Utah Administrative Code
Topic - Transportation
Title R930 - Preconstruction
Rule R930-6 - Access Management
Section R930-6-8 - Conditional Access Permit Application Procedures and Requirements

(a) Current standards. Applicant must use the most recent editions of engineering and state standards and best practices, including but not limited to those cited in this rule.

(b) Compliance responsibility. It is the responsibility of the applicant to demonstrate the application meets the requirements of this rule. Requirements for a conditional access permit refer to the applicant's responsibility to obtain approval from the Department before being authorized to access to a state highway.

(c) Approvals and environmental compliance. Applicants must comply with all federal, state, and local authority approvals and laws, including environmental laws before the Department can issue a permit.

(d) Site plan. A site plan approval by a local authority does not entitle the applicant to access a state highway. A conditional access permit from the Department does not imply endorsement or approval of the submitted site plan.

(e) Multiple accesses. A conditional access permit application may cover multiple access connections serving a site.

(f) Review periods. Failure of the Department to comply with the review periods defined in this rule shall not preclude the Department from approving or denying any application.

(g) Encroachment permit. Conditional access permit approval does not allow the applicant to construct the access. An encroachment permit must also be obtained prior to any construction in the state highway right-of-way.

(h) Movement restrictions. A conditional access permit does not guarantee a right of full movement access. The Department may, at its own discretion, require access movements to be restricted.

(a) Access changes. A conditional access permit is required whenever a new driveway, other curb cut, or local street connection is sought on a state highway. This applies to proposals to construct a new vehicular access, modify or relocate an existing access, or to close an access on the state highway right-of-way.

(b) Change in land use type and intensity. A conditional access permit is required when there is a change in land use or a change in the land use intensity of an existing access.

(c) Modification or improvement by local authorities. A conditional access permit is required for new or modified public access to the state highway (such as county roads and municipal streets).

(d) Transfer of Additional Right-of-Way and Improvements. The increased intensity of traffic associated with a proposed access may require the transferring of new state highway real property and highway improvements to handle the traffic associated with the proposed development. The Department may require the applicant to transfer real property, improvements and highway appurtenances when an essential link exists between a legitimate governmental interest and the transfer of the mitigation requirements and the mitigation requirements are roughly proportionate to the impact of the proposed development. In some instances where the transfer of real property is not feasible, the Department may require the applicant to pay for the mitigation of the development impacts to the highway. Additional right-of-way necessary for the state highway improvements, including but not limited to, travel lanes, turn lanes, and auxiliary lanes, are to be conveyed without cost to the Department by dedication or by a warranty deed in a form acceptable to the Department. The Department may accept a perpetual easement for facilities or improvements located outside of the highway right-of-way. If the applicant transfers the property by warranty deed, all rights, title and interests are conveyed to the Department. The applicant shall provide a title policy for the real property to be transferred to the Department. The title policy shall only contain exceptions approved by the Department. If the property is being dedicated through a plat, the property shall not have any encumbrances that are not approved by the Department. The Department may refuse to accept the transfer of real property if the property has unacceptable encumbrances, contains hazardous substances or other conditions of the property. The real property must be in compliance with all applicable state and federal statutes, regulations and rules.

(e) Temporary conditional access permit. A temporary conditional access permit is required for any temporary driveway or connection to a state highway. A temporary driveway or connection may be approved to accommodate actions associated with site construction or development. The term of the temporary conditional access permit shall be noted on the permit but shall not exceed 12 months in duration.

(a) Department primary contact. The Region permits officer or other designated employee of the Department shall be the primary contact for the applicant. Direct inquiries regarding an application or review must be directed to this person.

(b) Local agency coordination. To apply for a conditional access permit, it is recommended that applicants work closely with the local authority's land use approval division and the appropriate Department Region permitting office.

(c) Pre-application meeting. Prior to submitting an application, the applicant must contact the appropriate Department Region permitting office to schedule a pre-application meeting. A pre-application meeting provides Department personnel and local authorities an early opportunity to examine the feasibility of the access proposal with the applicant and to consider whether it is permissible under the Department's standards, the requirements of this rule and requirements of locally adopted access plans. During the pre-application meeting, the Department will identify and determine the access category, access application level, and any traffic impact study requirements. The Department will also identify and determine whether or not a limited-access or no-access control line is affected, whether or not a land value appraisal is required, and other application requirements. The applicant shall clearly identify all neighboring and adjoining parcels where shared ownership interests exist. An application may be submitted any time after the pre-application meeting when all required application components are fully designed, complete, and available to electronically upload into the Department's online permit system. The Department shall review any documents that require recording prior to the document being submitted for recording.

(a) The applicant shall complete the conditional access permit application using the form provided by the Department.

(b) The applicant shall complete any other form, or produce any other document, deemed required by the Department, or this rule, to facilitate the timely review of the application.

(c) When all of the required documents are assembled and complete, but prior to being recorded or finalized, the applicant shall upload the documents into the Department's online permit system to initiate the formal completeness review and application review process.

(d) When the Department deems the application complete, and prior to starting the application review process, the applicant will receive an automated email from the online permit system with instructions on how to electronically pay the appropriate non-refundable permit review fee. Once this permit fee is paid the Department will initiate the application review process which will result in the permitting outcome (e.g., approval or denial).

(e) Access application level. The level of application required is based on the size and magnitude of the project being proposed by the applicant. The application levels define specific threshold elements related to required applicant site plan elements, permitting process, permitting schedule, application fees, traffic impact study requirements, and other permit related issues. The applicant must declare all property within the application area to which they hold interest, including, but not limited to, property to be developed. The application levels are based on anticipated changes to state highway facilities and site-generated traffic volumes for daily and/or peak hour time periods. Higher application levels are required when the construction of the proposed access would require significant modifications to elements of a state highway. The Department reserves the right to determine at its own discretion which modifications are considered minor or significant. Generally, the Department will consider modifications to traffic signals, pedestrian ramps, and sidewalks to be minor modifications. For convenience, application level thresholds are also presented in terms of standalone land use intensity. Land use intensities are based on published ITE Trip Generation rates. The Department may require the applicant to provide more precise trip generation estimates to determine the appropriate access application level for mixed land use or complex developments.

(f) Reasonable alternate access. The applicant shall identify any and all reasonable alternate access for the subject site.

(g) Traffic impact study (TIS) purpose. The purpose of the TIS is to identify system and immediate area impacts associated with the proposed access connection(s). A traffic study may be required to identify, review, and make recommendations for mitigation of the potential impacts a development may have on the roadway system.

(a) Application and attachments. Applicants must submit to the appropriate Department Region permitting office, the complete application including any required attachments reasonably necessary to review and assess the application and complete the application review process. Required attachments may include detailed site plans, maps, traffic studies, surveys, deeds, agreements, access value appraisals, documents, and other data to demonstrate compliance with this rule. Maps and site plans to be submitted may include, but are not limited to utilities in the vicinity of the access and utilities to be moved. The Department shall determine the scope of the attachments necessary for application submission based on the identified access application level.

(b) Site or development overview. Applications must provide a description of the site/development including site plan and overview materials such as preliminary maps, plans, and documents to illustrate the site, the size and type of proposed land use, estimated traffic volumes, vehicle types generated by the site, adjacent public roads and highways, adjacent properties, and any existing or available access points. The application must include all the information and materials requested at the pre-application meeting. Plans may be required to be stamped by a professional engineer licensed in the State of Utah.

(c) Document ownership. All submitted applications become records of the Department. The Department may not request items without relevance to the approval or denial of the application. If the applicant is other than the fee surface rights owner of the property to be served, the applicant shall include sufficient evidence of concurrence or knowledge in the application by the fee owner and proof of development rights (i.e. option to buy, federal use permit). The applicant shall give complete names, physical address, email address, and telephone numbers of the property owner(s), the applicant(s), and primary contact person, on the application along with the expected dates of construction and commencement of use of the access.

(d) Corporate or agency applicant. When the owner or applicant is a company, corporation, government agency or other entity, the application must provide the office, title, and the name of the responsible officer. A corporation must be licensed to do business in the State of Utah.

(e) Misrepresentation. Intentional or negligent misrepresentation of existing or future conditions or of information requested for the application for the purposes of getting a more favorable determination is sufficient grounds for the rejection or denial of the application or revocation of a conditional access permit and encroachment permit.

(f) Non-refundable application review fees. A non-refundable application review fee shall be assessed for the review and assessment of the conditional access permit application and the temporary conditional access permit application. The non-refundable review fee may be waived for local government agencies where a public street connection is being made.

(a) Completeness review. The Department shall review the application to verify the required information has been submitted. If the Department determines an application to be incomplete, the applicant shall be notified in writing including by, but not limited to, email notification. The notice shall include any outstanding items, issues, or concerns . Upon receipt of the Department's correspondence requesting more information, the applicant shall timely provide additional data and information as appropriate or withdraw the application. The applicant is required to submit the necessary information as determined by the Department to complete the application within 30 calendar days of said request. Otherwise the application may be considered withdrawn.

(b) Completeness review period. The typical completeness review period is ten working days. This review period begins when the applicant submits a completed application packet with all required components for approval and has rendered the appropriate non-refundable application review fee. Once additional requested information is submitted, or resubmitted, by the applicant the (10) ten-day completeness review period starts over.

(c) Application review. The Department shall begin processing the application when the application has been identified as complete. The Department shall use this rule and any other applicable state and federal laws, policies, or guidelines to evaluate and act on the application. If during the review of the application it is found that additional information for review is necessary, the Department shall correspond in writing to the applicant the need for additional information. Written notification may include, but not be limited to, email notification. The application review period may be lengthened or begin again when the applicant submits significant additional information.

(d) Signatures. When this rule or related official forms require the signature of the permittee(s) or applicant, the signatures shall be that of the specific individual or if a corporation or partnership or other entity, the duly authorized officer or agent of the corporation or partnership or other entity. The applicant shall include the name of the corporation, partnership, or entity with the signature.

(e) Application review period. The typical application review period is forty-five working days.

(f) Action by the Department. As determined by the requirements of this rule, the Department may approve the conditional access permit as proposed, require layout, design and location modifications as it considers appropriate, restrict one or more turning movements as necessary to reduce traffic and safety impacts, or deny the request.

(g) Conditional access permit expiration. A conditional access permit shall expire if the access construction is not completed within twelve months of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to complete construction within 12 months after the permit issue date, the permittee may request a 12-month extension from the Department. No more than one 12-month extension may be approved under any circumstances. The applicant must submit a request for an extension in writing to the Department before the original 12-month period expires. The request shall state why the extension is necessary, when construction is anticipated, and include a copy the conditional access permit approval. Extension approvals shall be in writing and may include, but not be limited to, email documentation. For any access approval that has expired, the applicant shall begin the application procedures again. Once an issued permit has expired any prior approval is null and void. Any subsequent application must conform to the latest permitting standards and conditions without reliance upon any past conditions that may have been deemed acceptable on any previously approved, but expired, permit.

(h) The Department shall maintain a copy of the conditional access permit issued for as long as the access point is in existence, or as otherwise prescribed by law.

(a) The following procedures and standards apply to requests for the modification of a limited-access or no-access line.

(b) Extended review period for limited-access and no-access control line modifications. While most requests for a new access opening may be reviewed within 45 days, additional review time may be needed for these types of applications that can require an external review by the Federal Highway Administration. There is no fixed amount of time that the Department may take to review a request to create or modify an access control line. Complex or incomplete requests may take longer than 45 days to review and approve or deny.

(c) Corridor agreements. Requests to modify a limited-access line may require the applicant to produce or provide analysis for a signal control plan or access corridor control plan. Requests to modify a no-access Line must include a signal control plan agreement or access corridor control plan agreement.

(d) Approval or denial decision. Upon recommendation of Department staff, the Department Deputy Director or designee shall approve or deny the conditional access permit request for changes to limited-access lines or no-access lines and send notice of the decision to the applicant. FHWA review is required for federal-aid roads based on the Stewardship and Oversight Agreement between FHWA and the Department, even if the right-of-way was nonparticipating.

(e) Fees and reimbursements. The Department considers access rights a real property interest that the Department may sell upon payment of fair market value. Alternatively, the Department may retain ownership and allow an access by conditional access permit, with a reduced fee that takes into account exchanges of value received by the Department or that are otherwise in the public interest. Any changes to limited-access or no-access lines require reimbursement to the Department of its fair market value or a conditional access permit. Fair market value shall be determined by an independent licensed appraiser as listed within the Department's certified pool of approved appraisers. The fee for a conditional access permit is its fair market value, less offsets for adequately supported exchanges of value offered by the applicant and accepted by the Department. The Department may apply a credit to a purchase or a conditional access permit fee in the following circumstances:

(f) Recorded deed. The Department, in consultation with the applicant, shall execute and record any deeds associated with an approved conditional access permit on the appropriate property deed indicating the access opening. The applicant shall revise all maps and plans as necessary to facilitate the conditional access permit approval process as required by the Department.

(g) Review considerations. Department and, if applicable, FHWA staff shall investigate safety and other operational features and impacts of the request review and comment on the following:

(h) Revision of access openings. If a property owner desires to change the location, use, or size of an access opening, after execution of the deed, a new application must be submitted to the Department giving the location of the desired change and its justification. Changes shall comply with the standards and requirements of this rule.

(a) General. No work on the state highway right-of-way may begin until an approved encroachment permit is issued by the Department and the permittee is authorized in writing to proceed. Written authorization may include, but not be limited to, email.

(b) Permit fees. A non-refundable review fee shall be assessed for approved encroachment permits. The Department may not authorize the permittee to begin work on the state highway until the permit fee is paid.

(c) Notice of construction and work completion time-frames. The permittee shall notify the Department at least (2) two working days prior to any construction within state highway right-of-way. The permittee shall execute access construction in an expeditious and safe manner. Access construction must be completed within (90) ninety days from initiation of construction within the highway right-of-way.

(d) Phased construction of access. Upon request, the phasing of the installation of access design requirements may be allowed if the average use of the access at any time does not exceed the constructed design and the Department or local authority is provided monetary or legal guarantees that access approval terms, conditions and limitations shall be met prior to any use of the access exceeding the existing design of the access.

(e) Traffic control. The permittee shall provide appropriate construction traffic control devices at all times during access construction in conformance with the MUTCD and UDOT standard drawings for traffic control.

(f) Professional evaluation. For any permit involving changes to state highways or structures, the Department may require the permittee to hire a Professional Engineer licensed in the State of Utah to inspect the access and state highway and structures carefully and to affirm to the best of their knowledge and belief that the construction is in compliance with the permit, Department specifications, materials construction monitoring and testing, and to report any item that may not be in compliance or cannot be determined to be in compliance and the nature and scope of the item relative to compliance. The Department may require testing of materials at the permittee's expense. When so required by the Department or as specified on the permit, test results must be provided to the Department.

(g) Construction operations. Installation of highway and access elements must be in compliance with all Department requirements for conditional access permit and encroachment permits, the UDOT standard drawings and the state or local health ordinance specifications for culverts, catch basins, drainage channels, and other drainage structures.

(a) No payment. A permit shall be deemed withdrawn if the Department has not received the signed copy of the permit or the non-refundable application review fee payment, if any, from the applicant within (30)thirty calendar days of the date of approval transmittal.

(b) Non-responsive applicant. The application may be deemed withdrawn if the applicant fails to provide requested documents, plan alterations, or similar application components as required by the Department within 30 calendar days of such a request. The clock for a non-responsive applicant starts anytime the Department provides the applicant a written request for additional information, plan alterations, or other application components deemed necessary to effect further review of the application. Written requests for additional information may include, but are not limited to, email. Prior to deeming a nonresponsive application withdrawn, the Department shall make a minimum of (2) two direct contact attempts in approximately (2) two -week intervals to advise an applicant that their application is in jeopardy of being terminated and classified as withdrawn. Contact attempts may be made in person, via email, written letter, or phone call.

(c) Resubmission. Once an application is deemed withdrawn, the applicant must: