Utah Administrative Code
Topic - Transportation
Title R930 - Preconstruction
Rule R930-6 - Access Management
Section R930-6-10 - Conditions of Right-of-Way Use
Universal Citation: UT Admin Code R 930-6-10
Current through Bulletin 2024-06, March 15, 2024
(1) General.
(a) This section describes
conditions that apply to all connections, encroachments, and uses of the state
highway right-of-way. The conditions and requirements of this section are in
addition to other conditions, limitations, and requirements of this rule and
the conditional access permit and encroachment permit.
(2) Right-of-way encroachment requirements.
(a) Prohibited right-of-way uses. The state
highway right-of-way shall not to be used by anyone other than the Department
for servicing vehicles or equipment, displays, sales, exhibits, business
overhang signs, parking areas, banners, or any other form of advertising, or
conducting of private business.
(i) The
Department at its sole discretion may waive the provision of (2)(a) for
electric vehicle charging stations, approved park and ride lots, and dedicated
meter parking stalls only in instances where a formal written agreement has
been agreed upon and executed between the Department and the local government
within which the waiver is requested.
(b) Buildings and structures. The placement
of buildings or structures of any type within state highway rights-of-way is
not allowed unless authorized by a permit obtained from the
Department.
(c) Special
advertisement may be allowed within the state highway right-of-way if it will
not compromise traffic flow or safety and will be in the public interest. An
approved encroachment to occupy the right-of-way for such advertising may be
issued, for a time not to exceed one week. All such special advertisement shall
not conflict with any provisions of Utah's Outdoor Advertising Act.
(d) Mailboxes. Installation of new mailboxes
must be approved by the appropriate Department Region Director or an authorized
representative. All new mailboxes placed within a state highway right-of-way
must be constructed in conformance with UDOT standard drawings. Existing
mailboxes located within the state highway right-of-way must be maintained or
corrected to conform to the Department standards. Owners of mailboxes deemed
nonconforming shall be notified in writing by the Department Region Director or
an authorized representative. Within thirty days of receipt of notice, the
owner must, at its own expense, reconstruct the mailbox or otherwise correct
any deficiencies to conform to current safety standards and regulations of the
Department. The Department may contact the postmaster and stop delivery of mail
until compliance is achieved. Mailboxes may be deemed nonconforming for the
following:
(i) Mailboxes that constitute a
traffic hazard are considered nonconforming.
(ii) Mailboxes and supports that are in poor
repair and detract from the appearance of the highway may be considered
nonconforming.
(iii) Any part of a
mailbox that is over 50 inches high is considered nonconforming
(iv) Any part of a mailbox that is located
within the shoulder is considered nonconforming.
(v) Mailbox supports that exceed any of the
following criteria are considered nonconforming:
(A) Wood support with over 16 square inches
cross-sectional area.
(B) Metal
support with greatest dimension over 3.5 inches.
(C) Metal pipe support of over 2 inches in
diameter.
(D) Other metal supports
deemed to be a hazard by the appropriate Department Region Director or an
authorized representative.
(e) Special limitations. All encroachments on
state highway, including permits issued for special encroachment, are subject
to the following conditions and limitations:
(i) Red or reddish colored lights. Red or
reddish colored decorations or advertising lights are prohibited within the
right-of-way.
(ii) Clearance over
highway surface. Any decoration, display, flag, banner, colored light,
handbill, structure or other advertising or decoration item placed within the
right-of-way must have a minimum vertical clearance of 20 feet.
(iii) Utility poles. No decorations,
displays, flags, banners, colored lights, handbills, structures or other
advertising or decoration items may be attached to a utility facility without
written permission of the appropriate entity or owner.
(iv) Highway control obstructions. No
decoration, display, flag, banner, colored light, handbill, structure or other
advertising or decoration item may block the normal view of any official
highway sign or other traffic control device and signals.
(v) Shapes similar to highway control
devices. No decoration, display, flag, banner, colored light, handbill,
structure or other advertising or decoration item may be of such shape, size,
color or design similar to any Department traffic control sign, signal, marking
or device.
(vi) Attachments to
traffic signals. No attachments of any type may be allowed on traffic
signals.
(vii) Sight obstructions.
No decoration, display, flag, banner, colored light, handbill, structure or
other advertising or decoration item may obstruct the normal view of traffic
nor may obstruct, impede or endanger the normal flow of traffic. In accordance
with Utah Code Section
41-6a-216
"Removal of plants or other obstructions impairing view, Notice to owner -
Penalty," owners of real property next to state highway rights-of-way shall be
ordered to remove any trees, plants, shrubs, or any other obstructions that
obstruct the view of motorists and thereby constitute a hazard.
(3) Department changes to existing access.
(a) The Department may,
when necessary for the improved safety and operation of the roadway, rebuild,
modify, remove, or relocate any access or redesign the highway including any
auxiliary lane and allowable turning movement.
(i) The Department shall notify the permittee
or current property owner of the change.
(ii) Changes in roadway median design that
may affect turning movements normally does not require a hearing because a
conditional access permit approval confers no private rights to the permittee
regarding the control of highway design or traffic operation even when that
design affects access turning movements.
(iii) In order to eliminate public road
access, a study shall be made in conjunction with local authorities for a
feasibility of dead ending or rerouting of intersecting roads.
(4) Permittee requirements and limitations.
(a) Conditional
access permit limitations. An approved conditional access permit conveys no
rights, title, or interest in state highway rights-of-way to the permittee or
property served. A conditional access permit for direct access to a state
highway does not entitle the permittee to control or have any rights or
interests in any portion of the design, specifications or operation of the
highway or roadway, including those portions of the highway built pursuant to
the terms, conditions and limitations of the conditional access permit.
(b) Completion requirements. Prior
to using the access, the permittee is required to complete the construction
according to the terms, conditions and limitations of the conditional access
permit and required encroachment permit. Department approval is required if the
permittee wishes to use the access prior to completion.
(c) Access transferability and maintenance.
The permittee, his or her heirs, successors-in-interest, assigns, and occupants
of the property serviced by the access is responsible for meeting the terms,
conditions and limitations of the permit, including, but not limited to the
following maintenance requirements:
(i)
Ensuring that the use of the access to the property is not in violation of this
rule and terms, conditions and limitations of the permit.
(ii) Repairing and maintaining the access
beyond the edge of the roadway, including any cattle guard and gate.
(iii) Removing or clearing snow or ice upon
the access, including snow or ice deposited on the access in the course of
Department snow removal operations.
(iv) Repairing and replacing any
access-related features within the right-of-way, including culverts. Any
significant repairs, such as culvert replacement, resurfacing, or changes in
design or specifications requires authorization from the Department.
(d) Notification of changes. The
permittee shall contact the Department if changes are made or will be made in
the use of the property which would affect access operation, traffic volume, or
vehicle type to determine if a new conditional access permit is
required.
(e) Indemnification
requirements. Permittees must, at all times, indemnify and hold harmless the
Department, its employees and the State of Utah from responsibility for any
damage or liability arising from their construction, maintenance, repair,
operation, or use of an access or other facility.
(f) Insurance, bonding and letter of credit
requirements. The permittee is responsible for the maintenance of the
construction performed within the state highway right-of-way for a period of
three years from the date of beginning work or two years from the end of work,
whichever provides the longer period of coverage.
(i) Insurance. Permittee is required to
maintain minimum liability insurance as specified in Utah Administrative Code
R930-7-6.
(ii) Bonding. As authorized by Utah Code
Subsection
72-7-102(3)(b)(i)
this rule requires encroachment permit applicants to post a performance and
warranty or maintenance bond, using the Department's approved bond form as
specified in Utah Administrative Code
R930-7-6.
(iii) Proceeds Against Bond. The Department
may proceed against the bond to recover all expenses incurred if payment is not
received from the permittee within (45) forty-five calendar days of receiving
an invoice. Upon discovery of permittee caused damage to the highway or to the
right-of-way, the Department may opt to exercise its bonding rights in
recovering costs incurred to restore the highway or right-of-way due to
permittee caused damages. Failure by the permittee to maintain a valid bond in
the amounts required shall be cause for denying issuance of future permits and
for the closure of the access to from the state highway right-of-way.
(iv) Letter of credit. For small projects,
the Department may accept an irrevocable letter of credit as reasonable
security in lieu of bonding. A letter of credit shall be issued by a federally
insured bank authorized to do business in Utah and shall be placed in the
possession of and payable upon demand only to the Department. A letter of
credit shall be irrevocable during its terms and shall be automatically
renewable, or the applicant shall insure continuous coverage by replacing
letters of credit, if necessary, at least (30) thirty days before the
expiration date with other acceptable bond types or letters of
credit.
(5) Existing interests.
(a) Historical interest.
The Department recognizes that preexisting property interests within the state
highway rights-of-way may exist. Proof of a pre-existing property interest
within a public right-of-way must be provided to the Department in the form of
a duly executed deed, grant or other document establishing the same are
required to establish prior right or title of the entity or person. In the
absence of such proof, it shall be assumed that the entity or person occupies
the right-of-way under permit (i.e., by permission), and enjoys no vested
interest in the state highway right-of-way. In those instances when the
Department requires an entity or person with a preexisting property interest to
move completely or partially off the right-of-way, the Department shall make
appropriate remuneration for the relinquishment of that interest.
(i) The adoption of this rule by the
Department does not constitute an acceptance or recognition of pre-existing
property interests.
(ii) The
Department assumes no liability associated with these interests and uses;
either for the safety to users or the traveling public, damage to property, or
for the continued use thereof.
(b) Parcel division. No additional access
rights may accrue upon the splitting or dividing of existing parcels of land or
contiguous parcels under or previously under the same ownership or controlling
interest.
(c) Permittee improvement
of existing access. The property owner or authorized representative served by a
lawful access may make physical improvements to the access per the requirements
of this rule and only with the written permission of the Department. Denial of
the application for improvements does not constitute revocation of the existing
access authorization. Denial of an application to enlarge, relocate, or modify
an existing lawful access, in no way impairs the permit for or right to the
existing access for its legal historical use.
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