S.B. 66

1

STATEWIDE HIGHWAY CRITERIA
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David H. Steele
5 AN ACT RELATING TO TRANSPORTATION; AMENDING PROVISIONS FOR THE
6 DESIGNATION OF STATE HIGHWAYS S ; h [ [ ] AMENDING OUTDOOR ADVERTISING
6a1 PROVISIONS ; [ ] ] h
6a S AND PROVIDING AN EFFECTIVE DATE s .
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 72-1-303, as renumbered and amended by Chapter 270, Laws of Utah 1998
10 72-4-102, as renumbered and amended by Chapter 270, Laws of Utah 1998
10a h [[] S 72-7-513, as renumbered and amended by Chapter 270, Laws of Utah 1998 s []] h
11 ENACTS:
12 72-4-102.5, Utah Code Annotated 1953
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 72-1-303 is amended to read:
15 72-1-303. Duties of commission.
16 The commission has the following duties:
17 (1) determining priorities and funding levels of projects in the state transportation systems
18 for each fiscal year based on project lists compiled by the department;
19 (2) determining additions and deletions to state highways under Chapter 4, Designation
20 of State Highways;
21 (3) holding public hearings and otherwise providing for public input in transportation
22 matters;
23 (4) making policies and rules in accordance with Title 63, Chapter 46a, Utah
24 Administrative Rulemaking Act, necessary to perform the commission's duties described under
25 this section [and Section 72-4-102 ];
26 (5) in accordance with Section 63-46b-12 , reviewing orders issued by the executive
27 director in adjudicative proceedings held in accordance with Title 63, Chapter 46b, Administrative

28 Procedures Act; and
29 (6) advising the department in state transportation systems policy.
30 Section 2. Section 72-4-102 is amended to read:
31 72-4-102. Additions to or deletions from state highway system -- Designation of
32 highways as state highways between sessions.
33 (1) (a) [At each general session of the Legislature, the] The Legislature may add to or
34 delete highways or sections of highways from the state highway system.
35 (b) The department shall annually submit to the Legislature a list of highways or sections
36 of highways the commission recommends for addition to or deletion from the state highway
37 system.
38 (c) [(i)] All recommendations shall be based on [minimum qualifying standards
39 established by the commission] the criteria for state highways under Section 72-4-102.5 .
40 [(ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
41 commission shall make rules to establish the minimum qualifying standards for highways to be
42 included on the state highway system.]
43 (2) Between general sessions of the Legislature, highways may be designated as state
44 highways or deleted from the state highway system if:
45 (a) approved by the commission in accordance with the [standards made] criteria for state
46 highways under [Subsection (1); and] Section 72-4-102.5 ;
47 (b) a deletion is agreed upon by all highway authorities involved in the transfer; and
48 [(b)] (c) the highways are included in the list of recommendations submitted to the
49 Legislature in the next year for legislative approval or disapproval.
49a S (3) ALL HIGHWAY AUTHORITIES INVOLVED IN A HIGHWAY TRANSFER UNDER THIS
49b SECTION SHALL CONSIDER AVAILABLE HIGHWAY FINANCING LEVELS AND OPERATIONAL
49c ABILITIES FOR THE MAINTENANCE AND CONSTRUCTION OF A TRANSFERRED HIGHWAY.
49d (4)(a) THE LIST OF RECOMMENDATIONS UNDER THIS SECTION SHALL BE SUBMITTED TO THE
49e TRANSPORTATION INTERIM COMMITTEE OF THE LEGISLATURE ON OR BEFORE NOVEMBER 1 OF
49f EACH YEAR.
49g (b) THE RECOMMENDATIONS SHALL INCLUDE:
49h (i) ANY FISCAL AND FUNDING RECOMMENDATIONS OF EACH HIGHWAY AUTHORITY
49i INVOLVED IN THE TRANSFER OF A HIGHWAY OR SECTION OF A HIGHWAY; AND
49j (ii) A COST ESTIMATE, FISCAL ANALYSIS, AND FUNDING RECOMMENDATION , OR RECOMMENDATION FOR FURTHER STUDY FROM THE OFFICE OF THE LEGISLATIVE
49k FISCAL ANALYST. s

50 Section 3. Section 72-4-102.5 is enacted to read:
51 72-4-102.5. Rulemaking -- Criteria for state highways.
52 (1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
53 department shall make rules establishing and defining a functional classification of roadways for
54 the purpose of implementing this section. The definitions shall provide for a separate functional
55 classification system for urban and rural highways recognizing the unique differences in the
56 character of services provided by urban and rural highways.
57 (2) A state highway shall:
58 (a) serve a statewide purpose by accommodating interstate movement of traffic or

59 inter-region movement within the state;
60 (b) primarily move higher traffic volumes over longer distances than highways under local
61 jurisdiction;
62 (c) connect major population centers;
63 (d) be spaced so that all developed areas in the state are within a reasonable distance of
64 a state highway and be spaced so that duplicative state routes are avoided;
65 (e) provide state highway system continuity and efficiency of state highway system
66 operation and maintenance activities;
67 (f) provide access to property as a secondary function; and
68 (g) exclude parking lots, driving ranges, and campus roads.
69 (3) A rural state highway shall:
70 (a) include all interstate routes, all highways on the National Highway System as
71 designated by the Federal Highway Administration, all U.S. designated routes, and all minor
72 arterial highways;
73 (b) include a major collector highway that:
74 (i) serves a county seat;
75 (ii) serves a municipality with a population of 1,000 or more;
76 (iii) serves a major industrial, commercial, or recreation areas that generate traffic volumes
77 equivalent to a population of 1,000 or more;
78 (iv) provides continuity for the state highway system by providing major connections
79 between other state highways;
80 (v) provides service between two or more counties; or
81 (vi) serves a compelling statewide public safety interest.
82 (4) An urban state highway shall:
83 (a) include all interstate routes, all expressways, all highways on the National Highway
84 System as designated by the Federal Highway Administration, and all principal arterial highways;
85 and
86 (b) include a minor arterial highway that:
87 (i) provides continuity for the state highway system by providing major connections
88 between other state highways; or
89 (ii) is a route that is expected to be a principal arterial highway within ten years.

90 (5) For tourist areas, a state highway:
91 (a) shall serve a national park or a national recreational area;
92 (b) shall serve a national monument with visitation greater than 100,000 per year;
93 (c) may serve a state park with visitation greater than 100,000 per year; or
94 (d) may serve a recreation site with visitation greater than 100,000 per year.
94a h [[] S Section 4. Section 72-7-513 is amended to read:
94b 72-7-513. Relocation on state highways.
94c (1) AS USED IN THIS SECTION, "STATE HIGHWAY" MEANS THOSE HIGHWAYS DESIGNATED
94d AS STATE HIGHWAYS IN TITLE 72, CHAPTER 4, DESIGNATION OF STATE HIGHWAYS, ON JULY 1,
94e 1999, AND ANY SUBSEQUENTLY DESIGNATED STATE HIGHWAY.
94f [(1)] (2) If any outdoor advertising use or structure may not be continued because of the
94g widening, construction, or reconstruction along a state highway, the owner shall have the option to
94h relocate and remodel the use or structure to another location:
94i (a) on the same property;
94j (b) on adjacent property;
94k (c) within 2640 feet of the previous location on either side of the same highway; or
94l (d) mutually agreed upon by the owner and the county or municipality in which the use,
94m structure, or permit is located.
94n [(2)] (3) The relocation under Subsection [(1)] (2) shall be in a commercial or industrial zoned
94o area or where outdoor advertising is permitted under this part.
94p [(3)] (4) The county or municipality in which the use or structure is located shall, if necessary,
94q provide for the relocation and remodeling by ordinance for a special exception to its zoning
94r ordinance.
94s [(4)] (5) The relocated and remodeled use or structure may be:
94t (a) erected to a height and angle to make it clearly visible to traffic on the main-traveled way of
94u the highway to which it is relocated or remodeled;
94v (b) the same size and at least the same height as the previous use or structure, but the
94w relocated use or structure may not exceed the size and height permitted under this part;
94x (c) relocated to a comparable vehicular traffic count.
94y [(5)] (6) (a) The governmental entity, quasi-governmental entity, or public utility that causes
94z the need for the outdoor advertising relocation or remodeling as provided in Subsection [(1)] (2) shall
94aa pay the costs related to the relocation, remodeling, or acquisition.
94ab (b) If a governmental entity prohibits the relocation and remodeling as provided in Subsection
94ac [(1)] (2)(a), (b), or (c), it shall pay just compensation as provided in Subsection 72-7-510(3). [ ] ] h
94ad Section h [ [ ] 5 [ ] ] [ 4 ] h . Effective date.
94ae THIS ACT TAKES EFFECT ON JULY 1, 1999. s




Legislative Review Note
as of 11-18-98 3:40 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Transportation Interim Committee recommended this bill.