Utah Admin. Code R926-3-7 - Funding Eligibility Requirements for Class B Roads and Class C Roads

(1) Jurisdiction and Control. Roads that are eligible for class B or class C road funding shall be under the jurisdiction and control of a county or municipality. In addition, a road that is located on property under the jurisdiction and control of a federal agency is eligible for class B and C road fund expenditures if the road is:

(a) constructed or maintained by a local highway authority under an agreement with the appropriate federal agency as described in Section 72-3-103 for a class B road, or Section 72-3-104 for a class C road; or

(b) maintained by a local highway authority and meets the R.S. 2477 right-of-way requirements described in Section 72-5-302.

(2) Maintenance. Local highway authorities shall maintain roads for which they receive class B or class C road funds to a minimum standard or higher for public travel by conventional two-wheel drive passenger vehicles under normal conditions. The minimum standard shall include keeping the traveled way free from obstructions including excessive high centers, overgrowth vegetation, and washouts. Roads classified as a surface-type of "other" shall be graded as necessary to meet this requirement.

(3) Gates and Obstructions. Unlocked gates are permitted on eligible roads only if approved by the governing body for a county or a municipal road. However, a governing body may gate or obstruct a road temporarily or seasonally, and the local highway authority shall still be eligible to receive funding for the gated or obstructed road. Local highway authorities shall submit to the Department information regarding gated roads drivers shall pay a toll or fee to use for approval, so the Department can determine whether such roads qualify for class B or class C road funds. The restricted portion of roads that local highway authorities eliminate the public from using by placing a permanent obstruction, such as a locked gate, are ineligible for class B or class C funding.

(4) Restrictive Signing. A local highway authority may not use class B or class C funding for a road or portion of a road that includes signage intended to restrict public use, including:

(a) a sign that implies that the road is private or that it may be used only by authorized personnel; or

(b) a sign posted on an unlocked gate across a public road or posted on a gatepost on either side of the gate that reads "NO TRESPASSING," "PRIVATE PROPERTY," "KEEP OUT," or uses any language or symbol that implies public travel beyond that point is prohibited. These signs may be posted on fences that run parallel to a public road.

(5) Public or Municipal Park and Cemetery Roads.

A local highway authority may use class B or class C funding for roads leading to a public park or cemetery. However, a local highway authority may not use class B or class C funding for a road inside of the park or cemetery unless the road serves as a thoroughfare that carries traffic to other destinations.

(6) Addition of New Mileage.

New roads shall be accepted for maintenance by the local highway authority and open to traffic before they can be included as eligible class B or class C road mileage.

(7) Temporary Closure. Eligible roads shall always remain open to public travel.

Exceptions for construction, temporarily unsafe conditions, seasonal closure, or curfew restrictions are allowed.

(8) Funding Credit.

(1) Taking into consideration funding credits as outlined in Subsection R926-3-7(8), the Department shall allocate class B or class C road funds to local highway authorities for the eligible county and municipal roads they maintain.

(2) Subject to the following provisions, a county may claim funding credit for eligible roads that the county maintains in an adjoining county:

(a) because a county has the authority to determine which roads within its boundary are designated as class B roads, a county does not have the authority to designate a road outside its boundary as a class B road;

(b) by default, a county shall receive funding credit for eligible class B road mileage within its boundaries;

(c) a county may only receive class B funding credit for an eligible class B road or road segment it maintains in an adjoining county if the adjoining county approves; and

(d) a county retains jurisdiction and control of class B roads within its boundaries, regardless of any funding credit being received for roads by adjoining counties that maintain the roads.

(3) Subject to the approval of a municipality, a county may claim funding credit for an eligible road maintained by the county that is inside a municipality designated as a class C road by the municipality. For a road that has been designated by a county as a county road in accordance with Section 17-50-305, a county does not need municipal approval to claim funding credit for an eligible class B road that is inside a municipality.

(4) Each local highway authority shall take the necessary measures to disclose eligible centerline mileage and ensure that the mileage the local highway authority claims for funding credit does not overlap with a bordering entity claiming funds for the same mileage.

Notes

Utah Admin. Code R926-3-7

Adopted by Utah State Bulletin Number 2023-06, effective 3/10/2023