DAR File No. 28360

Transportation, Preconstruction

R930-6

Manual of Accommodation of Utility Facilities and the Control and Protection of State Highway Rights-of-Way

NOTICE OF PROPOSED RULE

DAR File No.: 28360
Filed: 11/17/2005, 02:08
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

After legal review, it was determined that some changes were needed.

Summary of the rule or change:

This rule amendment includes changes to requirements for left-turn lane access and some clarification to the application and appellate procedure.

State statutory or constitutional authorization for this rule:

Section 72-1-201

Accommodation of Utilities and the Control and Protection of State Highway Rights of Way (2005 Edition)

Anticipated cost or savings to:

the state budget:

There should be no change in cost for the state. It is not anticipated that more appeals will be forthcoming because of the change.

local governments:

Any additional cost for local governments would be minor increases made necessary by new left-turn lane requirements. It is impossible to know what those increases, if any, will be.

other persons:

A developer seeking access to the state highway system may face some additional cost from the left-turn requirements, but it is impossible to know what they will be, if any.

Compliance costs for affected persons:

A developer seeking access to the state highway system may face some additional cost from the left-turn requirements, but it is impossible to know what they will be, if any.

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

Any fiscal impact on business would be minor and is necessary to ensure public safety and good traffic management. John R. Njord, Executive Director

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:

01/17/2006

This rule may become effective on:

01/18/2006

Authorized by:

John R. Njord, Executive Director

RULE TEXT

R930. Transportation, Preconstruction.

R930-6. Manual of Accommodation of Utility Facilities and the Control and Protection of State Highway Rights-of-Way.

R930-6-1. Incorporation by Reference.

In order to implement its federally-mandated responsibility to ensure the safe use and protection of federal-aid highways, the department incorporates by reference the Manual of Accommodation of Utility Facilities and the Control and Protection of State Highway Rights-of-Way, [2003 ed.]November, 2005 edition, copies of which are available at the department's headquarters, 4501 South 2700 West, Salt Lake City, Utah 84114, and on the department's Internet site, [www.dot.utah.gov.]http://www.udot.utah.gov/index.php/m=c/tid=423/item=3825/d=full/type=1. The provisions of this Manual also apply to non-federal aid state highways.

KEY: utility rules, utilities access

[September 16, 2003]2006

Notice of Continuation January 22, 2002

72-3-109

72-6-116

72-7-102

72-7-108

ADDITIONAL INFORMATION

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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.