DAR File No. 38054
This rule was published in the November 1, 2013, issue (Vol. 2013, No. 21) of the Utah State Bulletin.
Transportation, Preconstruction, Right-of-Way Acquisition
Relocation or Modification of Existing Authorized Access Openings or Granting New Access Openings on Limited Access Highways
Notice of Proposed Rule
DAR File No.: 38054
Filed: 10/10/2013 08:56:43 AM
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This rule is being repealed because its provisions will be incorporated into the proposed repeal and reenactment of Rule R930-6, Access Management.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This rule is being repealed in its entirety and its provisions added to Rule R930-6.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.
There is no anticipated cost or savings to local government because the provisions of this rule are being moved to Rule R930-6.
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 email@example.com
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:
This rule may become effective on:
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
The provisions of this rule are authorized by grants for
rulemaking authority Utah Code Ann. Sections 72-1-201 and
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
Limited-access facility shall be defined as in Section
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
(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
(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
(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
(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
(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
(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
(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
Notice of Continuation: November 14, 2011
Authorizing, and Implemented or Interpreted Law: 72-1-102;
72-1-201; 27-12-114; 72-7-102]
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For questions regarding the content or application of this rule, please contact Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at firstname.lastname@example.org.