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7 LONG TITLE
8 General Description:
9 This bill modifies the Transportation Code by amending provisions relating to
10 nighttime highway construction.
11 Highlighted Provisions:
12 This bill:
13 ▸ modifies definitions related to nighttime highway construction;
14 ▸ requires a local jurisdiction to permit certain activities related to nighttime highway
15 construction;
16 ▸ allows a local jurisdiction to request mitigation for unreasonable noise disturbances
17 caused by nighttime highway construction; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 72-6-112.5, as enacted by Laws of Utah 2016, Chapter 178
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 72-6-112.5 is amended to read:
29 72-6-112.5. Definitions -- Nighttime highway construction noise -- Exemptions --
30 Permits.
31 (1) As used in this section:
32 (a) (i) "Front row receptor" means a noise-sensitive residential receptor that is:
33 (A) immediately adjacent to a transportation facility; or
34 (B) within 800 feet of a transportation facility that is within a commercial or
35 industrialized area.
36 (ii) "Front row receptor" includes a residence that is contiguous to a property
37 immediately adjacent to a transportation facility in a residential area.
38 (b) "Nighttime highway construction" means highway construction occurring between
39 the hours of 10:00 p.m. and 7:00 a.m.
40 (c) (i) "Permitted activities" means activities occurring between the hours of 7:00 p.m.
41 and 7:00 a.m. that are related to and necessary for nighttime highway construction, whether
42 occurring at the construction site or at a gravel pit or other site for production of raw materials,
43 and includes:
44 (A) loading and unloading of trucks;
45 (B) asphalt mixing and hauling; and
46 (C) concrete mixing and hauling.
47 (ii) "Permitted activities" does not include:
48 (A) blasting;
49 (B) crushing; or
50 (C) operating a vehicle with a backup alarm engaged.
51 (2) A state highway construction project conducted on a road where the normal posted
52 speed limit is 55 miles per hour or greater is exempt from any noise ordinance, regulation, or
53 standard of a local jurisdictional authority.
54 (3) A state highway construction project conducted on a road where the normal posted
55 speed limit is less than 55 miles per hour is exempt from any noise ordinance, regulation, or
56 standard of a local jurisdictional authority if the department:
57 (a) provides reasonable written notice at least 48 hours in advance of any required
58 nighttime highway construction to each residential dwelling located within front row receptors
59 of the activity;
60 (b) determines a net community, including traveler community, benefit exists to
61 conduct nighttime highway construction after considering the following:
62 (i) public health;
63 (ii) project completion time;
64 (iii) air quality;
65 (iv) traffic;
66 (v) economics;
67 (vi) safety; and
68 (vii) local jurisdiction concerns; and
69 (c) institutes best management noise reduction practices, as determined by the
70 department, for front row receptors, in consultation with local government or the local
71 jurisdictional authority for all nighttime highway construction, which may include:
72 (i) equipment maintenance;
73 (ii) noise shielding;
74 (iii) scheduling the most noise intrusive activities during the day; and
75 (iv) other noise mitigation methods.
76 (4) (a) Subject to Subsection (2) or (3), a state highway project shall secure required
77 noise permits from the local jurisdictional authority to conduct nighttime highway construction.
78 (b) To the extent practical, the department shall coordinate with the local jurisdictional
79 authority during the pre-construction phase of a project to address noise exemption conditions.
80 (5) A local jurisdictional authority shall issue a nighttime highway construction permit
81 limited to permitted activities if the applicant provides evidence that the permitted activities are
82 directly related to and necessary for a nighttime highway construction project for which the
83 department has obtained a nighttime highway construction permit from a local jurisdictional
84 authority pursuant to Subsection (2) or (3).
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86 construction noise permit without additional requirements to the department at the request of
87 the department or the department's designated project agent if the requirements of Subsections
88 (2) and (3) are met.
89 (b) In conjunction with the corrective action described in Subsection (7)(b), a local
90 jurisdictional authority may request adjustments to a noise permit to mitigate unreasonable
91 noise disturbances caused by nighttime highway construction or permitted activities.
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93 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules
94 establishing procedures:
95 (i) for a local jurisdictional authority or local government to appeal the decision of the
96 department to conduct nighttime highway construction on roads where the normal posted speed
97 limit is less than 55 miles per hour; and
98 (ii) for the local jurisdictional authority to request that the department enforce the terms
99 of a noise permit.
100 (b) After review and upon receiving a written notice from a local jurisdictional
101 authority that the conditions for the noise exemption permit are not met, the department shall
102 take corrective action to ensure nighttime highway construction activities meet requirements of
103 the local permit.