Transportation, Preconstruction, Right-of-Way Acquisition

Section R933-3-4

When Access is Controlled

Notice of Proposed Rule

(Amendment)

DAR File No.: 36606
Filed: 08/01/2012 04:05:30 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to delete a sentence which is inconsistent with Rule R930-6. The need for this amendment was pointed out by the Governor's Business Regulation Review Project.

Summary of the rule or change:

The rule concerns how access is controlled and/or granted on limited access facilities. Subsection R933-3-4(2) states in part, "Except for minor arterial highways adjacent to a freeway interchange, control shall not be established if the road is less than one mile in length." This statement conflicts with Rule R930-6 and, if not deleted, will prevent UDOT from exercising effective access control.

State statutory or constitutional authorization for this rule:

• Section 72-1-102
• Section 72-1-201
• Section 72-7-102

Anticipated cost or savings to:

the state budget:

There may be some saving to the state budget because the existing conflict between Rule R930-6 and Rule R933-3 can contribute to increased staff costs when conflicting regulatory language becomes a catalyst, or driver, for an otherwise unnecessary administrative appeal hearing, or other legal review process.

local governments:

Local governments may derive indirect benefits and cost savings through qualitative program improvements resulting from the removal of this conflicting regulatory language.

small businesses:

Small businesses may derive indirect benefits and cost savings through qualitative program improvements resulting from the removal of this conflicting regulatory language.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities because the change only eliminates a conflict between existing rules.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons because the change only eliminates a conflict between existing rules.

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

There are no anticipated fiscal impacts on businesses because the change only eliminates a conflict between existing rules, except to the extent businesses may derive indirect benefits and cost savings through qualitative program improvements resulting from the removal of this conflicting regulatory language.

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
Preconstruction, Right-of-Way Acquisition
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Christine Newman 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:

09/14/2012

This rule may become effective on:

09/21/2012

Authorized by:

John Njord, Executive Director

R933. Transportation, Preconstruction, Right of Way Acquisition.

R933-3. Relocation or Modification of Existing Authorized Access Openings or Granting New Access Openings on Limited Access Highways.

R933-3-4. When Access is Controlled.

(1) Limited access control for classified principal arterial highways other than the interstate system and expressways shall be obtained in all rural areas and in urban areas if the highway is being constructed on new alignment or if the existing highway is in sparsely developed areas where control is desirable and economically feasible. Control in urban areas on existing alignment shall not be allowed unless approved by the Utah Transportation Commission.

(2) In addition to the limited access control of principal arterial highways, a limited mileage of high volume minor arterial highways may justify limited access control, especially on new alignment and if adjacent to a freeway interchange. [Except for minor arterial highways adjacent to a freeway interchange, control shall not be established if the road is less than one mile in length.] Access, if desirable and economically feasible, shall be determined on an individual basis and is subject to approval of Utah Transportation Commission.

(3) Under limited access control, the following limitations shall apply:

(a) The maximum feasible and economic access control shall always be obtained.

(b) On bypasses of cities and towns, all property access shall be prohibited except where the bypass is in a low population town with little or no business and inadequate public crossroads for property access.

(c) On other than bypass roads, a maximum of five accesses per mile on each side of the highway may be granted. Unless justified under this rule, accesses to property shall only be granted opposite to each other.

(d) Where any one property has access to another public road or roads, no access shall be given closer than 1/2 mile from the public road nor shall any two granted accesses be closer than 1/2 mile with the following exception: Where the proposed project involves reconstruction on or near an existing highway where a home, business or other property development is located and lack of direct access to a home, business or other property development would involve excessive property damage and added construction costs, in which case access openings may be provided within the other stated limitations.

(e) No property access shall be closer than 500 feet from another property or public road access.

(f) In order to eliminate public road access, study shall be made in conjunction with local authorities as to feasibility of dead ending or rerouting of intersecting roads.

(g) The maximum size of private access openings shall be 16 feet for residences, 30 feet for farms or other areas where large equipment is used, and 50 feet for commercial and industrial areas.

(4) Exceptions to the above limitations shall only be made if a careful appraisal reveals extensive damage or if needed frontage roads would involve excessive right of way costs or, in canyons, excessive construction costs. Detailed reports of costs and justification for variance shall be prepared and submitted to the assistant director for approval.

 

KEY: limited access highways

Date of Enactment or Last Substantive Amendment: [1990]2012

Notice of Continuation: November 14, 2011

Authorizing, and Implemented or Interpreted Law: 72-1-102; 72-1-201; 27-12-114; 72-7-102