Transportation, Operations, Maintenance

Rule R918-3

Snow Removal

Notice of Proposed Rule

(Amendment)

DAR File No.: 35515
Filed: 12/08/2011 03:51:00 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to simplify the criteria for when snow removal service may be provided on roads leading to for-profit winter recreation areas. Other technical changes include correcting the beginning and ending mile post locations for segments that close during the winter and renumbering the subsections for consistency with other rules.

Summary of the rule or change:

The rule describes the circumstances where UDOT will provide snow removal services, and where such responsibility is left to local governments or private owners. In regard to snow removal service on roads leading to for-profit winter recreation areas, a complicated formula designed to calculate whether such a road segment was eligible for service was removed and replaced with simplified language that allows more discretion to the Region Director.

State statutory or constitutional authorization for this rule:

• Section 72-1-205
• Section 72-1-201

Anticipated cost or savings to:

the state budget:

The change neither adds to nor subtracts from the amount of service currently provided for most winter recreational areas. However, under the revised rule, Eagle Point Ski Area in Beaver County could become eligible for snow removal service, which would be an added cost to the state of approximately $200,000 per year.

local governments:

There is no anticipated cost or savings to local government because the changes only affect one winter recreation area.

small businesses:

There is no anticipated cost or savings to small businesses because the changes only affect one winter recreation area.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the changes only affect one winter recreation area.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons because the changes only affect one winter recreation area and the affect would be to its benefit.

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

For most ski resorts, the revised rule will represent no change, and therefore have no fiscal impact to the operation. The change positively affects Eagle Point Ski Resort, as it did not previously qualify for weekend or holiday snow removal service under several essential service requirements. However, in order to receive snow removal service, Eagle Point will have to provide parking away from the highway, and commit to keeping that parking clear.

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
Operations, Maintenance
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Linda Barrow at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at lindabarrow@utah.gov

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:

01/31/2012

This rule may become effective on:

02/07/2012

Authorized by:

John Njord, Executive Director

R918. Transportation, Operations, Maintenance.

R918-3. Snow Removal.

R918-3-1. Purpose and Authority.

The purpose of this rule is to indicate where and when the Utah Department of Transportation will provide snow removal services. This rule is enacted under the general rulemaking authority in Section 72-1-201.

 

R918-3-2 On State Roads.

[A.](1) The Utah Department of Transportation will provide snow removal services on the following functional classes of state roads:

[1.](a) Interstate highways

[2.](b) Principal arterials

[3.](c) Minor arterials

[4.](d) Collector roads which meet the following criteria:

[a.](i) where counties or cities provide year round fire, police and emergency services;

[b.](ii) where mail year round delivery is provided;

[c.](iii) where year round water and sanitary services are provided; and

[d.](iv) where counties or cities request or concur with year round snow removal.

[B.](2) The following state road sections are an exception to paragraph [A](1) above and shall be closed in the fall when snow depth requires closure, and will not be reopened until spring weather conditions permit.

 

TABLE 1

  SR-35 (Wolf Creek Pass)         MP [12.0 - 32.0]12.44 to 27.51

  SR-39 (Monte Cristo)            MP [37.2 - 60.3]36.86 to 55.4

  SR-65 (Region 2 East Canyon)    MP 3.11 to[-] 8.4

  SR-65 (Region 1 Big Mountain)   MP 8.4 to 13.47

  SR-92 (American Fork Canyon/
         Alpine Loop)             MP [14.4 to 22.3]12.63 to 22.40

  SR-148 (Cedar [Canyon]Breaks)   MP [0.2 to 3.5]0.15 to 2.544

  SR-150 (Mirror Lake Highway)    MP 14.70 to 48.63

  SR-153 (Puffer Lake)            MP [21.5 - 39.6]21.29 to 39.55

  SR-190 (Guardsman Pass)         MP [18.1]17.71 to 21

  SR-224 (Wasatch County line
          to Deer Valley)         [ ]MP [10 to 12.1]0.0 to 1.11

 

[C.](3) Other state road sections may be closed for the winter/or not receive snow removal services, if the Region[/District office] Director determines that it is not cost effective to provide snow removal services.

[D.](4) The removal of the normal snowfall and windrows on private road approaches, both on and off the highway right-of-way, is a responsibility of the property owner. When clearing these approaches, the property owner shall not push or pile the snow onto the state right-of-way. Within towns and where curb and gutter exist, the normal parking area off the travel lane may be used for snow storage by state forces. If it is desired to remove this snow, it shall be the responsibility of the city, county or the adjacent property owner. The state shall not haul snow off the roadway except [on structures] where [the length of structures makes] removal [of the snow] by other means is impracticable.

 

R918-3-[2]3. On State Roads Leading to for-profit Winter Recreational Areas.

[A.](1) State roads leading to for-profit winter recreational areas not qualifying above may qualify for weekend and holiday snow removal services[ upon consideration of developed analytical criteria as listed below. These criteria establish a procedure to equally evaluate all winter recreational areas throughout the State]. Each for-profit winter recreational area will be evaluated individually[ on the basis of a benefit cost ratio and the resort facilities provided by the operator and/or their entrepreneurs].

[B.](2) To receive weekend and holiday snow removal services, owners or operators of a for-profit winter recreational area shall[meet a benefit cost ratio of 50 or greater as defined below, provide adequate parking area as defined below, and provide emergency accommodations. To receive weekday services, in addition to the above requirements the area must provide two of the following]:

[1.](a) [lift capacity of 700,000 vertical transport feet/hour]request, in writing to the Region Director, weekend and/or holiday snow removal services;

[2.](b) [on-site lodging facilities]provide parking away from the highway for all employees, guests, and users; and

[3.](c) [on-site eating accommodations;

4. gasoline, towing and automotive services]clear snow from all winter recreation site parking areas.

[C.](3) [The benefit cost ratio - as used herein, is the quotient obtained by dividing the amount of money spent by recreational area users by the cost of providing snow removal operations on access roads. To qualify for snow removal services the benefit cost ratio "K" as determined by the following formula shall be 50 or greater:

K = NU / 7C

N = Number of days of operation per week

ADT = Average daily traffic

U = (Average occupancy rate for each vehicle)

x (ADT for the road during the skiing season)

x (Length of season in days) x (Average amount spent at resorts by skiers per day)

C = Average daily cost of providing snow removal services

The number "7" is the number of days in a week]The Region Director may authorize weekend and holiday snow removal services based on UDOT Policy 06A-42, functional classification of the road, and available resources.

[D.](4) [Parking Facilities: The resort operator is to provide and plow a minimum of 200 square feet of parking area (off of state right-of-way) for each unit of average daily traffic used in computing "K" in paragraph C., regardless of the number of operating days per week, "N". The state will plow state access roads but not open them until the winter recreational area operator has plowed the parking area to the required square footage and opened any access roads off the state highway system. Whenever the parking area is not satisfactorily plowed, the state will close the state access roads to inbound traffic except emergency vehicles]The Region Director may suspend, delay, postpone, accelerate, or terminate weekend and holiday snow removal services based on resource availability, avalanche danger, unusual snowfall accumulation, or other factors determined by the Region Director as presenting unacceptable risk to the traveling public or snow removal personnel.

[ E. Emergency Accommodations. The recreational area operator is to provide lodging and meal accommodations for emergencies.

F. Resort Facilities - To receive snow removal services each resort must have certain capabilities:

Capacity and Services: Snow removal based on benefit cost ratio will be limited to weekends and holidays. To receive weekday services the winter recreational resort operator must provide or have available for other concessionaires at least two of the following at the resort site:

1. lift capacity of 700,000 vertical transport feet/hour;

2. on-site lodging accommodations for 5% of (average daily traffic for the road during the skiing season), x (average occupancy rate for each vehicle);

3. on site eating accommodations for 10% of (average daily traffic for the road during the skiing season), x (average occupancy rate for each vehicle);

4. gasoline, towing and automotive services.]

 

R918-3-[3]4. Other Than Roadways on the State System.

[A.](1) Snow removal service will not be provided for the following, except where provided through written agreement with the Utah Department of Transportation:

[1.](a) sidewalks;

[2.](b) overhead crosswalk structures;

[3.](c) walkways attached to structures;

[4.](d) driveways;

[5.](e) parking lots;

[6.](f) roads not on the state system;

[7.](g) overhead vehicular structures not on the state system; [and]or

[8.](h) bike and pedestrian trails.

 

KEY: snow removal

Date of Enactment or Last Substantive Amendment: [February 15, 2001]2012

Notice of Continuation: August 9, 2007

Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-205[; 72-1-303]