H.B. 229

This document includes House Committee Amendments incorporated into the bill on Thu, Jan 29, 2004 at 2:18 PM by kholt. --> This document includes House Floor Amendments incorporated into the bill on Tue, Feb 10, 2004 at 11:58 AM by kholt. --> This document includes House Floor Amendments (CORRECTED) incorporated into the bill on Fri, Feb 13, 2004 at 10:39 AM by kholt. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 26, 2004 at 10:26 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 26, 2004 at 10:27 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 26, 2004 at 10:27 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 26, 2004 at 10:28 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments (CORRECTED) incorporated into the bill on Thu, Feb 26, 2004 at 10:44 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments (CORRECTED) incorporated into the bill on Thu, Feb 26, 2004 at 10:45 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments (CORRECTED) incorporated into the bill on Thu, Feb 26, 2004 at 10:46 AM by rday. --> 1

PUBLIC UTILITY EASEMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: R. Curt Webb
5
6 LONG TITLE
7 General Description:
8 This bill modifies the Public Utilities Code to enact provisions related to public utility
9 easements.
10 Highlighted Provisions:
11 This bill:
12 . enacts provisions governing:
13 . the use of a public utility easement;
14 . the use of property on which a public utility easement is located; and
15 . the recording of a subdivision plat that includes a public utility easement.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
20a S AMENDS:
20b 10-8-14.5, AS ENACTED BY CHAPTER 106, LAWS OF UTAH 1995 s
21 ENACTS:
22 54-3-27, Utah Code Annotated 1953
23
24 Be it enacted by the Legislature of the state of Utah:
24a S Section 1. Section 10-8-14.5 is amended to read:
24b 10-8-14.5. Utility easements -- Use for water or sewerage service.
24c (1) If a municipality grants a general utility easement for the provision of electric, gas, or s

24d S telephone service, the grant may also provide that the easement can be used by the corporation or
24e other entity that provides water or sewerage service to the municipality's residents.
24f (2) A GENERAL UTILITY EASEMENT DESCRIBED IN SUBSECTION (1) IS SUBJECT TO THE
24g PROVISIONS IMPOSED ON A PUBLIC UTILITY EASEMENT UNDER SECTION 54-3-27. s
25 Section 1. Section 54-3-27 is enacted to read:
26 54-3-27. Public utility easement.
27 (1) As used in this section, "public utility easement" means the area on a recorded plat

28 map or other recorded document that is dedicated to the use and installation of public utility
29 facilities.
30 (2) (a) A public utility easement provides a public utility with:
31 (i) the right to install, maintain, operate, repair, remove, replace, or relocate public
32 utility facilities; and
33 (ii) the rights of ingress and egress within the public utility easement for public utility
34 employees, contractors, and agents.
35 (b) Notwithstanding Subsection (3), a public utility shall restore or repair, at the
36 expense of the public utility, any H H [ BOUNDARY LINE] h FENCE , h grass, soil,
36a1 H SHRUBBERY, BUSHES, FLOWERS, OTHER LOW LEVEL VEGETATION, SPRINKLER SYSTEM,
36a2 IRRIGATION SYSTEM, h gravel, flat concrete, or
36a asphalt damaged or
37 displaced from the exercise of the easement rights described in Subsection (2)(a).
38 (3) Except as provided in Subsection (2)(b), if a property owner places improvements
39 to land that interfere with the easement rights described in Subsection (2)(a), the property
40 owner shall bear the risk of loss or damage to those improvements resulting from the exercise
41 of the easement rights described in Subsection (2)(a).
42 H [ (4) Unless one of the exceptions provided in Subsection 54-13-7 (2) applies, a property
43 owner may not, within a public easement, build or allow to be built any structure requiring slab
44 support or footings.
45 (5) A property owner may not change the contour of the ground within a public utility
46 easement if the change results in a natural gas pipeline having less than the greater of:
47 (a) 24 inches of ground cover; or
48 (b) the amount of ground cover otherwise required by federal, state, or local law. ] h
49 H [ (6) ] (4) h (a) Except as provided in Subsection H [ (6) ] (4) h (b), a public utility easement
49a is
50 nonexclusive and may be used by more than one public utility.
51 (b) Notwithstanding Subsection H [ (6) ] (4) h (a), a public utility may not:
52 (i) interfere with any facility of another public utility within the public utility easement;
53 or
54 (ii) infringe on the legally required distances of separation between public utility
55 facilities required by federal, state, or local law.
56 H [ (7) ] (5) h A subdivision plat that includes a public utility easement may not H [ receive
56a final
57 approval for recording by a municipality or county ] BE RECORDED h unless H THE SUBDIVIDER
57a1 HAS PROVIDED THE
57a MUNICIPALITY OR COUNTY WITH PROOF THAT h each public utility H AS IDENTIFIED BY THE
57b MUNICIPALITY OR COUNTY AS h holding an interest
58 in the public utility easement has H , AS A COURTESY, h been notified H AT LEAST h 14 calendar

58a days prior to recording.



Legislative Review Note
as of 1-12-04 11:31 AM

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

Office of Legislative Research and General Counsel