Utah Admin. Code R930-7-1 - Purpose
(1) The purpose of this rule is to:
(a) maximize public safety;
(b) provide for efficient and public transit
facility highway operations and maintenance of roadways and right of
ways:
(c) maximize aesthetic
quality;
(d) minimize future
conflicts between the transportation system and utility companies serving the
public; and
(e) ensure that use and
occupancy by utility companies do not impair or increase the cost of department
projects or interfere with any right of way reserved for these
purposes.
(2) This rule
prescribes conditions under which utility facilities may be accommodated within
the right of way and sets forth the state's regulations covering the placement
and relocation of utility facilities in conflict with the construction and
maintenance of highways or public transit facilities. This rule applies to any
and every facility, utility, or other structure located in the right of way not
owned by the department or this state.
(3) This rule should be interpreted to
achieve maximum lawful public use of the right of way for transportation
purposes and to ensure that utility installations and operations affecting
state right of way are accomplished in accordance with state and federal laws
and regulations. It is in the public interest for utility facilities to be
accommodated within rights of way when the accommodation does not adversely
affect public safety, the integrity of highway and public transportation
features, or occupy space within the right of way that conflicts with current
or future transportation purposes or uses. The permitted use and occupancy of
the right of way for non-transportation purposes, such as utilities, is
subordinate to the primary and highest interest for transportation and safety
of the traveling public. Utility facilities may be required to relocate outside
of the right of way to accommodate UDOT's projects.
(4) This rule is provided to facilitate the
establishment of consistent expectations and effective working relationships
between UDOT and utility companies through continuous communication,
coordination, and cooperation.
(5)
Through the Code of Federal Regulations (23 CFR Section
645.215(a)), the U.S.
Department of Transportation requires each state to submit a statement to the
Federal Highway Administration (FHWA) on the authority of utility companies to
use and occupy the right of way of state highways, the state highway agency's
power to regulate the use, and the policies the state uses or proposes to use
for accommodating utilities within the right of way of Federal-aid highways
under its jurisdiction. This rule demonstrates compliance to FHWA.
Notes
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No prior version found.