Utah Admin. Code R930-6-4 - Application
(1) This rule applies to all state highways
within the Department's jurisdiction.
(2) The Department may issue a conditional
access permit and encroachment permit only when the application is found by the
Department to be in compliance with this rule. The Department is authorized to
impose terms, conditions and limitations as necessary and convenient to meet
the requirements of this rule. In no event shall a conditional access permit or
encroachment permit be issued or authorized if it is detrimental to the public
health, welfare, and safety.
(3)
This rule requires that installation or modification of access facilities to
the state highway system be made by permit from the Department. This rule
provides a description of information to be contained in the conditional access
permit and encroachment permit application, the standards against which the
application shall be measured, and the administrative relief offered by the
Department to review the balance of private property rights of reasonable
access versus the public need to preserve the smooth flow of traffic on the
state highway system. The standards, procedures, and requirements of this rule
are in addition to other county or municipal land use regulation authority and
apply to conditional access permit approvals on the state highway system. Local
authorities may adopt similar policies or procedures for application of access
management on other street systems.
(4) If any part or parts of this rule are
held to be unlawful, such unlawfulness may not affect the validity of the
remaining parts of this rule. Nothing in this rule shall be construed to
disqualify the Department from receiving federal participation on any
federal-aid highway project.
Notes
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