DAR File No. 38054

Transportation, Preconstruction, Right-of-Way Acquisition

Rule R933-3

Relocation or Modification of Existing Authorized Access Openings or Granting New Access Openings on Limited Access Highways

Notice of Proposed Rule

(Repeal)

DAR File No.: 38054
Filed: 10/10/2013 08:56:43 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed because its provisions will be incorporated into the proposed repeal and reenactment of Rule R930-6, Access Management. (DAR NOTE: The proposed repeal and reenactment of Rule R930-6 is under DAR No. 38052 in this issue, November 1, 2013, of the Bulletin.)

Summary of the rule or change:

This rule is being repealed in its entirety and its provisions added to Rule R930-6.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because the provisions of this rule are being moved to Rule R930-6.

local governments:

There is no anticipated cost or savings to local government because the provisions of this rule are being moved to Rule R930-6.

small businesses:

There is no anticipated cost or savings to the small businesses because the provisions of this rule are being moved to Rule R930-6.

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 provisions of this rule are being moved to Rule R930-6.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons because the provisions of this rule are being moved to Rule R930-6.

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

There is no anticipated fiscal impacts on businesses because the provisions of this rule are being moved to Rule R930-6.

Carlos Braceras, 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 cwnewman@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:

12/02/2013

This rule may become effective on:

12/09/2013

Authorized by:

Carlos Braceras, 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.

R933-3-1. Authority.

The provisions of this rule are authorized by grants for rulemaking authority Utah Code Ann. Sections 72-1-201 and 72-7-102.

 

R933-3-2. Purpose.

To establish a procedure for allowing and establishing new or existing highways as limited access facilities, for the elimination of intersections and for the right to access restricted facilities.

 

R933-3-3. Definition.

Limited-access facility shall be defined as in Section 72-1-102.

 

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. 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.

 

R933-3-5. Designation of Access Location.

(1) The Utah Department of Transportation Right of Way Division shall conduct a study and prepare detailed right of way maps, to be used by the Utah Transportation Commission to make final access location determination. The study shall include the location of and justification for current access openings and property owners shall be contacted to determine development plans for the property. The Right of Way Division shall prepare cost estimates for proposed and alternate access locations. The Utah Transportation Commission shall make final access location determination.

(2) The access openings granted shall be accurately described in the property deed and shown on right of way maps and roadway construction plans.

(3) After execution of the deeds, no change shall be made in the access location or additional access openings granted except as provided below.

(4) If a portion of a property which has no access to the highway is later sold, the department has no obligation to grant an access to the property and if inquiries are made, a prospective buyer should be definitely so advised.

 

R933-3-6. Revision of Access Openings.

(1) If a property owner desires to change location or size of an access opening, after execution of the deed, a written request shall be submitted to the department giving location of desired change and its justification. Changes shall comply with the limitations as to spacing in the limited access control policy.

(2) The region director, in cooperation with the engineer for safety, shall determine if the change in location will cause any adverse safety or other traffic operational effects and submit a report with recommendations to the assistant director.

(3) If the change is approved by the assistant director and on federal-aid roads by the Federal Highway Administration, new deeds shall be prepared and executed and all maps corrected.

(4) The property owner shall pay for all costs involved in closing or modifying an existing access opening.

 

R933-3-7. New Access Openings.

(1) Only in cases where significant public benefit will result will new access openings be granted. Access rights are purchased and are considered an asset, the same as purchased property, and can be disposed of the same as real property. Any additional access will not be considered if not in compliance with this rule.

(2) The request shall be submitted by the property owner or public agency in writing to the department, detail as to public benefit and other justifications.

(3) Before granting an opening, safety and other operational features shall be investigated by the region director and the engineer for safety and a written report and recommendations made.

(4) If the access opening is granted, the appreciation of the private property involved shall be determined by an appraisal from the Right of Way Division.

(5) Based on the findings, the executive director of transportation shall make a decision on the request. On federal-aid roads, concurrence of the Federal Highway Administration shall be obtained if the access opening is recommended by the executive director of transportation.

(6) If the access opening is approved and is to serve private property, the property owner shall pay the department for property appreciation, resulting from the department's relinquishment of the access, as determined by the executive director and the Federal Highway Administration.

(7) On the federal-aid roads the property owner shall also pay all costs for construction of gates, approaches and any other incidental construction costs involved.

(8) The deed shall be executed describing the access opening and all maps and plans shall be revised. This procedure applies to roads constructed with federal-aid funds, which will remain on a federal-aid system and be transferred to local authorities.

(9) Requests for modification of access control shall be forwarded with recommendations to the Utah Department of Transportation by the local authority.

 

R933-3-8. Document Responsibility.

(1) The Right of Way Section shall prepare submittals, documents and maps to the Federal Highway Administration. The deeds shall be prepared by the region. The Right of Way Division will be responsible for all plan corrections.

(2) Federal Highway Administration's approval is required if construction of the road was a federal-aid project though the right of way was nonparticipating.

 

R933-3-9. Enforcement of Access Control.

(1) Highways with limited access control should be marked by the department with public property plates on fences at sufficient intervals to clearly indicate to maintenance personnel the limits of access control.

(2) The station foreman shall be responsible for surveillance of these sections of fence as to any activity in modifying existing access openings or construction of new openings. Any modifications to an access opening shall be immediately reported to the region director. The region director shall designate personnel to contact the property owner and require the owner to repair, remove or replace any fence damaged and also remove any roadway approach material placed.

 

KEY: limited access highways

Date of Enactment or Last Substantive Amendment: September 24, 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]