DAR File No. 27156

Transportation, Preconstruction

R930-3

Highway Noise Abatement

NOTICE OF PROPOSED RULE

DAR File No.: 27156
Filed: 05/14/2004, 02:07
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment is needed to change the methodology by which the department decides when noise walls are needed and to eliminate what is called Type II noise walls.

Summary of the rule or change:

This amendment makes several clarifications to the process by which a decision to construct a noise wall is made. It also eliminates Type II noise walls, which are retrofits on existing highways. Some of the decibel level measurements that justify noise walls are also changed.

State statutory or constitutional authorization for this rule:

Sections 72-1-201 and 72-6-111

Anticipated cost or savings to:

the state budget:

The amendment will neither increase or decrease costs. The actual cost of noise wall construction also will not change as a result of this amendment.

local governments:

This change does not affect local governments; therefore, there will be no costs or savings to them.

other persons:

The current program does not require other persons to bear any cost and neither does this amendment.

Compliance costs for affected persons:

There will be no compliance costs as a result of this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact from this rule because it neither increases anyone's costs nor makes a saving in the budget.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

James Beadles at the above address, by phone at 801-965-4168, by FAX at 801-965-4796, or by Internet E-mail at jbeadles@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2004

This rule may become effective on:

07/02/2004

Authorized by:

John R. Njord, Executive Director

RULE TEXT

R930. Transportation, Preconstruction.

R930-3. Highway Noise Abatement.

R930-3-0. Purpose.

The following is consistent with the Federal Highway Administration's Procedures for Abatement of Highway Traffic Noise, 23 CFR 772, which is hereby adopted and incorporated by reference, and in accordance with Utah Code Ann. Section 72-6-111. It is provided to address highway noise impacts and to determine the conditions under which noise abatement may be approved.

R930-3-1. Definitions.

(1) "Existing Noise Level" means the noise level, Leq, resulting from the natural and mechanical sources and human activity, considered to be usually present in a particular area.

(2) "Design Noise Level" means the noise level, Leq, calculated for the worst traffic noise conditions likely to occur on a regular basis during the future design year, using a method approved by FHWA.

(3) "Type I Project" means a highway construction project that is related to an increase in traffic noise - construction of a highway on new location or the physical alteration of an existing highway which significantly changes the alignment or increases the number of through-traffic lanes.

(4) "Type II Project" means a proposed highway project strictly for noise abatement on an existing highway.

(5) "UDOT" means Utah Department of Transportation.

(6) "FHWA" means Federal Highway Administration.[

(7) "Sensitive Land Use" means dwelling units or other fixed, developed sites of frequent human use not exceeding 300 m from the right-of-way line.]

([8]7) "dBA" means decibels of sound expressed or measured using the "A" weighting scale of a sound-pressure level meter.

([9]8) "AASHTO" means American Association of State Highway and Transportation Officials.

R930-3-2. Applicability.

(1) Type I Projects. Noise abatement shall be considered for Type I projects where noise impacts are identified. A new or proposed subdivision or other development must have obtained [approval]a formal building permit from the appropriate local government agency for final plans for development [prior]before the issuance of the final environmental decision document.[to either of the following dates, whichever comes first:

(a) the earliest environmental approval date of the highway improvement,

(b) the date the local government agency's general plan or master plan has designated the highway for major improvements.]

(2) Type II Projects. UDOT does not provide a noise retrofit (Type II) program to construct noise abatement measures along existing state transportation facilities[ Noise abatement may be considered for Type II projects where noise impacts are identified and under the following conditions:

(a) As requests are received by the Department from local government agencies, noise studies shall be conducted and qualifying projects shall be prioritized.

(b) Type II projects apply only to freeways (high speed highways with full access control), and to expressways (high speed highways with limited access control).

(c) Noise abatement for developments that are approved after the earliest date as provided in R930-3-2(1) shall not be considered.

(d) Residences are the primary focus of Type II noise abatement.

(e) Type II projects shall be prioritized annually for funding purposes based upon the existing noise level for typical dwellings nearest the highway. The project with the highest existing noise level has the highest priority. In case of a tie, the project with the earliest agency request date is higher on the list.

(f) Projects from the prioritized list shall be designed and built as funding becomes available for Type II projects.

(g) Projects that are not high enough on the list to be funded shall be carried over to the next year's list and reprioritized along with new projects].

R930-3-3. Noise Impact Determination.

A traffic noise impact occurs, for purposes of this policy, when either of the following conditions exists at a sensitive land use:

(1) [both and Type II ]The design noise level is greater than or equal to[approaches (is within two dBA of) or exceeds] the UDOT Noise Abatement Criterion (NAC) in Table 1 for each corresponding land use category.[ Applies to Type I projects only.]

(2) The design noise level substantially exceeds (ten dBA or more) the existing noise level.[ Applies to Type I projects only.

(3) The existing noise level approaches (is within two dBA of) or exceeds the Noise Abatement Criterion (NAC) in Table II. Applies to Type II projects only.]

R930-3-4. Noise Abatement Objective.

When noise abatement measures are being considered, every reasonable effort shall be made to obtain substantial noise reductions consistent with Department procedures.

R930-3-5. Noise Abatement Conditions.

In order to be considered for noise abatement, all of the following conditions must be met, if applicable:

(1) A noise abatement device shall not be installed where it will create a hazard or violate design standards. Specifically, noise abatement walls shall not be added within the highway clear zone as defined in the AASHTO Roadside Design Guide, unless a safety barrier already exists.

(2) At least five dBA of noise reduction must be achievable at typical impacted receivers nearest the highway.

[(3) The cost per dwelling in the formula shown in paragraph (c) below should not exceed either of the following limits. These limits are tied to a three year average bid price index published annually by the Department, and a standard noise barrier wall configuration of three meter high by seventy meter long wall per receptor. The Direct Cost Limit is calculated to be thirty percent greater than the Abatement Limit.

(a) Abatement Limit - A limit for fabrication and installation of noise abatement measures without appurtenances (other direct costs).

(b) Direct Cost Limit - A limit for noise abatement measures with appurtenances. Appurtenances are direct costs associated with the noise abatement and depends on the particular site. They may include earthwork, landscaping and associated irrigation, aesthetic or sound absorbing on walls, new right-of-way, easements for construction and/or maintenance and incidental construction costs.

(c) Cost per dwelling = C/SD.

(i) C = total cost of abatement.

(ii) D = total number of impacted dwellings that shall likely receive some noticeable benefit, three dBA or more, within 300 meters of the Department right-of-way.

(iii) S = Severity factor - an average weight applied to the number of affected dwellings, related to the amount of noise impact. For Type II projects, S = 1.

TABLE I - SEVERITY FACTORS, S
(Applicable Only to Type-I Projects)

                    Does the Design          Increase in Noise, dBA Level, dBA

                    Noise Level Approach    (Design- Existing)

                    or Exceed the NAC?       0-9  10-19  20-29  30+



                         Yes                 1     2      3    4

                         No                  *     1      2    3

* Impact severity = 0, so abatement is not considered

(d) Noise barriers shall not be planned for dwellings with access directly onto the highway. The reasons are poor barrier performance and poor sight-distance.

(e) Noise abatement shall not be planned for Land Use Categories C and D shown in Table II.

(f) Other land use activities shall be analyzed on a case by case basis.](3) Residential Areas (Category B, Table 1):

(a) For residential areas, benefited receivers must be considered in determining a noise barrier's cost per receiver regardless of whether or not they were identified as impacted. A benefited receiver is any impacted or non-impacted receiver that gets a noise reduction of 5 dBA or more as a result of the noise barrier. The maximum cost used to determine reasonableness to provide noise abatement will be $25,000 per benefited receiver. This cost may be periodically reviewed by the Department for reasonableness and updating, as needed.

(b) In the event that the noise barrier cost is greater than $25,000 per receiver, the cost will be considered to be reasonable only if it can be demonstrated that a "severe" noise impact will occur. Severe traffic noise impacts are defined as traffic noise levels by 30 dBA or more, or results in absolute exterior nose levels of 80 dBA or greater. Based on severity, abatement will be considered on a case-by-case basis.

(c) For non-residential areas (Category A, B, or C, Table 1): The cost of noise abatement measures for schools, parks, churches and other non-residential developments including commercial and industrial areas will depend on height of noise wall required and corresponding length of frontage this type of development has exposed to the transportation facility. In any case, a reasonable cost for mitigation for noise abatement will not exceed $200 per linear foot of wall (for a 10-foot high wall) installed. The cost may be be periodically reviewed for reasonableness and updating, as needed.

R930-3-6. Other Considerations.

Noise abatement benefits shall be consistent with overall social, economic, and environmental conditions on both sides of the highway. Aesthetics shall be considered where appropriate' including graffiti deterrence and surrounding landscape. Other factors may be considered.

R930-3-7. Declaration of Intent.

Environmental documents shall indicate those areas where mitigation is "likely." "Likely" does not mean a firm commitment. A final decision on the installation of the abatement measures shall be made upon completion of the project design and the public involvement process and based upon what the department believes is reasonable and feasible.

R930-3-8. Public Involvement.

(1) Department representatives shall contact the local government agency[,]and impacted[affected] residents[ on both sides of the highway, and land owners]. This shall be done prior to completion of the final environmental decision document[design]. The concerns of the impacted [land owners,] residents[,] and local government agency shall be a major consideration in reaching a decision on the abatement measures to be provided.

(2) Noise abatement may not be planned after local government agency and impacted residents'[affected land owner] involvement if the majority of them[the affected people] are in opposition or indifferent to noise mitigation.

R930-3-9. Coordination with Local Officials.

[(1) Effective control of highway traffic noise requires land uses near highways to be controlled. Local authorities must have taken measures to exercise land use control over undeveloped lands adjacent to State highways in the local jurisdiction to:

(a) conduct a study to determine the noise levels along new development adjacent to an existing state highway or a dedicated right-of-way; and

(b) the construction of noise abatement measures at the expense of the developer if noise levels exceed values shown in Table II.

(2) ]The Department shall coordinate in the local government review process with regard to aesthetics, height, and other design features of the proposed noise abatement measure. Effective control of highway traffic noise requires land uses near highways to be controlled, but land use planning and control belong to local government jurisdiction. UDOT shall, upon request, assist local agencies by giving information that shall help them to be aware of incompatible land uses near state highways.[ Developments that come into existence after the earliest date of public knowledge of the highway's approved alignment shall not be considered for Type II projects.]

R930-3-10. Local Government Participation.

In instances where abatement costs would exceed a limit in paragraph R930-3-5(3), the local government agency may be offered the option to share in the cost of abatement. In order for the Department to participate in shared abatement costs, the following conditions must be met:

(1) The Department's share of the cost shall not exceed the limits in paragraph R930-3-5(3). The participating local government agency shall pay the Department an amount equal to the estimated cost of the abatement measure and appurtenances proposed that exceeds the limits in paragraph R930-3-5(3). The settlement agreement shall be signed before design begins. Payment shall be made to the Department before construction begins.

(2) The participating local government agency's final share shall be based on actual construction costs.

R930-3-11. Projects Funded From Other Sources.

The Utah Code authorizes the Department to construct and maintain noise abatement measures along state highways in cases where the cost for the noise abatement is provided by citizens, adjacent property owners, developers, or local governments, and meeting other established criteria. These cases may be treated as a special application of Paragraph R930-3-10, in which the Department may design, build, and maintain the abatement measure, and the local government agency shall pay the Department for all preliminary engineering and construction costs.

R930-3-12. Construction Off Right-of-Way.

Normally, noise barriers (walls or berms) built pursuant to this policy shall be constructed within Department right-of-way and owned and maintained by the Department. There are cases in which Department right-of-way is not the most prudent location for noise barriers, yet noise abatement can be very feasible and reasonable if built on adjacent property or adjacent public right-of-way. In these cases:

(1) The Department's cost is limited to normal cost for abatement on Department right-of-way.

(2) In no case shall the Department construct a noise barrier unless the adjacent property owners allow access and easements as necessary in order to construct and maintain the barrier.

(3) Maintenance of noise walls and associated landscaping on the side facing the highway shall normally be the Department's responsibility. The opposite side shall be maintained by the property owner.

(4) When landscaping is included off the Department right-of-way, the Department and landowner shall sign an irrigation agreement. The Department shall not pay for irrigation off the right-of-way.

TABLE I[II] - UDOT NOISE ABATEMENT CRITERIA (NAC)
[Hourly A-Weighted Sound Level - decibels (dBA)]

  Land Use

  Activity

  Category     Leq(h), dba*   Description of Activity Category



     A            [57]55      Lands on which serenity and

                (Exterior)    quiet are of extraordinary

                             
significance and serve an

                              important public need and where

                              the preservation of those

                              qualities is essential if the

                              area is to continue to serve its

                              intended purpose.



     B            [67]65      Picnic areas, fixed recreation

                (Exterior)    areas, active sports areas,

                              parks, residences, motels,

                              hotels, schools, churches,

                              libraries, and hospitals.



     C            [72]70      Cemeteries, commercial areas,

                (Exterior)    industrial areas, exterior

                              office buildings, and other

                              developed lands, properties or

                              activities not included in

                              Categories A or B above.



     D            No limit    Undeveloped lands[, including

                              roadside facilities and

                              dispersed recreation].



     E            52          Motels, hotels, public meeting

              (Interior)      rooms, schools churches,

                              libraries, hospitals, and

                              auditoriums.  (The interior

                              criterion only applies when

                              there are no exterior activities

                              affected by traffic noise.)



* Hourly A-weighed sound level in Decibels, Reflecting a zdBA

"Approach" Value Below 23 CFR 772

KEY: [noise control, noise abatement*, noise wall*]transportation, barrier, traffic noise abatement, highways

[February 15, 1997]2004

Notice of Continuation January 22, 2002

72-1-201

72-7-101

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For questions regarding the content or application of this rule, please contact James Beadles at the above address, by phone at 801-965-4168, by FAX at 801-965-4796, or by Internet E-mail at jbeadles@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.