72-5-403 - Transportation corridor preservation powers.
72-5-403. Transportation corridor preservation powers.
(1) The department, counties, and municipalities may:
(a) act in cooperation with one another and other government entities to promoteplanning for and enhance the preservation of transportation corridors and to more effectively usethe money available in the Transportation Corridor Preservation Revolving Loan Fund created inSection 72-2-117;
(b) undertake transportation corridor planning, review, and preservation processes; and
(c) acquire fee simple rights and other rights of less than fee simple, including easementand development rights, or the rights to limit development, including rights in alternativetransportation corridors, and to make these acquisitions up to a projected 30 years in advance ofusing those rights in actual transportation facility construction.
(2) In addition to the powers described under Subsection (1), counties and municipalitiesmay:
(a) limit development for transportation corridor preservation by land use regulation andby official maps; and
(b) by ordinance prescribe procedures for approving limited development intransportation corridors until the time transportation facility construction begins.
(3) (a) The department shall identify and the commission shall approve transportationcorridors as high priority transportation corridors for transportation corridor preservation.
(b) The department shall notify a county or municipality if the county or municipality hasland within its boundaries that is located within the boundaries of a high priority transportationcorridor.
(c) The department may, on a voluntary basis, acquire private property rights within theboundaries of a high priority transportation corridor for which a notification has been received inaccordance with Section 10-9a-509 or 17-27a-508.
Amended by Chapter 279, 2008 General Session