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.


R930. Transportation, Preconstruction.

Rule R930-2. Public Hearings.

As in effect on October 1, 2019

Table of Contents

R930-2-1. Definitions.

(1) "UDOT" means Utah Department of Transportation.

(2) "FHWA" means Federal Highway Administration.

R930-2-2. Coordination with Other Laws and Regulations.

(1) In order to promote greater public involvement in the highway program the Utah Department of Transportation will conduct public hearings or afford opportunities for public hearings on highway projects in accordance with state and federal laws. Hearing procedures contained in 23 CFR 771, 40 CFR Parts 1500-1508 and 23 USC 128, Public Hearings are herewith incorporated by reference.

(2) The provisions of R930-2 may be waived by the Executive Director of the Utah Department of Transportation or, on Federal-aid projects, the Federal Highway Administrator if it is determined that the construction of a project is urgently needed because of a national emergency, a natural disaster or a catastrophic failure.

R930-2-3. When Hearings are Held or Opportunities Afforded.

Public hearings will be held or an opportunity for public hearing afforded on all highway projects where the project is on new location; where the project would have a substantially different social, economic or environmental effect; or where the project would essentially change the layout or function of connecting roads or streets. Uniform public hearing procedures shall be established and practiced in such a manner to insure that:

(1) The public is given ample notification of each public hearing and such public hearing will be held at a time and place convenient to those concerned.

(2) All interested persons shall have an opportunity to become fully acquainted with highway proposals of concern to them and to express their views at those stages of development when flexibility to respond to those views still exists.

(3) The Utah Transportation Commission has an opportunity to consider the testimony or comments of any interested person or group having properly submitted such testimony or comments in accordance with published instructions.

R930-2-4. Types of Hearings.

The Utah Department of Transportation will hold location hearings to discuss general location alternatives and environmental documents, if any; design hearings to discuss the design details of a proposal; or combined location and design hearings. The Utah Department of Transportation may afford an opportunity for such hearings to satisfy this rule.

R930-2-5. Notice - Project Public Hearings.

On each public hearing, the UDOT Community Involvement Officer will arrange for at least two notices to be published in a daily newspaper with statewide circulation. The first notice shall be published at least two weeks prior to the public hearing. The second notice shall be published five to ten days prior to the public hearing. Additional notice may also be published in local weekly or shopper newspapers with circulation in the project area.

Notices shall contain the date, time and place of the public hearing in addition to identifying the proposed project or hearing subject in a clear and easily understood manner. Notices shall also contain information pertaining to the submission of testimony for those unable to attend the public hearing.

Affirmative consideration will be given to minorities in advertising all project public hearings, where appropriate.

R930-2-6. Hearing Conduct.

All public hearings held pursuant to this section will be conducted by a member of the Utah Transportation Commission, his representative, normally the UDOT Community Involvement Officer, or by a local official. The hearing shall be conducted impartially.

R930-2-7. Notice - Opportunities for Public Hearings.

When an Opportunity for Public Hearing is provided, the UDOT Community Involvement Officer will arrange for at least two notices to be published in newspaper(s) described in Section R930-2-5. The first notice shall provide at least fourteen days for a request for public hearing to be submitted. The second notice shall provide for at least seven days for a request for public hearing to be submitted. Notices shall identify the proposed project or subject in a clear and easily understood manner. Deadlines stated will be postmark deadlines.

Affirmative consideration will be given to minorities in advertising all project opportunities for public hearings, where appropriate.

R930-2-8. Requests for Project Public Hearings.

When an opportunity for a public hearing is advertised, any person with a social, economic or environmental interest in the project may request in writing that a public hearing be held, provided the request is received by the UDOT Community Involvement Officer in accordance with the published instructions and before the published deadline. Requests shall describe the interest of the requesting party and what the requesting party hopes to discuss or examine at the public hearing.

When questions exist concerning a request for a public hearing, the UDOT Community Involvement Officer may contact the requesting party/parties to further determine their interest in the project. If, as a result of such contact it is determined that a public hearing is not necessary, or that the requesting party might better satisfy their needs in another way, the requesting party may withdraw their request. In the event of such a withdrawal the UDOT Community Involvement Officer may cancel the hearing or proceed with the hearing if in his/her judgment the goals of the Department would be better served or the requested hearing has already been publicized.

R930-2-9. Local Government Projects.

Public Hearings conducted on local government projects must be held and conducted in accordance with R930-2.

R930-2-10. Official Public Hearing Formats.

The Utah Department of Transportation may conduct public hearings using either of two formats. One is the formal meeting format public hearing where the public gathers as an audience and the meeting is conducted by a moderator. The other format is the open forum hearing where the public is allowed to review information in an open house type setting and provisions are made to record any testimony individuals wish to give. A combination Open Forum/Formal Meeting or Formal Meeting/Open Forum hearing may also be conducted.

R930-2-11. Transcript of Official Public Hearings.

The Utah Department of Transportation will prepare and distribute a transcript of the public hearing for the consideration of the Utah Transportation Commission and other interested agencies. The transcript may include a map or drawing illustrating the proposed project, when available. When a formal hearing is held, a verbatim record of the hearing proceedings will be included. When an open forum hearing is held, a record of individual statements, if any, submitted by the attendees will be included. Also included will be petitions and written testimony pertaining to the proposed improvements submitted in accordance with the instructions published in the legal notice or submitted at the public hearing. Extensive petition signature pages or form letter mass mailings shall be preserved but need not become a part of the distributed transcript. Instructions will provide that written statements received from the time the hearing was first advertised to a postmark deadline at least ten days following the hearing will be included in the transcript. If the tenth day following the hearing falls on a Sunday or holiday an additional day shall be added.

The UDOT Community Involvement Officer may restrict written testimony to that which is 8-1/2 inches by 11 inches in size and can be reproduced on a standard photocopy machine.

R930-2-12. Other Meetings and Activities.

The Utah Department of Transportation may hold information meetings, supplemental public hearings or conduct additional community involvement activities other than those required above when the goals and objectives of this rule can be better fulfilled.

KEY

government hearings, highway hearings, public hearings

Date of Enactment or Last Substantive Amendment

1993

Notice of Continuation

November 2, 2016

Authorizing, Implemented, or Interpreted Law

72-1-201


Additional Information

Contact

For questions regarding the content or application of rules under Title R930, please contact the promulgating agency (Transportation, Preconstruction). 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.