minimize utility relocation costs and operational impacts, minimize department project costs and delays, and coordinate and cooperate with one another.
Utah Code § 72-6-403 — Utah Code / Title 72 / Chapter 72-6 / § 72-6-403
§ 72-6-403. Highway sponsorship program -- Sponsorship advertisement restrictions -- Rulemaking.
Status: in_force

(1) The department may establish a sponsorship program to allow for private sponsorship of the following department operational activities or other highway-related services or programs: (a) traveler information; (b) rest areas; and (c) courtesy patrol services. (2) All revenue generated from a sponsorship authorized by this section shall be deposited into the Transportation Fund created by Section 72-2-102 to be used to: (a) offset costs associated with providing the service being sponsored; and (b) support costs associated with operation and maintenance of the state highway system. (3) (a) The department shall adopt a policy on sponsorship agreements that is applicable to all department operational activities or other highway-related services within the state described in Subsection (1). (b) The policy described in Subsection (3)(a) shall: (i) include language requiring the department to terminate a sponsorship agreement if it determines the sponsorship agreement or acknowledgment sign: (A) presents a safety concern; (B) interferes with the free and safe flow of traffic; or (C) is not in the public interest; and (ii) describe the sponsors and sponsorship agreements that are acceptable and consistent with applicable state and federal laws. (4) A sponsorship authorized by this section: (a) may not contain: (i) promotion of any substance or activity that is illegal for minors, such as alcohol, tobacco, drugs, or gambling; (ii) promotion of any political party, candidate, or issue; or (iii) sexual material; (b) may not resemble a traffic-control device as defined in Section 41-6a-102; and (c) shall comply with federal outdoor advertising regulations in accordance with 23 U.S.C. Sec. 131. (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make and enforce rules governing: (a) the placement and size restrictions for acknowledgment signs at rest areas; and (b) other size, placement, and content restrictions that the department determines are necessary. (6) A commercial advertiser that enters a sponsorship agreement with the department for the use of space for a sponsorship shall pay: (a) the cost of placing the sponsorship advertisement on a sign; and (b) for the removal of the sponsorship advertisement after the term of the sponsorship agreement has expired.
Utah Code § 72-8-104 — Utah Code / Title 72 / Chapter 72-8 / § 72-8-104
§ 72-8-104. Funding priorities by county and municipality officials -- Factors.
Status: in_force

(1) A county or municipality may use a portion of the county's or municipality's B and C road funds for pedestrian and bicyclist safety devices under this part. (2) The county legislative body of the counties and the governing officials of participating municipalities may establish funding priorities relating to construction of curbs, gutters, sidewalks, or other pedestrian and bicyclist safety construction, with funds permitted to be expended by this part, based on : (a) existing useable rights-of-way; (b) vehicle-pedestrian and vehicle-bicyclist accident experience; (c) average daily vehicle traffic; (d) average daily pedestrian and bicyclist traffic; (e) average daily school age pedestrian and bicyclist traffic; (f) speed of vehicle traffic; (g) proximity to public transit; and (h) other relevant factors. (3) All construction performed under this part shall be barrier free to wheelchairs at crosswalks and intersections.
Utah Code § 72-6-301 — Utah Code / Title 72 / Chapter 72-6 / § 72-6-301
§ 72-6-301. Title.
Status: in_force

This part is known as the "Approval of Highway Facilities on Sovereign Lands Act."
Utah Code § 72-10-413 — Utah Code / Title 72 / Chapter 72-10 / § 72-10-413
§ 72-10-413. Purchase or condemnation of air rights or navigation easements.
Status: in_force

A political subdivision owning the airport, whether or not the airport is located within the territorial limits of the political subdivision, or a political subdivision that is served by the airport may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, an air right, an avigation easement, or other estate or interest in the property or nonconforming structure or use in question if: (1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or use; (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport land use regulations under this part; or (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations.
Utah Code § 72-2-110 — Utah Code / Title 72 / Chapter 72-2 / § 72-2-110
§ 72-2-110. Funds allocated to class B and class C roads -- Matching federal funds -- R.S. 2477 rights.
Status: in_force

A county or municipality may: (1) use funds which are allocated to class B and class C roads for matching federal funds for the construction of secondary roads now available or which may later become available in accordance with the provisions of law; (2) use funds for construction of a park-and-ride facility; and (3) use up to 30% of the class B and class C road funds allocated to the county or municipality to: (a) pay the costs of asserting, defending, or litigating local government rights under R.S. 2477 on class B, class C, or class D roads; or (b) maintain class D roads.
Utah Code § 72-7-510 — Utah Code / Title 72 / Chapter 72-7 / § 72-7-510
§ 72-7-510. Existing outdoor advertising not in conformity with part -- Procedure -- Eminent domain -- Compensation -- Relocation.
Status: in_force

(1) As used in this section, "nonconforming sign" means a sign that has been erected in a zone or area other than commercial or industrial or where outdoor advertising is not permitted under this part. (2) (a) The department may acquire by gift, purchase, agreement, exchange, or eminent domain, any existing outdoor advertising and all property rights pertaining to the outdoor advertising which were lawfully in existence on May 9, 1967, and which by reason of this part become nonconforming. (b) If the department, or any town, city, county, governmental entity, public utility, or any agency or the United States Department of Transportation under this part, prevents the maintenance as defined in Section 72-7-502, or requires that maintenance of an existing sign be discontinued, the sign in question shall be considered acquired by the entity and just compensation will become immediately due and payable. (c) Eminent domain shall be exercised in accordance with the provision of Title 78B, Chapter 6, Part 5, Eminent Domain. (3) (a) Just compensation shall be paid for outdoor advertising and all property rights pertaining to the same, including the right of the landowner upon whose land a sign is located, acquired through the processes of eminent domain. (b) For the purposes of this part, just compensation shall include the consideration of damages to remaining properties, contiguous and noncontiguous, of an outdoor advertising sign company's interest, which remaining properties, together with the properties actually condemned, constituted an economic unit. (c) The department is empowered to remove signs found in violation of Section 72-7-508 without payment of any compensation. (4) Except as specifically provided in this section or Section 72-7-513, this part may not be construed to permit a person to place or maintain any outdoor advertising adjacent to any interstate or primary highway system which is prohibited by law or by any town, city, or county ordinance. Any town, city, county, governmental entity, or public utility which requires the removal, relocation, alteration, change, or termination of outdoor advertising shall pay just compensation as defined in this part and in Title 78B, Chapter 6, Part 5, Eminent Domain. (5) Except as provided in Section 72-7-508, no sign shall be required to be removed by the department nor sign maintenance as described in this section be discontinued unless at the time of removal or discontinuance there are sufficient funds, from whatever source, appropriated and immediately available to pay the just compensation required under this section and unless at that time the federal funds required to be contributed under 23 U.S.C., Sec. 131, if any, with respect to the outdoor advertising being removed, have been appropriated and are immediately available to this state. (6) (a) If any outdoor advertising use, structure, or permit may not be continued because of the widening, construction, or reconstruction along an interstate, federal aid primary highway existing as of June 1, 1991, or national highway systems highway, the owner shall have the option to relocate and remodel the use, structure, or permit to another location: (i) within the same municipality or unincorporated county: (A) on the same property; (B) on adjacent property; (C) on either side of the same highway; or (D) mutually agreed upon by the owner and the county or municipality in which the use, structure, or permit is located; or (ii) within a different municipality or unincorporated county mutually agreed upon by the owner and the different municipality or county. (b) The relocation under Subsection (6)(a) shall be in a commercial or industrial zoned area or where outdoor advertising is permitted under this part. (c) The county or municipality in which the use or structure is located or is to be relocated as described in Subsection (6)(a) shall, if necessary, provide for the relocation and remodeling by ordinance for a special exception to its zoning ordinance. (d) The relocated and remodeled use or structure may be: (i) erected to a height and angle to make it clearly visible to traffic on the main-traveled way of the highway to which it is relocated or remodeled; (ii) the same size and at least the same height as the previous use or structure, but the relocated use or structure may not exceed the size and height permitted under this part; (iii) relocated to a comparable vehicular traffic count. (7) (a) The governmental entity, quasi-governmental entity, or public utility that causes the need for the outdoor advertising relocation or remodeling as provided in Subsection (6)(a) shall pay the costs related to the relocation, remodeling, or acquisition. (b) If a governmental entity prohibits the relocation and remodeling as provided in Subsection (6)(a)(i), it shall pay just compensation as provided in Subsection (3).
Utah Code § 72-2-107 — Utah Code / Title 72 / Chapter 72-2 / § 72-2-107
§ 72-2-107. Appropriation from Transportation Fund -- Apportionment for class B and class C roads.
Status: in_force

(1) There is appropriated to the department from the Transportation Fund annually an amount equal to 30% of an amount which the director of finance shall compute in the following manner: The total revenue deposited into the Transportation Fund during the fiscal year from state highway-user taxes and fees, minus those amounts appropriated or transferred from the Transportation Fund during the same fiscal year to: (a) the Department of Public Safety; (b) the State Tax Commission; (c) the Division of Finance; (d) the Utah Travel Council; (e) except as provided in Section 72-1-213.2, the road usage charge program created in Section 72-1-213.1; and (f) any other amounts appropriated or transferred for any other state agencies not a part of the department. (2) (a) Except as provided in Subsections (2)(b) and (c), all of the money appropriated in Subsection (1) shall be apportioned among counties and municipalities for class B and class C roads as provided in this title. (b) The department shall annually transfer $500,000 of the amount calculated under Subsection (1) to the State Park Access Highways Improvement Program created in Section 72-3-207. (c) Administrative costs of the department to administer class B and class C roads shall be paid from funds calculated under Subsection (1). (3) At least quarterly the department shall make the necessary accounting entries to transfer the money appropriated under this section for class B and class C roads. (4) The funds appropriated for class B and class C roads shall be expended under the direction of the department as the Legislature shall provide.
Utah Code § 72-4-132 — Utah Code / Title 72 / Chapter 72-4 / § 72-4-132
§ 72-4-132. State highways -- SR-261, SR-262, SR-264 to SR-266, and SR-268 to SR-270.
Status: in_force

State highways include: (1) SR-261. From Route 163 north of Mexican Hat to Route 95 east of Natural Bridges National Monument. (2) SR-262. From Route 191 approximately 11 miles north of Bluff easterly and southerly to Route 162 in Montezuma Creek. (3) SR-264. From Route 31 easterly through Flat Canyon and Eccles Canyon to Route 96 south of Scofield. (4) SR-265. From Route 114 near Twelfth South Street in Orem southeasterly to Route 189 in Provo. (5) SR-266. From Route 215 easterly on Forty-seventh South Street and Forty-fifth South Street to Route 215. (6) SR-268. From Route 15 easterly on 600 North Street to Route 89 in Salt Lake City. (7) SR-269. From Route 15 easterly on Fifth and Sixth South Streets to Route 89 in Salt Lake City, providing one-way couplets. (8) SR-270. From 900 South northerly on West Temple Street to Route 89 in Salt Lake City.
Utah Code § 72-2-112 — Utah Code / Title 72 / Chapter 72-2 / § 72-2-112
§ 72-2-112. Transportation department authorized to participate in federal program -- Prohibition against spending certain transportation funds.
Status: in_force

(1) Notwithstanding any law to the contrary, the department is empowered to participate in the deferred payment program authorized by Congress in Public Law 94-30. (2) Any indebtedness incurred by the department under this section shall be paid from state transportation funds as appropriated. (3) (a) As used in this Subsection (3): (i) "Apportioned" means divided or assigned among the states based on a prescribed formula established in 23 U.S.C. (ii) "Authorization act" means an act of Congress enacted after July 1, 2009 that authorizes transportation programs from the Highway Trust Fund established in 26 U.S.C. Sec. 9503. (b) The state, including any agency, department, or division of the state, may not spend project-specific funds that are allocated through an authorization act for a transportation-related project that is eligible for funds apportioned to the state in support of the statewide transportation improvement program unless the specified project is included on the statewide transportation improvement program.
Utah Code § 72-3-104 — Utah Code / Title 72 / Chapter 72-3 / § 72-3-104
§ 72-3-104. City streets -- Class C roads -- Construction and maintenance.
Status: in_force

(1) City streets comprise: (a) highways, roads, circulator alleys, and streets within the corporate limits of the municipalities that are not designated as class A state roads or as class B roads; and (b) those highways, roads, and streets located within a national forest and constructed or maintained by the municipality under agreement with the appropriate federal agency. (2) City streets are class C roads. (3) Except for city streets within counties of the first and second class, as classified under Section 17-60-104, the state and city have joint undivided interest in the title to all rights-of-way for all city streets. (4) The municipal governing body exercises sole jurisdiction and control of the city streets within the municipality. (5) The department shall cooperate with the municipal legislative body in the construction and maintenance of the class C roads within each municipality. (6) The municipal legislative body shall expend or cause to be expended upon the class C roads the funds allocated to each municipality from the Transportation Fund under rules made by the department. (7) Any town or city in the third, fourth, or fifth class may: (a) contract with the county or the department for the construction and maintenance of class C roads within its corporate limits; or (b) transfer, with the consent of the county, its: (i) class C roads to the class B road system; and (ii) funds allocated from the Transportation Fund to the municipality to the county legislative body for use upon the transferred class C roads. (8) A municipal legislative body of any city of the third, fourth, or fifth class may use any portion of the class C road funds allocated to the municipality for the construction of sidewalks, curbs, and gutters on class A state roads within the municipal limits by cooperative agreement with the department.
Utah Code § 72-10-203.5 — Utah Code / Title 72 / Chapter 72-10 / § 72-10-203.5
§ 72-10-203.5. Advisory boards of airports and extraterritorial airports.
Status: in_force

(1) For purposes of this section: (a) "Airport owner" means the municipality, county, or airport authority that owns one or more airports. (b) "Extraterritorial airport" means an airport, including the airport facilities, real estate, or other assets related to the operation of an airport, outside the municipality or county and within the boundary of a different municipality or county. (2) (a) If an airport owner that owns an international airport also owns one or more extraterritorial airports, the airport owner shall create and maintain an advisory board as described in this section. (b) The advisory board shall advise and consult the airport owner according to the process set forth in ordinance, rule, or regulation of the airport owner. (3) (a) An advisory board described in Subsection (2) shall consist of 11 members, appointed as follows: (i) one individual from each municipality or county in which an extraterritorial airport is located, appointed: (A) according to an ordinance or policy in place in each municipality or county for appointing individuals to a board, if any; or (B) if no ordinance or policy described in Subsection (3)(a)(i)(A) exists, by the chief executive officer of the municipality or county, with advice and consent from the legislative body of the municipality or county in which the extraterritorial airport is located; and (ii) as many individuals as necessary, appointed by the chief executive officer of the airport owner, with advice and consent from the legislative body of the airport owner, when added to the individuals appointed under Subsection (3)(a)(i), to equal 11 total members on the advisory board. (b) The airport owner shall ensure that members of the advisory board have the following qualifications: (i) at least one member with experience in commercial or industrial construction projects with a budget of at least $10,000,000; and (ii) at least one member with experience in management and oversight of an entity with an operating budget of at least $10,000,000. (4) (a) (i) Except as provided in Subsection (4)(b), the term of office for members of the advisory board shall be four years or until a successor is appointed, qualified, seated, and has taken the oath of office. (ii) A member of the advisory board may serve two terms. (b) When a vacancy occurs on the board for any reason, the replacement shall be appointed according to the procedures set forth in Subsection (3) for the member who vacated the seat, and the replacement shall serve for the remainder of the unexpired term. (5) The advisory board shall select a chair of the advisory board. (6) (a) The chief executive officer of each municipality or county in which an extraterritorial airport is located, with the advice and consent of the respective legislative body of the municipality or county, may create an extraterritorial airport advisory board to represent the interests of the extraterritorial airport. (b) The extraterritorial airport advisory boards described in Subsection (6)(a) shall meet at least quarterly, and: (i) shall provide advisory support to the member of the advisory board representing the municipality or county; and (ii) may advise in the request for proposals process of a fixed base operator for the respective extraterritorial airport. (7) The airport owner, in consultation with the airport advisory board, shall, consistent with the requirements of federal law, study, produce an analysis, and advise regarding the highest and best use and operational strategy for each airport, including all lands, facilities, and assets owned by the airport owner. (8) An airport owner, in consultation with the county auditor and the county assessor of a county in which an extraterritorial airport is located, shall explore in good faith whether a municipality or county where an extraterritorial airport is located receives airport-related tax disbursements to which the municipality or county is entitled. (9) An airport owner shall report annually to the Transportation Interim Committee regarding the requirements in this section.
Utah Code § 72-2-501 — Utah Code / Title 72 / Chapter 72-2 / § 72-2-501
§ 72-2-501. Definitions.
Status: in_force

As used in this part: (1) "Affordable housing unit" means a dwelling that is offered for sale to an owner-occupier at a purchase price that the board determines is affordable for the county in which the residential unit is offered for sale and is deed restricted for up to five years. (2) "Board" means the Affordable Housing Infrastructure Grant Board created in Section 72-2-503. (3) "Grant" means a grant issued to a public entity in a county of the first class, as classified in Section 17-60-104, as provided in this part.
Utah Code § 72-1-206 — Utah Code / Title 72 / Chapter 72-1 / § 72-1-206
§ 72-1-206. Performance auditing -- Appointment or employment -- Duties -- Reports.
Status: in_force

(1) (a) The executive director, with the approval of a majority vote of the commission for each appointment, shall, to conduct the audits required in this section: (i) appoint not less than two performance auditors; or (ii) employ auditing experts from outside the department. (b) A performance auditor appointed under Subsection (1)(a)(i) may only be removed by the executive director with the approval of a majority vote of the commission. (c) Each auditor appointed under Subsection (1)(a)(i) shall have at least three years' experience in performance auditing prior to appointment. (2) The executive director shall ensure that the auditors under Subsection (1) receive: (a) any staff support from the department that is necessary to fulfill their duties; and (b) access to all the department's records and information. (3) The auditors under Subsection (1) shall conduct, as prioritized by the commission: (a) performance audits to determine the efficiency and effectiveness of the department; (b) financial audits to ensure the efficient and effective expenditure of department money; (c) audits to ensure department compliance with state statutes, commission priorities, and legislative appropriation intent statements; (d) audits to determine the impact of federal mandates, including air quality, wetlands, and other environmental standards on the cost and schedule of department projects; (e) external audits on persons entering into contracts with the department, as necessary; (f) studies to determine the time required to accomplish department and external contract work and their relative efficiencies; (g) evaluations of the department's quality assurance and quality control programs; and (h) any other executive director or commission requests. (4) The auditors under Subsection (1) shall: (a) conduct audits in accordance with applicable professional auditing standards; and (b) provide copies of all reports of audit findings to the commission, the executive director, and the Legislative Auditor General.
Utah Code § 72-3-105 — Utah Code / Title 72 / Chapter 72-3 / § 72-3-105
§ 72-3-105. Class D roads -- Maps to be prepared by county -- Indication of roads.
Status: in_force

(1) As used in this section, "class D road" means any road, way, or other land surface route that has been or is established by use or constructed to provide for usage by the public for vehicles with four or more wheels that is not a class A, class B, or class C road under this title, or an R.S. 2477 right-of-way, as that term is defined in Section 72-5-301. (2) Each class D road is part of the highway and road system within the state with the same effect as if the class D road had been included within this system upon the class D road being first established or constructed. (3) The state and county have joint undivided interest in the title to all rights-of-way for class D roads, unless the state or county has vacated and abandoned interest in the class D road. (4) (a) Subject to Subsection (4)(b), the county governing body exercises sole jurisdiction and control of class D roads within the county. (b) If a county vacates or abandons a class D road, the department exercises sole jurisdiction and control of the class D road. (5) (a) Each county shall prepare maps showing to the best of the county's ability the class D roads within the county's boundaries which were in existence as of October 21, 1976. (b) Preparation of the maps described in Subsection (5)(a) may be done by the county or through any multi-county planning district in which the county participates. (6) Any class D road which is established or constructed after October 21, 1976, shall be reflected on maps prepared as provided in Subsection (5). (7) The county shall provide a copy of any map under Subsection (5) or (6) upon completion to the department. (8) (a) The department shall scribe each road shown on the department's own county map series. (b) The department is not responsible for the validity of any class D road and is not responsible for the class D road being inventoried. (c) The department shall keep on file an historical map record of the roads as provided by the counties. (9) (a) If a county vacates or abandons the county's class D road interest in a road within the county, the right-of-way remains open for public use unless the department, in consultation with the Public Lands Policy Coordinating Office created in Section 63L-11-201, determines that the road or right-of-way: (i) does not provide a benefit to the state in a manner consistent with the principles of multiple use and sustained yield as described in Section 63L-8-103; or (ii) is not used to access public or private land. (b) Subject to Subsections (9)(c) and (10), before a county may vacate or abandon the county's right-of-way interest in a class D road, the county shall: (i) provide to the department 180 days in advance of taking the action a written notice that includes the following: (A) a legal description and map of the portion of the class D road for which the county intends to abandon the county's interest; (B) a statement affirming that all gates and locks, whether installed or authorized by the county, and all county agreements, have been removed from the portion to be vacated; and (C) documentation that the portion to be vacated is shown as a class D road in the county recorder's office; (ii) hold a public hearing giving the public the opportunity to provide written and oral input; (iii) publish notice of the hearing in compliance with the requirements of a class A notice under Section 63G-30-102, for at least four weeks before the day of the hearing; and (iv) mail notice to the department and all owners of property abutting the class D road, at least four weeks before the day of the hearing. (c) (i) A county may not vacate or abandon the county's interest in a class D road if the road provides: (A) a public benefit to the state in a manner consistent with the principles of multiple use and sustained yield as described in Section 63L-8-103; (B) access to public land; or (C) subject to Subsection (9)(c)(ii), access to private land beyond the location where the vacation or abandonment of the class D road is proposed. (ii) If a class D road provides access to private land as described in Subsection (9)(c)(i)(C), the county may vacate or abandon the county's interest in the road if: (A) the class D road does not provide public benefit or access to public land as described in Subsection (9)(c)(i)(A) or (B); and (B) each owner of private land along the class D road beyond where the vacation or abandonment of the county's interest in the road is proposed to end agree in writing to the abandonment of the road. (iii) If a class D road is vacated or abandoned as described in Subsection (9)(c)(ii), the county shall record with the county recorder a document describing the vacation and abandonment. (d) If a county vacates or abandons the county's interest in a class D road, the county shall record with the applicable county recorder a notice of the vacation or abandonment of the county's interest, including the following: "The county's vacation or abandonment of the road does not constitute a vacation or abandonment by the state of Utah of any interest the state may have." (e) A county may not vacate or abandon the county's right-of-way interest in a class D road without the approval of the department. (f) A person may not place a lock or a gate on a class D road right-of-way that provides access to multiple use lands or private property access. (10) (a) The department may not vacate or abandon a class D road if the road provides: (i) a public benefit to the state in a manner consistent with the principles of multiple use and sustained yield as described in Section 63L-8-103; (ii) access to public land; or (iii) access to private land beyond the location where the vacation or abandonment of the class D road is proposed. (b) If a county legislative body determines that the proposed vacation and abandonment of a class D road meets the requirements under Subsections (9)(b) and (10)(a), the county shall: (i) publish the proposal on an agenda for a public meeting of the county legislative body to hear the proposal; (ii) publish the proposal on a public notice website of the state government for at least 30 days before the public meeting; and (iii) after satisfying the requirement under Subsection (10)(b)(ii), and at least 30 days after the meeting described in Subsection (10)(b)(i), and subject to Subsection (10)(a), the county legislative body may vote to vacate and abandon the county's interest in the class D road. (c) Any vacation and abandonment of a class D road is subject to reasonable access to existing rights-of-way or easements, including those for water infrastructure and public utilities. (11) (a) A county and the department are not required to maintain a class D road. (b) An individual who travels on a class D road does so at the individual's own risk.
Utah Code § 72-9-605 — Utah Code / Title 72 / Chapter 72-9 / § 72-9-605
§ 72-9-605. Exception from part.
Status: in_force

This part does not apply to a person who is towing a vehicle owned by that person in a noncommercial operation.
Utah Code § 72-4-115 — Utah Code / Title 72 / Chapter 72-4 / § 72-4-115
§ 72-4-115. State highways -- SR-91 to SR-97, SR-99, SR-100.
Status: in_force

State highways include: (1) SR-91. From Route 15 south of Brigham City; then easterly through Brigham Canyon and Logan to the Utah-Idaho state line near Franklin, Idaho. (2) SR-92. From Ashton Boulevard in Lehi, east through American Fork Canyon to Route 189 in Provo Canyon. (3) SR-93. From the on- and off-ramps on the west side of Route 15, east along the south city limits of Woods Cross to Route 89. (4) SR-94. From Route 70 northeasterly to Thompson. (5) SR-95. From Route 24 east of Hanksville southerly crossing near the confluence of the Dirty Devil and Colorado Rivers to a point 4.3 miles south of Blanding on Route 191. (6) SR-96. From Clear Creek northerly through Scofield to Route 6 near Colton. (7) SR-97. From Route 37 east on 5500 South Street in Hooper to the Hill Air Force Base Northwest gate. (8) SR-99. From Route 15 south of Fillmore northerly through Fillmore to Route 15. (9) SR-100. From Route 99 in Fillmore westerly then northerly to Route 50 west of Holden.
Utah Code § 72-7-206 — Utah Code / Title 72 / Chapter 72-7 / § 72-7-206
§ 72-7-206. Screening of existing junkyards.
Status: in_force

(1) The department shall screen any junkyard lawfully in existence on May 9, 1967, which is located within 1,000 feet of the nearest edge of the right-of-way and visible from the main-traveled-way of any highway on the interstate or primary system. (2) The screening shall be at locations on the right-of-way or in areas outside the right-of-way acquired for that purpose and may not be visible from the main-traveled-way of the interstate or federal-aid primary systems. (3) The department may not install junkyard screening under this section unless: (a) the necessary federal funds for participation have been appropriated by the federal government and are immediately available to the state; and (b) the department has received approval to seek federal grants, loans, or participation in federal programs under Title 63J, Chapter 5, Federal Funds Procedures Act.
Utah Code § 72-16-203 — Utah Code / Title 72 / Chapter 72-16 / § 72-16-203
§ 72-16-203. Rulemaking.
Status: in_force

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the provisions of this chapter the committee may make rules: (a) establishing: (i) the form of an application and a renewal application for: (A) a qualified safety inspector certification; (B) an annual amusement ride permit; and (C) a multi-ride annual amusement ride permit; (ii) the procedure to apply for and renew: (A) a qualified safety inspector certification; (B) an annual amusement ride permit; and (C) a multi-ride annual amusement ride permit; (iii) standards for a daily inspection under Section 72-16-302; (iv) the form of a report of a reportable serious injury to the director; (v) the procedure for reporting a reportable serious injury to the director; (vi) the procedure to suspend and revoke: (A) a qualified safety inspector certification; (B) an annual amusement ride permit; and (C) a multi-ride annual amusement ride permit; (vii) a retention schedule that applies to each qualified safety inspector for records related to a qualified safety inspector's duties under this chapter; (viii) a retention schedule that applies to each owner-operator for records related to an owner-operator's duties under this chapter; (ix) fees; (x) minimum insurance requirements for certified inspectors; and (xi) fines or administrative penalties for lack of compliance with this chapter; (b) regarding the experience required to obtain a qualified safety inspector certification under Subsection 72-16-303(3)(a); and (c) adopting nationally recognized: (i) amusement ride inspection standards; and (ii) qualified safety inspector qualification standards. (2) Notwithstanding Subsection 63G-3-301(14), the committee shall initiate rulemaking proceedings, as defined in Section 63G-3-301, to make rules under this section.
Utah Code § 72-10-303 — Utah Code / Title 72 / Chapter 72-10 / § 72-10-303
§ 72-10-303. Submission of requests for aid -- Approval by department -- Receipt and disbursement of funds.
Status: in_force

(1) The state, a county, municipality, or airport authority may not submit to any federal agency or department of the United States any requests for aid under any act of congress that provides funds for airports or commercial airport construction, development, expansion, or improvements, unless the project and the requests for aid have been first approved by the department. (2) The state, a county, municipality, or airport authority may not directly accept, receive, receipt for, or disburse any funds granted by the United States under the act, but it shall designate the department as its agent and in its behalf to accept, receive, receipt for, and disburse the funds. (3) The state, a county, municipality, or airport authority shall enter into an agreement with the department, prescribing the terms and conditions of the agency in accordance with federal laws, rules, and regulations and applicable laws of this state. (4) Money paid by the United States government shall be retained by the state or paid to a county, municipality, or airport authority under terms and conditions imposed by the United States government in making the grant.
Utah Code § 72-6-117 — Utah Code / Title 72 / Chapter 72-6 / § 72-6-117
§ 72-6-117. Limited-access facilities and service roads -- Access -- Right-of-way acquisition -- Grade separation -- Written permission required.
Status: in_force

(1) A highway authority, acting alone or in cooperation with the federal government, another highway authority, or another state may plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide a limited-access facility including a service road to the limited-access facility. (2) A highway authority may regulate, restrict, or prohibit the use of a limited-access facility by pedestrians, animals, or by the various classes of vehicles or traffic. (3) A highway authority may divide and separate any limited-access facility into separate roadways by the construction of raised curbing, central dividing sections, or other physical separations, or by designating separate roadways by signs, markers, stripes, and other appropriate devices. (4) A person may not enter, exit, or cross a limited-access facility, except at designated points at which access is permitted by the highway authority. (5) A highway authority may acquire, by gift, devise, purchase, or condemnation, private or public property and property rights for a limited-access facility and service road, including rights of access, air, view, and light. All property rights acquired under this section may be in fee simple or in any lesser estate or interest. A highway authority may acquire an entire lot, block, or tract of land, if needed, even though the entire lot, block, or tract is not immediately needed for the right-of-way of the limited-access facility or service road. (6) A highway authority may designate and establish limited-access highways as new facilities or may designate and establish an existing highway as part of a limited-access facility. (7) (a) A highway authority may provide for the elimination of at grade intersections of a limited-access facility and an existing highway by grade separation, service road, or by closing the intersecting highway. (b) A highway authority may not connect or intersect a limited-access facility without the written consent and previous approval of the highway authority having jurisdiction over the limited-access facility. (8) Highway authorities may enter into agreements with each other, or with the federal government, on the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of limited-access facilities or other public ways in their respective jurisdiction, to facilitate the purposes of this section.
Utah Code § 72-10-107 — Utah Code / Title 72 / Chapter 72-10 / § 72-10-107
§ 72-10-107. Procedures -- Adjudicative proceedings.
Status: in_force

The department shall conduct adjudicative proceedings in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
Utah Code § 72-2-111 — Utah Code / Title 72 / Chapter 72-2 / § 72-2-111
§ 72-2-111. Assent to federal acts on federal aid for highway purposes -- Department to represent state -- Pledge of funds -- Rulemaking authority -- Contracts for energy conservation.
Status: in_force

(1) (a) The Legislature assents to all the provisions of Title 23, Highways, U.S.C., relating to federal aid for highway purposes, and all amendatory acts. (b) The department may: (i) enter into a contract or agreement with the United States government relating to the survey, construction, and maintenance of highways under a federal act; (ii) submit a scheme or program of construction and maintenance required by a federal agency; and (iii) do any other thing necessary to fully carry out the cooperation contemplated and provided for by a federal act. (c) The good faith of the state is pledged to make available sufficient funds to match the sums apportioned to the state by the United States government: (i) for the construction of federal-aid highways; and (ii) to provide adequate maintenance for federal-aid highways. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to encourage car pools and van pools in order to save energy. (3) The department may contract with individuals, associations, or corporations to accomplish energy conservation and encouragement of car and van pooling.
Utah Code § 72-2-117.5 — Utah Code / Title 72 / Chapter 72-2 / § 72-2-117.5
§ 72-2-117.5. Definitions -- Local Highway and Transportation Corridor Preservation Fund -- Disposition of fund money.
Status: in_force

(1) As used in this section: (a) "Council of governments" means a decision-making body in each county composed of membership including the county governing body and the mayors of each municipality in the county. (b) "Metropolitan planning organization" has the same meaning as defined in Section 72-1-208.5. (2) There is created the Local Highway and Transportation Corridor Preservation Fund. (3) The fund shall be funded from the following sources: (a) a local option highway construction and transportation corridor preservation fee imposed under Section 41-1a-1222; (b) appropriations made to the fund by the Legislature; (c) contributions from other public and private sources for deposit into the fund; (d) all money collected from rents and sales of real property acquired with fund money; (e) proceeds from general obligation bonds, revenue bonds, or other obligations issued as authorized by Title 63B, Bonds; and (f) sales and use tax revenues deposited into the fund in accordance with Title 59, Chapter 12, Part 22, Local Option Sales and Use Taxes for Transportation Act. (4) (a) The State Tax Commission shall allocate and distribute the revenues: (i) provided under Subsection (3)(a) to each county imposing a local option highway construction and transportation corridor preservation fee under Section 41-1a-1222; (ii) provided under Subsection 59-12-2217(2) to each county imposing a county option sales and use tax for transportation; and (iii) provided under Subsection (3)(f) to each county of the second class or city or town within a county of the second class that imposes the sales and use tax authorized by Section 59-12-2218. (b) The money allocated and distributed under this Subsection (4): (i) shall be used for the purposes provided in this section for each county, city, or town; (ii) is allocated to each county, city, or town as provided in this section with the condition that the state will not be charged for any asset purchased with the money allocated and distributed under this Subsection (4), unless there is a written agreement in place with the department before the purchase of the asset stipulating a reimbursement by the state to the county, city, or town of no more than the original purchase price paid by the county, city, or town; and (iii) is considered a local matching contribution for the purposes described under Section 72-2-123 if used on a state highway. (5) (a) A highway authority may acquire real property or any interests in real property for state, county, and municipal transportation corridors subject to: (i) money available in the fund to each county under Subsection (4); and (ii) the provisions of this section. (b) Fund money may be used to pay interest on debts incurred in accordance with this section. (c) (i) (A) Fund money may be used to pay maintenance costs of properties acquired under this section but limited to a total of 5% of the purchase price of the property. (B) Any additional maintenance cost shall be paid from funds other than under this section. (C) Revenue generated by any property acquired under this section is excluded from the limitations under this Subsection (5)(c)(i). (ii) Fund money may be used to pay direct costs of acquisition of properties acquired under this section. (d) Fund money allocated and distributed under Subsection (4) may be used by a county highway authority for countywide transportation or public transit planning if: (i) the county's planning focus area is outside the boundaries of a metropolitan planning organization; (ii) the transportation planning is part of the county's continuing, cooperative, and comprehensive process for transportation or public transit planning, transportation corridor preservation, right-of-way acquisition, and project programming; (iii) no more than four years allocation every 20 years to each county is used for transportation planning under this Subsection (5)(d); and (iv) the county otherwise qualifies to use the fund money as provided under this section. (e) (i) Subject to Subsection (11), fund money allocated and distributed under Subsection (4) may be used by a county highway authority for transportation corridor planning that is part of the transportation corridor elements of an ongoing work program of transportation or public transit projects. (ii) The transportation corridor planning under Subsection (5)(e)(i) shall be under the direction of: (A) the metropolitan planning organization if the county is within the boundaries of a metropolitan planning organization; or (B) the department if the county is not within the boundaries of a metropolitan planning organization. (f) (i) A county, city, or town that imposes a local option highway construction and transportation corridor preservation fee under Section 41-1a-1222 may elect to administer the funds allocated and distributed to that county, city, or town under Subsection (4) as a revolving loan fund. (ii) If a county, city, or town elects to administer the funds allocated and distributed to that county, city, or town under Subsection (4) as a revolving loan fund, a local highway authority shall repay the fund money authorized for the project to the fund. (iii) A county, city, or town that elects to administer the funds allocated and distributed to that county, city, or town under Subsection (4) as a revolving loan fund shall establish repayment conditions of the money to the fund from the specified project funds. (g) (i) Subject to the restrictions in Subsections (5)(g)(ii) and (iii), fund money may be used by a county of the third, fourth, fifth, or sixth class or by a city or town within a county of the third, fourth, fifth, or sixth class for: (A) the construction, operation, or maintenance of a class B road or class C road; or (B) the restoration or repair of survey monuments associated with transportation infrastructure. (ii) A county, city, or town may not use more than 50% of the current balance of fund money allocated to the county, city, or town for the purposes described in Subsection (5)(g)(i). (iii) A county, city, or town may not use more than 50% of the fund revenue collections allocated to a county, city, or town in the current fiscal year for the purposes described in Subsection (5)(g)(i). (6) (a) (i) The Local Highway and Transportation Corridor Preservation Fund shall be used to preserve transportation corridors, promote long-term statewide transportation planning, save on acquisition costs, and promote the best interests of the state in a manner which minimizes impact on prime agricultural land. (ii) Subject to Subsection (6)(c), in a county of the first or second class, the Local Highway and Transportation Corridor Preservation Fund shall only be used to preserve a transportation corridor that is a right-of-way for: (A) a state highway; (B) a principal arterial highway as defined in Section 72-4-102.5; (C) a minor arterial highway as defined in Section 72-4-102.5; (D) a collector highway in an urban area as defined in Section 72-4-102.5; (E) a transit facility as defined in Section 17B-2a-802; or (F) regionally significant active transportation facilities identified in the regional transportation plan. (iii) In a county of the third, fourth, fifth, or sixth class, the Local Highway and Transportation Corridor Preservation Fund shall only be used to preserve a transportation corridor that is a right-of-way for: (A) a state highway; (B) a principal arterial highway as defined in Section 72-4-102.5; (C) a minor arterial highway as defined in Section 72-4-102.5; (D) a major collector highway as defined in Section 72-4-102.5; (E) a minor collector road as defined in Section 72-4-102.5; or (F) a transit facility as defined in Section 17B-2a-802. (iv) The Local Highway and Transportation Corridor Preservation Fund may not be used for a transportation corridor that is primarily a recreational trail as defined under Section 79-5-102. (b) A highway authority shall authorize the expenditure of fund money after determining that the expenditure is being made in accordance with this section from applications that are: (i) endorsed by the council of governments; and (ii) for a right-of-way purchase for a transportation corridor authorized under Subsection (6)(a)(ii) or (iii). (c) (i) In addition to the uses described in Subsections (6)(a) and (6)(b), subject to Subsection (6)(c)(ii), if a county legislative body makes a determination that there are no regionally significant corridor preservation acquisitions identified in the regional transportation plan for locally owned transportation facilities that are needed over the next 20 years, the following additional allowed uses of the locally imposed corridor preservation fund are permitted: (A) development and construction of class A, class B, class C, and class D roads; (B) traffic and pedestrian safety infrastructure; (C) streets, alleys, roads, highways, and thoroughfares of any kind, including connected structures; (D) active transportation facilities that are for nonmotorized vehicles and multimodal transportation; (E) other modes and forms of conveyance used by the public, including parking structures; and (F) transportation-related capital facility construction, debt service or bond issuance costs, operations, and maintenance. (ii) (A) A county legislative body and the associated metropolitan planning organization shall review the regional transportation plan not less than every four years to confirm that no new regionally significant corridor preservation acquisitions have been identified as needed. (B) A county legislative body may not expend locally imposed corridor preservation funds for a use described in Subsection (6)(c)(i) unless the county legislative body determines and the relevant metropolitan planning organization concurs that no regionally significant corridor preservation needs exist in the next 20 years. (7) (a) (i) A council of governments shall establish a council of governments endorsement process which includes prioritization and application procedures for use of the money allocated to each county under this section. (ii) The endorsement process under Subsection (7)(a)(i) may include review or endorsement of the preservation project by: (A) the metropolitan planning organization if the county is within the boundaries of a metropolitan planning organization; or (B) the department if the county is not within the boundaries of a metropolitan planning organization. (b) All fund money shall be prioritized by each highway authority and council of governments based on considerations, including: (i) areas with rapidly expanding population; (ii) the willingness of local governments to complete studies and impact statements that meet department standards; (iii) the preservation of transportation corridors by the use of local planning and zoning processes; (iv) the availability of other public and private matching funds for a project; (v) the cost-effectiveness of the preservation projects; (vi) long and short-term maintenance costs for property acquired; and (vii) whether the transportation corridor is included as part of: (A) the county and municipal master plan; and (B) (I) the statewide long range plan; or (II) the regional transportation plan of the area metropolitan planning organization if one exists for the area. (c) The council of governments shall: (i) establish a priority list of transportation corridor preservation projects within the county; (ii) submit the list described in Subsection (7)(c)(i) to the county's legislative body for approval; and (iii) obtain approval of the list described in Subsection (7)(c)(i) from a majority of the members of the county legislative body. (d) A county's council of governments may only submit one priority list described in Subsection (7)(c)(i) per calendar year. (e) A county legislative body may only consider and approve one priority list described in Subsection (7)(c)(i) per calendar year. (8) (a) Unless otherwise provided by written agreement with another highway authority or public transit district, the highway authority that holds the deed to the property is responsible for maintenance of the property. (b) The transfer of ownership for property acquired under this section from one highway authority to another shall include a recorded deed for the property and a written agreement between the highway authorities or public transit district. (9) (a) The proceeds from any bonds or other obligations secured by revenues of the Local Highway and Transportation Corridor Preservation Fund shall be used for the purposes authorized for funds under this section. (b) The highway authority shall pledge the necessary part of the revenues of the Local Highway and Transportation Corridor Preservation Fund to the payment of principal and interest on the bonds or other obligations. (10) (a) A highway authority may not expend money under this section to purchase a right-of-way for a state highway unless the highway authority has: (i) a transportation corridor property acquisition policy or ordinance in effect that meets department requirements for the acquisition of real property or any interests in real property under this section; and (ii) an access management policy or ordinance in effect that meets the requirements under Subsection 72-2-117(8). (b) The provisions of Subsection (10)(a)(i) do not apply if the highway authority has a written agreement with the department for the department to acquire real property or any interests in real property on behalf of the local highway authority under this section. (11) The county shall ensure, to the extent possible, that the fund money allocated and distributed to a city or town in accordance with Subsection (4) is expended: (a) to fund a project or service as allowed by this section within the city or town to which the fund money is allocated; (b) to pay debt service, principal, or interest on a bond or other obligation as allowed by this section if that bond or other obligation is: (i) secured by money allocated to the city or town; and (ii) issued to finance a project or service as allowed by this section within the city or town to which the fund money is allocated; (c) to fund transportation planning as allowed by this section within the city or town to which the fund money is allocated; or (d) for another purpose allowed by this section within the city or town to which the fund money is allocated. (12) Notwithstanding any other provision in this section, any amounts within the fund allocated to a public transit district or for a public transit corridor may only be derived from the portion of the fund that does not include constitutionally restricted sources related to the operation of a motor vehicle on a public highway or proceeds from an excise tax on liquid motor fuel to propel a motor vehicle.
Utah Code § 72-7-303 — Utah Code / Title 72 / Chapter 72-7 / § 72-7-303
§ 72-7-303. Escaping water and other obstructions -- Injuring or obstructing highway -- Penalty for violations.
Status: in_force

(1) A person may not willfully or carelessly: (a) obstruct or damage any public highway by causing or permitting flow or seepage of water; (b) permit water under the person's control to escape in any manner that results in damage to a public highway; (c) place or leave, or cause to be placed or left, anything upon a public highway in a way that obstructs travel or that endangers property or persons passing on the highway. (2) A person who violates this section is guilty of a class B misdemeanor.
Utah Code § 72-6-108.5 — Utah Code / Title 72 / Chapter 72-6 / § 72-6-108.5
§ 72-6-108.5. Class B and C roads -- Federal-aid highway construction contract.
Status: in_force

(1) Subject to the requirements of 23 C.F.R. 1.3 and if requested by a local highway authority that is the sponsor of the federal-aid highway construction project, the department shall allow a local highway authority to be an additional contracting party for a federal-aid highway construction contract on a class B or C road along with the department. (2) If a local highway authority makes a request to be an additional contracting party under Subsection (1), the department may include the local highway authority as an additional bondholder or obligee on the performance bond. (3) Notwithstanding the provisions of this section, the department shall have the final authority to make decisions relating to a federal-aid highway construction contract on a class B or C road.
Utah Code § 72-7-108 — Utah Code / Title 72 / Chapter 72-7 / § 72-7-108
§ 72-7-108. Longitudinal telecommunication access in the interstate highway system -- Definitions -- Agreements -- Compensation -- Restrictions -- Rulemaking.
Status: in_force

(1) As used in this section: (a) "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. (b) "Statewide telecommunications purposes" means the further development of the statewide network that meets the telecommunications needs of state agencies and enhances the learning purposes of higher and public education. (c) "Telecommunication facility" means any telecommunication cable, line, fiber, wire, conduit, innerduct, access manhole, handhole, tower, hut, pedestal, pole, box, transmitting equipment, receiving equipment, power equipment, or other equipment, system, and device used to transmit, receive, produce, or distribute via wireless, wireline, electronic, or optical signal for communication purposes. (2) (a) 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. (b) The department shall enter into an agreement with a telecommunication facility provider and issue a permit before granting it any longitudinal access under this section. (i) Except as specifically provided by the agreement, a property interest in a right-of-way may not be granted under the provisions of this section. (ii) An agreement entered into by the department under this section shall: (A) specify the terms and conditions for the renegotiation of the agreement; (B) specify maintenance responsibilities for each telecommunication facility; (C) be nonexclusive; and (D) be limited to a maximum term of 30 years. (3) (a) The department shall require compensation from a telecommunication facility provider under this section for longitudinal access to the right-of-way of a highway on the interstate system. (b) The compensation charged shall be: (i) fair and reasonable; (ii) competitively neutral; (iii) nondiscriminatory; (iv) open to public inspection; (v) established to promote access by multiple telecommunication facility providers; (vi) 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; (vii) established to encourage the deployment of digital infrastructure within the state; (viii) set after the department conducts a market analysis to determine the fair and reasonable values of the right-of-way based upon adjacent property values; (ix) a lump sum payment or annual installment, at the option of the telecommunications facility provider; and (x) set in accordance with Subsection (3)(f). (c) (i) The compensation charged may be cash, in-kind compensation, or a combination of cash and in-kind compensation. (ii) In-kind compensation requires the agreement of both the telecommunication facility provider and the department. (iii) The department shall determine the present value of any in-kind compensation based upon the incremental cost to the telecommunication facility provider. (iv) The value of in-kind compensation or a combination of cash and in-kind compensation shall be equal to or greater than the amount of cash compensation that would be charged if the compensation is cash only. (d) (i) The department shall provide for the proportionate sharing of costs among the department and telecommunications providers for joint trenching or trench sharing based on the amount of conduit innerduct space that is authorized in the agreement for the trench. (ii) If two or more telecommunications facility providers are required to share a single trench, each telecommunications facility provider in the trench shall share the cost and benefits of the trench in accordance with Subsection (3)(d)(i) on a fair, reasonable, competitively neutral, and nondiscriminatory basis. (e) The department shall conduct the market analysis described in Subsection (3)(b)(viii) at least every five years and shall apply any necessary adjustments only to agreements entered after the date of the new market analysis. (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall establish a schedule of rates of compensation for any longitudinal access granted under this section. (4) The department may not grant any longitudinal access under this section that results in a significant compromise of the safe, efficient, and convenient use of the interstate system for the traveling public. (5) The department may not pay any cost of relocation of a telecommunication facility granted longitudinal access to the right-of-way of a highway on the interstate system under this section. (6) (a) Monetary compensation collected by the department in accordance with this section shall be deposited with the state treasurer and credited to the Transportation Fund. (b) Any telecommunications capacity acquired as in-kind compensation shall be used exclusively for statewide telecommunications purposes and may not be sold or leased in competition with telecommunication or Internet service providers. (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules: (a) governing the installation, operation, and maintenance of a telecommunication facility granted longitudinal access under this section; (b) specifying the procedures for establishing an agreement for longitudinal access for a telecommunication facility provider; (c) providing for the relocation or removal of a telecommunication facility for: (i) needed changes to a highway on the interstate system; (ii) expiration of an agreement; or (iii) a breach of an agreement; and (d) providing an opportunity for all interested providers to apply for access within open right-of-way segments. (8) (a) Except for a right-of-way of a highway on the interstate system, nothing in this section shall be construed to allow a highway authority to require compensation from a telecommunication facility provider for longitudinal access to the right-of-way of a highway under the highway authority's jurisdiction. (b) Nothing in this section shall affect the authority of a municipality under: (i) Section 10-1-203; (ii) Section 11-26-201; (iii) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act; or (iv) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act. (9) Compensation paid to the department under Subsection (3) may not be used by any person as evidence of the market or other value of the access for any other purpose, including condemnation proceedings, other litigation, or the application of rates of taxation or the establishment of franchise fees relating to longitudinal access rights.
Utah Code § 72-11-213 — Utah Code / Title 72 / Chapter 72-11 / § 72-11-213
§ 72-11-213. Passenger ropeways -- Failure to comply with order -- Suspension -- Injunction.
Status: in_force

(1) If any operator fails to comply with a legal order or rule of the committee, the committee may: (a) suspend the registration of the affected passenger ropeway until the operator complies; or (b) bring injunctive proceedings in the district court of the judicial district in which the affected passenger ropeway is located to compel compliance. (2) In these proceedings the committee is not required to post bond.
Utah Code § 72-20-102 — Utah Code / Title 72 / Chapter 72-20 / § 72-20-102
§ 72-20-102. Adoption and codification of critical capacity routes map -- Agreement.
Status: in_force

(1) On or before January 1, 2027, the city shall: (a) enter into an agreement with the department that: (i) identifies and designates each road within the study area as a tier one, tier two, tier three, or tier four road; (ii) designates regionally significant highways within the study area as tier one roads for which, except as provided in Subsection (2)(a), the city may not implement a project that includes a highway reduction strategy; (iii) designates highways within the study area as tier two roads for which the city may implement a project that includes a highway reduction strategy only after the city: (A) completes a thorough data collection and impact analysis; (B) completes a thorough community and business engagement campaign that includes engagement with key stakeholders; and (C) receives approval for the project by the department; (iv) designates highways within the study area as tier three roads for which the city may implement a project that includes a highway reduction strategy as determined necessary by the city, consistent with the terms of the agreement; (v) includes plans and timelines for the city to mitigate the impacts of traffic calming measures and highway reduction strategies previously implemented on: (A) 300 West from 400 South to 900 South; (B) 200 South from 300 West to 300 East; and (C) 400 South from West Temple to Interstate 15; and (vi) the city will continually evaluate roads of all tiers within the study area for safety, efficiency, and effectiveness for all modes of transportation; and (b) adopt and codify a critical capacity routes map into the city's transportation plans and ordinances. (2) (a) (i) The agreement described in Subsection (1)(a) may allow for implementation of one or more safety improvements on a tier one road described in Subsection (1)(a)(ii), if the safety improvements are primarily intended to enhance the safety of all roadway users and do not materially reduce travel capacity or the number of motorized vehicle travel lanes. (ii) Before implementing a safety improvement under this Subsection (2), the city shall: (A) complete a thorough data collection and impact analysis; (B) complete a thorough community and business engagement campaign that includes engagement with key stakeholders; and (C) receive approval for the project from the department. (b) (i) Where possible, the city shall maintain the width of a vehicle travel lane on a tier one road and tier two road within the study area at a width of at least 11 feet. (ii) The city may not implement a highway reduction strategy on a tier three road within the study area that permanently reduces the width of a highway lane below 10 feet. (iii) The department may reject a proposed highway reduction strategy on a tier one road or tier two road within the study area that, in the department's discretion, is not in the best interest of traffic management, flow, or safety. (c) (i) Before the city may reduce parking by three or more parking stalls on a block face of a tier one or tier two road within the study area, the city shall: (A) engage with the stakeholders in the immediate vicinity of the block face to assess potential impacts and alternatives; and (B) inform the department if the stakeholder engagement described in Subsection (2)(c)(i)(A) results in a determination to reduce parking by three or more stalls. (ii) In determining whether a strategy has the potential to permanently impact availability and accessibility to on-street parking: (A) a parking fee or hour restriction is not considered a permanent reduction of parking stalls on a block face; and (B) if a strategy that reduces on-street parking provides additional parking due to construction or access to a new or existing parking structure or lot, the proposed project is not considered a reduction in on-street parking if the aggregate availability of parking is adequate for existing needs. (iii) The city shall follow the requirements and guidelines of the agreement described in Subsection (1)(a) with regard to permanent parking reduction. (d) To develop the plan for mitigation described in Subsection (1)(a)(v), the city: (i) may engage and consult with stakeholders and the department to assess potential impacts and alternatives; and (ii) shall obtain approval from the department of the proposed plan for each highway. (3) (a) On or before November 30, 2027, and annually thereafter, the city, in consultation with the department, shall provide a written report to the Transportation Interim Committee with an update on the agreement and the status of highway reduction strategies and projects within the study area. (b) On or before November 30, 2028, the Transportation Interim Committee shall review the reports required in Subsection (3)(a) and determine whether the report should continue. (4) The city may exercise the city's discretion with regard to any tier four road. (5) The city shall publish the critical capacity routes map on the city website. (6) The city mayor and the executive director shall sign and approve the agreement.
Utah Code § 72-10-309 — Utah Code / Title 72 / Chapter 72-10 / § 72-10-309
§ 72-10-309. Severability clause.
Status: in_force

If any provision of this part or its application to any person or circumstance shall be held invalid, this invalidity does not affect the provisions or applications of this part which can be given effect without the invalid provision or application, and to this end the provisions of this part are declared to be severable.
Utah Code § 72-9-602.5 — Utah Code / Title 72 / Chapter 72-9 / § 72-9-602.5
§ 72-9-602.5. Certificate by endorsement.
Status: in_force

(1) As used in this section, "license" means an authorization that permits the holder to engage in the practice of a profession described in Section 72-9-602. (2) Subject to Subsections (4) through (6), the department shall issue a certificate described in Section 72-9-602 to an applicant who has been licensed in another state, district, or territory of the United States if: (a) the department determines that the license issued by the other state, district, or territory encompasses a similar scope of practice as the certificate; (b) the applicant has at least one year of experience practicing under the license issued in the other state, district, or territory; and (c) the applicant's license is in good standing in the other state, district, or territory. (3) Subject to Subsections (4) through (6), the department may issue a certificate described in Section 72-9-602 to an applicant who: (a) has been licensed in another state, district, or territory of the United States, or in a jurisdiction outside of the United States, if: (i) (A) the department determines that the applicant's education, experience, and skills demonstrate competency in the occupation for which certification is sought; and (B) the applicant has at least one year of experience practicing under the license issued in the other state, district, territory, or jurisdiction; or (ii) the department determines that the licensure requirements of the other state, district, territory, or jurisdiction at the time the license was issued were substantially similar to the requirements for the certificate; or (b) has never been licensed in a state, district, or territory of the United States, or in a jurisdiction outside of the United States, if: (i) the applicant was educated in or obtained relevant experience in a state, district, or territory of the United States, or a jurisdiction outside of the United States; and (ii) the department determines that the education or experience was substantially similar to the education or experience requirements for the certificate. (4) The department may refuse to issue a certificate to an applicant under this section if: (a) the department determines that there is reasonable cause to believe that the applicant is not qualified to receive the certificate; or (b) the applicant has a previous or pending disciplinary action related to the applicant's other license. (5) Before the department issues a certificate to an applicant under this section, the applicant shall: (a) pay a fee determined by the department under Section 63J-1-504; and (b) produce satisfactory evidence of the applicant's identity, qualifications, and good standing in the occupation for which certification is sought. (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the administration and requirements of this section.
Utah Code § 72-19-302 — Utah Code / Title 72 / Chapter 72-19 / § 72-19-302
§ 72-19-302. Duties of the broadband center.
Status: in_force

(1) The broadband center shall: (a) establish an application process by which an eligible applicant may apply for a grant under this part, which application shall include: (i) a declaration, signed under penalty of perjury, that the application is complete, true, and correct; and (ii) an acknowledgment that the eligible applicant is subject to audit; (b) establish a method for the broadband center to determine which eligible applicants qualify to receive a grant; (c) establish a formula to award grant funds; and (d) report the information described in Subsections (1)(a) through (c) to the director of the Division of Finance. (2) Subject to appropriation, the broadband center shall: (a) collect applications for grant funds from eligible applicants; (b) determine which applicants qualify for receiving a grant; and (c) award the grant funds in accordance with the process established under Subsection (1) and in accordance with Section 72-19-301. (3) The department, in coordination with the broadband center, may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the grant program.
Utah Code § 72-4-301 — Utah Code / Title 72 / Chapter 72-4 / § 72-4-301
§ 72-4-301. Definitions.
Status: in_force

As used in this part: (1) "Committee" means the Utah State Scenic Byway Committee created in Section 72-4-302. (2) "Corridor management plan" means a written document: (a) required to be submitted for a highway to be nominated as a National Scenic Byway or All-American Road that specifies the actions, procedures, controls, operational practices, and administrative strategies to maintain the scenic, historic, recreational, cultural, archeological, and natural qualities of a scenic byway; and (b) adopted by each municipality or county affected by the corridor management plan. (3) "Non-scenic area" means: (a) any property that is unzoned or zoned for commercial or industrial use adjoining a highway that does not contain at least one of the intrinsic qualities described in Subsection 72-4-303(1)(b) immediately upon the property; or (b) any property that is unzoned or zoned for commercial or industrial use that contains an intrinsic quality described in Subsection 72-4-303(1)(b) immediately upon the property but the intrinsic quality does not represent the primary use of the property. (4) "Segmentation" means: (a) removing the scenic byway designation from a portion of an existing scenic byway that adjoins a non-scenic area; or (b) excluding a portion of a highway from a scenic byway designation where the highway adjoins a non-scenic area.
Utah Code § 72-10-1201 — Utah Code / Title 72 / Chapter 72-10 / § 72-10-1201
§ 72-10-1201. Definitions.
Status: in_force

As used in this part: (1) "Covered foreign entity" means an individual, foreign government, or party: (a) on the Consolidated Screening List or Entity List as designated by the United States Secretary of Commerce; (b) domiciled in the People's Republic of China or the Russian Federation; (c) under the influence or control of the government of the People's Republic of China or the Russian Federation; or (d) that is a subsidiary or affiliate of an individual, government, or party described in Subsections (1)(a) through (c). (2) "Critical infrastructure" means the same as that term is defined in Section 76-6-106.3. (3) "Political subdivision" means the same as that term is defined in Section 11-55-102. (4) "Public entity" means the state of Utah, a political subdivision, or any department, division, commission, or other governmental entity created by the Utah Constitution or law.
Utah Code § 72-6-107.5 — Utah Code / Title 72 / Chapter 72-6 / § 72-6-107.5
§ 72-6-107.5. Construction of improvements of highway -- Contracts -- Health insurance coverage.
Status: in_force

(1) As used in this section: (a) "Aggregate" means the sum of all contracts, change orders, and modifications related to a single project. (b) "Change order" means the same as that term is defined in Section 63G-6a-103. (c) "Employee" means, as defined in Section 34A-2-104, an "employee," "worker," or "operative" who: (i) works at least 30 hours per calendar week; and (ii) meets employer eligibility waiting requirements for health care insurance, which may not exceed the first day of the calendar month following 60 days after the day on which the individual is hired. (d) "Health benefit plan" means: (i) the same as that term is defined in Section 31A-1-301; or (ii) an employee welfare benefit plan: (A) established under the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001 et seq.; (B) for an employer with 100 or more employees; and (C) in which the employer establishes a self-funded or partially self-funded group health plan to provide medical care for the employer's employees and dependents of the employees. (e) "Qualified health coverage" means the same as that term is defined in Section 26B-3-909. (f) "Subcontractor" means the same as that term is defined in Section 63A-5b-605. (g) "Third party administrator" or "administrator" means the same as that term is defined in Section 31A-1-301. (2) Except as provided in Subsection (3), the requirements of this section apply to: (a) a contractor of a design or construction contract entered into by the department on or after July 1, 2009, if the prime contract is in an aggregate amount equal to or greater than $2,000,000; and (b) a subcontractor of a contractor of a design or construction contract entered into by the department on or after July 1, 2009, if the subcontract is in an aggregate amount equal to or greater than $1,000,000. (3) The requirements of this section do not apply to a contractor or subcontractor described in Subsection (2) if: (a) the application of this section jeopardizes the receipt of federal funds; (b) the contract is a sole source contract; or (c) the contract is an emergency procurement. (4) A person that intentionally uses change orders, contract modifications, or multiple contracts to circumvent the requirements of this section is guilty of an infraction. (5) (a) A contractor subject to the requirements of this section shall demonstrate to the department that the contractor has and will maintain an offer of qualified health coverage for the contractor's employees and the employees' dependents during the duration of the contract by submitting to the department a written statement that: (i) the contractor offers qualified health coverage that complies with Section 26B-3-909; (ii) is from: (A) an actuary selected by the contractor or the contractor's insurer; (B) an underwriter who is responsible for developing the employer group's premium rates; or (C) if the contractor provides a health benefit plan described in Subsection (1)(d)(ii), an actuary or underwriter selected by a third party administrator; and (iii) was created within one year before the day on which the statement is submitted. (b) (i) A contractor that provides a health benefit plan described in Subsection (1)(d)(ii) shall provide the actuary or underwriter selected by an administrator, as described in Subsection (5)(a)(ii)(C), sufficient information to determine whether the contractor's contribution to the health benefit plan and the actuarial value of the health benefit plan meet the requirements of qualified health coverage. (ii) A contractor may not make a change to the contractor's contribution to the health benefit plan, unless the contractor provides notice to: (A) the actuary or underwriter selected by an administrator, as described in Subsection (5)(a)(ii)(C), for the actuary or underwriter to update the written statement described in Subsection (5)(a) in compliance with this section; and (B) the department. (c) A contractor that is subject to the requirements of this section shall: (i) place a requirement in each of the contractor's subcontracts that a subcontractor that is subject to the requirements of this section shall obtain and maintain an offer of qualified health coverage for the subcontractor's employees and the employees' dependents during the duration of the subcontract; and (ii) obtain from a subcontractor that is subject to the requirements of this section a written statement that: (A) the subcontractor offers qualified health coverage that complies with Section 26B-3-909; (B) is from an actuary selected by the subcontractor or the subcontractor's insurer, an underwriter who is responsible for developing the employer group's premium rates, or if the subcontractor provides a health benefit plan described in Subsection (1)(d)(ii), an actuary or underwriter selected by an administrator; and (C) was created within one year before the day on which the contractor obtains the statement. (d) (i) (A) A contractor that fails to maintain an offer of qualified health coverage described in Subsection (5)(a) during the duration of the contract is subject to penalties in accordance with administrative rules adopted by the department under Subsection (6). (B) A contractor is not subject to penalties for the failure of a subcontractor to obtain and maintain an offer of qualified health coverage described in Subsection (5)(c)(i). (ii) (A) A subcontractor that fails to obtain and maintain an offer of qualified health coverage described in Subsection (5)(c) during the duration of the subcontract is subject to penalties in accordance with administrative rules adopted by the department under Subsection (6). (B) A subcontractor is not subject to penalties for the failure of a contractor to maintain an offer of qualified health coverage described in Subsection (5)(a). (6) The department shall adopt administrative rules: (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (b) in coordination with: (i) the Department of Environmental Quality in accordance with Section 19-1-206; (ii) the Department of Natural Resources in accordance with Section 79-2-404; (iii) the Division of Facilities Construction and Management in accordance with Section 63A-5b-607; (iv) the State Capitol Preservation Board in accordance with Section 63O-2-403; (v) a public transit district in accordance with Section 17B-2a-818.5; and (vi) the Legislature's General Oversight Committee created in Section 36-35-102; and (c) that establish: (i) the requirements and procedures a contractor and a subcontractor shall follow to demonstrate compliance with this section, including: (A) that a contractor or subcontractor's compliance with this section is subject to an audit by the department or the Office of the Legislative Auditor General; (B) that a contractor that is subject to the requirements of this section shall obtain a written statement described in Subsection (5)(a); and (C) that a subcontractor that is subject to the requirements of this section shall obtain a written statement described in Subsection (5)(c)(ii); (ii) the penalties that may be imposed if a contractor or subcontractor intentionally violates the provisions of this section, which may include: (A) a three-month suspension of the contractor or subcontractor from entering into future contracts with the state upon the first violation; (B) a six-month suspension of the contractor or subcontractor from entering into future contracts with the state upon the second violation; (C) an action for debarment of the contractor or subcontractor in accordance with Section 63G-6a-904 upon the third or subsequent violation; and (D) monetary penalties which may not exceed 50% of the amount necessary to purchase qualified health coverage for an employee and a dependent of the employee of the contractor or subcontractor who was not offered qualified health coverage during the duration of the contract; and (iii) a website on which the department shall post the commercially equivalent benchmark, for the qualified health coverage identified in Subsection (1)(e), that is provided by the Department of Health and Human Services, in accordance with Subsection 26B-3-909(2). (7) (a) (i) In addition to the penalties imposed under Subsection (6)(c)(ii), a contractor or subcontractor who intentionally violates the provisions of this section is liable to the employee for health care costs that would have been covered by qualified health coverage. (ii) An employer has an affirmative defense to a cause of action under Subsection (7)(a)(i) if: (A) the employer relied in good faith on a written statement described in Subsection (5)(a) or (5)(c)(ii); or (B) the department determines that compliance with this section is not required under the provisions of Subsection (3). (b) An employee has a private right of action only against the employee's employer to enforce the provisions of this Subsection (7). (8) Any penalties imposed and collected under this section shall be deposited into the Medicaid Growth Reduction and Budget Stabilization Account created in Section 63J-1-315. (9) The failure of a contractor or subcontractor to provide qualified health coverage as required by this section: (a) may not be the basis for a protest or other action from a prospective bidder, offeror, or contractor under: (i) Section 63G-6a-1602; or (ii) any other provision in Title 63G, Chapter 6a, Utah Procurement Code; and (b) may not be used by the procurement entity or a prospective bidder, offeror, or contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design or construction. (10) An administrator, including an administrator's actuary or underwriter, who provides a written statement under Subsection (5)(a) or (c) regarding the qualified health coverage of a contractor or subcontractor who provides a health benefit plan described in Subsection (1)(d)(ii): (a) subject to Subsection (10)(b), is not liable for an error in the written statement, unless the administrator commits gross negligence in preparing the written statement; (b) is not liable for any error in the written statement if the administrator relied in good faith on information from the contractor or subcontractor; and (c) may require as a condition of providing the written statement that a contractor or subcontractor hold the administrator harmless for an action arising under this section.
Utah Code § 72-7-511 — Utah Code / Title 72 / Chapter 72-7 / § 72-7-511
§ 72-7-511. Violation of part -- Misdemeanor.
Status: in_force

A person who violates any provision of this part is guilty of a class B misdemeanor.
Utah Code § 72-5-201 — Utah Code / Title 72 / Chapter 72-5 / § 72-5-201
§ 72-5-201. Legislative finding -- Ensuring access.
Status: in_force

(1) (a) The Legislature finds that highways provide tangible benefits to private and public lands of the state by providing access, allowing development, and facilitating production of income. (b) Many of those highways traverse state lands, including lands held by the state in trust for the school children and public institutions of the state. (c) Many of the existing highways have been previously established without an official grant of an easement or right of entry from this state, yet these highways often are the only access to private and public lands of the state. (2) The state shall ensure continued access to the private and public lands of the state for the good of the people, while fulfilling its fiduciary responsibilities toward the schoolchildren by protecting their trust holdings against loss.
Utah Code § 72-5-111 — Utah Code / Title 72 / Chapter 72-5 / § 72-5-111
§ 72-5-111. Disposal of real property.
Status: in_force

(1) (a) If the department determines that any real property or interest in real property, acquired for a state transportation purpose, is no longer necessary for the purpose, the department may lease, sell, exchange, or otherwise dispose of the real property or interest in the real property. (b) (i) Real property or an interest in real property may be sold at private or public sale. (ii) Except as provided in Subsection (1)(c) related to exchanges and Subsection (1)(d) related to the proceeds of any sale of real property from a maintenance facility, proceeds of any sale shall be deposited with the state treasurer and credited to the Transportation Fund. (c) (i) Except as provided in Subsection (1)(c)(ii), if approved by the commission, real property or an interest in real property may be exchanged by the department for other real property or interest in real property, including improvements, for a state transportation purpose. (ii) The department may exchange an interest in real property for another interest in real property for a project that is part of a statewide transportation improvement program approved by the commission. (d) Proceeds from the sale of real property or an interest in real property from a maintenance facility may be used by the department for the purchase or improvement of another maintenance facility, including real property. (2) (a) In disposing of real property or an interest in real property described in Subsection (1), the department shall give the right of first refusal for the highest offer, as defined in Section 78B-6-521, to: (i) for real property, the original grantor if, since the date of the original transfer to the department, the original grantor has owned real property adjacent to the transferred real property; or (ii) for an interest in real property that is an easement: (A) if the original grantor owns the servient estate subject to the easement, the original grantor; or (B) if a subsequent bona fide purchaser owns the servient estate subject to the easement, the subsequent bona fide purchaser. (b) Notwithstanding Subsection (2)(a) and Section 78B-6-521, if the department acquires real property or an easement and does not use any portion of the real property or easement for a state transportation purpose, the department shall give the original grantor the opportunity to purchase the real property or easement at the original purchase price if, since the date of the original transfer to the department, the original grantor has owned real property adjacent to the transferred real property or the servient estate subject to the easement. (c) In accordance with Section 72-5-404, this Subsection (2) does not apply to property rights acquired in proposed transportation corridors using funds from the Marda Dillree Corridor Preservation Fund created in Section 72-2-117. (d) (i) If an original grantor or subsequent bona fide purchaser fails to purchase real property or an easement described in this Subsection (2), the department may reject all bids and dispose of the real property or easement in accordance with Subsection 78B-6-521(3). (ii) An exchange of real property under Subsection (1)(c) or Section 72-5-113 does not entitle the original grantor or subsequent bona fide purchaser to exercise the right of first refusal described in this Subsection (2). (iii) The right of first refusal described in this Subsection (2) terminates upon an exchange of the acquired real property under Subsection (1)(c) or Section 72-5-113. (3) (a) Any sale, exchange, or disposal of real property or interest in real property made by the department under this section, is exempt from the mineral reservation provisions of Title 65A, Chapter 6, Mineral Leases. (b) Any deed made and delivered by the department under this section without specific reservations in the deed is a conveyance of all the state's right, title, and interest in the real property or interest in the real property.
Utah Code § 72-2-202 — Utah Code / Title 72 / Chapter 72-2 / § 72-2-202
§ 72-2-202. State Infrastructure Bank Fund -- Creation -- Use of money.
Status: in_force

(1) There is created a revolving loan fund entitled the State Infrastructure Bank Fund. (2) (a) The fund consists of money generated from the following revenue sources: (i) appropriations made to the fund by the Legislature; (ii) federal money and grants that are deposited into the fund; (iii) money transferred to the fund by the commission from other money available to the department; (iv) state grants that are deposited into the fund; (v) contributions or grants from any other private or public sources for deposit into the fund; and (vi) subject to Subsection (2)(b), all money collected from repayments of fund money used for infrastructure loans or infrastructure assistance. (b) When a loan from the fund is repaid, the department may request and the Legislature may transfer from the fund to the source from which the money originated an amount equal to the repaid loan. (3) (a) The fund shall earn interest. (b) All interest earned on fund money shall be deposited into the fund. (4) Money in the fund shall be used by the department, as prioritized by the commission, only to: (a) provide infrastructure loans or infrastructure assistance; and (b) pay the department for the costs of administering the fund, providing infrastructure loans or infrastructure assistance, monitoring transportation projects and publicly owned infrastructure projects, and obtaining repayments of infrastructure loans or infrastructure assistance. (5) (a) The department may establish separate accounts in the fund for infrastructure loans, infrastructure assistance, administrative and operating expenses, or any other purpose to implement this part. (b) The department shall establish a separate account in the fund for infrastructure loans for publicly owned infrastructure projects in greenfield areas that are located no less than one mile from an existing municipal or county: (i) water supply; (ii) water distribution facility; or (iii) wastewater facility. (c) Prioritization of infrastructure loans described in Subsection (5)(b) shall follow the same process as described in Section 72-2-203. (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules governing how the fund and its accounts may be held by an escrow agent. (6) Fund money shall be invested by the state treasurer as provided in Title 51, Chapter 7, State Money Management Act, and the earnings from the investments shall be credited to the fund. (7) Before July 1, 2022, the department shall transfer the loan described in Subsection 63B-27-101(3)(a)(i) from the State Infrastructure Bank Fund to the military development infrastructure revolving loan fund created in Section 63A-3-402. (8) Before July 1, 2023, the department shall transfer the funds described in Subsection 63B-27-101(3)(a)(ii) from the State Infrastructure Bank Fund to the inland port infrastructure revolving loan fund created in Section 63A-3-402.
Utah Code § 72-4-216 — Utah Code / Title 72 / Chapter 72-4 / § 72-4-216
§ 72-4-216. Chief Special Warfare Operator (SEAL) Jason R. Workman Memorial Bridge.
Status: in_force

There is established the Chief Special Warfare Operator (SEAL) Jason R. Workman Memorial Bridge spanning the San Juan River on Route 163 in Mexican Hat.
Utah Code § 72-5-407 — Utah Code / Title 72 / Chapter 72-5 / § 72-5-407
§ 72-5-407. Voluntary purchase of property for corridor preservation -- Notice requirements.
Status: in_force

(1) As used in this section: (a) "Greenbelt property" means land assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act. (b) "Rollback tax" means the tax imposed under Section 59-2-506. (2) Before purchasing greenbelt property for corridor preservation on a voluntary basis, the department, county, or municipality shall: (a) provide written notice to the property owner that notifies the property owner that: (i) because the property owner has agreed to sell the greenbelt property to a governmental entity on a voluntary basis, the property owner: (A) is required to pay the rollback tax in accordance with Subsection 59-2-511(2)(b); and (B) is not eligible to receive relocation assistance under Title 57, Chapter 12, Utah Relocation Assistance Act; and (ii) if the property owner does not sell the greenbelt property to the governmental entity on a voluntary basis and a governmental entity later acquires the greenbelt property under eminent domain or under the threat or imminence of eminent domain proceedings, the property owner: (A) would not be required to pay the rollback tax in accordance with Subsection 59-2-511(3); and (B) may be eligible to receive relocation assistance under Title 57, Chapter 12, Utah Relocation Assistance Act; and (b) obtain a signed statement from the property owner acknowledging that the property owner received the written notice described in Subsection (2)(a). (3) Before purchasing any other real property not described in Subsection (2) for corridor preservation on a voluntary basis, the department, county, or municipality shall: (a) provide written notice to the property owner that notifies the property owner that: (i) because the property owner has agreed to sell the real property to a governmental entity on a voluntary basis, the property owner is not eligible to receive relocation assistance under Title 57, Chapter 12, Utah Relocation Assistance Act; and (ii) if the property owner does not sell the real property to the governmental entity on a voluntary basis and a governmental entity later acquires the real property under eminent domain or under the threat or imminence of eminent domain proceedings, the property owner may be eligible to receive relocation assistance under Title 57, Chapter 12, Utah Relocation Assistance Act; and (b) obtain a signed statement from the property owner acknowledging that the property owner received the written notice described in Subsection (3)(a). (4) The department shall create and publish the form of: (a) the notices described in Subsections (2)(a) and (3)(a); and (b) the statements described in Subsections (2)(b) and (3)(b).
Utah Code § 72-10-401 — Utah Code / Title 72 / Chapter 72-10 / § 72-10-401
§ 72-10-401. Definitions.
Status: in_force

As used in this part: (1) "Airport hazard" means a structure, tree, object of natural growth, or use of land that potentially obstructs or otherwise impacts the safe and efficient utilization of the navigable airspace required for the flight of aircraft in landing or take-off at an airport. (2) "Airport influence area" means land located: (a) within 5,000 feet of an airport runway; or (b) within 500 feet of a vertiport that is open for public use. (3) "Airport overlay zone" means a secondary zoning district designed to protect the public health, safety, and welfare near an airport that: (a) applies land use regulation in addition to the primary zoning district land use regulation of property used as an airport and property within an airport influence area; (b) may extend beyond the airport influence area; (c) ensures airport utility as a public asset; (d) protects property owner land values near an airport through compatible land use regulations as recommended by the Federal Aviation Administration; and (e) protects aircraft occupant safety through protection of navigable airspace. (4) "Avigation easement" means an easement permitting unimpeded aircraft flights over property subject to the easement and includes the right: (a) to create or increase noise or other effects that may result from the lawful operation of aircraft; and (b) to prohibit or remove an obstruction to such overflight. (5) "Land use regulation" means the same as that term is defined in Sections 10-20-102 and 17-79-102. (6) "Political subdivision" means a municipality, city, town, or county. (7) "Structure" means an object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines. (8) "Tree" means an object of natural growth.
Utah Code § 72-7-409 — Utah Code / Title 72 / Chapter 72-7 / § 72-7-409
§ 72-7-409. Loads on vehicles -- Limitations -- Confining, securing, and fastening load required -- Penalty.
Status: in_force

(1) As used in this section: (a) "Agricultural product" means any raw product which is derived from agriculture, including silage, hay, straw, grain, manure, and other similar product. (b) (i) "Unsecured load" means the contents of a vehicle, operated on a highway, not sufficiently covered, confined, fastened, or otherwise secured in a way to prevent the contents from escaping the vehicle. (ii) "Unsecured load" includes materials such as dirt, sand, gravel, rock fragments, pebbles, crushed base, aggregate, any other similar material, or scrap metal or other loose material on any portion of the vehicle not designed to carry the material. (c) "Vehicle" means the same as that term is defined in Section 41-1a-102. (2) Except as provided in Subsections (3) through (5), a person may not: (a) operate a vehicle with an unsecured load on any highway; or (b) operate a vehicle carrying trash or garbage without a covering over the entire load. (3) (a) A vehicle carrying dirt, sand, gravel, rock fragments, pebbles, crushed base, aggregate, any other similar material, or scrap metal shall have a covering over the entire load unless: (i) the highest point of the load does not extend above the top of any exterior wall or sideboard of the cargo compartment of the vehicle; and (ii) the outer edges of the load are at least six inches below the top inside edges of the exterior walls or sideboards of the cargo compartment of the vehicle. (b) The following material is exempt from the provisions of Subsection (3)(a): (i) hot mix asphalt; (ii) construction debris or scrap metal if the debris or scrap metal is a size and in a form not susceptible to being blown out of the vehicle; (iii) material being transported across a highway between two parcels of property that would be contiguous but for the highway that is being crossed; and (iv) material listed under Subsection (3)(a) that is enclosed on all sides by containers, bags, or packaging. (c) A chemical substance capable of coating or bonding a load so that the load is confined on a vehicle, may be considered a covering for purposes of Subsection (3)(a) so long as the chemical substance remains effective at confining the load. (4) Subsection (2) does not apply to a vehicle or implement of husbandry carrying an agricultural product, if the agricultural product is: (a) being transported in a manner which is not a hazard or a potential hazard to the safe operation of the vehicle or to other highway users; and (b) loaded in a manner that only allows minimal spillage. (5) (a) An authorized vehicle performing snow removal services on a highway is exempt from the requirements of this section. (b) This section does not prohibit the necessary spreading of any substance connected with highway maintenance, construction, securing traction, or snow removal. (6) (a) Any person suspected of operating a vehicle with an unsecured load on a highway may be issued a warning. (b) Any person who violates this section is guilty of: (i) an infraction, if the violation creates a hazard but does not lead to a motor vehicle accident; (ii) a class B misdemeanor, if the violation creates a hazard that leads to a motor vehicle accident; or (iii) a class A misdemeanor, if the violation creates a hazard that leads to a motor vehicle accident that results in the serious bodily injury or death of a person. (c) A person who violates a provision of this section shall be fined not less than: (i) $200 for a violation; or (ii) $500 for a second or subsequent violation within six years of a previous violation of this section. (d) A person who violates a provision of this section while operating a commercial vehicle as defined in Section 72-9-102 shall be fined: (i) not less than $500 for a violation; or (ii) $1,000 for a second or subsequent violation within six years of a previous violation of this section. (7) As resources and opportunities allow, the department shall implement programs or activities that increase public awareness on the importance of properly securing loads.
Utah Code § 72-1-208.5 — Utah Code / Title 72 / Chapter 72-1 / § 72-1-208.5
§ 72-1-208.5. Definition -- Cooperation with metropolitan planning organizations -- Cooperation in plans and programs required.
Status: in_force

(1) As used in this section, "metropolitan planning organization" means an organization established under 23 U.S.C. Sec. 134. (2) The department shall cooperate with a metropolitan planning organization in the metropolitan planning organization's responsibility to carry out a continuing, cooperative, and comprehensive process for transportation planning and project programming. (3) If a metropolitan planning organization has a contiguous boundary with another metropolitan planning organization, the department shall cooperate with those organizations if the metropolitan planning organizations have: (a) coordinated project priorities, transportation plans, and transportation improvement programs; and (b) submitted joint priorities, plans, and programs to the department as comprehensive, integrated transportation plans. (4) Subject to the provisions of 23 U.S.C. Sec. 134, if the governor and the affected local units of government jointly determine that metropolitan planning organizations have failed to meet the guidelines under Subsection (3), the governor and local units of government may redesignate or realign the metropolitan planning organizations. (5) (a) A metropolitan planning organization is a governmental agency that is eligible to receive employment information from the Unemployment Insurance Division in accordance with Subsection 35A-4-312(5)(e) for the purpose of preparing transportation plans as required by 23 U.S.C. Sec. 134. (b) Information obtained under Subsection (5)(a) is limited to the employer's: (i) name; (ii) worksite address; (iii) industrial classification; and (iv) number of employees.
Utah Code § 72-1-301 — Utah Code / Title 72 / Chapter 72-1 / § 72-1-301
§ 72-1-301. Transportation Commission created -- Members, appointment, terms -- Qualifications -- Pay and expenses -- Chair -- Quorum.
Status: in_force

(1) (a) There is created the Transportation Commission which shall consist of seven members. (b) The members of the commission shall be residents of Utah. (c) The members of the commission shall be selected on a nonpartisan basis. (d) Except as provided in Subsection (1)(e), the commissioners shall, in accordance with Title 63G, Chapter 24, Part 2, Vacancies, be appointed by the governor, with the advice and consent of the Senate, for a term of six years, beginning on April 1 of odd-numbered years. (e) A commissioner appointed after May 6, 2026, shall serve for a term of four years. (f) The commissioners serve on a part-time basis. (g) Each commissioner shall remain in office until a successor is appointed and qualified. (2) (a) Subject to the restriction in Subsection (2)(c), the selection of commissioners shall be as follows: (i) four commissioners with one commissioner selected from each of the four regions established by the department; and (ii) subject to the restriction in Subsection (2)(b), three commissioners selected from the state at large. (b) (i) At least one of the three commissioners appointed under Subsection (2)(a)(ii) shall be selected from a rural county. (ii) For purposes of this Subsection (2)(b), a rural county is a county of the third, fourth, fifth, or sixth class. (c) No more than two commissioners appointed under Subsection (2)(a) may be selected from any one of the four regions established by the department. (3) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107. (4) (a) One member of the commission shall be designated by the governor as chair. (b) The commission may select one member as vice chair to act in the chair's absence. (5) Any four commissioners constitute a quorum. (6) Each member of the commission shall qualify by taking the constitutional oath of office. (7) Each member of the commission is subject to the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest. (8) For the purposes of Section 63J-1-504, the commission is not considered an agency.
Utah Code § 72-7-204 — Utah Code / Title 72 / Chapter 72-7 / § 72-7-204
§ 72-7-204. Issuance of licenses -- Fees -- Duration -- Renewal -- Disposition of proceeds.
Status: in_force

(1) The department has the sole authority to issue licenses for the establishment, maintenance, and operation of junkyards within the limits defined in Section 72-7-203, and shall charge a $10 license fee payable annually in advance. (2) All licenses issued under this section expire on the first day of January following the date of issue. Licenses may be renewed from year to year upon payment of the requisite fee. (3) Proceeds from the license fee shall be deposited with the state treasurer and credited to the Transportation Fund.
Utah Code § 72-1-202 — Utah Code / Title 72 / Chapter 72-1 / § 72-1-202
§ 72-1-202. Executive director of department -- Appointment -- Qualifications -- Term -- Responsibility -- Power to bring suits -- Salary.
Status: in_force

(1) (a) The governor, with the advice and consent of the Senate, shall appoint an executive director to be the chief executive officer of the department. (b) The executive director shall be a registered professional engineer and qualified executive with technical and administrative experience and training appropriate for the position. (c) The executive director shall remain in office until a successor is appointed. (d) The executive director may be removed by the governor. (2) In addition to the other functions, powers, duties, rights, and responsibilities prescribed in this chapter, the executive director shall: (a) have responsibility for the administrative supervision of the state transportation systems and the various operations of the department; (b) have the responsibility for the implementation of rules, priorities, and policies established by the department and the commission; (c) have the responsibility for the oversight and supervision of any transportation project for which state funds are expended; (d) have the authority to determine funding priorities during a natural disaster as described in Section 72-1-219; (e) have full power to bring suit in courts of competent jurisdiction in the name of the department as the executive director considers reasonable and necessary for the proper attainment of the goals of this chapter; (f) receive a salary, to be established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation, together with actual traveling expenses while away from the executive director's office on official business; (g) purchase all equipment, services, and supplies necessary to achieve the department's functions, powers, duties, rights, and responsibilities delegated under Section 72-1-201; (h) have the responsibility to determine whether a purchase from, contribution to, or other participation with a public entity or association of public entities in a pooled fund program to acquire, develop, or share information, data, reports, or other services related to the department's mission are procurement items under Title 63G, Chapter 6a, Utah Procurement Code; (i) have responsibility for administrative supervision of the Comptroller Division, the Internal Audit Division, and the Communications Division; and (j) appoint assistants, to serve at the discretion of the executive director, to administer the divisions of the department. (3) The executive director may employ other assistants and advisers as the executive director finds necessary and fix salaries in accordance with the salary standards adopted by the Division of Human Resource Management.
Utah Code § 72-4-108 — Utah Code / Title 72 / Chapter 72-4 / § 72-4-108
§ 72-4-108. State highways -- SR-21 to SR-26, SR-28 to SR-30.
Status: in_force

State highways include: (1) SR-21. From the Utah-Nevada state line near Garrison southerly and easterly to Beaver to Route 160. (2) SR-22. From Antimony Bridge northerly to Route 62. (3) SR-23. From Route 91 south of Wellsville northerly through Wellsville, Mendon, Petersboro, Newton, and Cornish to the Utah-Idaho state line near Weston, Idaho. (4) SR-24. From Route 50 near Salina southerly through Loa to Hanksville; then northeasterly to Route 70 at Buckmaster Interchange west of Green River. (5) SR-25. From Fish Lake Junction on Route 24 northerly to near Bowery Haven Campground. (6) SR-26. From Route 126 in Roy easterly to Route 89 in Ogden. (7) SR-28. From Route 89 in Gunnison northerly through Levan and Nephi to Route 15 north of Nephi. (8) SR-29. From Joes Valley Reservoir easterly through Orangeville Junction to Route 10 north of Castle Dale. (9) SR-30. From the Utah-Nevada state line northeasterly through Curlew Junction to Route 84 west of Snowville; then beginning again at a junction with Route 15 west of Riverside easterly through Collinston to Route 91 in Logan; then beginning again at a junction with Route 89 in Garden City southeasterly through Sage Creek Junction to the Utah-Wyoming state line.
Utah Code § 72-10-209 — Utah Code / Title 72 / Chapter 72-10 / § 72-10-209
§ 72-10-209. Acquisition of air rights -- Condemnation.
Status: in_force

(1) To provide unobstructed air space for the landing and taking off of aircraft using airports acquired or maintained under this chapter, the department and a county, municipality, or airport authority may acquire the air rights over private property necessary to insure safe approaches to the landing areas of the airports. (2) The air rights may be acquired by grant, purchase, lease, or condemnation in the same manner provided under Section 72-10-205 for the acquisition or expansion of airports.
Utah Code § 72-3-103 — Utah Code / Title 72 / Chapter 72-3 / § 72-3-103
§ 72-3-103. County roads -- Class B roads -- Construction and maintenance by counties.
Status: in_force

(1) County roads comprise all public highways, roads, and streets within the state that: (a) are situated outside of incorporated municipalities and not designated as state highways; (b) have been designated as county roads; or (c) are located on property under the control of a federal agency and constructed or maintained by the county under agreement with the appropriate federal agency. (2) County roads are class B roads. (3) The state and county have joint undivided interest in the title to all rights-of-way for all county roads. (4) The county governing body exercises sole jurisdiction and control of county roads within the county. (5) The county shall construct and maintain each county road using funds made available for that purpose. (6) The county legislative body may expend funds allocated to each county from the Transportation Fund under rules made by the department. (7) A county legislative body may use any portion of the class B road funds provided by this chapter for the construction and maintenance of class A state roads by cooperative agreement with the department. (8) A county may enter into agreements with the appropriate federal agency for the use of federal funds, county road funds, and donations to county road funds to construct, improve, or maintain county roads within or partly within national forests.
Utah Code § 72-10-105 — Utah Code / Title 72 / Chapter 72-10 / § 72-10-105
§ 72-10-105. Reports of investigations or hearings -- Restrictions on use -- Employees of department not required to testify.
Status: in_force

(1) The reports of investigations or hearings, or any part of them, may not be admitted in evidence or used for any purpose in any suit, action, or proceeding growing out of any matter referred to in the investigations or hearings, or in any report of them, except in case of criminal or other proceedings instituted by or on behalf of the department under this title. (2) An employee of the department may not be required to testify to any fact ascertained in or information gained by reason of his official capacity. (3) The employees of the department may not be required to testify as expert witnesses in any suit, action, or proceeding involving any aircraft or any navigation facility.
Utah Code § 72-19-401 — Utah Code / Title 72 / Chapter 72-19 / § 72-19-401
§ 72-19-401. Creation of Broadband Equity Access and Deployment Grant Program.
Status: in_force

(1) There is established a grant program known as the Broadband Equity Access and Deployment Grant Program that is administered by the broadband center in accordance with: (a) this part; and (b) the requirements of the National Telecommunications and Information Administration's Broadband Equity Access and Deployment Program, 47 U.S.C. Sec. 1702 et seq. (2) The broadband center shall: (a) prepare and submit the state's Broadband Equity Access and Deployment application, including the letter of intent, initial proposal, and final proposal to the National Telecommunications and Information Administration; (b) administer the Broadband Equity Access and Deployment Grant Program in accordance with this section and as approved by the National Telecommunications and Information Administration; (c) accept and process an application for subgranted funds; and (d) ensure that a subgrantee complies with the state's final proposal to the National Telecommunications and Information Administration. (3) The department, in coordination with the broadband center, may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the grant program. (4) The broadband center may approve an application for subgranted funds if: (a) the application meets the requirements of this section; (b) the application meets any rule made in accordance with this section; (c) the application meets the requirements of the National Telecommunications and Information Administration's Broadband Equity Access and Deployment Program, 47 U.S.C. Sec. 1702 et seq.; and (d) the broadband center has informed the Transportation Commission about the application described in Subsection (2)(c). (5) After the broadband center completes a competitive application process for subgranted funds, the broadband center shall present to the Transportation Commission on the subgrant award.
Utah Code § 72-7-504.5 — Utah Code / Title 72 / Chapter 72-7 / § 72-7-504.5
§ 72-7-504.5. Public assembly facility signs -- Restrictions.
Status: in_force

(1) Signs on the premises of a public assembly facility that do not bring rental income to the owner of the public assembly facility may advertise: (a) the name of the facility, including identifiable venues or stores within the facility; and (b) principal or accessory products or services offered on the property and activities conducted on the property as permitted by 23 C.F.R. Section 750.709, including: (i) events being conducted in the facility or upon the premises, including the sponsor of the current event; and (ii) products or services sold at the facility and activities conducted on the property that produce significant income to the operation of the facility. (2) An advertising structure described in Subsection (1): (a) shall be located on a public assembly facility or on a parcel contiguous to the public assembly facility; (b) shall be under the same ownership as the public assembly facility; and (c) may not be separated from the public assembly facility by a public road. (3) An advertising structure described in Subsection (1) may only promote a maximum of seven major sponsors and the sponsor of a current event at any one time. (4) An advertising structure described in Subsection (1) may not be located on narrow land held by easement or anything other than a fee interest unless it is a part of a public assembly facility. (5) A public assembly facility is exempt from the requirement under this part to have a state outdoor advertising permit.
Utah Code § 72-4-302 — Utah Code / Title 72 / Chapter 72-4 / § 72-4-302
§ 72-4-302. Utah State Scenic Byway Committee -- Creation -- Membership -- Meetings -- Expenses.
Status: in_force

(1) There is created the Utah State Scenic Byway Committee. (2) (a) The committee shall consist of the following 13 members: (i) a representative from each of the following entities appointed by the governor: (A) the Governor's Office of Economic Development; (B) the Utah Department of Transportation; (C) the Department of Cultural and Community Engagement; (D) the Division of State Parks; (E) the Federal Highway Administration; (F) the National Park Service; (G) the National Forest Service; and (H) the Bureau of Land Management; (ii) one local government tourism representative appointed by the governor; (iii) a representative from the private business sector appointed by the governor; and (iv) three local elected officials from a county, city, or town within the state appointed by the governor. (b) Except as provided in Subsection (2)(c), the members appointed in this Subsection (2) shall be appointed for a four-year term of office. (c) The governor shall, at the time of appointment or reappointment for appointments made under Subsection (2)(a)(i), (ii), (iii), or (iv) adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years. (3) (a) The representative from the Governor's Office of Economic Development shall chair the committee. (b) The members appointed under Subsections (2)(a)(i)(E) through (H) serve as nonvoting, ex officio members of the committee. (4) The Governor's Office of Economic Development and the department shall provide staff support to the committee. (5) (a) The chair may call a meeting of the committee only with the concurrence of the department. (b) A majority of the voting members of the committee constitute a quorum. (c) Action by a majority vote of a quorum of the committee constitutes action by the committee. (6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses as allowed in: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.
Utah Code § 72-6-111 — Utah Code / Title 72 / Chapter 72-6 / § 72-6-111
§ 72-6-111. Construction and maintenance of appurtenances -- Noise abatement measures.
Status: in_force

(1) The department is authorized to construct and maintain appurtenances along the state highway system necessary for public safety, welfare, and information. Appurtenances include highway illumination, sidewalks, curbs, gutters, steps, driveways, retaining walls, fire hydrants, guard rails, noise abatement measures, storm sewers, and rest areas. (2) A noise abatement measure may only be constructed by the department along a highway when: (a) the department is constructing a new state highway or performing major reconstruction on an existing state highway; (b) the Legislature provides an appropriation or the federal government provides funding for construction of retrofit noise abatement along an existing state highway; or (c) the cost for the noise abatement measure is provided by citizens, adjacent property owners, developers, or local governments. (3) In addition to the requirements under Subsection (2), the department may only construct noise abatement measures within the unincorporated area of a county or within a municipality that has an ordinance or general plan that requires: (a) a study to be conducted to determine the noise levels along new development adjacent to an existing state highway or a dedicated right-of-way; and (b) the construction of noise abatement measures at the expense of the developer if required to be constructed under standards established by a rule of the department. (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules establishing: (a) when noise abatement measures are required to be constructed, including standards for decibel levels of traffic noise; (b) the decibel level of traffic noise which identifies the projects to be programmed by the commission for the earliest construction of retrofit noise abatement measures funded under Subsection (2)(b) based on availability of funding; and (c) a priority system for the construction of other retrofit noise abatement measures that meet or exceed the standards established under this section and are funded under Subsection (2)(b) which includes: (i) the number of residential dwellings adversely affected by the traffic noise; (ii) the cost effectiveness of mitigating the traffic noise; and (iii) the length of time the decibel level of traffic noise has met or exceeded the standards established under this section.
Utah Code § 72-10-602 — Utah Code / Title 72 / Chapter 72-10 / § 72-10-602
§ 72-10-602. Criminal background check authorized -- Written notice required.
Status: in_force

(1) A city may by ordinance require a ground transportation service provider to submit to a criminal background check as a condition of providing ground transportation service to an airport under the city's authority. (2) (a) Each ground transportation service provider, if required to submit a background check under Subsection (1), shall: (i) submit a fingerprint card in a form acceptable to the division; and (ii) consent to a fingerprint background check by: (A) the Utah Bureau of Criminal Identification; and (B) the Federal Bureau of Investigation. (b) If requested by a city that has adopted an ordinance in accordance with Subsection (1), the division shall request the Department of Public Safety to complete a Federal Bureau of Investigation criminal background check through a national criminal history system for each background check requested by a city under this section. (c) (i) If a city has adopted an ordinance in accordance with Subsection (1), the city may make a ground transportation service provider's access to provide ground transportation service to an airport conditional pending completion of a criminal background check under this section. (ii) If a criminal background check discloses that a ground transportation service provider failed to disclose accurately a criminal history, the city may deny or, if conditionally given, immediately terminate the ground transportation service provider's right to provide ground transportation service to an airport. (iii) If a ground transportation service provider accurately disclosed the relevant criminal history and the criminal background check discloses that the ground transportation service provider has been convicted of a crime that indicates a potential risk for the safety or well-being of the patrons or employees of the airport under the city's authority, the city may deny or, if conditionally given, immediately terminate the ground transportation service provider's right to provide ground transportation service to an airport. (3) Each city that requests a criminal background check under Subsection (1) shall prepare criteria for which criminal activity will preclude ground transportation service to the airport and shall provide written notice to the ground transportation service provider who is the subject of the criminal background check that the background check has been requested. (4) The legislative body of a city may by a majority vote of its members overrule a decision made by the mayor or a city employee establishing the criteria for precluding the right of a ground transportation service provider under Subsection (3).
Utah Code § 72-5-101 — Utah Code / Title 72 / Chapter 72-5 / § 72-5-101
§ 72-5-101. Title.
Status: in_force

This chapter is known as the "Rights-of-way Act."
Utah Code § 72-16-201 — Utah Code / Title 72 / Chapter 72-16 / § 72-16-201
§ 72-16-201. Creation of Utah Amusement Ride Safety Committee.
Status: in_force

(1) There is created within the department the Utah Amusement Ride Safety Committee. (2) The committee is comprised of the following members: (a) six members as follows, appointed by the governor: (i) one member who represents fairs in the state that employ 25 or more employees; (ii) one member who represents mobile ride operators; (iii) one member who represents permanent ride operators; (iv) one member who represents large amusement parks in the state; (v) one member who represents the public at large; and (vi) one member who represents a nationally recognized amusement ride safety or regulatory organization; and (b) one nonvoting member appointed by the executive director. (3) (a) Except as provided in Subsection (3)(b), the governor shall appoint each member described in Subsection (2)(a) to a four-year term. (b) The governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of the committee members appointed under Subsection (2)(a) are staggered so that approximately half of the committee is appointed every two years. (4) In making an appointment under Subsection (2)(a), the governor shall request and consider recommendations from: (a) the membership of the interest from which the appointment is to be made; and (b) the department. (5) When a vacancy occurs in the membership of the committee, the governor shall appoint a replacement for the remainder of the unexpired term. (6) A member of the committee may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107. (7) The department shall supply the committee with office space, equipment, and staff the executive director finds appropriate. (8) (a) The committee shall select a chair annually from the committee members. (b) Four voting members constitute a quorum for conducting committee business. (c) A majority vote of a quorum present at a meeting constitutes an action of the committee. (9) The committee shall meet at least quarterly and at the call of the chair or of a majority of the members.
Utah Code § 72-1-205 — Utah Code / Title 72 / Chapter 72-1 / § 72-1-205
§ 72-1-205. Region offices -- Region directors -- Qualifications -- Responsibilities.
Status: in_force

(1) The department shall maintain region offices throughout the state as the executive director finds reasonable and necessary for the efficient carrying out of the duties of the department. (2) (a) The executive director shall appoint a region director for each region. (b) Each region director shall be a qualified executive with technical and administrative experience and training. (3) The executive director shall establish the responsibilities of each region director. (4) The executive director may also establish district offices within a region to implement maintenance, encroachment, safety, community involvement, and loss management functions of the region.
Utah Code § 72-7-210 — Utah Code / Title 72 / Chapter 72-7 / § 72-7-210
§ 72-7-210. Present ordinances or regulations may be stricter.
Status: in_force

Nothing in this part affects the provisions of any lawful ordinance or regulation which is more restrictive than the provisions of this part.
Utah Code § 72-1-304 — Utah Code / Title 72 / Chapter 72-1 / § 72-1-304
§ 72-1-304. Written project prioritization process for new transportation capacity projects -- Rulemaking.
Status: in_force

7/1/2026 (1) (a) The Transportation Commission, in consultation with the department and the metropolitan planning organizations as defined in Section 72-1-208.5, shall develop a written prioritization process for the prioritization of: (i) new transportation capacity projects that are or will be part of the state highway system under Chapter 4, Part 1, State Highways; (ii) paved pedestrian or paved nonmotorized transportation projects described in Section 72-2-124; (iii) public transit projects that directly add capacity to the public transit systems within the state, not including facilities ancillary to the public transit system; and (iv) pedestrian or nonmotorized transportation projects that provide connection to a public transit system. (b) (i) A local government or public transit district may nominate a project for prioritization in accordance with the process established by the commission in rule. (ii) If a local government or public transit district nominates a project for prioritization by the commission, the local government or public transit district shall provide data and evidence to show that: (A) the project will advance the purposes and goals described in Section 72-1-211; (B) for a public transit project, the local government or public transit district has an ongoing funding source for operations and maintenance of the proposed development; and (C) the local government or public transit district will provide the percentage of the costs for the project as required by Subsection 72-2-124(4)(a)(viii) or 72-2-124(10)(e). (2) The following shall be included in the written prioritization process under Subsection (1): (a) a description of how the strategic initiatives of the department adopted under Section 72-1-211 are advanced by the written prioritization process; (b) a definition of the type of projects to which the written prioritization process applies; (c) specification of a weighted criteria system that is used to rank proposed projects and how it will be used to determine which projects will be prioritized; (d) specification of the data that is necessary to apply the weighted ranking criteria; and (e) any other provisions the commission considers appropriate, which may include consideration of: (i) regional and statewide economic development impacts, including improved local access to: (A) employment; (B) educational facilities; (C) recreation; (D) commerce; and (E) residential areas, including moderate income housing as demonstrated in the local government's or public transit district's general plan in accordance with Section 10-20-404 or 17-79-403; (ii) the extent to which local land use plans relevant to a project support and accomplish the strategic initiatives adopted under Section 72-1-211; and (iii) any matching funds provided by a political subdivision or public transit district in addition to the percentage of costs required by Subsections 72-2-124(4)(a)(viii) and 72-2-124(10)(e). (3) (a) When prioritizing a public transit project that increases capacity, the commission: (i) may give priority consideration to projects that are part of a transit-oriented development or transit-supportive development as defined in Section 17B-2a-802; and (ii) shall give priority consideration to projects that are within the boundaries of a housing and transit reinvestment zone created in accordance with Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act. (b) When prioritizing a transportation project that increases capacity, the commission may give priority consideration to projects that are: (i) part of a transportation reinvestment zone created under Section 63N-23-901 if: (A) the state is a participant in the transportation reinvestment zone; or (B) the commission finds that the transportation reinvestment zone provides a benefit to the state transportation system; or (ii) within the boundaries of a housing and transit reinvestment zone created in accordance with Title 63N, Chapter 23, Part 2, Housing and Transit Reinvestment Zone. (c) If the department receives a notice of prioritization for a municipality as described in Subsection 10-21-202(7), or a notice of prioritization for a county as described in Subsection 17-80-202(5), the commission may give priority consideration to transportation projects that are within the boundaries of the municipality or the unincorporated areas of the county until the department receives notification from the Division of Housing and Community Development within the Governor's Office of Economic Development that the municipality or county no longer qualifies for prioritization under this Subsection (3)(c). (d) When prioritizing a transportation project described in Subsection (1)(a)(ii) or (iv), the commission may give priority consideration to projects that improve connectivity in accordance with Section 10-8-87. (e) The total priority consideration the commission gives under this Subsection (3) may not increase the score the commission uses to rank a project for purposes of prioritization by more than 7%. (4) In developing the written prioritization process, the commission: (a) shall seek and consider public comment by holding public meetings at locations throughout the state; and (b) may not consider local matching dollars as provided under Section 72-2-123 unless the state provides an equal opportunity to raise local matching dollars for state highway improvements within each county. (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Transportation Commission, in consultation with the department, shall make rules establishing the written prioritization process under Subsection (1). (6) The commission shall submit the proposed rules under this section to the Transportation Interim Committee for review before taking final action on the proposed rules or any proposed amendment to the rules described in Subsection (5).7/1/2026 (1) (a) The Transportation Commission, in consultation with the department and the metropolitan planning organizations as defined in Section 72-1-208.5, shall develop a written prioritization process for the prioritization of: (i) new transportation capacity projects that are or will be part of the state highway system under Chapter 4, Part 1, State Highways; (ii) paved pedestrian or paved nonmotorized transportation projects described in Section 72-2-124; (iii) public transit projects that directly add capacity to the public transit systems within the state, not including facilities ancillary to the public transit system; and (iv) pedestrian or nonmotorized transportation projects that provide connection to a public transit system. (b) (i) A local government or public transit district may nominate a project for prioritization in accordance with the process established by the commission in rule. (ii) If a local government or public transit district nominates a project for prioritization by the commission, the local government or public transit district shall provide data and evidence to show that: (A) the project will advance the purposes and goals described in Section 72-1-211; (B) for a public transit project, the local government or public transit district has an ongoing funding source for operations and maintenance of the proposed development; and (C) the local government or public transit district will provide the percentage of the costs for the project as required by Subsection 72-2-124(4)(a)(viii) or 72-2-124(10)(e). (2) The following shall be included in the written prioritization process under Subsection (1): (a) a description of how the strategic initiatives of the department adopted under Section 72-1-211 are advanced by the written prioritization process; (b) a definition of the type of projects to which the written prioritization process applies; (c) specification of a weighted criteria system that is used to rank proposed projects and how it will be used to determine which projects will be prioritized; (d) specification of the data that is necessary to apply the weighted ranking criteria; and (e) any other provisions the commission considers appropriate, which may include consideration of: (i) regional and statewide economic development impacts, including improved local access to: (A) employment; (B) educational facilities; (C) recreation; (D) commerce; and (E) residential areas, including moderate income housing as demonstrated in the local government's or public transit district's general plan in accordance with Section 10-20-404 or 17-79-403; (ii) the extent to which local land use plans relevant to a project support and accomplish the strategic initiatives adopted under Section 72-1-211; and (iii) any matching funds provided by a political subdivision or public transit district in addition to the percentage of costs required by Subsections 72-2-124(4)(a)(viii) and 72-2-124(10)(e). (3) (a) When prioritizing a public transit project that increases capacity, the commission: (i) may give priority consideration to projects that are part of a transit-oriented development or transit-supportive development as defined in Section 17B-2a-802; and (ii) shall give priority consideration to projects that are within the boundaries of a housing and transit reinvestment zone created in accordance with Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act. (b) When prioritizing a transportation project that increases capacity, the commission may give priority consideration to projects that are: (i) part of a transportation reinvestment zone created under Section 63N-23-901 if: (A) the state is a participant in the transportation reinvestment zone; or (B) the commission finds that the transportation reinvestment zone provides a benefit to the state transportation system; or (ii) within the boundaries of a housing and transit reinvestment zone created in accordance with Title 63N, Chapter 23, Part 2, Housing and Transit Reinvestment Zone. (c) If the department receives a notice of prioritization for a municipality as described in Subsection 10-21-202(7), or a notice of prioritization for a county as described in Subsection 17-80-202(5), the commission may give priority consideration to transportation projects that are within the boundaries of the municipality or the unincorporated areas of the county until the department receives notification from the Division of Housing and Community Development within the Governor's Office of Economic Development that the municipality or county no longer qualifies for prioritization under this Subsection (3)(c). (d) When prioritizing a transportation project described in Subsection (1)(a)(ii) or (iv), the commission may give priority consideration to projects that improve connectivity in accordance with Section 10-8-87. (e) The total priority consideration the commission gives under this Subsection (3) may not increase the score the commission uses to rank a project for purposes of prioritization by more than 7%. (4) In developing the written prioritization process, the commission: (a) shall seek and consider public comment by holding public meetings at locations throughout the state; and (b) may not consider local matching dollars as provided under Section 72-2-123 unless the state provides an equal opportunity to raise local matching dollars for state highway improvements within each county. (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Transportation Commission, in consultation with the department, shall make rules establishing the written prioritization process under Subsection (1). (6) The commission shall submit the proposed rules under this section to the Transportation Interim Committee for review before taking final action on the proposed rules or any proposed amendment to the rules described in Subsection (5).