Utah Administrative Code
Topic - Transportation
Title R926 - Program Development
Rule R926-3 - Class B and Class C Road Funds
Section R926-3-4 - Uses for Funding

Universal Citation: UT Admin Code R 926-3-4

Current through Bulletin 2024-06, March 15, 2024

(1) Determination of Authorized Uses. The Department shall determine how local highway authorities may spend class B or class C road funds as the Legislature directs and consistent with applicable law. A local highway authority may not violate applicable state or federal law when expending class B or class C road funds.

(2) Local highway authorities may only spend class B or class C road funds for the following purposes:

(a) to construct and maintain eligible class B or class C roads and to maintain class D roads;

(b) to install and maintain traffic and pedestrian safety devices, including:
(i) sidewalks;

(ii) curb and gutter on eligible class B or class C roads and state highways;

(iii) traffic signals, including necessary control devices, enclosures, electrical service equipment, and support structures;

(iv) traffic signs, including associated lighting, electrical service, and mounting equipment;

(v) street lighting, including necessary electrical service equipment and support structures;

(vi) bicycle facilities in the highway right-of-way;

(c) to procure, lease, or rent equipment used to construct and maintain class B or class C roads or to maintain class D roads;

(d) for design, engineering, or administration work directly related to road maintenance and construction of class B or C roads or to maintain class D roads;

(e) for future reimbursement of other funds for class B or class C road construction projects;

(f) to acquire highway rights of way;

(g) to build fencing and cattle guards associated with class B or class C roads;

(h) to meet match requirements for federal match funding; or

(i) to appropriate investment to gain value, provided net gains remain in the fund and are spent for authorized use.

(3) Leasing Equipment. Equipment purchased with class B or class C road funds may be leased from a local highway authority to another public entity using the schedule of equipment rates posted on the Federal Emergency Management Agency, or FEMA website at, https://www.fema.gov/schedule-equipment-rates.

(4) Emergency Use. A local highway authority may use equipment purchased with class B or class C road funds for purposes not otherwise authorized by Rule R926-3 in an emergency to make repairs and prevent further damage.

(5) Multiple-Use Facilities. Local highway authorities may construct multiple-use facilities by mixing funds on a proportional basis, including constructing road maintenance buildings, storage sheds, and yards.

(6) R.S. 2477 Issues. Class B or class C road funds may be used to pay the costs of asserting, defending, or litigating R.S. 2477 issues as authorized by Section 72-2-110.

(7) Non-Permissible Uses. Non-Permissible uses of class B and class C road funds include the following:

(a) non-road uses;

(b) police costs;

(c) to pay for the rental of equipment of a type that the local highway authority previously purchased with class B and class C road funds; or

(d) except for circulator alleys in municipalities as authorized by Section 72-3-104, to build or maintain alleys.

Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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