DAR File No. 42392

Transportation, Operations, Maintenance

Rule R918-6

Maintenance Responsibility at Intersections, Overcrossings, and Interchanges between Class A Roads and Class B or Class C Roads

Notice of Proposed Rule

(Amendment)

DAR File No.: 42392
Filed: 12/15/2017 01:43:47 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule was established in 2012 in cooperation with the Joint Highway Committee, to define which elements of standard maintenance operations are to be performed by the Utah Department of Transportation (UDOT), and which are to be performed by local governments, at locations where state roads intersect with county and municipal roads. While conducting a five-year review of this rule, UDOT Maintenance sought input regarding suggestions for changes from both the UDOT Maintenance community (via the District Engineers) and the local government community (via the Joint Highway Committee). Comments and suggestions were received from UDOT District Engineers, but none were offered by the local government community. Comments were also offered by the Department's Technical Committee at its 07/112017 meeting. This amendment reflects those comments.

Summary of the rule or change:

The changes to be proposed include: 1) rearranging the defined terms into alphabetical order (nonsubstantive); 2) clarifying that when UDOT has the responsibility to replace a knocked down STOP or YIELD sign, UDOT has the option to replace the sign with a temporary installation rather than a permanent installation; 3) regarding bridge deck and parapet maintenance where a local road crosses over a state road, adding a requirement that the local government maintain records of preventive maintenance work performed, and submit those records to UDOT Structures Division, or risk incurring financial responsibility for subsequent structural repairs if the preventive maintenance was neglected; 4) at the request of the UDOT, clarifying that local government responsibility for STOP and YIELD sign maintenance also includes fading (loss of retroreflectivity); 5) at the request of UDOT, adding a subsection in Section R918-6-2 to describe the process of bridge inspections, including distributing bridge inspection reports to the entity responsible for maintenance; and 6) making technical edits to reduce word count and correcting grammatical errors.

Statutory or constitutional authorization for this rule:

• Section 72-3-102
• Section 72-1-201
• Section 72-3-104
• Section 72-3-103
• Section 72-1-208
• Section 72-3-109
• Section 72-6-105

Anticipated cost or savings to:

the state budget:

UDOT anticipates that this amendment may lead to aggregate savings to the state's budget. The purpose of the amendment is to clarify when local governments are responsible for covering costs of performing preventative maintenance and making repairs to roads that are under the jurisdiction of the local governments pursuant to the requirements of the Transportation Code. Should local governments do more to comply with their responsibilities for maintaining and repairing roads under their jurisdiction as a result of these amendments, the result will be savings to the state's budget. However, such savings are speculative and impossible to quantify accurately at this time.

local governments:

UDOT anticipates that these amendments may lead to additional aggregate costs to local governments. The purpose of the amendment is to clarify when local governments are responsible for covering costs of performing preventative maintenance and making repairs to roads that are under the jurisdiction of the local governments pursuant to the requirements of the Transportation Code. Should local governments do more to comply with their responsibilities for maintaining and repairing roads under their jurisdiction as a result of these amendments, the result will be additional costs to the budgets of the local governments. However, such costs are speculative and impossible to quantify accurately.

small businesses:

UDOT does not anticipate that these amendments will lead to any aggregate costs or savings to small business. The changes these amendments make are all intergovernmental and should not result in a fiscal impact on businesses, large or small.

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

UDOT does not anticipate that these amendments will lead to any aggregate costs or savings to other persons other than small businesses, businesses, or local government entities. The changes these amendments make are all intergovernmental and should not result in a fiscal impact on any private persons.

Compliance costs for affected persons:

UDOT anticipates that state and local governments are the only entities that will be impacted by these amendments, and governments are generally not considered to be persons. Therefore, UDOT does not anticipate that there will be any persons affected by this amendment.

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

These amendments should not have a fiscal impact on businesses.

Carlos Braceras, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• 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]
• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at [email protected]
• Linda Hull at the above address, by phone at 801-965-4253, by FAX at , 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:

01/31/2018

This rule may become effective on:

02/07/2018

Authorized by:

Carlos Braceras, Executive Director

R918. Transportation, Operations, Maintenance.

R918-6. Maintenance Responsibility at Intersections, Overcrossings, and Interchanges between Class A Roads and Class B or Class C Roads.

R918-6-1. Authority.

Section 72-1-201 assigns to the Utah Department of Transportation general responsibility for the maintenance of the state transportation system, and directs the department to make policy and rules governing the same, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. Sections 72-3-102, 72-3-103, and 72-3-104 assign maintenance responsibility for Class A Roads (state roads), Class B Roads (county roads), and Class C Roads (city streets), to the state, counties, and municipalities, respectively. Section 72-1-208 directs the department to cooperate with counties and municipalities in the maintenance of highways and allows the department to provide maintenance services to them under terms mutually agreed upon. Section 72-3-109 delineates the division of responsibilities for state highways within cities and towns. Section 72-6-105 provides that the department may enter into written agreements with counties and municipalities for the maintenance of any highway.

 

R918-6-2. Purpose and Background.

(1) The purpose of this rule is to assign maintenance responsibility between the department and the local government entity for roadway and roadside features at the intersection of state and local roads, including grade-separated interchanges, overcrossings, undercrossings, and at-grade intersections.

(2) In general, the department is responsible for the maintenance of all state roads, including roadside features associated with those roads, except as otherwise delineated in state law. Likewise, county and municipal governments are responsible for roads under their jurisdiction.

(3) In the case of bridges, the department is responsible for the maintenance of bridges on the state highway system, and county and municipal governments are responsible for maintenance of bridges on their respective road systems. UDOT is responsible for, and carries out, inspections on all highway bridges located on public roads, both on the state highway system and on the local road system, on a schedule that results in an inspection for each bridge every two years. Prior to a scheduled inspection, local government will be notified and invited to attend the inspection. Subsequent to each inspection, UDOT supplies a bridge inspection summary to the entity responsible for maintenance of the bridge (UDOT maintenance shed in the case of bridges on the state highway system, or the local government in the case of bridges on the local road system), which describes recommended preventive and rehabilitative bridge maintenance actions, and which, in the case of bridges carrying a local road over a state highway, indicates which maintenance and preventive actions are the responsibility of the local government. The responsible jurisdiction is then expected to perform the actions recommended in the bridge inspection summary, in order to keep the bridge in a state of good repair.

(4) Where state roads intersect with roads under local jurisdiction, either at grade or at a grade separation, confusion sometimes arises regarding the maintenance responsibility for specific features at those locations. This rule is intended to clarify which jurisdiction has responsibility for which elements at those locations, and to address the large majority of such situations. Sometimes, however, unusual circumstances or geometry may render a logical division of responsibilities difficult. In those cases, formal agreements between the parties involved are appropriate and encouraged. The language in this rule was developed to encourage consistency regarding maintenance responsibilities between the department and local government. It is recognized the traveling public may benefit in some cases from deviations from the guidelines set forth in this rule to meet the capabilities and skills available individually at the department's maintenance sheds and/or local road departments. In such cases, Region Directors of the department and local officials should together evaluate the guidelines and deviate from them as necessary and as mutually agreed upon, to meet the needs of a specific situation. Open and frequent communication supported by a written agreement is strongly encouraged.

 

R918-6-3. Definitions.

For the purpose of this rule, the following definitions apply[.]:

(1) "At-grade intersection" means a surface street intersection that may be signalized or unsignalized, where one or more of the intersecting streets are state routes;

(2) "Department", or "UDOT", means the Utah Department of Transportation;

(3) "Full control of access", means access to adjoining land that is designated as no access or limited access by means of the right-of-way instrument;

(4) "Grade-separated interchange" means an intersection where the state road or interstate highway and the local road are separated from each other by one or more structures, and where access between the two roads is provided by means of entrance and exit ramps;

(5) "Local road" means any road under the jurisdiction of any public entity other than UDOT. The entity may be a county, a municipality, or an agency of the federal government[.];

([2]6) "Overcrossing" means a grade-separated intersection where no access between the intersecting roadways is provided, and where the state road or interstate highway crosses over the local road[.];

([3]7) "Undercrossing" means a grade-separated intersection where no access between the intersecting roadways is provided, and where the state road or interstate highway crosses under the local road.[

(4) "Grade-separated interchange" means an intersection where the state road or interstate highway and the local road are separated from each other by one or more structures, and where access between the two roads is provided by means of entrance and exit ramps.

(5) "At-grade intersection" means a surface street intersection that may be signalized or unsignalized, where one or more of the intersecting streets are state routes;

(6) "Department", or "UDOT", means the Utah Department of Transportation.

(7) "Full control of access", means access to adjoining land that is designated as no access or limited access by means of the right-of-way instrument.]

 

R918-6-4. General Maintenance Responsibilities.

(1) Signal Systems. Maintenance responsibility for all signal systems on state roads, and components that are required for the functionality of those systems, belongs to UDOT. This includes detection and signing on the local legs of the intersection.

(2) Park Strips, Sidewalks, and Pedestrian Ramps. Maintenance responsibility for park strips and sidewalks, including that portion of pedestrian access ramps behind the curb, belongs to the local government. Replacement and upgrading as part of road improvement projects may be done by UDOT.

(3) Curb and Gutter. Maintenance responsibility for curb and gutter belongs to UDOT for state routes, and to the local government for local routes. UDOT responsibility on the local leg extends to the point of tangency of the curb radius.

(4) Snow Removal. Responsibility for snow removal from the roadway belongs to UDOT for state routes, and to the local government for local routes. UDOT is responsible for snow removal on ramps at interchanges on state routes.

(5) Pavement Maintenance. Responsibility for roadway pavement maintenance belongs to UDOT for state routes, and to the local government for local routes. This includes the pavement surface on or under bridges. For at-grade intersections, UDOT is responsible for pavement maintenance through the intersection, bounded by a line extending to the point of tangency of the edge of oil, or of the curb return if a curb exists, on the local leg. If the geometry of the approach is unusual, such as angled instead of rounded, UDOT responsibility shall extend to a point agreeable to both parties. In no case, however, shall UDOT responsibility extend beyond the right-of-way line. UDOT is responsible for pavement maintenance on ramps at interchanges on state routes.

(6) Traffic Islands. Responsibility for traffic islands belongs to UDOT for state routes, and to the local government for local routes. For at-grade intersections, UDOT is responsible for island maintenance through the intersection. Maintenance responsibility for any landscaping within traffic islands is described in R918-6-4(15).

(7) Pavement Striping and Messages. Responsibility for pavement striping and marking belongs to UDOT for state routes, and to the local government for local routes. Local jurisdiction responsibility includes stop bars and crosswalks on the local legs of unsignalized intersections. At signalized intersections, UDOT is responsible for stop bars and crosswalks on all legs, and the local government is responsible for lane lines and other markings or messages on the local legs.

(8) Highway Lighting. Responsibility for maintenance, including payment of power bills, repairs and replacement when necessary, of highway lighting is divided as follows.

(a) UDOT is responsible for:

(i) mainline interstate, interchange, and interstate underpass lighting;

(ii) cross street underpass lighting at interchanges with on/off ramps;

(iii) sign lighting on state routes or along the interstate corridor;

(iv) traffic signals on state routes or interstate corridor off ramps;

(v) [un-signalized]unsignalized intersection lighting at on or off ramp intersecting cross street; and

(vi) signal-attached lighting at non-traditional signalized intersections, such as Diverging Diamond Interchanges (DDI), and Single Point Urban Interchanges (SPUI).

(b) Local government is responsible for:

(i) street lighting along state routes, other than interstate;

(ii) non-interstate cross street underpass lighting where no interchange on or off ramps occur;

(iii) all decorative lighting requested by the municipality or county including street, bridge, and underpass lighting; and

(iv) lighting at traditional signalized intersections along state routes.

(9) Signs. Responsibility for signs belongs to UDOT for signs facing traffic on state routes, and to the local government for signs facing traffic on local routes, with the exception that UDOT is responsible for traffic control, route marker, junction, and guide signs associated with a state route but facing traffic on a local route. For STOP and YIELD signs on the local legs of unsignalized intersections, the local government is responsible for initial installation[ and], non-safety critical maintenance such as minor vandalism, graffiti, or leaning, and coordination with UDOT to identify and correct fading (loss of retroreflectivity), and UDOT is responsible for safety critical maintenance such as replacement of knock-downs. At signalized intersections, UDOT is responsible for signs mounted on the signal mast arm. UDOT will coordinate the installation of signs on local routes with the local agency prior to sign installation. The local government is responsible for street name signs, except those mounted on signal mast arms.

(10) Crash Cushions, Barrier, Etc. Responsibility for crash cushions, barrier, guardrail, and end treatments, belongs to UDOT for those elements protecting traffic on state routes, and to the local government for those protecting traffic on local routes.

(11) Sweeping. Responsibility for roadway sweeping belongs to UDOT for state routes, and to the local government for local routes. UDOT is responsible for sweeping on ramps at interchanges.

(12) Graffiti. Graffiti removal from structures is the responsibility of the entity having the best access to the graffiti. In general, that is the entity having jurisdiction of the road underneath the structure.

(13) Cattle Guards. UDOT provides cattle guards within the rural area of the State at all freeway access points to fully controlled access highways, either on the cross road or the entrance ramps, as necessary to meet the requirements of the particular location. Responsibility for maintenance of these cattle guards belongs to UDOT. Where cattle guards exist along partially controlled access state roads, either across a local road or a private road, responsibility for maintenance of the cattle guard belongs to the local jurisdiction or to the private property owner.

(14) Weed Control. In accordance with Section 72-3-109, responsibility for weed control and mowing behind the curb or beyond the shoulder at at-grade intersections, both signalized and unsignalized, belongs to the local government. On facilities with full control of access, UDOT will be responsible for weed control and mowing to a point that ensures adequate sight distance.

(15) Decorative Landscaping. Responsibility for maintenance of landscaping beyond the baseline described in UDOT Aesthetics Guidelines, including irrigation systems, belongs to the local jurisdiction.

(16) Drainage Facilities such as catch basins, culverts, etc. In general, storm drain systems and culverts will be maintained by the owner of the drainage facility, unless otherwise stipulated in a cooperative agreement. Catch basins and their connector pipes at intersections will be maintained by the entity having jurisdiction for the road.

 

R918-6-5. Maintenance Responsibility at Overcrossings and at Interchanges where the State Route Crosses Over the Local Route.

(1) UDOT is responsible for:

(a) maintenance, repairs, and replacement of all structure elements, including decks, parapets, bent caps, beams, columns, footings, abutments, approach slabs, and slope protection;

(b) maintenance of drains on the structure;

(c) maintenance of retaining walls;

(d) fence maintenance on the structure and its approaches and ramps; and

(e) vegetation control, including mowing, along the state route, as demarcated by access control or Right-of-Way fencing.

(2) The local jurisdiction is responsible for:

(a) maintenance of drainage under the structure;

(b) vegetation control, including mowing, along the local route, as demarcated by access control or Right-of-Way fencing; and

(c) maintenance of decorative landscaping beyond the UDOT Aesthetics Guideline baseline, as described in R918-6-4(15).

(3) If the local entity proposes a pavement treatment that would decrease vertical or horizontal clearance under the structure to less than the current standard, or that would potentially compromise the integrity of substructure elements, such work shall be done in consultation with UDOT.

 

R918-6-6. Maintenance Responsibility at Undercrossings and at Interchanges where the State Route Crosses Under the Local Route.

(1) UDOT is responsible for:

(a) [major structure maintenance]Providing a bridge inspection summary for all structures to the local entity, indicating which recommended actions are the responsibility of the local entity;

(b) major structure rehabilitation, including repair or replacement of parapets, bent caps, beams, columns, footings, abutments, approach slabs, and slope protection;

([b]c) deck [maintenance]rehabilitation where necessary to preserve the structural integrity of the bridge such as where the rebar is exposed;

([c]d) structural replacement of bridge joints;

(e) maintenance of retaining walls;

([d]f) maintenance of drainage under the structure;

([e]g) vegetation control, including mowing, along the state route, as demarcated by access control or Right-of-Way fencing; and

([f]h) fence maintenance under the structure.

(2) The local jurisdiction is responsible for:

(a) [minor deck and parapet maintenance which includes maintenance of the wearing surface down to the first mat of reinforcing steel, and of any bituminous surfacing above that.]routine maintenance and preventive maintenance actions indicated in the bridge inspection summary to be the responsibility of the local entity. This maintenance [should]normally include s [preventive sealing as well as repair of spalls and delaminations]deck overlay/seal treatments, deck pothole patching, parapet surface repair and sealing, bridge joint cleaning and sealing, and drain cleaning and maintenance. If UDOT performs a deck rehabilitation project involving pothole patching [, waterproofing membrane and asphalt overlay]and an overlay system, [the responsibility to maintain the asphalt wearing surface would also default to ]the local owner is responsible to maintain the overlay upon completion of the initial installation. If the local entity proposes a deck treatment that would add static load to the structure, such work shall be done in consultation with UDOT;

(b) [maintenance of drains on the structure]submitting records to UDOT Structures Division of deck and parapet maintenance work performed by the local jurisdiction according to the recommendations in the bridge inspection summary. If the local jurisdiction does not perform the preventive maintenance work, and rehabilitation work becomes necessary, the local jurisdiction and UDOT will meet to negotiate how the cost of the rehabilitation work to be performed will be shared;

(c) fence maintenance on the structure and its approaches;

(d) vegetation control, including mowing, along the local route, as demarcated by access control or Right-of-Way fencing; and

(e) maintenance of decorative landscaping beyond the UDOT Aesthetics Guideline baseline, as described in R918-6-4(15).

 

KEY: maintenance, intersections, interchanges, structures

Date of Enactment or Last Substantive Amendment: [August 20, 2012]2018

Notice of Continuation: July 19, 2017

Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-208; 72-3-102; 72-3-103; 72-3-104; 72-3-109; 72-6-105.