Utah Admin. Code R940-5-2 - Purpose
(1) This rule
establishes minimum guidelines for the Commission to consider when reviewing a
proposed plan to construct a highway facility over sovereign lakebed lands as
part of an application to lease sovereign land through the Division of
Forestry, Fire and State Lands of the Department of Natural Resources, as
provided in Section
65A-7-5.
(2) When considering a proposal to construct
a highway facility over sovereign lakebed lands, the Commission must safeguard
the public interest by thoroughly evaluating the financial viability of the
project to ensure:
(a) the project can be
constructed and completed as proposed;
(b) the project can be completed within the
proposed time frame;
(c) the
long-term viability and operability of the project by the proposer;
and
(d) the facility meets current
engineering standards for safety, design, construction, operation, and
maintenance.
(3)
Commission approval of a plan to construct a highway facility over sovereign
lakebed lands does not constitute approval of an application to lease state
lands by the Division of Forestry, Fire and State Lands as provided under
Section 65A-7-5. Issuance of surface leases of state lands is determined
separately under a process determined by the Division of Forestry, Fire and
State Lands as provided under state law and administrative rule.
Notes
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