Utah Admin. Code R930-7-13 - Deviations
(1) Deviations from provisions of this rule
may be allowed if they do not violate state and federal statutes, law, or
regulations and UDOT has determined the use of the right of way will be for the
public good without compromising the transportation purposes of the right of
way.
(2) Requests for deviations
with limited impact may be considered by UDOT on an individual basis, upon
justification submitted by the utility company. UDOT will not consider cost to
the utility company as the primary deciding factor in granting a
deviation.
(3) Requests for
significant deviations must demonstrate extreme hardship and unusual conditions
and provide justification for the deviation. Requests must demonstrate that
alternative measures can be specified and implemented and still fulfill the
intent of state and federal statute and regulations. Requests for these
deviations must include the following:
(a)
formal request by the utility company; and
(b) an evaluation of the direct and indirect
design, safety, environmental, and economic impacts associated with granting a
deviation.
(4) In order
for UDOT to grant a significant deviation the following approvals are
necessary:
(a) formal recommendation for
approval by the UDOT Region Preconstruction Engineer and Permits Officer or the
officer's supervisor, as applicable;
(b) formal recommendation for approval from
the UDOT Region Director or designee;
(c) concurrence of the UDOT Statewide
Utilities Manager; and
(d) FHWA
concurrence if the deviation applies to a utility facility located within a
Federal-aid highway right of way.
(5) For UDOT projects that are solely state
-funded, UDOT may deviate from the utility relocation regulations contained in
the Code of Federal Regulations by reimbursing a utility company for the
replacement of existing buildings with functionally equivalent buildings, if
the following requirements are met:
(a) the
utility company owns the property in fee that UDOT needs to acquire for its
project;
(b) the utility company
owns operational facilities located upon, below or above the
property;
(c) the utility company
owns a building on the property that provides maintenance services for the
utility facility;
(d) a property
purchase in accordance with 49 CFR 24 will not adequately compensate the
utility company's costs to relocate and functionally re-establish the
maintenance facility; and
(e) the
deviation promotes the public interest.
Notes
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