reglab/statecodes huggingface dataset:
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 120 - Tollway Special Revenue Fund -- Revenue.

Effective 5/8/2018
72-2-120.
Tollway Special Revenue Fund -- Revenue.
(1) There is created a special revenue fund within the Transportation Fund known as the "Tollway Special Revenue Fund."
(2) The fund shall be funded from the following sources:
(a) tolls collected by the department under Section 72-6-118;
(b) funds received by the department through a tollway development agreement under Section 72-6-203;
(c) appropriations made to the fund by the Legislature;
(d) contributions from other public and private sources for deposit into the fund;
(e) interest earnings on cash balances; and
(f) money collected for repayments and interest on fund money.
(3) The Division of Finance may create a subaccount for each tollway as defined in Section 72-6-118.
(4) The commission may authorize the money deposited into the fund to be spent by the department to establish and operate tollways and related facilities and state transportation systems, including design, construction, reconstruction, operation, maintenance, enforcement, impacts from tollways, and the acquisition of right-of-way.
Amended by Chapter 269, 2018 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 121.1 - Highway Projects Within Counties Fund -- Accounting for revenues -- Interest -- Expenditure of revenues.

Effective 5/14/2019
72-2-121.1.
Highway Projects Within Counties Fund -- Accounting for revenues -- Interest -- Expenditure of revenues.
(1) There is created a special revenue fund within the Transportation Fund known as the "Highway Projects Within Counties Fund."
(2) The Highway Projects Within Counties Fund shall be funded by revenues generated by a tax imposed by a county under Section 59-12-2216, if those revenues are allocated:
(a) for a state highway within the county; and
(b) in accordance with Section 59-12-2216.
(3) The department shall make a separate accounting for:
(a) the revenues described in Subsection (2); and
(b) each county for which revenues are deposited into the Highway Projects Within Counties Fund.
(4)
(a) The Highway Projects Within Counties Fund shall earn interest.
(b) The department shall allocate the interest earned on the Highway Projects Within Counties Fund:
(i) proportionately;
(ii) to each county's balance in the Highway Projects Within Counties Fund; and
(iii) on the basis of each county's balance in the Highway Projects Within Counties Fund.
(5) The department shall expend the revenues and interest deposited into the Highway Projects Within Counties Fund to pay:
(a) for a state highway project within the county for which the requirements of Subsection 59-12-2216(6) are met;
(b) debt service on a project described in Subsection (5)(a); or
(c) bond issuance costs related to a project described in Subsection (5)(a).
Amended by Chapter 479, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 121.3 - Special revenue fund -- 2010 Salt Lake County Revenue Bond Sinking Fund.

Effective 5/12/2020
72-2-121.3.
Special revenue fund -- 2010 Salt Lake County Revenue Bond Sinking Fund.
(1) There is created a special revenue fund within the County of the First Class Highway Projects Fund entitled "2010 Salt Lake County Revenue Bond Sinking Fund."
(2) The fund consists of:
(a) money transferred into the fund from the County of the First Class Highway Projects Fund in accordance with Subsection 72-2-121(4)(d); and
(b) for a fiscal year beginning on or after July 1, 2013, money transferred into the fund from the Transportation Investment Fund of 2005 in accordance with Subsection 72-2-124(4)(a)(iv).
(3)
(a) The fund shall earn interest.
(b) All interest earned on fund money shall be deposited into the fund.
(4)
(a) The director of the Division of Finance may use fund money only as provided in this section.
(b) The director of the Division of Finance may not distribute any money from the fund under this section until the director has received a formal opinion from the attorney general that Salt Lake County has entered into a binding agreement with the state of Utah containing all of the terms required by Section 72-2-121.4.
(c) Except as provided in Subsection (4)(b), and until the bonds issued by Salt Lake County as provided in the interlocal agreement required by Section 72-2-121.4 are paid off, on July 1 of each year beginning July 1, 2011, the director of the Division of Finance shall transfer from the County of the First Class Highway Projects Fund and the Transportation Investment Fund of 2005 to the 2010 Salt Lake County Revenue Bond Sinking Fund the amount certified by Salt Lake County that is necessary to pay:
(i) up to two times the debt service requirement necessary to pay debt service on the revenue bonds issued by Salt Lake County for that fiscal year; and
(ii) any additional amounts necessary to pay costs of issuance, pay capitalized interest, and fund any debt service reserve requirements.
(d) Except as provided in Subsection (4)(b), and until the bonds issued by Salt Lake County as provided in the interlocal agreement required by Section 72-2-121.4 are paid off, the director of the Division of Finance shall, upon request from Salt Lake County, transfer to Salt Lake County or its designee from the 2010 Salt Lake County Revenue Bond Sinking Fund the amount certified by Salt Lake County as necessary to pay:
(i) the debt service on the revenue bonds issued by Salt Lake County as provided in the interlocal agreement required by Section 72-2-121.4; and
(ii) any additional amounts necessary to pay costs of issuance, pay capitalized interest, and fund any debt service reserve requirements.
(5) Any money remaining in the 2010 Salt Lake County Revenue Bond Sinking Fund at the end of the fiscal year lapses to the County of the First Class Highway Projects Fund.
Amended by Chapter 366, 2020 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 123 - Rules adopting guidelines -- Partnering to finance state highway capacity improvements -- Partnering proposals.

Effective 5/3/2023
72-2-123.
Rules adopting guidelines -- Partnering to finance state highway capacity improvements -- Partnering proposals.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission, in consultation with representatives of local government, shall make rules adopting guidelines for partnering with counties and municipalities for their help to finance state highway improvement projects through:
(a) local matching dollars;
(b) agreements regarding new revenue a county or municipality expects will be generated as a result of the construction of a state highway improvement project; or
(c) other local participation methods.
(2) The guidelines described in Subsection (1) shall encourage partnering to help finance state highway improvement projects and provide for:
(a) the consideration of factors relevant to a decision to make a program adjustment including the potential to:
(i) extend department resources to other needed projects;
(ii) alleviate significant existing or future congestion or hazards to the traveling public; and
(iii) address a need that is widely recognized by the public, elected officials, and transportation planners;
(b) a process for submitting, evaluating, and hearing partnering proposals; and
(c) the creation of a public record of each proposal from initial submission to final disposition.
(3) The commission shall submit the proposed rules under this section to a committee or task force designated by the Legislative Management Committee for review prior to taking final action on the proposed rules or any proposed amendment to the rules.
Amended by Chapter 22, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 126 - Aeronautics Restricted Account.

Effective 5/4/2022
72-2-126.
Aeronautics Restricted Account.
(1) There is created a restricted account entitled the Aeronautics Restricted Account within the Transportation Fund.
(2) The account consists of money generated from the following revenue sources:
(a) aviation fuel tax allocated for aeronautical operations deposited into the account in accordance with Section 59-13-402;
(b) aircraft registration fees deposited into the account in accordance with Section 72-10-110;
(c) appropriations made to the account by the Legislature;
(d) contributions from other public and private sources for deposit into the account; and
(e) interest earned on account money.
(3) The department shall allocate funds in the account to the separate accounts of individual airports as required under Section 59-13-402.
(4)
(a) Except as provided in Subsection (4)(b), the department shall use funds in the account for:
(i) the construction, improvement, operation, and maintenance of publicly used airports in this state;
(ii) the payment of principal and interest on indebtedness incurred for the purposes described in Subsection (4)(a);
(iii) operation of the division of aeronautics;
(iv) the promotion of aeronautics in this state; and
(v) the payment of the costs and expenses of the Department of Transportation in administering Title 59, Chapter 13, Part 4, Aviation Fuel, or another law conferring upon it the duty of regulating and supervising aeronautics in this state.
(b) The department may use funds in the account for the support of aerial search and rescue operations, provided that no money deposited into the account under Subsection (2)(a) is used for that purpose.
(5)
(a) Money in the account may not be used by the department for the purchase of aircraft for purposes other than those described in Subsection (4).
(b) Money in the account may not be used to provide or subsidize direct operating costs of travel for purposes other than those described in Subsection (4).
(6) The Department may not use money in the account to fund:
(a) more than 77% of the operations costs related to state owned aircraft in fiscal year 2023-24;
(b) more than 52% of the operations costs related to state owned aircraft in fiscal year 2024-25;
(c) more than 26% of the operations costs related to state owned aircraft in fiscal year 2025-26;
(d) more than 10% of the operations costs related to state owned aircraft in fiscal year 2026-27; or
(e) any operations costs related to state owned aircraft in a fiscal year beginning on or after July 1, 2027.
Amended by Chapter 99, 2022 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 127 - Share the Road Bicycle Support Restricted Account.

Affected by 63I-2-272 on 7/1/2024
72-2-127.
Share the Road Bicycle Support Restricted Account.
(1) There is created in the General Fund the Share the Road Bicycle Support Restricted Account.
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section 41-1a-422;
(b) appropriations to the account by the Legislature;
(c) private contributions; and
(d) donations or grants from public or private entities.
(3) The Legislature shall appropriate funds in the account to the department.
(4) The department may expend up to 5% of the money appropriated under Subsection (3) to administer account distributions in accordance with Subsections (5) and (6).
(5) The department shall distribute contributions in the account to one or more charitable organizations that:
(a) are exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;
(b) have as part of their primary mission the promotion and education of:
(i) safe bicycle operation;
(ii) safe motor vehicle operation around bicycles; and
(iii) healthy lifestyles; and
(c) contribute to the start-up fee for the production and administrative costs for providing a Share the Road Bicycle Support special group license plate in accordance with Subsection 41-1a-418(2)(a).
(6)
(a) An organization described in Subsection (5) may apply to the department to receive a distribution in accordance with Subsection (5).
(b) An organization that receives a distribution from the department in accordance with Subsection (5) shall expend the distribution only to:
(i) pay the costs of reordering Share the Road Bicycle Support special group license plate decals;
(ii) produce and distribute materials to educate:
(A) bicyclists and motorists about safe bicycling, sharing the road, and obeying the law in Utah; and
(B) the public on healthy lifestyles;
(iii) participate in transportation planning that provides accommodations for safe bicycling;
(iv) promote a network of safe bicycling routes throughout the state; and
(v) provide other programs that promote bicycle safety.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules providing procedures and requirements for an organization to apply to the department to receive a distribution under Subsection (5).
Enacted by Chapter 380, 2009 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 129 - Transportation Safety Program Restricted Account.

Effective 5/8/2018
72-2-129.
Transportation Safety Program Restricted Account.
(1) There is created in the Transportation Fund the Transportation Safety Program Restricted Account.
(2) The account shall be funded by:
(a) appropriations to the account by the Legislature;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) The Legislature shall appropriate funds in the account to the department.
(4) Upon appropriation the department may expend up to 5% of the money appropriated under Subsection (3) to administer account distributions in accordance with Subsection (5).
(5)
(a) Upon appropriation the department shall expend the contributions to fund programs focused on transportation safety including community education and outreach efforts.
(b) The department shall consult with the Department of Public Safety to establish an interagency policy to prioritize programs and efforts for which the department may expend account funds.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules providing procedures and requirements for programs for which the department may expend the funds in the account.
Enacted by Chapter 184, 2018 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 131 - Rail Transportation Restricted Account -- Grants for railroad crossing safety.

Effective 5/5/2021
72-2-131.
Rail Transportation Restricted Account -- Grants for railroad crossing safety.
(1) As used in this section, "eligible entity" means:
(a) a public entity; or
(b) a private entity that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code.
(2) There is created in the Transit Transportation Investment Fund, created in Section 72-2-124, the Rail Transportation Restricted Account.
(3) The account shall be funded by:
(a) appropriations to the account by the Legislature;
(b) private contributions;
(c) donations or grants from public or private entities; and
(d) interest earned on money in the account.
(4) Upon appropriation, the department shall:
(a) use an amount equal to 10% of the money deposited into the account to provide grants in accordance with Subsection (5);
(b) use an amount equal to 10% of the money deposited into the account to pay:
(i) the costs of performing environmental impact studies in connection with construction, reconstruction, or renovation projects related to railroad crossings on class A, class B, or class C roads; or
(ii) the appropriate debt service or sinking fund for the repayment of bonds issued under Subsection 63B-31-101(6); and
(c) use the remaining money deposited into the account to pay:
(i) the costs of construction, reconstruction, or renovation projects related to railroad crossings on class A, class B, or class C roads;
(ii) debt service related to a project described in Subsection (4)(b); or
(iii) the appropriate debt service or sinking fund for the repayment of bonds issued under Subsection 63B-31-101(5).
(5)
(a) The department may award grants to one or more eligible entities to be used for the purpose of improving safety at railroad crossings on class A, class B, or class C roads.
(b) An eligible entity may use grant money for any expense related to improving safety at railroad crossings on class A, class B, or class C roads, including:
(i) signage; and
(ii) safety enhancements to a railroad crossing.
(c) The department shall prioritize, in the following order, grants to applicants that propose projects impacting railroad crossings that:
(i) have demonstrated safety concerns, including emergency services access; and
(ii) have high levels of vehicular and pedestrian traffic.
Amended by Chapter 387, 2021 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 132 - State Aircraft Restricted Account.

Effective 5/4/2022
72-2-132.
State Aircraft Restricted Account.
(1) There is created a restricted account known as the State Aircraft Restricted Account.
(2) The account consists of money generated from the following revenue sources:
(a) fees the department receives for use of state owned aircraft;
(b) appropriations to the account by the Legislature;
(c) contributions from other public or private sources for deposit into the account; and
(d) interest earned on money in the account.
(3) Upon appropriation by the Legislature, the department may use money in the account for the operation and maintenance of state owned aircraft.
Enacted by Chapter 99, 2022 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 1 - Transportation Fund and Highway Finances › Section 133 - Rural Transportation Infrastructure Fund -- Creation -- Uses.

Effective 7/1/2023
72-2-133.
Rural Transportation Infrastructure Fund -- Creation -- Uses.
(1) As used in this section:
(a) "Graveled road" means the same as that term is defined in Section 72-2-108.
(b) "Paved road" means the same as that term is defined in Section 72-2-108.
(c) "Qualifying county" means a county that:
(i) is a county of the third through sixth class;
(ii) has imposed a local option sales and use tax pursuant to:
(A) Section 59-12-2217;
(B) Section 59-12-2218; or
(C) Section 59-12-2219; and
(iii) has not imposed a local option sales and use tax pursuant to Section 59-12-2220 on or before January 1, 2023.
(d) "Qualifying municipality" means a municipality located within a qualifying county.
(e) "Qualifying recipient" means qualifying county or a qualifying municipality.
(f) "Road mile" means the same as that term is defined in Section 72-2-108.
(g) "Weighted mileage" means the same as that term is defined in Section 72-2-108.
(2) There is created in the Transportation Fund an expendable special revenue fund called the Rural Transportation Infrastructure Fund.
(3) The Rural Transportation Infrastructure Fund shall be funded by:
(a) deposits into the fund as described in Subsection 41-1a-1201(10);
(b) appropriations by the Legislature; and
(c) other deposits into the fund.
(4) The department shall administer the fund.
(5) Beginning on January 1, 2024, the department shall annually distribute revenue in the fund among qualifying recipients in the following manner:
(a) 50% in the ratio that the class B roads weighted mileage within each county and class C roads weighted mileage within each municipality bear to the total class B and class C roads weighted mileage within the state; and
(b) 50% in the ratio that the population of a county or municipality bears to the total population of the state as of the last official federal census or the United States Census Bureau estimate, whichever is most recent, except that if population estimates are not available from the United States Census Bureau, population figures shall be derived from the estimate from the Utah Population Committee.
(6) A qualifying recipient may only use funds distributed as described in this section in the same manner as class B and class C road funds distributed in accordance with Section 72-2-108.
(7)
(a) Before November 1 of each year, the State Tax Commission shall notify the department and indicate which counties are qualifying counties.
(b) After receiving the notification described in Subsection (7)(a), the department shall distribute funds for the following year to the municipalities and counties that were identified as qualifying recipients in the notification described in Subsection (7)(a).
Enacted by Chapter 372, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 2 - State Infrastructure Bank Fund › Section 201 - Definitions.

Effective 2/27/2023
72-2-201.
Definitions.
As used in this part:
(1) "Fund" means the State Infrastructure Bank Fund created under Section 72-2-202.
(2) "Infrastructure assistance" means any use of fund money, except an infrastructure loan, to provide financial assistance for transportation projects or publicly owned infrastructure projects, including:
(a) capital reserves and other security for bond or debt instrument financing; or
(b) any letters of credit, lines of credit, bond insurance, or loan guarantees obtained by a public entity to finance transportation projects.
(3) "Infrastructure loan" means a loan of fund money to finance a transportation project or publicly owned infrastructure project.
(4) "Public entity" means a state agency, county, municipality, special district, special service district, an intergovernmental entity organized under state law, or the military installation development authority created in Section 63H-1-201.
(5) "Publicly owned infrastructure project" means a project to improve sewer or water infrastructure that is owned by a public entity.
(6) "Transportation project":
(a) means a project:
(i) to improve a state or local highway;
(ii) to improve a public transportation facility or nonmotorized transportation facility;
(iii) to construct or improve parking facilities;
(iv) that is subject to a transportation reinvestment zone agreement pursuant to Section 11-13-227 if the state is party to the agreement; or
(v) that is part of a housing and transit reinvestment zone created pursuant to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act;
(b) includes the costs of acquisition, construction, reconstruction, rehabilitation, equipping, and fixturing; and
(c) may only include a project if the project is part of:
(i) the statewide long range plan;
(ii) a regional transportation plan of the area metropolitan planning organization if a metropolitan planning organization exists for the area; or
(iii) a local government general plan or economic development initiative.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 2 - State Infrastructure Bank Fund › Section 203 - Loans and assistance -- Authority -- Rulemaking.

Effective 5/12/2020
72-2-203.
Loans and assistance -- Authority -- Rulemaking.
(1) Money in the fund may be used by the department, as prioritized by the commission or as directed by the Legislature, to make infrastructure loans or to provide infrastructure assistance to any public entity for any purpose consistent with any applicable constitutional limitation.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules providing procedures and standards for making infrastructure loans and providing infrastructure assistance and a process for prioritization of requests for loans and assistance.
(3) The prioritization process, procedures, and standards for making an infrastructure loan or providing infrastructure assistance may include consideration of the following:
(a) availability of money in the fund;
(b) credit worthiness of the project;
(c) demonstration that the project will encourage, enhance, or create economic benefits to the state or political subdivision;
(d) likelihood that assistance would enable the project to proceed at an earlier date than would otherwise be possible;
(e) the extent to which assistance would foster innovative public-private partnerships and attract private debt or equity investment;
(f) demonstration that the project provides a benefit to the state highway system, including safety or mobility improvements;
(g) the amount of proposed assistance as a percentage of the overall project costs with emphasis on local and private participation;
(h) demonstration that the project provides intermodal connectivity with public transportation, pedestrian, or nonmotorized transportation facilities; and
(i) other provisions the commission considers appropriate.
Amended by Chapter 366, 2020 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 2 - State Infrastructure Bank Fund › Section 204 - Loan program procedures -- Repayment.

Effective 5/5/2021
72-2-204.
Loan program procedures -- Repayment.
(1) A public entity may obtain an infrastructure loan from the department, upon approval by the commission, by entering into a loan contract with the department secured by legally issued bonds, notes, or other evidence of indebtedness validly issued under state law, including pledging all or any portion of a revenue source controlled by the public entity to the repayment of the loan.
(2) A loan or assistance from the fund shall bear interest at a rate not to exceed .5% above bond market interest rates available to the state.
(3) A loan shall be repaid no later than 15 years from the date the department issues the loan to the borrower, with repayment commencing no later than:
(a) when the project is completed; or
(b) in the case of a highway project, when the facility has opened to traffic.
(4) The public entity shall repay the infrastructure loan in accordance with the loan contract from any of the following sources:
(a) transportation project or publicly owned infrastructure project revenues, including special assessment revenues;
(b) general funds of the public entity;
(c) money withheld under Subsection (7); or
(d) any other legally available revenues.
(5) An infrastructure loan contract with a public entity may provide that a portion of the proceeds of the loan may be applied to fund a reserve fund to secure the repayment of the loan.
(6) Before obtaining an infrastructure loan, a county or municipality shall:
(a) publish its intention to obtain an infrastructure loan at least once in accordance with the publication of notice requirements under Section 11-14-316; and
(b) adopt an ordinance or resolution authorizing the infrastructure loan.
(7)
(a) If a public entity fails to comply with the terms of its infrastructure loan contract, the department may seek any legal or equitable remedy to obtain compliance or payment of damages.
(b) If a public entity fails to make infrastructure loan payments when due, the state shall, at the request of the department, withhold an amount of money due to the public entity and deposit the withheld money in the fund to pay the amounts due under the contract.
(c) The department may elect when to request the withholding of money under this Subsection (7).
(8) All loan contracts, bonds, notes, or other evidence of indebtedness securing the loan contracts shall be held, collected, and accounted for in accordance with Section 63B-1b-202.
Amended by Chapter 121, 2021 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 2 - State Infrastructure Bank Fund › Section 205 - Loan contracts of state agencies.

72-2-205.
Loan contracts of state agencies.
(1)
(a) Notwithstanding Sections 53B-21-113 and 63A-1-112, a state agency may obtain an infrastructure loan.
(b) A state agency may contract to repay an infrastructure loan from the money which is appropriated to the agency and may pledge all or any portion of the money to repay the loan.
(c) A state agency's infrastructure loan may not constitute a debt of the state or lending the credit of the state within the meaning of any constitutional or statutory limitation.
(2) The terms of an infrastructure loan contract shall bind the state and a state agency, and the state agency shall unconditionally repay the loan from the money the agency has pledged under the terms of the loan contract.
Amended by Chapter 342, 2011 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 2 - Transportation Finances Act › Part 2 - State Infrastructure Bank Fund › Section 206 - Department authority to contract.

Effective 5/5/2021
72-2-206.
Department authority to contract.
The department may, upon approval of the commission:
(1) make all contracts, execute all instruments, and do all things necessary or convenient to provide financial assistance for transportation projects or publicly owned infrastructure projects in accordance with this chapter; and
(2) enter into and perform the contracts and agreements with entities concerning the planning, construction, lease, or other acquisition, installation, or financing of transportation projects or publicly owned infrastructure projects.
Amended by Chapter 121, 2021 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 3 - Highway Jurisdiction and Classification Act › Part 1 - Highways in General › Section 102 - State highways -- Class A state roads.

72-3-102.
State highways -- Class A state roads.
(1) State highways comprise highways, roads, and streets designated under Chapter 4, Designation of State Highways Act.
(2) State highways are class A state roads.
(3) The state has title to all rights-of-way for all state highways.
(4) The department has jurisdiction and control over all state highways.
(5) The department shall construct and maintain each state highway using funds made available for that purpose.
Amended by Chapter 324, 2000 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 3 - Highway Jurisdiction and Classification Act › Part 1 - Highways in General › Section 103 - County roads -- Class B roads -- Construction and maintenance by counties.

72-3-103.
County roads -- Class B roads -- Construction and maintenance by counties.
(1) County roads comprise all public highways, roads, and streets within the state that:
(a) are situated outside of incorporated municipalities and not designated as state highways;
(b) have been designated as county roads; or
(c) are located on property under the control of a federal agency and constructed or maintained by the county under agreement with the appropriate federal agency.
(2) County roads are class B roads.
(3) The state and county have joint undivided interest in the title to all rights-of-way for all county roads.
(4) The county governing body exercises sole jurisdiction and control of county roads within the county.
(5) The county shall construct and maintain each county road using funds made available for that purpose.
(6) The county legislative body may expend funds allocated to each county from the Transportation Fund under rules made by the department.
(7) A county legislative body may use any portion of the class B road funds provided by this chapter for the construction and maintenance of class A state roads by cooperative agreement with the department.
(8) A county may enter into agreements with the appropriate federal agency for the use of federal funds, county road funds, and donations to county road funds to construct, improve, or maintain county roads within or partly within national forests.
Amended by Chapter 324, 2000 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 3 - Highway Jurisdiction and Classification Act › Part 1 - Highways in General › Section 104 - City streets -- Class C roads -- Construction and maintenance.

Effective 5/12/2020
72-3-104.
City streets -- Class C roads -- Construction and maintenance.
(1) City streets comprise:
(a) highways, roads, circulator alleys, and streets within the corporate limits of the municipalities that are not designated as class A state roads or as class B roads; and
(b) those highways, roads, and streets located within a national forest and constructed or maintained by the municipality under agreement with the appropriate federal agency.
(2) City streets are class C roads.
(3) Except for city streets within counties of the first and second class as defined in Section 17-50-501, the state and city have joint undivided interest in the title to all rights-of-way for all city streets.
(4) The municipal governing body exercises sole jurisdiction and control of the city streets within the municipality.
(5) The department shall cooperate with the municipal legislative body in the construction and maintenance of the class C roads within each municipality.
(6) The municipal legislative body shall expend or cause to be expended upon the class C roads the funds allocated to each municipality from the Transportation Fund under rules made by the department.
(7) Any town or city in the third, fourth, or fifth class may:
(a) contract with the county or the department for the construction and maintenance of class C roads within its corporate limits; or
(b) transfer, with the consent of the county, its:
(i) class C roads to the class B road system; and
(ii) funds allocated from the Transportation Fund to the municipality to the county legislative body for use upon the transferred class C roads.
(8) A municipal legislative body of any city of the third, fourth, or fifth class may use any portion of the class C road funds allocated to the municipality for the construction of sidewalks, curbs, and gutters on class A state roads within the municipal limits by cooperative agreement with the department.
Amended by Chapter 377, 2020 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 3 - Highway Jurisdiction and Classification Act › Part 1 - Highways in General › Section 105 - Class D roads -- Maps to be prepared by county -- Indication of roads.

72-3-105.
Class D roads -- Maps to be prepared by county -- Indication of roads.
(1) As used in this section, "class D road" means any road, way, or other land surface route that has been or is established by use or constructed and has been maintained to provide for usage by the public for vehicles with four or more wheels that is not a class A, class B, or class C road under this title.
(2) Each class D road is part of the highway and road system within the state with the same force and effect as if the class D road had been included within this system upon its being first established or constructed.
(3) The state and county have joint undivided interest in the title to all rights-of-way for class D roads.
(4) The county governing body exercises sole jurisdiction and control of class D roads within the county.
(5) Each county shall prepare maps showing to the best of its ability the class D roads within its boundaries which were in existence as of October 21, 1976. Preparation of these maps may be done by the county itself or through any multi-county planning district in which the county participates.
(6) Any class D road which is established or constructed after October 21, 1976, shall be reflected on maps prepared as provided in Subsection (5).
(7) The county shall provide a copy of any map under Subsection (5) or (6) upon completion to the department.
(8) The department shall scribe each road shown on its own county map series. The department is not responsible for the validity of any class D road and is not responsible for its being inventoried. The department shall also keep on file an historical map record of the roads as provided by the counties.
Amended by Chapter 324, 2000 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 3 - Highway Jurisdiction and Classification Act › Part 1 - Highways in General › Section 106 - Actions to determine priority of use of public roads.

72-3-106.
Actions to determine priority of use of public roads.
(1) The county attorney under the direction of the county legislative body shall determine a priority of public use of all county roads.
(2) This action may be instigated by the written request of 10 taxpayers of the county to the county legislative body.
(3) The county legislative body shall request the county attorney to instigate action within a reasonable length of time.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 3 - Highway Jurisdiction and Classification Act › Part 1 - Highways in General › Section 107 - County executive to keep plats of roads and highways.

72-3-107.
County executive to keep plats of roads and highways.
(1) The county executive of each county shall determine all county roads existing in the county and prepare and keep current plats and specific descriptions of the county roads.
(2)
(a) The plats and specific descriptions shall be kept on file in the office of the county clerk or recorder.
(b) A county clerk or recorder may not remove a platted road from the records unless the legislative body has vacated the road after a public hearing in accordance with Section 72-3-108.
Amended by Chapter 381, 2010 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 3 - Highway Jurisdiction and Classification Act › Part 1 - Highways in General › Section 108 - County roads -- Vacation and narrowing -- Notice requirements.

Effective 5/3/2023
72-3-108.
County roads -- Vacation and narrowing -- Notice requirements.
(1) A county may, by ordinance, vacate, narrow, or change the name of a county road without petition or after petition by a property owner.
(2) A county may not vacate a county road unless notice of the hearing is:
(a) published for the county, as a class A notice under Section 63G-30-102, for at least four weeks before the day of the hearing; and
(b) mailed to the department and all owners of property abutting the county road.
(3) The right-of-way and easements, if any, of a property owner and the franchise rights of any public utility may not be impaired by vacating or narrowing a county road.
(4) Except as provided in Section 72-5-305, if a county vacates a county road, the state's right-of-way interest in the county road is also vacated.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 3 - Highway Jurisdiction and Classification Act › Part 1 - Highways in General › Section 110 - Proposal to bypass or provide alternate route through city or town -- Notice and hearing required.

72-3-110.
Proposal to bypass or provide alternate route through city or town -- Notice and hearing required.
(1) Whenever the department proposes to construct a highway bypassing any city or town, or to provide an alternate route through or outside any city or town, the commission shall notify the governing officials of the city or town and hold a public hearing, on a date set, for the purpose of advising the citizens of the city or town of the reason or reasons for the highway proposed to be constructed.
(2) The hearing shall be held within the city or town to be bypassed, except that if the highway proposed will bypass or provide an alternate route through or outside of several cities or towns located within close proximity to each other, the commission may combine the hearings and hold them in one city or town centrally and conveniently located to the others at which time each city and town shall be given ample opportunity to be heard.
(3) Subsequent to the hearing, the commission shall notify in writing the officials of the city or town, or of each of the cities or towns if the hearings are combined, of the decision reached as a result of the hearing within 10 days from the time the decision is reached.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 3 - Highway Jurisdiction and Classification Act › Part 1 - Highways in General › Section 111 - Roads and parking spaces in connection with state institutions and areas for recreational activities.

72-3-111.
Roads and parking spaces in connection with state institutions and areas for recreational activities.
Subject to Section 72-1-303, the department is authorized to build and maintain roads:
(1) leading to roads and parking spaces on the grounds of state institutions to which roads have not been designated by the Legislature; and
(2) roads and parking spaces to serve areas in immediate proximity to a designated highway used for:
(a) salt flat races;
(b) ski meets; and
(c) activities which are promoted for the general welfare.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 3 - Highway Jurisdiction and Classification Act › Part 1 - Highways in General › Section 112 - Authority to designate, maintain, and build livestock highways.

72-3-112.
Authority to designate, maintain, and build livestock highways.
(1) A highway authority may designate, survey, construct, protect, enter into agreements for, purchase rights-of-way for, and maintain livestock highways.
(2) If state highways with heavy traffic are regularly used for the movement of livestock, the department, county legislative bodies, and municipal legislative bodies shall construct and maintain livestock roads or trails for livestock travel.
(3) A livestock highway or trail is for the purpose of transferring livestock and may not be used for pasturing purposes, except during regular transfer operations. The public may use livestock highways or trails but shall give preference to livestock when livestock is present.
(4) A person may not drive livestock upon the public highways when a livestock highway is available and can be used without undue inconvenience.
(5) A person who violates the provisions of Subsection (4) is guilty of a class B misdemeanor. The court shall impose a:
(a) fine of not more than $100;
(b) jail sentence of not more than 30 days; or
(c) fine and imprisonment.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 3 - Highway Jurisdiction and Classification Act › Part 2 - State Park Access Highways › Section 201 - Jurisdiction over highways leading to and within state parks.

72-3-201.
Jurisdiction over highways leading to and within state parks.
(1) As used in this part, "state park access highways" means the highways specified under this part.
(2) The department, a county, or a municipality has jurisdiction over and responsibility for:
(a) primary access highways to state parks;
(b) highways to the main attraction within each state park; and
(c) highways through state parks providing access to land uses beyond state park boundaries.
(3)
(a) The appropriate entities with jurisdiction over and responsibility for the highways referred to in Subsections (2)(a) and (b) are specified in Sections 72-3-202 through 72-3-206.
(b) Jurisdiction over and responsibility for highways under Subsection (2)(c) shall be determined by the commission as described in Sections 72-3-102, 72-3-103, and 72-3-104.
Renumbered and Amended by Chapter 270, 1998 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 3 - Highway Jurisdiction and Classification Act › Part 2 - State Park Access Highways › Section 202 - State park access highways -- Anasazi State Park Museum to Edge of the Cedars State Park Museum.

72-3-202.
State park access highways -- Anasazi State Park Museum to Edge of the Cedars State Park Museum.
State park access highways include:
(1) ANASAZI STATE PARK MUSEUM. Access to the Anasazi State Park Museum is at the park entrance located in Garfield County at milepoint 87.8 on State Highway 12. No access road is defined.
(2) BEAR LAKE STATE PARK (Marina). Access to the Bear Lake Marina is at the pay gate located in Rich County at milepoint 413.2 on State Highway 89. No access road is defined.
(3) BEAR LAKE STATE PARK (East Shore). Access to the Bear Lake East Shore begins in Rich County at State Highway 30 and proceeds northerly on a county road (L326) a distance of 9.2 miles, to the camping area of the park and is under the jurisdiction of Rich County.
(4) BEAR LAKE STATE PARK (Rendezvous Beach). Access to the Bear Lake Rendezvous Beach is at the park entrance in Rich County at milepoint 124.5 on State Highway 30. No access road is defined.
(5) CAMP FLOYD/STAGECOACH INN STATE PARK MUSEUM. Access to the Camp Floyd/Stagecoach Inn State Park Museum is at the parking area in Utah County at milepoint 20.6 on State Highway 73. No access road is defined.
(6) CORAL PINK SAND DUNES STATE PARK. Access to the Coral Pink Sand Dunes State Park begins in Kane County at State Highway 89 and proceeds southwesterly on a county road a distance of 12.0 miles to the visitor center of the park and is under the jurisdiction of Kane County.
(7) DANGER CAVE. Access to Danger cave is in Tooele County. No access road is defined.
(8) DEAD HORSE POINT STATE PARK. Access to Dead Horse Point State Park begins in Grand County at State Highway 191 and proceeds southwesterly on State Highway 313 a distance of 20.8 miles to the camping area at the park and is under the jurisdiction of UDOT.
(9) DEER CREEK STATE PARK. Access to Deer Creek State Park begins in Wasatch County at State Highway 189 and proceeds southwesterly on State Highway 314 a distance of 0.2 miles to the boat ramp at the park and is under the jurisdiction of UDOT.
(10) EAST CANYON STATE PARK. Access to East Canyon State Park begins in Morgan County at State Highway 66 and proceeds southeasterly on State Highway 306 a distance of 0.1 miles to the parking area at the park and is under the jurisdiction of UDOT.
(11) EDGE OF THE CEDARS STATE PARK MUSEUM. Access to Edge of the Cedars State Park Museum begins in Blanding at U.S. Highway 191 and proceeds west on Center Street to 600 West then north on 600 West to the parking area and museum at 660 West 400 North. The access road is under jurisdiction of Blanding.
Amended by Chapter 14, 2013 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 3 - Highway Jurisdiction and Classification Act › Part 2 - State Park Access Highways › Section 207 - State Park Access Highways Improvement Program -- Distribution -- Rulemaking.

72-3-207.
State Park Access Highways Improvement Program -- Distribution -- Rulemaking.
(1) There is created the State Park Access Highways Improvement Program within the department.
(2) The program shall be funded from the following revenue sources:
(a) any voluntary contributions received for improvements to state park access highways; and
(b) appropriations made to the program by the Legislature.
(3) The department may use the program money as matching grants to a county or municipality for the improvement of class B or class C roads specified as state park access highways under this part subject to:
(a) money available in the program;
(b) prioritization of the program money by the commission;
(c) a county or municipality providing at least 50% of the cost of each improvement project in matching funds; and
(d) rules made under Subsection (4).
(4) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to administer the program and to establish the procedures for a county or municipality to apply for a grant of program money.
(5) The department shall commit funds for state park access highway projects for the amount of funding currently programmed in a funded year in the 2007 Statewide Transportation Improvement Program.
Amended by Chapter 391, 2010 General Session