Title 72
Chapter 7
Part 1
Section 102
| Index | Utah Code |
| Title 72 | Transportation Code |
| Chapter 7 | Protection of Highways Act |
| Part 1 | Protection of Rights-Of-Way |
| Section 102 | Excavations, structures, or objects prohibited within right-of-way except in accordance with law -- Permit and fee requirements -- Rulemaking -- Penalty for violation.
(Effective 5/3/2023)
|
Effective 5/3/2023
72-7-102.
Excavations, structures, or objects prohibited within right-of-way except in accordance with law -- Permit and fee requirements -- Rulemaking -- Penalty for violation.
| (1) |
As used in this section, "management costs" means the reasonable, direct, and actual costs a highway authority incurs in exercising authority over the highways under the highway authority's jurisdiction. |
| (2) |
Except as provided in Subsection (3) and Section 72-17-202, a person may not:
| (a) |
dig or excavate, within the right-of-way of any state highway, county road, or city street; or |
| (b) |
place, construct, or maintain any approach road, driveway, pole, pipeline, conduit, sewer, ditch, culvert, billboard, advertising sign, or any other structure or object of any kind or character within the right-of-way. |
|
| (3) |
| (a) |
| (i) |
A highway authority having jurisdiction over the right-of-way may allow excavating, installation of utilities and other facilities or access under rules made by the highway authority and in compliance with federal, state, and local law as applicable. |
| (ii) |
Notwithstanding Subsection (3)(a)(i), a highway authority may not allow excavating, installation of utilities and other facilities, or access to any portion of a state highway, including portions thereof within a municipality, without the prior written approval of the department. The department may, by written agreement with a municipality, waive the requirement of its approval for certain types and categories of excavations, installations, and access. |
|
| (b) |
| (i) |
The rules may require a permit for any excavation or installation and may require a surety bond or other security. |
| (ii) |
The application for a permit for excavation or installation on a state highway shall be accompanied by a fee established under Subsection (4)(f). |
| (iii) |
The permit may be revoked and the surety bond or other security may be forfeited for cause. |
| (iv) |
Any portion of the right-of-way disturbed by a project permitted under this section shall be repaired using construction standards established by the highway authority with jurisdiction over the disturbed portion of the right-of-way. |
|
| (c) |
| (i) |
For a portion of a state highway right-of-way for which a municipality has jurisdiction, and upon request of the municipality, the department shall grant permission for the municipality to issue permits within the state highway right-of-way, provided that:
| (A) |
the municipality gives the department seven calendar days to review and provide comments on the permit; and |
| (B) |
upon the request of the department, the municipality incorporates changes to the permit as jointly agreed upon by the municipality and the department. |
|
| (ii) |
If the department fails to provide a response as described in Subsection (3)(c)(i) within seven calendar days, the municipality may issue the permit. |
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|
| (4) |
| (a) |
Except as provided in Section 72-7-108 with respect to the department concerning the interstate highway system, a highway authority may require compensation from a utility service provider for access to the right-of-way of a highway only as provided in this section. |
| (b) |
A highway authority may recover from a utility service provider, only those management costs caused by the utility service provider's activities in the right-of-way of a highway under the jurisdiction of the highway authority. |
| (c) |
| (i) |
A highway authority shall impose a fee or other compensation under this Subsection (4) on a competitively neutral basis. |
| (ii) |
| (A) |
If a highway authority's management costs cannot be attributed to only one entity, the highway authority shall allocate the management costs among all privately owned and government agencies using the highway right-of-way for utility service purposes, including the highway authority itself. |
| (B) |
The allocation shall reflect proportionately the management costs incurred by the highway authority as a result of the various utility uses of the highway. |
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| (d) |
A highway authority may not use the compensation authority granted under this Subsection (4) as a basis for generating revenue for the highway authority that is in addition to the highway authority's management costs. |
| (e) |
| (i) |
A utility service provider that is assessed management costs or a franchise fee by a highway authority is entitled to recover those management costs. |
| (ii) |
If the highway authority that assesses the management costs or franchise fees is a political subdivision of the state and the utility service provider serves customers within the boundaries of that highway authority, the management costs may be recovered from those customers. |
|
| (g) |
In addition to the requirements of this Subsection (4), a telecommunications tax or fee imposed by a municipality on a telecommunications provider, as defined in Section 10-1-402, is subject to Section 10-1-406. |
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| (5) |
Permit fees collected by the department under this section shall be deposited with the state treasurer and credited to the Transportation Fund. |
| (6) |
Nothing in this section shall affect the authority of a municipality under:
|
| (7) |
A person who violates the provisions of Subsection (2) is guilty of a class B misdemeanor. |
Amended by Chapter
42, 2023 General Session, (Coordination Clause)