reglab/statecodes huggingface dataset:
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 3 - Rights-Of-Way Across Federal Lands Act › Section 306 - Assumption of risk -- Immunity -- Public safety.

72-5-306.
Assumption of risk -- Immunity -- Public safety.
(1) An R.S. 2477 right-of-way not designated under Section 72-3-102, 72-3-103, or 72-3-104 as a Class A, B, or C road is traveled at the risk of the user.
(2) The state and its political subdivisions do not waive immunity under Title 63G, Chapter 7, Governmental Immunity Act of Utah, for injuries or damages occurring in or associated with any R.S. 2477 right-of-way.
(3) The state and its political subdivisions assume no liability for injury or damage resulting from a failure to maintain any:
(a) R.S. 2477 right-of-way for vehicular travel; or
(b) highway sign on an R.S. 2477 right-of-way.
(4) If the state or any political subdivision of the state chooses to maintain an R.S. 2477 right-of-way, the basic governmental objective involved in providing the improvements is the consistent promotion of public safety.
(5)
(a) The state recognizes that there are limited funds available to upgrade all R.S. 2477 rights-of-way to applicable safety standards.
(b) A decision by the state or a political subdivision of the state to allocate funds for maintaining an R.S. 2477 right-of-way is the result of evaluation and assigning of priorities for the promotion of public safety.
(c) The state or a political subdivision of the state must use its judgment and expertise to evaluate which safety feature improvements should be made first. In making this policy determination the state or a political subdivision of the state may:
(i) perform on-site inspections and weigh all factors relating to safety, including the physical characteristics and configuration of the R.S. 2477 right-of-way and the volume and type of traffic on the R.S. 2477 right-of-way; and
(ii) consult with transportation experts who have expertise to make an evaluation of the relative dangerousness of R.S. 2477 rights-of-way within their jurisdiction.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 3 - Rights-Of-Way Across Federal Lands Act › Section 307 - Agreement affecting R.S. 2477 right-of-way.

72-5-307.
Agreement affecting R.S. 2477 right-of-way.
(1) Before a political subdivision of the state enters into an agreement with the federal government affecting the rights, status, or scope of an R.S. 2477 right-of-way, the political subdivision shall give written notice of its intent to enter the agreement, together with a copy of the proposed final agreement, to the governing body of every county of the state through which the right-of-way extends.
(2) After receiving notice of the proposed agreement, the governing body of a county shall, within 60 days, give written notice to the political subdivision that:
(a) the county does not object to the proposed agreement; or
(b) the county objects to the proposed agreement.
(3) If the governing body of a county through which an R.S. 2477 right-of-way extends objects to a proposed agreement in accordance with Subsection (2), the political subdivision proposing to enter into the agreement may only enter into the agreement if it obtains declaratory relief from the district court. The relief shall be granted if the political subdivision shows by a preponderance of evidence that the proposed agreement does not materially affect the objecting county's interests.
(4) If the governing body of a county through which an R.S. 2477 right-of-way extends fails to object within 60 days after receiving notice, in accordance with Subsection (2), the county is considered not to have an objection.
(5) If a political subdivision fails to provide notice of a proposed agreement to a county as required by Subsection (1), the political subdivision is considered without authority to enter into the agreement, and the agreement is void.
(6) In accordance with the joint title provisions in Subsection 72-5-302(2), an agreement between a political subdivision of the state and the federal government may not affect the interests of the state regarding an R.S. 2477 right-of-way, unless the state is also a party to the agreement.
(7) This section does not affect an agreement made solely for the purpose of:
(a) maintenance, as defined under Section 72-5-301; or
(b) preserving safe travel of an R.S. 2477 right-of-way.
Enacted by Chapter 123, 2001 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 3 - Rights-Of-Way Across Federal Lands Act › Section 308 - Provisions govern determinations -- Determinations effective dates.

72-5-308.
Provisions govern determinations -- Determinations effective dates.
The provisions of this part pertaining to substantive standards for acceptance of the R.S. 2477 grant shall govern the R.S. 2477 assessments of the governor or the governor's designee and the decisions of the courts to the extent that the provisions are consistent with state law, including common law, applicable as of the cut-off date.
Enacted by Chapter 293, 2003 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 3 - Rights-Of-Way Across Federal Lands Act › Section 309 - Acceptance of rights-of-way -- Notice of acknowledgment required.

Effective 5/4/2022
72-5-309.
Acceptance of rights-of-way -- Notice of acknowledgment required.
(1) The governor or the governor's designee may assess whether the grant of the R.S. 2477 has been accepted with regard to any right-of-way so as to vest title of the right-of-way in the state and the applicable political subdivision as provided for in Section 72-5-103.
(2) If the governor or governor's designee concludes that the grant has been accepted as to any right-of-way, the governor or a designee shall issue a notice of acknowledgment of the acceptance of the R.S. 2477 grant as to that right-of-way.
(3) A notice of acknowledgment of the R.S. 2477 grant shall include:
(a) a statement of reasons for the acknowledgment;
(b) a general description of the right-of-way or rights-of-way subject to the notice of acknowledgment, including the county in which it is located, and notice of where a center-line description derived from Global Positioning System data may be viewed or obtained;
(c) a statement that the owner of the servient estate in the land over which the right-of-way or rights-of-way subject to the notice runs or any person with a competing dominant estate ownership claim may file a petition with the district court for a decision regarding the correctness or incorrectness of the acknowledgment; and
(d) a statement of the time limit provided in Section 72-5-310 for filing a petition.
(4)
(a)
(i) The governor or the governor's designee may record a notice of acknowledgment, and any supporting affidavit, map, or other document purporting to establish or affect the state's property interest in the right-of-way or rights-of-way, in the office of the county recorder in the county where the right-of-way or rights-of-way exist.
(ii)
(A) A notice of acknowledgment recorded in the county recorder's office is not required to be accompanied by a paper copy of the center-line description.
(B) A paper copy of each center-line description together with the notice of acknowledgment shall be placed in the state archives created in Section 63A-12-101 and made available to the public upon request in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
(C) An electronic copy of the center-line description identified in a notice of acknowledgment shall be available upon request at:
(I) the county recorder's office; or
(II) the Utah Geospatial Resource Center created in Section 63A-16-505.
(b) A notice of acknowledgment recorded in the county recorder's office is conclusive evidence of acceptance of the R.S. 2477 grant upon:
(i) expiration of the 60-day period for filing a petition under Section 72-5-310 without the filing of a petition; or
(ii) a final court decision that the notice of acknowledgment was not incorrect.
Amended by Chapter 259, 2022 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 3 - Rights-Of-Way Across Federal Lands Act › Section 310 - Notice of acknowledgment -- Court determination -- Presumption of acceptance.

72-5-310.
Notice of acknowledgment -- Court determination -- Presumption of acceptance.
(1) The governor or the governor's designee shall provide a copy of the notice of acknowledgement by certified mail and return receipt requested to:
(a) the last known owner of the servient estate in land over which the right-of-way or rights-of-way subject to the notice runs; and
(b) any person known to have a competing dominant estate ownership claim.
(2)
(a) A person with a servient estate or competing dominant estate ownership claim to the right-of-way may petition for a decision of the district court as to the correctness of the acknowledgment of acceptance of the R.S. 2477 grant issued under Section 72-5-309.
(b) Venue for the court action shall be the district court for Salt Lake County.
(c) The petition shall be filed no later than 60 days after the date on which the petitioner received a copy of the notice of acknowledgment.
(d) The state, through the governor or the governor's designee, shall be named as a respondent and served with a copy of the petition in accordance with the Utah Rules of Civil Procedure.
(e) No one other than a person with a servient estate ownership claim in land over which the right-of-way or rights-of-way subject to the notice runs or a competing dominant estate claim may challenge the correctness of a notice of acknowledgment.
(3) The petition for a court decision of the correctness of the notice of acknowledgment shall be a complaint governed by the Utah Rules of Civil Procedure and shall contain:
(a) the petitioner's name and mailing address;
(b) a copy of the notice of acknowledgment the petitioner asserts is incorrect;
(c) a request for relief specifying the type and extent of relief requested; and
(d) a statement of the reasons why the petitioner is entitled to relief.
(4) Except as provided under this Part 3, Rights-Of-Way Across Federal Lands Act, all pleadings and proceedings to determine the correctness of a notice of acknowledgment in the district court are governed by the Utah Rules of Civil Procedure.
(5) The court shall make its decision without deference to the notice of acknowledgment.
(6)
(a) In accordance with Section 72-5-302, a rebuttable presumption that the R.S. 2477 grant has been accepted is created when:
(i) a highway existed on public lands not reserved for public uses as of the cut-off date under Section 72-5-301; and
(ii) the highway currently exists in a condition suitable for public use.
(b) The proponent of the R.S. 2477 status of the highway bears the burden of proving acceptance of the grant by a preponderance of the evidence for all decisions that are not subject to Subsection (6)(a).
Amended by Chapter 9, 2006 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 4 - Transportation Corridor Preservation › Section 401 - Definitions.

Effective 5/8/2018
72-5-401.
Definitions.
As used in this part:
(1) "Corridor" means the path or proposed path of a transportation facility, including a public transit facility, that exists or that may exist in the future, and may include the land occupied or to be occupied by a transportation facility, and any other land that may be needed for expanding a transportation facility or for controlling access to it.
(2) "Corridor preservation" means planning or acquisition processes intended to:
(a) protect or enhance the capacity of existing corridors; and
(b) protect the availability of proposed corridors in advance of the need for and the actual commencement of the transportation facility construction.
(3) "Development" means:
(a) the subdividing of land;
(b) the construction of improvements, expansions, or additions; or
(c) any other action that will appreciably increase the value of and the future acquisition cost of land.
(4) "Official map" means a map, drawn by government authorities and recorded in county recording offices that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities;
(b) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and
(c) for counties and municipalities may be adopted as an element of the general plan, pursuant to Title 17, Chapter 27a, Part 4, General Plan, or Title 10, Chapter 9a, Part 4, General Plan.
(5) "Taking" means an act or regulation, either by exercise of eminent domain or other police power, whereby government puts private property to public use or restrains use of private property for public purposes, and that requires compensation to be paid to private property owners.
Amended by Chapter 424, 2018 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 4 - Transportation Corridor Preservation › Section 402 - Public purpose.

72-5-402.
Public purpose.
(1) The Legislature finds and declares that the planning and preservation of transportation corridors is a public purpose, that the acquisition of public rights in private property for possible use as a transportation corridor years in advance is a public purpose, and that acquisition of public rights in private property for possible use as alternative transportation corridors is a public purpose, even if one or more of the transportation corridors is eventually not used for a public purpose, so long as reasonable evidence exists at the time of acquisition that the transportation facility will be developed within the time period established under this part.
(2) The Legislature finds and declares that the acquisition of private property rights for the preservation of transportation corridors should be done on a voluntary basis and not by the use of eminent domain powers.
Amended by Chapter 300, 2003 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 4 - Transportation Corridor Preservation › Section 403 - Transportation corridor preservation powers.

Effective 5/3/2023
72-5-403.
Transportation corridor preservation powers.
(1) The department, counties, and municipalities may:
(a) act in cooperation with one another and other government entities to promote planning for and enhance the preservation of transportation corridors and to more effectively use the money available in the Marda Dillree Corridor Preservation Fund created in Section 72-2-117;
(b) undertake transportation corridor planning, review, and preservation processes; and
(c) acquire fee simple rights and other rights of less than fee simple, including easement and development rights, or the rights to limit development, including rights in alternative transportation corridors, and to make these acquisitions up to a projected 40 years in advance of using those rights in actual transportation facility construction.
(2) In addition to the powers described under Subsection (1), counties and municipalities may:
(a) limit development for transportation corridor preservation by land use regulation and by official maps; and
(b) by ordinance prescribe procedures for approving limited development in transportation corridors until the time transportation facility construction begins.
(3)
(a) The department shall identify and the commission shall approve transportation corridors as high priority transportation corridors for transportation corridor preservation.
(b) The department shall notify a county or municipality if the county or municipality has land within its boundaries that is located within the boundaries of a high priority transportation corridor.
(c) The department may, on a voluntary basis, acquire private property rights within the boundaries of a high priority transportation corridor for which a notification has been received in accordance with Section 10-9a-206 or 17-27a-206.
Amended by Chapter 39, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 4 - Transportation Corridor Preservation › Section 404 - Disposition of excess property rights.

72-5-404.
Disposition of excess property rights.
If the department has acquired property rights in land in proposed transportation corridors, and some or all of that land is eventually not used for the proposed transportation corridors, the department shall dispose of the property rights in accordance with the provisions of Section 78B-6-521.
Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 4 - Transportation Corridor Preservation › Section 405 - Private owner rights.

72-5-405.
Private owner rights.
(1) The department, counties, and municipalities shall observe all protections conferred on private property rights, including Title 63L, Chapter 3, Private Property Protection Act, Title 63L, Chapter 4, Constitutional Takings Issues Act, and compensation for takings.
(2) Private property owners from whom less than fee simple rights are obtained for transportation corridors or transportation corridor preservation have the right to petition the department, a county, or a municipality to acquire the entire fee simple interest in the affected property.
(3)
(a) A private property owner whose property's development is limited or restricted by a power granted under this part may petition the county or municipality that adopted the official map to acquire less than or the entire fee simple interest in the affected property, at the option of the property owner.
(b) If the county or municipality petitioned under Subsection (3)(a) does not acquire the interest in the property requested by the property owner, then the county or municipality may not exercise any of the powers granted under this part to limit or restrict the affected property's development.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 4 - Transportation Corridor Preservation › Section 406 - Rulemaking.

72-5-406.
Rulemaking.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules providing for private property owner petition procedures described in Section 72-5-405.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 5 - Rights-Of-Way Act › Part 4 - Transportation Corridor Preservation › Section 407 - Voluntary purchase of property for corridor preservation -- Notice requirements.

Effective 5/12/2020
72-5-407.
Voluntary purchase of property for corridor preservation -- Notice requirements.
(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).
Enacted by Chapter 69, 2020 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 102 - Uniform plans and specifications for construction and maintenance.

72-6-102.
Uniform plans and specifications for construction and maintenance.
The department shall:
(1) prepare and adopt uniform standard plans and specifications for the construction and maintenance of state highways; and
(2) issue a manual containing plans and specifications for the information and guidance of officials having supervision of the construction and maintenance of state highways.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 103 - Plans, specifications, and estimates for culverts, bridges, and road construction.

72-6-103.
Plans, specifications, and estimates for culverts, bridges, and road construction.
The department shall furnish plans, specifications, and estimates for culverts, bridges, road construction, and other related information desired by local highway authorities for use on county roads and city streets on terms mutually agreed upon.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 104 - Highways to conform to grade and direction in municipalities.

72-6-104.
Highways to conform to grade and direction in municipalities.
Except for the highways part of the interstate system, a highway that extends through a municipality shall conform to the direction and grade of other streets in the municipality unless permission is obtained from the highway authorities of the municipality for a variance in the direction and grade.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 105 - Contracts for construction and maintenance -- Agreements with county or municipality.

72-6-105.
Contracts for construction and maintenance -- Agreements with county or municipality.
The department may enter into written agreements on behalf of the state with any county or municipality for rights-of-way and the construction or maintenance of any part of a state highway:
(1) at the expense of the state;
(2) at the expense of any county or municipality; or
(3) at the joint expense of the state and any county and any municipality.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 106 - Use of recycled asphalt.

72-6-106.
Use of recycled asphalt.
(1) In making plans, specifications, and estimates, and in advertising for bids under this chapter, the department shall allow up to 25% but may allow up to 60% reclaimed asphalt pavement to be incorporated into hot asphaltic concrete used for road construction and maintenance.
(2) The department shall ensure that hot asphaltic concrete incorporating reclaimed asphalt pavement meets or exceeds the department quality standards for roads constructed or maintained with hot asphaltic concrete not containing reclaimed asphalt pavement.
(3) If the department rejects any hot asphaltic concrete containing reclaimed asphalt pavement, the department shall give a written statement to the provider indicating the specific reasons the hot asphaltic concrete was rejected.
(4) This section does not authorize the state to directly or indirectly subsidize the production of hot asphaltic concrete containing reclaimed asphalt pavement.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 106.5 - Reuse of industrial byproducts.

72-6-106.5.
Reuse of industrial byproducts.
(1) As used in this section:
(a) "Director" is as defined in Section 19-6-1102.
(b) "Industrial byproduct" has the same meaning as defined in Section 19-6-1102.
(c) "Public project" has the same meaning as defined in Section 19-6-1102.
(d) "Reuse" has the same meaning as defined in Section 19-6-1102.
(2) Consistent with the protection of public health and the environment and generally accepted engineering practices, the department shall, to the maximum extent possible considering budgetary factors:
(a) allow and encourage the reuse of an industrial byproduct in:
(i) a plan, specification, and estimate for a public project; and
(ii) advertising for a bid for a public project;
(b) allow for the reuse of an industrial byproduct in, among other uses:
(i) landscaping;
(ii) a general geotechnical fill;
(iii) a structural fill;
(iv) concrete or asphalt;
(v) a base or subbase; and
(vi) geotechnical drainage materials; and
(c) promulgate and apply public project specifications that allow reuse of an industrial byproduct based upon:
(i) cost;
(ii) performance; and
(iii) engineered equivalency in lifespan, durability, and maintenance.
(3) After the director issues an approval under Section 19-6-1104 and the department uses the industrial byproduct in compliance with the director's approval:
(a) the department is not responsible for further management of the industrial byproduct; and
(b) the generator or originator of the industrial byproduct is not responsible for the industrial byproduct under Title 19, Environmental Quality Code.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 108 - Class B and C roads -- Improvement projects -- Notice -- Contracts -- Retainage.

Effective 5/3/2023
72-6-108.
Class B and C roads -- Improvement projects -- Notice -- Contracts -- Retainage.
(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.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 108.5 - Class B and C roads -- Federal-aid highway construction contract.

72-6-108.5.
Class B and C roads -- Federal-aid highway construction contract.
(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.
Enacted by Chapter 175, 2011 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 110 - Supervision and standards of construction for class B and C roads.

72-6-110.
Supervision and standards of construction for class B and C roads.
(1) All construction plans, specifications, and estimates and all construction work under Section 72-6-108 shall be prepared and performed under the direct supervision of a registered professional engineer.
(2) The supervising engineer shall certify to the county legislative body or the municipal executive that all road construction projects conform to design and construction standards as currently adopted by the American Association of State Highway and Transportation officials.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 111 - Construction and maintenance of appurtenances -- Noise abatement measures.

72-6-111.
Construction and maintenance of appurtenances -- Noise abatement measures.
(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.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 112 - Traffic Noise Abatement Program -- Uses.

72-6-112.
Traffic Noise Abatement Program -- Uses.
(1) There is created the Traffic Noise Abatement Program.
(2) The program consists of money generated from the following revenue sources:
(a) any voluntary contributions received for traffic noise abatement; and
(b) appropriations made to the program by the Legislature.
(3) The department shall use program money as prioritized by the commission and as provided by law for the study, design, construction, and maintenance of noise abatement measures.
(4) All funding for the Traffic Noise Abatement Program shall be nonlapsing.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 113 - Acquisition and improvement of land for preservation of scenic beauty -- Authority of department.

72-6-113.
Acquisition and improvement of land for preservation of scenic beauty -- Authority of department.
(1) The department is authorized to acquire and improve strips of land necessary for the restoration, preservation, and enhancement of scenic beauty within and adjacent to a federal-aid highway of this state, including acquisition of publicly owned and controlled rest and recreation areas, sanitary, and other facilities within or adjacent to the highway right-of-way reasonably necessary to accommodate the traveling public.
(2) Acquisition may be by gift, purchase, or exchange but may not be by condemnation.
(3) The interest in any land authorized to be acquired and maintained under this section may be fee simple or any lesser interest, as determined by the department to be reasonably necessary to accomplish the purposes of this section.
(4)
(a) Real property, or any interest in real property, acquired under this section is part of the adjacent or nearest highway and is under the jurisdiction of the department.
(b) The department may enter into an agreement with any state agency for maintenance of land acquired in accordance with this section.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 114 - Restricting use of or closing highway -- Penalty for failure to observe barricade, warning light, etc.

72-6-114.
Restricting use of or closing highway -- Penalty for failure to observe barricade, warning light, etc.
(1) A highway authority may close or restrict travel on a highway under their jurisdiction due to construction, maintenance work, or emergency.
(2) If a highway or portion of a highway is closed or restricted to travel, a highway authority shall cause suitable barriers and notices to be posted and maintained in accordance with Section 41-6a-301.
(3) A person who willfully fails to observe any temporary or permanent barricade, warning light, sign, cone, or other object used in accordance with this section, or to obey a flagman, is guilty of a class B misdemeanor.
Amended by Chapter 59, 2012 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 115 - Traffic Management Systems.

72-6-115.
Traffic Management Systems.
(1)
(a) The Department of Transportation shall implement and administer traffic management systems to:
(i) facilitate the efficient flow of motor vehicle traffic on state highways to improve regional mobility; and
(ii) reduce motor vehicle emissions where those improvements are cost effective.
(b) A traffic management system shall be designed to allow safe, efficient, and effective:
(i) integration of existing traffic management systems;
(ii) additions of highways and intersections under county and city administrative jurisdiction;
(iii) incorporation of other traffic management systems; and
(iv) adaptation to future traffic needs.
(2)
(a) The cost of implementing and administering a traffic management system shall be shared pro rata by the department and the counties and municipalities using it.
(b) The department shall enter into an agreement or contract under Title 11, Chapter 13, Interlocal Cooperation Act, with a county or municipality to share costs incurred under this section.
(3) Additional highways and intersections under the administrative jurisdiction of a county or municipality may be added to a traffic management system upon application of the county or municipality after:
(a) approval by the department;
(b) determination of the appropriate cost share of the addition under Subsection (2)(a); and
(c) an agreement under Subsection (2)(b).
Amended by Chapter 374, 2012 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 117 - Limited-access facilities and service roads -- Access -- Right-of-way acquisition -- Grade separation -- Written permission required.

72-6-117.
Limited-access facilities and service roads -- Access -- Right-of-way acquisition -- Grade separation -- Written permission required.
(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.
Enacted by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 119 - "511" Traveler information services -- Lead agency -- Implementation -- Cooperation -- Rulemaking -- Costs.

72-6-119.
"511" Traveler information services -- Lead agency -- Implementation -- Cooperation -- Rulemaking -- Costs.
(1) As used in this section, "511" or "511 service" means three-digit telecommunications dialing to access intelligent transportation system -- traveler information service provided in the state in accordance with the Federal Communications Commission and United States Department of Transportation.
(2) The department is the state's lead agency for implementing 511 service and is the state's point of contact for coordinating 511 service with telecommunications service providers.
(3) The department shall:
(a) implement and administer 511 service in the state;
(b) coordinate with the highway authorities and public transit districts to provide advanced multimodal traveler information through 511 service and other means; and
(c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules as necessary to implement this section.
(4)
(a) In accordance with Title 11, Chapter 13, Interlocal Cooperation Act, the department shall enter into agreements or contracts with highway authorities and public transit districts to share the costs of implementing and administering 511 service in the state.
(b) The department shall enter into other agreements or contracts relating to the 511 service to offset the costs of implementing and administering 511 service in the state.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 120 - Department authorized to participate in federal program assuming responsibility for environmental review of highway projects -- Rulemaking authority.

Effective 5/8/2018
72-6-120.
Department authorized to participate in federal program assuming responsibility for environmental review of highway projects -- Rulemaking authority.
(1) The department may:
(a) assume responsibilities under 23 U.S.C. Sec. 326 for:
(i) determining whether state highway design and construction projects are categorically excluded from requirements for environmental assessments or environmental impact statements; and
(ii) environmental review, consultation, or other actions required under federal law for categorically excluded projects;
(b) assume responsibilities under 23 U.S.C. Sec. 327 with respect to one or more railroad, public transportation, highway, or multimodal projects within the state under the National Environmental Policy Act of 1969 for environmental review, consultation, or other action required under any federal environmental law pertaining to the review or approval of a specific highway project;
(c) enter one or more memoranda of understanding with the United States Department of Transportation related to federal highway programs as provided in 23 U.S.C. Secs. 326 and 327 subject to the requirements of Subsection 72-1-207(5);
(d) accept, receive, and administer grants, other money, or gifts from public and private agencies, including the federal government, for the purpose of carrying out the programs authorized under this section; and
(e) cooperate with the federal government in implementing this section and any memorandum of understanding entered into under Subsection 72-1-207(5).
(2) Notwithstanding any other provision of law, in implementing a program under this section that is approved by the United States Department of Transportation, the department is authorized to:
(a) perform or conduct any of the activities described in a memorandum of understanding entered into under Subsection 72-1-207(5);
(b) take actions necessary to implement the program; and
(c) adopt relevant federal environmental standards as the standards for this state for categorically excluded projects.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may makes rules to implement the provisions of this section.
Amended by Chapter 424, 2018 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 6 - Construction, Maintenance, and Operations Act › Part 1 - General Provisions › Section 121 - Clean fuel vehicle decal.

Effective 5/3/2023
72-6-121.
Clean fuel vehicle decal.
(1) Subject to the requirements of this section, the department shall issue a clean fuel vehicle decal permit and a clean fuel vehicle decal to an applicant if:
(a) the applicant is an owner of a vehicle:
(i) powered by clean fuel that meets the standards established by the department in rules authorized under Subsection 41-6a-702(5)(b); and
(ii) that is registered in the state of Utah;
(b) the applicant remits an application and all fees required under this section; and
(c) the department has clean fuel vehicle decals available subject to the limits established by the department in accordance with Subsection 41-6a-702(5)(b).
(2) The department shall establish the clean fuel vehicle decal design in consultation with the Utah Highway Patrol.
(3)
(a) An applicant for a clean fuel vehicle decal shall pay a clean fuel vehicle decal fee established by the department in accordance with Section 63J-1-504.
(b) Funds generated by the clean fuel vehicle decal fee may be used by the department to cover the costs incurred in issuing clean fuel vehicle decals under this section.
(4)
(a) The department shall issue a clean fuel vehicle decal permit and a clean fuel vehicle decal to a person who has been issued a clean fuel special group license plate prior to July 1, 2011.
(b) A person who applies to the department to receive a clean fuel vehicle decal permit and a clean fuel vehicle decal under Subsection (4)(a) is not subject to the fee imposed under Subsection (3).
(5)
(a) An owner of a vehicle may not place a clean fuel vehicle decal on a vehicle other than the vehicle specified in the application for the clean fuel vehicle decal permit and the clean fuel vehicle decal.
(b) An owner of a vehicle issued a clean fuel vehicle permit and clean fuel vehicle decal is not required to place the clean fuel vehicle decal on the vehicle specified to drive in the high occupancy lane described in Subsection 41-6a-702(5).
(c) A person operating a motor vehicle that has been issued a clean fuel vehicle decal shall:
(i) have in the person's immediate possession the clean fuel vehicle decal permit issued by the department for the motor vehicle the person is operating; and
(ii) present the permit upon demand of a peace officer.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to administer the clean fuel vehicle decal program authorized in this section.
Amended by Chapter 299, 2023 General Session