reglab/statecodes huggingface dataset:
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 2 - Public-Private Partnerships for Tollways Act › Section 202 - Definitions.

72-6-202.
Definitions.
As used in this part:
(1) "High occupancy toll lane" has the same meaning as defined in Section 72-6-118.
(2) "Toll" has the same meaning as defined in Section 72-6-118.
(3) "Toll lane" has the same meaning as defined in Section 72-6-118.
(4) "Tollway" has the same meaning as defined in Section 72-6-118.
(5)
(a) "Tollway development agreement" means a contractual agreement with a public or private entity that provides for any predevelopment activities, design, construction, reconstruction, financing, acquisition, maintenance, or operation of a tollway or any or all of them.
(b) "Tollway development agreement" may include:
(i) predevelopment agreements;
(ii) franchise and concession agreements;
(iii) leases;
(iv) right-of-entry agreements;
(v) financial participation agreements;
(vi) other financing agreements;
(vii) design-build agreements;
(viii) operating agreements;
(ix) agreements for services of independent engineers;
(x) agreements for the enforcement of tolls on a tollway; or
(xi) any combination of Subsections (5)(b)(i) through (x).
Enacted by Chapter 36, 2006 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 2 - Public-Private Partnerships for Tollways Act › Section 204 - Minimum requirements for a tollway development agreement proposal.

72-6-204.
Minimum requirements for a tollway development agreement proposal.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department and the commission shall make rules establishing minimum guidelines for tollway development agreement proposals.
(2) The guidelines under Subsection (1) shall require the proposal to include:
(a) a map indicating the location of the tollway facility;
(b) a description of the tollway facility;
(c) a list of the major permits and approvals required for developing or operating improvements to the tollway facility from local, state, or federal agencies and a projected schedule for obtaining the permits and approvals;
(d) a description of the types of public utility facilities, if any, that will be crossed by the tollway facility and a statement of the plans to accommodate the crossing;
(e) an estimate of the design and construction costs of the tollway facility;
(f) a statement setting forth the private entity's general plans for developing or operating the tollway facility, including identification of any revenue, public or private, or proposed debt or equity investment proposed by the private entity;
(g) a statement of the estimated level of funding, if any, required to be provided by the state;
(h) the name and addresses of the persons who may be contacted for further information concerning the tollway development agreement proposal; and
(i) any other material or information that the department requires by rules made under this section.
(3) The department is not required to review a tollway development agreement proposal if it determines that the proposal does not meet the guidelines established under this section.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 2 - Public-Private Partnerships for Tollways Act › Section 205 - Solicited and unsolicited tollway development agreement proposals.

72-6-205.
Solicited and unsolicited tollway development agreement proposals.
(1) In accordance with this section, the department may:
(a) accept unsolicited tollway development agreement proposals; or
(b) solicit tollway development agreement proposals for a proposed project.
(2) The department shall solicit tollway development agreement proposals in accordance with Section 63G-6a-1403.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department and the commission shall establish rules and procedures for accepting unsolicited proposals that require the:
(a) private entity that submits the unsolicited proposal to comply with the minimum requirements for tollway development agreement proposals under Section 72-6-204;
(b) department to issue a request for competing proposals and qualifications that includes:
(i) a description of the proposed tollway development facility and the terms and conditions of a tollway development agreement;
(ii) submittal requirements;
(iii) the criteria to be used to evaluate the proposals;
(iv) the relative weight given to the criteria; and
(v) the deadline by which competing proposals must be received; and
(c) department to publish a notice advertising the request for competing proposals and providing information regarding how to obtain a copy of the request.
(4)
(a) The department may establish a fee in accordance with Section 63J-1-504 for reviewing unsolicited proposals and competing proposals submitted under this section.
(b) The department may waive the fee under Subsection (4)(a) if it determines that it is reasonable and in the best interest of the state.
Amended by Chapter 347, 2012 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 2 - Public-Private Partnerships for Tollways Act › Section 206 - Commission approval and legislative review of tollway development agreement provisions.

Effective 5/10/2016
72-6-206.
Commission approval and legislative review of tollway development agreement provisions.
(1) Prior to the department entering into a tollway development agreement under Section 72-6-203, the department shall submit to the commission for approval the tollway development agreement, including:
(a) a description of the tollway facility, including the conceptual design of the facility and all proposed interconnections with other transportation facilities;
(b) the proposed date for development, operation, or both of the tollway facility;
(c) the proposed term of the tollway development agreement;
(d) the proposed method to determine toll rates or user fees, including:
(i) identification of vehicle or user classifications, or both, for toll rates;
(ii) the original proposed toll rate or user fee for the tollway facility;
(iii) proposed toll rate or user fee increases; and
(iv) a maximum toll rate or user fee for the tollway facility; and
(e) any proposed revenue, public or private, or proposed debt or equity investment that will be used for the design, construction, financing, acquisition, maintenance, or operation of the tollway facility.
(2) Prior to amending or modifying a tollway development agreement, the department shall submit the proposed amendment or modification to the commission for approval.
(3) The department shall report to the Transportation Interim Committee or another committee designated by the Legislative Management Committee on the status and progress of a tollway subject to a tollway development agreement under Section 72-6-203.
Amended by Chapter 222, 2016 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 3 - Approval of Highway Facilities on Sovereign Lands Act › Section 302 - Definitions.

72-6-302.
Definitions.
As used in this part:
(1) "Sovereign lands" has the same meaning as defined in Section 65A-1-1.
(2) "Tollway" has the same meaning as defined in Section 72-6-118.
Amended by Chapter 369, 2012 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 4 - Highway Sponsorship Program Act › Section 402 - Definitions.

Effective 5/13/2014
72-6-402.
Definitions.
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.
Enacted by Chapter 132, 2014 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 4 - Highway Sponsorship Program Act › Section 403 - Highway sponsorship program -- Sponsorship advertisement restrictions -- Rulemaking.

Effective 5/14/2019
72-6-403.
Highway sponsorship program -- Sponsorship advertisement restrictions -- Rulemaking.
(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.
Amended by Chapter 479, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 1 - Protection of Rights-Of-Way › Section 103 - Limitation on access authority.

Effective 5/8/2018
72-7-103.
Limitation on access authority.
(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.
Amended by Chapter 72, 2018 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 1 - Protection of Rights-Of-Way › Section 104 - Installations constructed in violation of rules -- Rights of highway authorities to remove or require removal.

72-7-104.
Installations constructed in violation of rules -- Rights of highway authorities to remove or require removal.
(1) If any person, firm, or corporation installs, places, constructs, alters, repairs, or maintains any approach road, driveway, pole, pipeline, conduit, sewer, ditch, culvert, outdoor advertising sign, or any other structure or object of any kind or character within the right-of-way of any highway without complying with this title, the highway authority having jurisdiction over the right-of-way may:
(a) remove the installation from the right-of-way or require the person, firm, or corporation to remove the installation; or
(b) give written notice to the person, firm, or corporation to remove the installation from the right-of-way.
(2) Notice under Subsection (1)(b) may be served by:
(a) personal service; or
(b)
(i) mailing the notice to the person, firm, or corporation by certified mail; and
(ii) posting a copy on the installation for 10 days.
(3) If the installation is not removed within 10 days after the notice is complete, the highway authority may remove the installation at the expense of the person, firm, or corporation.
(4) A highway authority may recover:
(a) the costs and expenses incurred in removing the installation, serving notice, and the costs of a lawsuit if any; and
(b) $10 for each day the installation remained within the right-of-way after notice was complete.
(5)
(a) If the person, firm, or corporation disputes or denies the existence, placement, construction, or maintenance of the installation, or refuses to remove or permit its removal, the highway authority may bring an action to abate the installation as a public nuisance.
(b) If the highway authority is granted a judgment, the highway authority may recover the costs of having the public nuisance abated as provided in Subsection (4).
(6) The department, its agents, or employees, if acting in good faith, incur no liability for causing removal of an installation within a right-of-way of a highway as provided in this section.
(7) The actions of the department under this section are not subject to the provisions of Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 1 - Protection of Rights-Of-Way › Section 105 - Obstructing traffic on sidewalks or highways prohibited.

72-7-105.
Obstructing traffic on sidewalks or highways prohibited.
(1) A person may not:
(a) drive or place any vehicle, animal, or other thing upon or along any sidewalk except in crossing the sidewalk to or from abutting property; or
(b) permit the vehicle, animal, or other thing to remain on or across any sidewalk in a way that impedes or obstructs the ordinary use of the sidewalk.
(2)
(a) Except under Subsection (2)(b), vehicles, building material, or other similar things may be placed temporarily on highways in a manner that will not impede, endanger, or obstruct ordinary traffic.
(b) A highway authority may prohibit or may require the removal of vehicles, building material, or other obstructions on any highway under their jurisdiction.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 1 - Protection of Rights-Of-Way › Section 106 - Gates on class B and D roads.

72-7-106.
Gates on class B and D roads.
(1) As used in this section, "county road" means:
(a) a class B road as defined in Section 72-3-103; and
(b) a class D road as defined in Section 72-3-105.
(2) The county executive of a county may authorize the erection or maintenance of a gate on a county road in order to avoid the necessity of building highway fences.
(3) The person for whose immediate benefit a gate is erected or maintained shall in all cases bear the expense.
(4) Nothing contained in Section 72-7-105 shall be construed to prohibit a person from placing an unlocked, nonrestrictive gate across a county road, or maintaining the same, with the authorization of the county executive of that county.
(5)
(a) A gate is not allowed on a county road unless authorized by the county executive in accordance with the provisions of this section.
(b) If the expense of the erection and maintenance of the gate is not paid or if a lock or other device is placed upon the gate so as to make it restrictive, the county executive of that county shall notify the responsible party that county approval is terminated and the gate is considered to be an obstruction under Section 72-7-105.
(6) The placement or maintenance of a gate with the authorization of the county executive across a county road does not constitute or establish an abandonment under Section 72-5-105 or 72-5-305 by the county and does not establish an easement on behalf of the person establishing the gate.
(7) A person who commits any of the following acts is guilty of a class B misdemeanor and is liable for all damages suffered by a party as a result of the acts:
(a) leaves open a gate, erected or maintained under this section;
(b) unnecessarily drives over the ground adjoining the highway on which a gate is erected;
(c) places a lock or other restrictive device on a gate; or
(d) violates a rule or regulation of a county legislative body relating to the gates within the county.
Amended by Chapter 239, 2003 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 1 - Protection of Rights-Of-Way › Section 107 - Public safety program signs -- Permits.

72-7-107.
Public safety program signs -- Permits.
(1) As used in this section, "public safety program sign" means a sign, placed on or adjacent to a highway, that is promoting a highway safety program or highway safety practice, or a crime or drug abuse prevention program that is being sponsored by the department, the Department of Public Safety, or a local law enforcement agency.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to allow public safety program signs on state highways by permit. The rules shall contain reasonable terms and conditions:
(a) that are no more restrictive than motorist service signing requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways adopted under Section 41-6a-301; and
(b) for granting and maintaining a permit.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 1 - Protection of Rights-Of-Way › Section 110 - Memorial signs honoring highway patrol officers.

72-7-110.
Memorial signs honoring highway patrol officers.
(1)
(a) The Utah Department of Transportation may erect memorial signs along state highways, honoring Utah Highway Patrol officers who have been killed in the line of duty.
(b) The memorial signs shall:
(i) be located in the community of the fallen trooper that the memorial is intended to honor; and
(ii) correlate with, and where possible conform to, the sign requirements in the most recent edition of the Manual on Uniform Traffic Control Devices for Streets and Highways adopted under Section 41-6a-301.
(2) Memorial signs erected in accordance with this section shall be funded by:
(a) any voluntary contributions the department receives for the memorial signs;
(b) funds appropriated by the Legislature to the department for memorial signs under this section; or
(c) a combination of the funds available under Subsections (2)(a) and (b).
Enacted by Chapter 42, 2012 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 2 - Junkyard Control Act › Section 201 - Purpose.

72-7-201.
Purpose.
The regulation of junkyards in areas adjacent to any state highway included in the national system of interstate and primary highways is a statewide public purpose and necessary to promote the public safety, health, welfare, convenience, and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering on the highways.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 2 - Junkyard Control Act › Section 202 - Definitions.

72-7-202.
Definitions.
As used in this part:
(1) "Automobile graveyard" means any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
(2) "Junk" means old or scrap copper, brass, rope, rags, batteries, plastic, paper, trash, rubber, waste, junked, dismantled, or wrecked automobiles or their parts, and iron, steel, and other old or scrap ferrous or nonferrous material.
(3) "Junkyard" means any place, establishment, or business maintained, used, or operated for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. Junkyard includes a salvage yard, war surplus yard, garbage dump, recycling facility, garbage processing facility, and sanitary land fill.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 2 - Junkyard Control Act › Section 203 - License required.

72-7-203.
License required.
(1) A person may not establish, operate, or maintain a junkyard, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any interstate or federal-aid primary highway, without obtaining a license from the department under this part.
(2) A municipality may adopt ordinances, not in conflict with this part, to regulate the creation or maintenance of junkyards of any type within 660 feet of the right-of-way of designated state and federal highways within the jurisdictional limits of the adopting municipality.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules, not in conflict with this part, to regulate the creation and maintenance of junkyards within 660 feet of the right-of-way of designated federal and state highways outside the jurisdictional limits of a municipality.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 2 - Junkyard Control Act › Section 204 - Issuance of licenses -- Fees -- Duration -- Renewal -- Disposition of proceeds.

72-7-204.
Issuance of licenses -- Fees -- Duration -- Renewal -- Disposition of proceeds.
(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.
Amended by Chapter 21, 1999 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 2 - Junkyard Control Act › Section 205 - Conditions for licensing of junkyard within 1,000 feet of highway.

72-7-205.
Conditions for licensing of junkyard within 1,000 feet of highway.
(1) The department may not grant a license for the establishment, maintenance, or operation of a junkyard within 1,000 feet of the nearest edge of the right-of-way of any highway on the interstate or primary systems unless the junkyard is:
(a) screened by natural objects, plantings, fences, or other appropriate means so the junkyard is not visible from the main-traveled-way of the system; and
(b)
(i) located within areas that are zoned for industrial use under county or municipal ordinances; or
(ii) located within unzoned industrial areas, determined by actual land uses as defined by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) A junkyard controlled by this part may not be expanded or have its use extended except by permission of the department under rules made by the department.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 2 - Junkyard Control Act › Section 206 - Screening of existing junkyards.

72-7-206.
Screening of existing junkyards.
(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.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 2 - Junkyard Control Act › Section 207 - Junkyards not adaptable to screening -- Authority of department to acquire land -- Compensation.

72-7-207.
Junkyards not adaptable to screening -- Authority of department to acquire land -- Compensation.
(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.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 2 - Junkyard Control Act › Section 208 - Junkyard operated in violation of provisions is public nuisance -- Abatement -- Adjudicative proceedings -- Judicial review -- Costs of abatement.

72-7-208.
Junkyard operated in violation of provisions is public nuisance -- Abatement -- Adjudicative proceedings -- Judicial review -- Costs of abatement.
(1) The establishment, operation, or maintenance of any junkyard contrary to the provisions of this part is a public nuisance.
(2) The department shall:
(a) enforce the provisions of this part and administrative rules the department makes under this part; and
(b) except as provided in Subsection (3) and in its enforcement of the provisions of this part, comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.
(3)
(a) The district court has 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 is in the county in which the junkyard is located.
(4) If the department is granted a judgment, the department is entitled to take action necessary to cause the nuisance to be abated and is entitled to recover from the responsible person, firm, or corporation, jointly and severally:
(a) the costs and expenses incurred in abating the nuisance; and
(b) $10 for each day the junkyard was maintained following the expiration of 10 days after notice of agency action was filed and served under Section 63G-4-201.
Amended by Chapter 140, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 2 - Junkyard Control Act › Section 209 - Enforcement authority -- Agreements with United States.

72-7-209.
Enforcement authority -- Agreements with United States.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules:
(a) governing the materials that may be used for screening and the location, construction, and maintenance of screening for junkyards; and
(b) implementing and enforcing this part.
(2) The department may:
(a) enter into agreements with the secretary pursuant to Title 23, United States Code as amended, relating to the control of junkyards in areas adjacent to the interstate and primary systems; and
(b) take action in the name of the state to comply with the terms of the agreements.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 2 - Junkyard Control Act › Section 210 - Present ordinances or regulations may be stricter.

72-7-210.
Present ordinances or regulations may be stricter.
Nothing in this part affects the provisions of any lawful ordinance or regulation which is more restrictive than the provisions of this part.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 3 - Highway Damage Liability › Section 301 - Liability for damage to highway, highway equipment, or highway sign -- Liability for damage to highway from illegal operation of oversize or overweight vehicles -- Recovery.

Effective 5/5/2021
72-7-301.
Liability for damage to highway, highway equipment, or highway sign -- Liability for damage to highway from illegal operation of oversize or overweight vehicles -- Recovery.
(1) A person who by any means willfully or negligently injures or damages any highway, highway equipment, or highway sign is liable for the damage.
(2) A person who operates or moves any vehicle or object on any highway is liable for all damage that the highway sustains from:
(a) any illegal operation or movement of a vehicle or object; and
(b) any vehicle or object that exceeds the maximum size, weight, or load limitations specified by law, with or without authority of an oversize or overweight permit.
(3)
(a) Except under Subsection (3)(b), if the operator is not the owner of the vehicle or object but is operating or moving the vehicle or object with the express or implied permission of the owner, the owner and operator are jointly and severally liable under Subsection (2) for any damage caused to a highway by the operation or movement of the vehicle or object.
(b) An operator who is not the owner of the vehicle or object and who under an express or implied condition of his employment or any privilege related to his employment is required to operate or move a vehicle or object in violation of Part 4, Vehicle Size, Weight, and Load Limitations, is not liable for any damage caused to a highway by the illegal operation or movement of the vehicle or object.
(4) The value of the property damaged may be recovered in a civil action brought by the highway authority having jurisdiction over the property damaged.
(5)
(a) For purposes of this section, the value of the damaged property includes the full cost to:
(i) repair the damaged property; or
(ii) replace the damaged property with a replacement that is functionally equivalent to the property that was damaged.
(b) Except for the replacement of a damaged motor vehicle, the costs described in Subsection (5)(a) may not be reduced based on the depreciated value of the damaged property at the time the damage occurs.
Amended by Chapter 239, 2021 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 3 - Highway Damage Liability › Section 302 - Damage to signs, warnings, or barriers -- Penalty.

72-7-302.
Damage to signs, warnings, or barriers -- Penalty.
(1) A person is guilty of a class B misdemeanor who willfully and unlawfully removes, defaces, or interferes with any highway sign, signal, notice, warning, or barrier.
(2) A person who commits an offense under Subsection (1) that results in an injury to a person or damage to property is guilty of a class A misdemeanor.
Amended by Chapter 140, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 3 - Highway Damage Liability › Section 303 - Escaping water and other obstructions -- Injuring or obstructing highway -- Penalty for violations.

72-7-303.
Escaping water and other obstructions -- Injuring or obstructing highway -- Penalty for violations.
(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.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 3 - Highway Damage Liability › Section 304 - Injury to trees on highways -- Penalty for violations.

72-7-304.
Injury to trees on highways -- Penalty for violations.
(1) A person may not dig up, cut down, or otherwise willfully damage or destroy any shade, ornamental, or other tree, planted and standing on any public highway in conformity to law.
(2) A person who violates this section is guilty of a class B misdemeanor and is liable to the owner of the tree for treble the amount of damages sustained.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 3 - Highway Damage Liability › Section 305 - Driving animals over highways -- Liability for damages.

72-7-305.
Driving animals over highways -- Liability for damages.
(1) Except for a livestock highway, a person who drives a herd of domestic animals over a public highway is liable for any damage done by the animals in destroying the banks or rolling rocks into or upon the highway.
(2) The damage may be recovered in a civil action brought by a highway authority having jurisdiction over the highway.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 3 - Highway Damage Liability › Section 306 - Limited highways -- Penalty for driving animals over.

72-7-306.
Limited highways -- Penalty for driving animals over.
(1) A highway authority may declare a public highway that is laid out through improved lands that are not protected by fences along the lines of the highway passing through it, to be limited highways. A notice to that effect shall be posted at each end of a limited highway.
(2) A person who willfully drives any band or herd of domestic animals over a limited highway except during the time that the abutting lands are thrown open to the public by the owners for grazing purposes, is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 4 - Vehicle Size, Weight, and Load Limitations › Section 401 - Application of size, weight, and load limitations for vehicles -- Exceptions.

Effective 7/1/2017
72-7-401.
Application of size, weight, and load limitations for vehicles -- Exceptions.
(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.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 4 - Vehicle Size, Weight, and Load Limitations › Section 403 - Towing requirements and limitations on towing.

Effective 5/10/2016
72-7-403.
Towing requirements and limitations on towing.
(1)
(a) The draw-bar or other connection between any two vehicles, one of which is towing or drawing the other on a highway, may not exceed 15 feet in length from one vehicle to the other except:
(i) in the case of a connection between any two vehicles transporting poles, pipe, machinery, or structural material that cannot be dismembered when transported upon a pole trailer as defined in Section 41-6a-102; or
(ii) when operated under a permit under Section 72-7-406.
(b) When the connection between the two vehicles is a chain, rope, or cable, a red flag or other signal or cloth not less than 12 inches both in length and width shall be displayed on or near the midpoint of the connection.
(2) A person may not operate a combination of vehicles when any trailer, semitrailer, or other vehicle being towed:
(a) whips or swerves from side to side dangerously or unreasonably; or
(b) fails to follow substantially in the path of the towing vehicle.
(3) A person who violates this section is guilty of an infraction.
Amended by Chapter 303, 2016 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 4 - Vehicle Size, Weight, and Load Limitations › Section 405 - Measuring vehicles for size and weight compliance -- Summary powers of peace officers -- Penalty for violations.

Effective 5/10/2016
72-7-405.
Measuring vehicles for size and weight compliance -- Summary powers of peace officers -- Penalty for violations.
(1) Any peace officer having reason to believe that the height, width, length, or weight of a vehicle and load is unlawful may require the operator to stop the vehicle and submit to a measurement or weighing of the vehicle and load.
(2) A peace officer may require that the vehicle be driven to the nearest scales or port-of-entry if the scales or port-of-entry is within three miles.
(3)
(a) A peace officer, special function officer, or port-of-entry agent may measure or weigh a vehicle and vehicle load for compliance with this chapter.
(b) If, upon measuring or weighing a vehicle and load, it is determined that the height, width, length, or weight is unlawful, the measuring or weighing peace officer, special function officer, or port-of-entry agent may require the operator to park the vehicle in a suitable place. The vehicle shall remain parked until the vehicle or its load is adjusted or a portion of the load is removed to conform to legal limits. All materials unloaded shall be cared for by the owner or operator of the vehicle at his risk.
(4) An operator who fails or refuses to stop and submit the vehicle and load to a measurement or weighing, or who fails or refuses when directed by a peace officer, special function officer, or port-of-entry agent to comply with this section is guilty of an infraction.
Amended by Chapter 303, 2016 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 4 - Vehicle Size, Weight, and Load Limitations › Section 407 - Implements of husbandry -- Escort vehicle requirements -- Oversize permit -- Penalty.

Effective 5/10/2016
72-7-407.
Implements of husbandry -- Escort vehicle requirements -- Oversize permit -- Penalty.
(1) As used in this section, "escort vehicle" means a motor vehicle, as defined under Section 41-1a-102, that has its emergency warning lights operating, and that is being used to warn approaching motorists by either preceding or following a slow or oversized vehicle, object, or implement of husbandry being moved on the highway.
(2) An implement of husbandry being moved on a highway shall be accompanied by:
(a) front and rear escort vehicles when the implement of husbandry is 16 feet in width or greater unless the implement of husbandry is moved by a farmer or rancher or the farmer or rancher's employees in connection with an agricultural operation; or
(b) one or more escort vehicles when the implement of husbandry is traveling on a highway where special hazards exist related to weather, pedestrians, other traffic, or highway conditions.
(3) In addition to the requirements of Subsection (2), a person may not move an implement of husbandry on a highway during hours of darkness without lights and reflectors as required under Section 41-6a-1608 or 41-6a-1609.
(4)
(a) Except for an implement of husbandry moved by a farmer or rancher or the farmer's or rancher's employees in connection with an agricultural operation, a person may not move an implement of husbandry on the highway without:
(i) an oversize permit obtained under Section 72-7-406 if required;
(ii) trained escort vehicle drivers and approved escort vehicles when required under Subsection (2); and
(iii) compliance with the vehicle weight requirements of Section 72-7-404.
(b)
(i) The department shall issue an annual oversize permit for the purpose of allowing the movement of implements of husbandry on the highways in accordance with this chapter.
(ii) The permit shall require the applicant to obtain verbal permission from the department for each trip involving the movement of an implement of husbandry 16 feet or greater in width.
(5) Any person who violates this section is guilty of an infraction.
Amended by Chapter 303, 2016 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 7 - Protection of Highways Act › Part 4 - Vehicle Size, Weight, and Load Limitations › Section 408 - Highway authority -- Restrictions on highway use -- Erection and maintenance of signs designating restrictions -- Penalty.

Effective 5/10/2016
72-7-408.
Highway authority -- Restrictions on highway use -- Erection and maintenance of signs designating restrictions -- Penalty.
(1)
(a) Subject to Subsection (1)(b), a highway authority may by rule or ordinance prescribe procedures and criteria which prohibit the operation of any vehicle or impose restrictions on the weight of a vehicle upon any highway under its jurisdiction.
(b) A highway authority may impose restrictions for a highway under Subsection (1)(a) if an engineering inspection concludes that, due to deterioration caused by climatic conditions, a highway will be seriously damaged or destroyed unless certain vehicles are prohibited or vehicle weights are restricted.
(2) The highway authority imposing restrictions under this section shall erect signs citing the provisions of the rule or ordinance at each end of that portion of any highway affected. The restriction is effective only when the signs are erected and maintained.
(3) Any person who violates any restriction imposed under the authority of this section is guilty of an infraction.
Amended by Chapter 303, 2016 General Session