72-3-109 - Division of responsibility with respect to state highways in cities and towns.
72-3-109. Division of responsibility with respect to state highways in cities andtowns.
(1) Except as provided in Subsection (3), the jurisdiction and responsibility of thedepartment and the municipalities for state highways within municipalities is as follows:
(a) The department has jurisdiction over and is responsible for the construction andmaintenance of:
(i) the portion of the state highway located between the back of the curb on either side ofthe state highway; or
(ii) if there is no curb, the traveled way, its contiguous shoulders, and appurtenances.
(b) The department may widen or improve state highways within municipalities.
(c) (i) A municipality has jurisdiction over all other portions of the right-of-way and isresponsible for construction and maintenance of the right-of-way.
(ii) If a municipality grants permission for the installation of any pole, pipeline, conduit,sewer, ditch, culvert, billboard, advertising sign, or any other structure or object of any kind orcharacter within the portion of the right-of-way under its jurisdiction:
(A) the permission shall contain the condition that any installation will be removed fromthe right-of-way at the request of the municipality; and
(B) the municipality shall cause any installation to be removed at the request of thedepartment when the department finds the removal necessary:
(I) to eliminate a hazard to traffic safety;
(II) for the construction and maintenance of the state highway; or
(III) to meet the requirements of federal regulations.
(d) If it is necessary that a utility, as defined in Section 72-6-116, be relocated,reimbursement shall be made for the relocation as provided for in Section 72-6-116.
(e) (i) The department shall construct curbs, gutters, and sidewalks on the state highwaysif necessary for the proper control of traffic, driveway entrances, or drainage.
(ii) If a state highway is widened or altered and existing curbs, gutters, or sidewalks areremoved, the department shall replace the curbs, gutters, or sidewalks.
(f) The department may furnish and install street lighting systems for state highways, buttheir operation and maintenance is the responsibility of the municipality.
(g) If new storm sewer facilities are necessary in the construction and maintenance of thestate highways, the cost of the storm sewer facilities shall be borne by the state and themunicipality in a proportion mutually agreed upon between the department and the municipality.
(2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,the department shall make rules governing the location and construction of approach roads anddriveways entering the state highway. The rules shall:
(i) include criteria for the design, location, and spacing of approach roads and drivewaysbased on the functional classification of the adjacent highway, including the urban or rural natureof the area;
(ii) be consistent with the "Manual on Uniform Traffic Control Devices" and the modelaccess management policy or ordinance developed by the department under Subsection72-2-117(9);
(iii) include procedures for:
(A) the application and review of a permit for approach roads and driveways includingreview of related site plans that have been recommended according to local ordinances; and
(B) approving, modifying, denying, or appealing the modification or denial of a permitfor approach roads and driveways within 45 days of receipt of the application; and
(iv) require written justifications for modifying or denying a permit.
(b) The department may delegate the administration of the rules to the highwayauthorities of a municipality.
(c) In accordance with this section and Section 72-7-104, an approach road or drivewaymay not be constructed on a state highway without a permit issued under this section.
(3) The department has jurisdiction and control over the entire right-of-way of interstatehighways within municipalities and is responsible for the construction, maintenance, andregulation of the interstate highways within municipalities.
Amended by Chapter 382, 2008 General Session