DAR File No. 32723

Transportation, Program Development

R926-3

Class B and Class C Road Funds

NOTICE OF PROPOSED RULE

DAR File No.: 32723
Filed: 06/10/2009, 10:11
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule change is to adopt the Regulations Governing Class B and Class C Roads, which is currently being placed verbatim into the rule. The rule change will allow the regulations governing Class B and Class C Roads to be incorporated by reference.

Summary of the rule or change:

The rule change does not materially change the rule. The rule incorporates by reference the Regulations Governing Class B and Class C Roads. Previous to this change the regulations were placed verbatim into the rule. The adoption of the rule will incorporate the regulations by reference.

State statutory or constitutional authorization for this rule:

Sections 72-2-107 through 72-2-110

This rule or change incorporates by reference the following material:

This rule updates to the newest Regulations Governing Class B and Class C Roads, dated September 19, 2008

Anticipated cost or savings to:

the state budget:

No cost or savings are anticipated with this rule change. No new requirements were created with this rule change which will impact the state budget. The change is all in the text with substantive changes.

local governments:

No cost or savings are anticipated for local governments with this rule change. No new requirements were created with this rule change that impact local governments.

small businesses and persons other than businesses:

No cost or savings are anticipated for small businesses with this rule change. No new requirements were created with this rule change that impact small businesses.

Compliance costs for affected persons:

No cost or savings are anticipated for compliance of affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule should have no fiscal impact on businesses. John Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Program Development
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5998

Direct questions regarding this rule to:

Maureen Short at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2009

This rule may become effective on:

08/07/2009

Authorized by:

John R. Njord, Executive Director

R926. Transportation, Program Development.

R926-3. Class B and Class C Road Funds.

R926-3-3. [Definitions.]Incorporation of B and C Regulations by Reference.

The Department incorporates by reference the latest UDOT publication "Regulations Governing Class B and Class C Road Funds" dated September 19, 2008. This may be found on website http://www.udot.utah.gov.[(1) "Class B and class C Roads" means all public highways, roads or streets that are traveled ways under the jurisdiction of, and maintained to a minimum standard or higher by a county or incorporated city or town, over which a conventional two-wheel drive vehicle may travel.

(2) "Class B and class C road account" is as defined in Utah Code Ann. Section 72-2-107.

(3) "Alleys" means those publicly or privately owned passageways, regardless of width, that were established more as a necessary convenience for adjoining property owners than for free movement of ordinary two-wheel drive vehicular travel. They are typically used for garbage collection, access to private garages and rear entrances to commercial establishments.

(4) "Construction" includes the definitions provided in Utah Code Ann. Section 72-1-102; and Title 72, Chapter 6, Transportation Code.

(5) "Maintenance" has the definition provided in Utah Code Ann. Section 72-6-109.

(6) "Improvement Project" has the definition provided in Utah Code Ann. Section 72-6-109.

(7) "Project" has the definition provided in Utah Code Ann. Section 72-6-109.

(8) "UDOT" means the Utah Department of Transportation.

(9) "Local Authority" means a county or municipality.

 

R926-3-4. Rules.

The program to use class B and class C roads account funds will be conducted according to Title 72, Chapter 6, Transportation Code; and other laws governing the Utah Department of Transportation, 51-2-1 through 51-2-3, and 51-2-5 through 51-2-6. The following information is provided for clarification and implementation of the statutes.

(1) Class B and C roads account funds may be used only for construction, maintenance and highway related purposes on eligible B and C roads. Except under emergency conditions, all equipment purchased with B and C roads account funds shall be used on public roads only.

(2) The local authority shall meet the requirements of Section.

(3) Approval shall be required from the UDOT region director to use B and C roads account funds on state highways, for any permitted purpose.

(4) Unlocked gates shall be permitted on eligible roads only if approved by county governing board for a county road or by the city council if a city street. Any portion of a road restricted by a privately locked gate shall not be eligible for class B and C roads account funds.

(5) Signing that restricts use of a public road shall not be permitted. Examples of restrictive signing include:

(a) any sign that implies the road is private or may be used only by authorized personnel;

(b) any sign posted on an unlocked gate across an otherwise public road that reads "No Trespassing", "Private Property", or "Keep Out". It is permissible, however, for these signs to be posted on fences or posts that run parallel to a public road to mark private property.

(6) Any local authority desiring to allow its class B or C roads account funds to accumulate until sufficient funds are available for more extensive road projects may invest said monies in accordance with the Utah State Money Management Act, Title 51, Chapter 7. All interest earned shall be credited to the local authority class B or C roads account fund.

(7) The acceptance by a local authority of monies from the B and C roads account fund shall constitute an agreement to use the funds according to all laws and regulations that apply. Failure of any local authority to comply with the laws, regulations and procedures regarding class B and C roads account funds shall constitute a breach of contract and UDOT shall have the authority, at its discretion, to withhold subsequent allocations in each instance until compliance with all laws and regulations is accomplished.

(8) The local authority shall meet audit requirements set forth in Title 51, Chapter 2.

(9) The local authority may issue bonds against class B and C road account fund revenues up to a 10-year period, as provided in Utah Code Ann. Section 72-2-108.

 

R926-3-5. Procedures.

(1) Class B and C roads account funds shall be distributed based on Section 72-2-108.

(2) Population figures utilized in allocating B and C s account funds shall be based on the most recent Bureau of Census figures as set forth in Section 72-2-108.

(3) The UDOT Planning Statistics Section shall conduct a continuing program in which all traveled ways in each county, city and town are regularly inventoried by physical inspection during a four to seven year period. This inventory shall determine eligible mileage and up-to-date land area for each local jurisdiction, which shall then be used in allocating B and C roads account funds.

(4) Local authorities may request UDOT, no more than once per year, to conduct a special update to the regularly scheduled inventory so the local government may receive credit for changes to the corporate limits or road and street systems that occur between the regular inventory cycle. The request shall be in writing to the supervisor of the road inventory program in the UDOT Planning Statistics Section.

(5) Mileage figures for streets and roads are determined by scaling from maps established by UDOT with assistance from the local authorities. Information necessary to establish roads and streets on the UDOT maps shall be obtained from the local government before mileage can receive Class B or C roads account credit.

(6) Alleys are not included in the mileage for fund allocation.

 

R926-3-6. Uses of Class B and Class C Roads Account Funds.

(1) Permissible uses of class B and C roads account funds include, but are not limited to, the following:

(a) all construction and maintenance on eligible class B and C roads, as defined in Utah Code Ann. Sections 72-3-103 and 72-1-104;

(b) sidewalks, curb, and gutter on all eligible class B and C roads and state highways, safety features, traffic signals, and traffic signs, as provided in Title 72, Chapter 8, Transportation Code;

(c) investments for interest purposes; interest to be retained in the fund;

(d) equipment purchases or equipment leases and rentals;

(e) engineering and administration;

(f) future reimbursement of other funds for large construction projects;

(g) rights-of-way acquisition, fencing, and cattle guards;

(h) matching federal funds as provided in Utah Code Ann. Section 72-2-110;

(i) equipment purchased with class B and C roads account funds may be leased from the road department to another department or agency using the rental rate established by the current "Cost Reference Guide for Construction Equipment", distributed by K-3 Directory Corp., 1735 Technology Dr., San Jose, California, 95110, Phone 1-800-669-3282;

(j) construction of road and maintenance buildings, storage sheds, and yards. Multiple use facilities may be constructed by mixing funds on a proportional basis;

(k) construction and maintenance of alleys.

(2) Non-permissible uses include, but are not limited to, the following:

(a) non-road uses;

(b) police costs;

(c) payment for rental on equipment previously purchased with B and C roads account funds.

 

R926-3-7. Responsibilities.

(1) The Utah Transportation Commission shall receive appeals from administrative actions.

(2) The Utah Department of Transportation in cooperation with city and county officials, shall promulgate rules and procedures covering the class b and c roads program. The Department shall:

(a) apportion class B funds to counties and C funds to cities in accordance with the formula provided by law at Utah Code Ann. Section 72-2-108;

(b) make and mutually adopt with cities, towns and counties, rules and procedures for expenditures of these funds. The City and County "Joint Highway Committee" represents all cities and counties;

(c) cooperate with officials of counties, cities and towns to put into effect the provisions of the law.

(3) For the purpose of handling the affairs of the class B and C roads account fund, UDOT has assigned particular duties within the department as follows:

(a) Each region office shall randomly check completed projects to assure responsible use of the funds.

(b) Program Development, Planning Statistics Section prepares the quarterly class B and C allocation list using the prescribed formula.

(i) On request UDOT shall provide individual population, mileage, and land area information used in the distribution formula.

(ii) UDOT calculates the allocation of B and C funds each quarter.

(iii) Each city and county receives a transfer of funds directly from the State Division of Finance.

(c) Program Development, Planning Statistics Section shall conduct a regularly scheduled inventory to physically inspect all roads and streets under local jurisdiction and to collect data to establish current corporate limits.

(d) Program Development, Cartography Unit may publish a complete set of maps for each county, including all cities and towns within each county, within a year or less following completion of the regular inventory in a county. The new maps shall bear the same year date the inventory was completed in the county. Each local authority shall be entitled to receive two complimentary maps of their jurisdiction when published.

(e) UDOT may conduct special updates by request of the local authority to allow changes to be made in the figures used in allocating B and C funds between the regular inventory cycle.

(i) Local authorities shall be notified of the final results of the update on completion of the field work by UDOT personnel; changes in the allocation figures should be made within six months after submittal of the request.

(ii) Updates shall be subject to availability of roads for physical inspection during winter months.

(f) UDOT reserves the right to disqualify a road from class B or C funding if maintenance is below the minimum standard and is not improved within 90 days of notification from UDOT to local officials. A disqualification may be appealed.

(g) Office of Comptroller shall maintain record of all authorized distributions.

(h) The UDOT local government projects engineer shall be responsible for administration of the B and C program and shall be available to assist all cities and counties.

(i) UDOT makes no guarantee of the availability of future fund allocations and assumes no financial responsibility in that regard.

(4) The local authority shall:

(a) become acquainted with and follow all rules, procedures and law regarding the use of B and C roads account funds;

(b) make definite assignments for reporting and using class B and C roads account funds;

(c) provide for financial and compliance audits of the class B and C roads account funds as required by Sections 51-2-1 through 51-2-3, 51-2-5, and 51-2-6;

(d) submit a copy of the required audit report and management letter/financial statement or financial report to the State Auditor's Office and to the UDOT local government projects engineer within six months of the end of the local government's fiscal year.

(e) select and complete projects using class B and C roads account funds;

(f) deposit and account for class B and C roads account funds in accordance with the State of Utah Uniform Accounting Manual;

(g) maintain class B and class C roads and streets to the minimum standard or higher;

(i) Minimum standard includes keeping the roadway free from such obstructions as excessively high centers, overgrowth of vegetation, and washouts. Unimproved roads shall be graded on a regular basis to meet this requirement.

(ii) Roadways shall be traversable by a conventional two-wheel drive passenger vehicle during dry weather conditions.

(iii) Snow removal and keeping a roadway passable during extreme weather conditions shall be the discretion of the local agency.

(h) furnish to UDOT any information at the local authority's disposal that may assist UDOT in updating the mileage and land area figures of the local entity during the inventory process.

(i) Examples of the type of information needed regarding changes in road and street mileage are:

(A) computerized data containing a scaled map or other descriptive information, such as point of beginning, bearings, distances and curve data, that provides accurate location and alignment of individual roads and streets; or

(B) copies of recorded subdivision plats containing descriptive information as in; or

(C) a map showing locations of roads or streets.

(ii) Examples of the type of information needed regarding changes to corporate limits are:

(A) copies of annexation documents that have been filed and recorded with the county recorder's office. These documents shall contain legal descriptions that refer to commonly known reference points such as township, range, and section; or latitude and longitude; or state plane coordinates. Any annexations described by local or farm surveys that identify only lots, blocks, or properties and cannot be plotted on the map maintained by UDOT shall not be added to the land area total.

(B) If available, computerized data showing current corporate limits as recorded with the county on a map. Local officials shall be willing to certify the corporate limits as shown on the map reflect only those annexations that have been recorded with the county.

 

R926-3-8. Eligibility Requirements for Class B and Class C Roads.

(1) UDOT shall recognize claim to jurisdiction by decree of local officials. These officials include county governing boards or the governing officials of the city.

(2) UDOT shall recognize a county/city claim of jurisdiction of any public road through private land within national forest boundaries with no additional documentation.

(3) UDOT shall require a copy of the agreement with the National Forest Service granting jurisdiction, including temporary with renewable option, of any road passing through public lands within national forest boundaries to a county/city for these roads to be eligible.

(4) Roads and streets leading to the entrance of a public park or cemetery are eligible. However, those roads inside the park or cemetery are ineligible unless they serve as a through street that carries traffic to other destinations.]

 

KEY: transportation policy, highway finances, highway, roads

Date of Enactment or Last Substantive Amendment: [April 1, 1997]2009

Notice of Continuation: November 29, 2006

Authorizing, and Implemented or Interpreted Law: [27-12; 72-6; 51-2-1 through 51-2-3; 51-2-5 through 51-2-6]72-2-107 through 72-2-110