H.B. 242 Enrolled

PROTECTION OF RIGHTS-OF-WAY - GATES
ON COUNTY ROADS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Michael E. Noel
This act modifies the Transportation Code by redefining county road and allowing
counties to erect gates on class D roads. This act makes technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
72-7-106, as last amended by Chapter 21, Laws of Utah 1999
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 72-7-106 is amended to read:
72-7-106. Gates on class B and D roads.
(1) As used in this section, "county road" means:
(a) a class B road as defined in Section 72-3-103 ; and
(b) a class D road as defined in Section 72-3-105 .
[(1)] (2) The county executive of [any] a county may [provide for] authorize the
erection [and] or maintenance of [gates] a gate on [the B system] a county [highways] road in
order to avoid the necessity of building highway fences.
[(2)] (3) The person for whose immediate benefit [the gates are] a gate is erected or
maintained shall in all cases bear the expense.
[(3)] (4) Nothing contained in Section 72-7-105 shall be construed to prohibit [any] a
person from placing [any] an unlocked, nonrestrictive gate across [any B system] a county
[highway] road, or maintaining the same, with the [approval] authorization of the county
executive of that county.
[(4)] (5) (a) A gate [may not be] is not allowed on [any B system] a county [highways
except those gates allowed] road unless authorized by the county executive in accordance with
the provisions of this section.
(b) If the expense of the erection and maintenance of the [allowed gates] gate is not

paid or if [any] a lock or other device is placed upon the [gates] gate so as to make [them] it
restrictive, the county executive of that county shall notify the responsible party that [their]
county approval is terminated and the gate [shall be] is considered to be an obstruction [pursuant
to] under Section 72-7-105 .
[(5)] (6) The placement or maintenance of [gates] a gate with the [consent] authorization
of the county executive across [B system] a county [highways for the statutory period of time]
road does not constitute or establish an abandonment under Section 72-5-105 or 72-5-305 by the
county and does not establish an easement on behalf of the person establishing the gate.
[(6)] (7) A person who commits any of the following acts is guilty of a class B
misdemeanor and is liable for [any and] all damages suffered by [any] a party as a result of the
acts:
(a) [leave] leaves open [any] a gate, erected or maintained under this section;
(b) unnecessarily [drive] drives over the ground adjoining the highway on which a gate is
erected;
(c) [place any] places a lock or other restrictive device on a gate; or
(d) [violate any rules or regulations of any] violates a rule or regulation of a county
legislative body relating to the gates within the county.
[(7) The provisions of this section relating to maintenance and removal of gates over B
system county highways applies retrospectively to all gates in existence on April 1, 1976.]

- 2 -