Chief Sponsor: Gage Froerer

Senate Sponsor: Scott K. Jenkins


8     General Description:
9          This bill enacts language authorizing the Department of Transportation to make rules
10     related to the issuance of special use permits on state highways.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines "special use permit"; and
14          ▸     authorizes the Department of Transportation to make rules related to the issuance of
15     special use permits on state highways.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     ENACTS:
22          72-1-212, Utah Code Annotated 1953

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 72-1-212 is enacted to read:
26          72-1-212. Special use permitting -- Rulemaking.
27          (1) For purposes of this section, "special use permit" means a permit issued for a
28     special use or a special event that takes place on a highway.
29          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and

30     in consultation with representatives of the Utah League of Cities and Towns and the Utah
31     Association of Counties, the department shall make rules that are not inconsistent with this
32     chapter or the constitution and laws of this state or of the United States governing the issuance
33     of a special use permit to maintain public safety and serve the needs of the traveling public.
34          (3) The rules described in Subsection (2) may:
35          (a) establish the highways for which the highest number of special use permits are
36     issued;
37          (b) develop, in consultation with municipalities, a limit on the number of special use
38     permits that may be issued in any calendar year on a particular highway;
39          (c) require a person to submit an application designated by the department before the
40     department issues a special use permit;
41          (d) limit the number of special use permits issued on any one day for any specified
42     location based on a first-come, first-served basis for completed applications;
43          (e) establish criteria for evaluating completed applications, such as historic use,
44     potential economic benefit, or other relevant factors;
45          (f) specify conditions that are required to be met before a special use permit may be
46     issued;
47          (g) establish a penalty for failure to fulfill conditions required by the special use permit,
48     including suspension of the special use permit or suspension of a future special use permit;
49          (h) require an applicant to obtain insurance for certain special uses or special events; or
50          (i) provide other requirements to maintain public safety and serve the needs of the
51     traveling public.
52          (4) The limit on the number of special use permits described in Subsection (3)(b) may
53     not include a special use permit issued for a municipality-sponsored special use or special
54     event on a highway within the jurisdiction of the municipality.
55          (5) The rules shall consider:
56          (a) traveler safety and mobility;
57          (b) the safety of special use or special event participants;

58          (c) emergency access;
59          (d) the mobility of residents close to the event or use;
60          (e) access and economic impact to businesses affected by changes to the normal
61     operation of highway traffic; and
62          (f) past performance of an applicant's adherence to special use permit requirements.
63          (5) The department shall adopt a fee schedule in accordance with Section 63J-1-504
64     that reflects the cost of services provided by the department associated with special use permits
65     and with special uses or special events that take place on a highway.