Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R926. Transportation, Program Development.

Rule R926-2. Evaluation of Proposed Additions to or Deletions from the State Highway System.

As in effect on October 1, 2019

Table of Contents

R926-2-1. Authority.

This rule establishes the procedure by which highways shall be considered for the addition to or deletion from the state highway system as required by Utah Code Ann. Section 72-4-102.

R926-2-2. Purpose.

Using the criteria for state highways as provided in Section 72-4-102.5, the department will determine whether to recommend the addition of or deletion from the state highway system a roadway or segment of roadway. The purpose of this rule is to establish the following:

(1) A process for a highway authority to propose additions to or deletions from the state highway system, and

(2) A procedure for evaluating requested additions to or deletions from the state highway system.

R926-2-3. Definitions.

(1) "Commission" means the Utah Transportation Commission;

(2) "Department" means the Utah Department of Transportation;

(3) "Local Highway Authority" means the local political subdivision, such as town, city or county responsible for the highway system in that jurisdiction;

(4) "Transfer" means the process of adding or deleting a segment of roadway from one government's highway system to or from another government's highway system;

R926-2-4. Notifications.

The following notifications shall be made regarding the Transfer of highways.

(1) The Department will notify the local highway authorities of its intent to collect proposed changes to the state system annually.

(2) The Department will ensure an affected local highway authority is notified of any transfer under consideration by the Commission at an open public meeting.

(3) As provided in 72-4-102(4)(a), the Commission or the Department shall, no later than November 1 of each year, notify and provide to the Transportation Interim Committee of the Legislature:

(a) a list of the highways recommended for Transfer;

(b) a list of potential Transfers that are currently under consideration; and

(c) a list of Transfers that were proposed but not agreed to by the Department or Local Highway Authority.

R926-2-5. Procedure for Requesting an Addition to or a Deletion from the State Highway System.

A request for the addition to or deletion of a highway from the state highway system shall be made by the Local Highway Authority currently responsible for the highway, a member of the Utah Transportation Commission or the Utah Department of Transportation. The request shall be conveyed to the Utah Department of Transportation and will be directed to the region director responsible for the area where the highway is primarily located.

R926-2-6. Procedure for Evaluating Proposed Changes to the State System.

The procedure for evaluating proposed changes to the state highway system is as follows:

(1) The Region Director shall:

(a) notify all impacted local government agencies of the proposed change;

(b) make a preliminary review of the proposed change that may include but not be limited to:

(i) determine of what, if any funding will accompany the road Transfer;

(ii) determine of what, if any, physical improvements may be necessary on the roadway before the Transfer is completed;

(iii) secure a written statement from the Local Highway Authority regarding the proposed Transfer;

(iv) make a judgment as to which highway authority has the best operational abilities for maintenance and construction activities on the proposed route; and

(v) determine if the highway continuity and the efficiency of state highway system operation and maintenance activities is impacted by the proposed change.

(c) forward the proposed Transfer along with the results of the preliminary review to the Program DevelopmentDirector; and

(d) present and discuss potential road Transfers at the regularly scheduled monthly Transportation Commission meetings.

(2) The Program Development Director shall review the request from the region director and shall:

(a) determine if the proposed Transfer meets the criteria in Utah Code Section 72-4-102.5 to qualify for inclusion on the state highway system and is consistent with statewide practice;

(b) with the Director of Program Financing, identify the source of funds, if any, proposed to accompany the Transfer; and

(c) shall present the evaluation to the Commission with a recommendation whether the route qualifies for inclusion on the state highway system and any proposed funding considerations;

(3) The Commission shall review the recommendation and shall:

(a) consider the proposed Transfer at a public meeting where the affected local officials are invited to discuss and comment on the proposed change;

(b) discuss any funding considerations and the circumstances under which the proposed Transfer will take place;

(c) take into account any other factors considered appropriate in consultation with the Department and Local Highway Authority impacted;

(d) approve or reject the proposed change in the state highway system;

(e) if it approves the Transfer, make the required changes to the state highway system by resolution; and

(f) report to the Transportation Interim Committee of the Legislature as detailed in Subsection 926-2-4(3).

(4) The Commission may continue to process proposed Transfers that are currently under consideration by using the same notification and evaluation criteria as presented in this rule.

(5) As provided in 72-4-102, the State Legislature must approve additions to or deletions from the state highway system.

KEY

transportation planning, highway planning, highways, transportation

Date of Enactment or Last Substantive Amendment

June 30, 2017

Notice of Continuation

September 8, 2016

Authorizing, Implemented, or Interpreted Law

72-4-102.5


Additional Information

Contact

For questions regarding the content or application of rules under Title R926, please contact the promulgating agency (Transportation, Program Development). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.