Transportation, Operations, Maintenance

Rule R918-3

Snow Removal

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36609
Filed: 08/01/2012 04:16:25 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is required under Section 63G-3-201 because it describes how UDOT provides the material benefit of snow removal service to the public, and because it impacts persons external to UDOT. Section 72-1-201 assigns responsibility to the Department of Transportation for maintenance, and safety of state transportation systems. Section 72-1-205 further assigns such responsibilities to each UDOT Region.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have been no written comments from interested parties during and since the last five-year review.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule delineates on which state roads, and under what circumstances, snow removal services will be provided. It defines which state route segments will be closed during the winter, and defines conditions under which state roads leading to for-profit winter recreation areas may receive snow removal service on weekends and holidays. The rule also outlines the responsibilities of private property owners with respect to removing snow from their properties where they intersect with state roads. The rule is necessary in order that the public may understand the priorities and limitations of UDOT in undertaking its snow removal operations, and understand their own responsibilities with respect to snow removal from private property. Therefore, this rule should be continued.

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

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 cwnewman@utah.gov

Authorized by:

John Njord, Executive Director

Effective:

08/01/2012