Establishment and Regulation of At-Grade Railroad Crossings.
(1) The policy of the Utah Department of
Transportation shall be to review for safety all existing public at-grade
highway/railway crossings in the state of Utah in accordance with the Manual on
Uniform Traffic Control Devices, evaluate the location of new crossings,
prescribe the types of at-grade crossing railroad warning devices, and
determine maintenance and funding apportionments for all highway/railway
(2) Highway/railway projects utilizing federal
railroad safety funds shall be done in accordance with 23 Code of Federal
Regulation Part 646 Subpart B and Utah Code Ann. Section 72-1-102.
provisions of this rule are authorized by the following grants of rulemaking
authority: Sections 54-4-15, 10-8-34,
10-8-82, 72-1-102, 72-2-112; 23 CFR 924 and 23 CFR 646 (1995).
Utah Department of Transportation shall oversee all at-grade public
highway/railway crossings in the state of Utah and provide for the safe,
efficient operation of vehicles and pedestrians through the highway/railway
intersections. UDOT shall also promote elimination of at-grade highway/railway
crossings, eliminate hazards to improve at-grade crossings, and recommend the
construction of grade separation structures to replace at-grade crossings.
rule shall describe procedures for the selection of highway/railway crossings
for improvement, the selection of passive and active railroad warning devices,
design, maintenance operations and the funding sources for the improvement of
Incorporation by Reference.
following federal law, federal agency manuals and association standards,
railway manuals and technical requirements are adopted and incorporated by
(1) 23 CFR Chapter G "Engineering and
Traffic Operations" Part 646 "Railroads" Subpart B,(April 1,
(2) 23 CFR Chapter 1, Subchapter J "Highway
Safety" Part 924 "Highway Safety Improvement Program",(April 1,
(3) AASHTO's Policy on Geometric Design of
Highway and Streets", 1994 Edition.
For incorporated material see R930-6.
(4) Manual on Uniform Traffic Control Devices,
Federal Administration, 1988 edition.(For Incorporated Material See R927-1)
(5) UDOT Standard Plans
(1) "Active warning devices" means
those types of traffic control devices activated by the approach or presence of
a train, such as flashing light signals, automatic gates and similar devices,
as well as manually operated devices and crossing watchmen, all of which
display to motorists positive warning of the approach or presence of a train;
(2) "At-Grade Crossing" means the
crossing of a highway and railway at the same elevation;
(3) "CFR" means Code of Federal
(4) "Clear roadside" means UDOT's
practice to provide a roadside clear zone for safe use by errant vehicles
through design, construction, and maintenance activities, implementing the
clear zone as defined in AASHTO's Roadway Design Guide;
(5) "Company" shall mean any railroad
or utility company including any wholly owned or controlled subsidiary thereof;
(6) "Construction" shall mean the
actual physical construction to improve or eliminate a highway/railway grade
crossing or accomplish other involved work;
(7) "Diagnostic team/surveillance
team" means an appointed group of knowledgeable representatives of the
parties of interest in a highway/railway crossing or group of crossings;
(8) "FHWA" means Federal Highway
(9) "G Funds" means those Federal-Aid
highway funds which, pursuant to 23 U.S.C. 120d, may be used for projects for
the elimination of hazards of highway/railway crossings not to exceed ten
percent of the Federal-aid funds apportioned in accordance with 23 U.S.C. 104;
(10) "Local Agency" means a public
agency or corporation authorized to do public enterprise;
(11) "Main line railroad track" means a
track of a principal line of a railroad, including extensions through yards,
upon which trains are operated by timetable or train order or both, or the use
of which is governed by block signals or by centralized traffic control;
(12) "MUTCD" means the Federal Highway
Administration's Manual of Uniform Traffic Control Devices;
(13) "Passive warning devices" means
those types of traffic control device, including signs, markings and other
devices located at or in advance of grade crossings to indicate the presence of
a crossing but which do not change aspect upon the approach or presence of a
(14) "Preliminary engineering" shall
mean the work necessary to produce construction plans, specifications, and
estimates to the degree of completeness required for undertaking construction,
including locating, surveying, designing, and related work;
(15) "PSC" means the Public Service
(16) "Roadway" means the portion of the
highway, including shoulders, for vehicular use;
(17) "Railroad" shall mean all rail
carriers, publicly-owned, private, and common carriers, including line haul
freight and passenger railroads, switching and terminal railroads and passenger
carrying railroads such as rapid transit, commuter and street railroads;
(18) "UDOT" means the Utah Department
(19) "Utility facility" shall mean pipe
line installations or systems for transmitting or distributing communications,
power, electricity, light, heat, gas, oil, petroleum products, cable
television, water, sewer, steam, waste, storm water not connected with highway
drainage, and other similar commodities.
Types of Projects.
for the elimination of hazards for both vehicles and pedestrians at
highway/railway crossings may include, but not be limited to the following
types of projects:
(1) Elimination of at-grade highway/railway
crossings or combining of crossings;
(2) Elimination of an at-grade highway/railway
crossings by the relocation of a highway;
(3) Elimination of an at-grade crossing by the
construction of a new grade separation where full access control is required
regardless of the volume of train or highway vehicles;
(4) Existing at-grade highway/railway crossing
(5) Reconstruction of an existing
highway/railway grade separation structure;
(6) Other highway/railway projects which use
railroad properties or involve adjustments to railroad facilities required by
highway construction, but do not involve the elimination of hazards of
(7) Construction of new highway crossings of a
railroad track where a new street or highway is proposed that is not essentially
a relocation of an existing street;
(8) Construction of a new railroad crossing of
an existing highway.
Planning of Improvements for Highway/Railway Crossings.
(1) UDOT shall have a program for the
identification of highway/railway crossings for improvement.
(2) Improvements at the selected highway/railway
intersection crossings shall be determined by a Diagnostic/Surveillance Review
Team. The team shall also review railroad crossings requested by local agencies
they consider to be unsafe. They shall also review railroad crossing
intersections where accidents have recently occurred. The UDOT Division of Traffic and Safety's Engineering Coordinator
Railroad Inspector shall make arrangements for Diagnostic/Surveillance Reviews
of selected crossings.
(a) The Diagnostic/Surveillance Team shall be
composed of the following team members:
(i) Engineering Coordinator Railroad Inspector
from the Division of Traffic and Safety;
(ii) Engineering Coordinator, Contracts Utility
and Railroad Officer, and a Design Technician from the Railroad and Utility
Unit of the Preconstruction Division;
(iii) Representatives from the railroad company;
(iv) Representatives from the local government
public works department, and when available the local law enforcement groups
where the highway/railway crossing is located.
(b) Duties of the Diagnostic/Surveillance Team
(i) Investigates the elimination of at-grade highway/railway
(ii) Specifies the passive railroad warning
devices to be installed at crossings in accordance with the MUTCD;
(iii) Prescribes installation of active railroad
warning devices at highway/railway crossings;
(iv) Specifies the type of railroad crossing
materials to be installed at highway/railway crossings;
(v) Prescribes the improvement of the highway
approach grades to the tracks to improve sight distance;
(vi) Specifies removal of trees, brush and
foliage from the highway and railroad rights-of-way and private properties to
provide better sight distance for motor vehicles;
(vii) Specifies compliance with UDOT's Standard
Plan STD 715-2A for Disabled Pedestrian Access when pedestrian sidewalks cross
(viii) Reviews and approves all requests for new
at-grade crossings of existing railroads;
(A) The highway agency making the request for a
new crossing shall provide a master street plan showing the agency's plan to
eliminate or combine existing railroad crossings before new crossings will be
(B) The Surveillance Team shall specify the type
of railroad crossing materials, and the active and passive railroad warning
devices to be installed at crossings.
(ix) Reviews change of use of highway/railway
(A) The local agency shall verify the permitted
use, public or private, of any highway/railway crossing in writing from the
authorized owner of the track prior to approval of new development or change in
land use or ownership.
(x) Recommends new overpass structures;
(xi) Where a new railroad crosses an existing
highway, UDOT will consider the new crossing in conformance with Section
54-4-15. Public notice will be made in conformance with R930-5-14, Notice of
Intended Action. If approved, the required separation or railroad warning
devices, and any pavement work at the crossing shall not be considered to be of
benefit to the road user and 100 percent railroad participation shall be
required. The determination as to separation of type of warning devices shall
be according to classification and traffic volume of the highway crossed and
the predicted traffic hazard and as recommended by the Surveillance Team.
(c) Duties of Diagnostic/Surveillance Team
members shall include:
(i) Engineering Coordinator Railroad inspector,
Division of Traffic and Safety, schedules the Diagnostic/Surveillance Team
reviews. Notifies team members who are to attend the review by letter twenty
working days prior to the review date.
Conducts the reviews and issues diagnostic/surveillance team reports
within two weeks after the review is held and sends copies of the report to all
those attending the review.
(ii) Engineering Coordinator of the Railroad and
Utilities Unit establishes requirements for horizontal and vertical alignments
of the roadway, determines passive and active railroad warning device locations
on the roadway, and funding apportionments on federal railroad safety projects.
Initiates all Notices of Intended Action for all railroad projects.
(iii) Contracts Utility and Railroad Officer of
the Railroad and Utility Unit reviews the plans and contractual agreement
requirements on projects requiring matching funds from local agencies.
(iv) Design Technician from the Railroad and
Utility Unit obtains all necessary field data for plan site maps and takes
photographs of the existing conditions of all quadrants of the intersection.
(v) The railroad company representative shall
provide all train volumes and accident data and any other pertinent data
regarding the railroad crossing.
(vi) Local agency public works officer shall
provide highway traffic volumes, any proposed road construction activities on
the highway or an approved master plan for the highway, and any other necessary
data regarding the crossing.
(vii) Local agency law enforcement officer shall
supply traffic accident data and other pertinent traffic problems relating to
the highway/railway crossing.
Design of At-Grade Highway/Railway Crossings.
shall oversee and approve the design of all highway/railway at-grade crossings.
(1) Facilities that are the responsibility of
the railroad for maintenance and operation shall conform to the specifications
and design standards used by the railroad in its normal practice.
(2) At-Grade crossings that are the
responsibility of the local agency for maintenance and operation shall conform
to the specifications and design standards and guides used by the highway
agency in its normal practice subject to approval by UDOT.
(3) Traffic control devices at all grade
crossing improvements shall comply with the MUTCD.
(4) All design plans shall include DOT numbers
and street addresses or railroad mile posts for at-grade crossings.
(5) Railroad crossing materials shall be
designed as follows:
(a) When it is determined that the railroad
crossing material needs to be extended or replaced, the agency doing the design
of the crossing shall determine the minimum length of the crossing material.
The length shall be determined based on the proposed width of the new roadway
or from the approved master plan roadway width. The crossing material length
shall be in accordance with the MUTCD and extend at least two feet from the
outer edge of the roadway, beyond the roadway clear zone area, or to the back
of the concrete curb and gutter or out past the sidewalks. When sidewalks are
required on at-grade crossings, the sidewalks shall be in conformance with
UDOT's Standard Plan Drawing 715-2A for Disabled Pedestrian Access.
(b) The approach grades of the roadway to the
railroad crossing material shall be designed to match the grade of the railroad
crossing material and top elevation of the railroad tracks for a minimum
distance of 50 feet, but preferably 100 feet, in both directions to provide a
smooth crossing for vehicles. The cross slope of the roadway shall match the
cross slope of the railroad tracks at the crossing and shall then be
transitioned to match the cross slope of the roadway.
(c) When the existing railroad crossing material
is to be extended but the existing material is too old and cannot be connected
to the new material, complete replacement of the railroad crossing material
shall be required.
(d) New railroad crossing materials shall always
be concrete material unless another material is approved by the Diagnostic/
(6) Active railroad warning devices shall be
designed as follows:
(a) When it is determined by the
Diagnostic/Surveillance Team that active warning devices are required, it shall
be the responsibility of the railroad company to design the devices.
(i) When curb and gutter and/or sidewalks are in
place or being installed, the active warning devices shall be placed in
accordance with current railroad standards and the MUTCD.
(ii) When no curb and gutter is being installed,
the active warning devices shall be placed beyond the roadway clear zone area
or two feet beyond the edge of the paved roadway in accordance with the MUTCD.
(iii) When the active warning devices are placed
within the roadway clear zone, appropriate attenuation devices shall be
(b) When an existing roadway is to be widened,
the new location of the active railroad warning devices shall be determined by
the railroad and highway agency and the railroad company shall relocate the devices.
(c) When active warning devices are within 200
feet of a traffic signal the railroad company shall design the preemption
system and extend cable from their controller box so the owner or operator of
the traffic signal can connect the cables to the signal controller and program
(d) Design plans shall show the location of the
devices by both roadway and railroad milepost or station.
(7) Passive railroad warning devices at railroad
crossings shall be designed as follows:
(a) The following passive warning devices shall
be designed and installed by the railroad company in accordance with the MUTCD:
(i) Railroad crossing sign R15-1(crossbuck;
(ii) Railroad crossing sign R15-2 (number of
(b) Design and installation of all other passive
railroad warning devices, including the following, are the responsibility of
the highway agency that crosses the railroad tracks. Design and location of the devices shall be in accordance with
the MUTCD and as engineering studies indicate necessary. Passive railroad
warning devices shall be installed by the local highway agency on local
(i) Railroad advance warning signs W10-1, W10-2,
W10-3 and W10-4;
(ii) Railroad pavement markings;
(iii) "Exempt" crossing signs R15-3
(White background), or W10-1a (yellow background). The exempt sign shall only
be installed when authorized by the representative from UDOT, Traffic and
(iv) "No Turn on Red" sign R10-11;
(v) "Do Not Stop on Tracks" sign R8-8;
(vi) "Tracks out of Service" sign R8-9
shall be UDOT approved;
(vii) "Stop" sign R1-1 and W3-1, or
"Yield" Sign R1-2 may be installed as if it had been recommended by
the Diagnostic/Surveillance Team. The
local agency may do an engineering study and install the stop or yield sign if
warranted under MUTCD guidelines.
(c) Street light illumination at grade crossings
may be recommended by the Diagnostic/Surveillance Team and shall be designed
and installed in accordance with the MUTCD by the agency owning the roadway.
Responsibility to Arrange for the Installation of Railroad Materials and
(1) Responsibility for installation of railroad
crossing material is as follows:
(a) When a roadway is widened by a local agency,
the local agency shall be responsible to arrange by agreement with the railroad
company to install the railroad crossing extension.
(b) When local agencies reconstruct a roadway
and new railroad crossing material is required, the local agency shall arrange
by agreement with the railroad company for the complete replacement of the
railroad crossing material when material cannot be extended.
(c) When a highway/railway crossing is listed on
UDOT's Annual High Accident Prediction List and the Diagnostic/Surveillance
Team determines railroad crossing materials need to be replaced, UDOT shall
arrange by agreement with the railroad company for the replacement of the
crossing material. The local agency owning the roadway shall participate in the
cost with matching funds. When the
local agency does not want to participate in the project with matching funds,
the project is terminated.
(2) Responsibility for installation of active
warning devices is as follows:
(a) When a local agency widens a roadway which
changes the existing conditions of the highway/railway crossing and it requires
active warning devices, the local agency shall be responsible to arrange by
agreement with the railroad company for the installation of the active railroad
warning devices after their plans are approved by UDOT.
(b) When a local agency widens a roadway that
has existing active railroad warning devices, the local agency shall have their
plans approved by UDOT and arrange by agreement with the railroad company for the
relocation of the devices.
(c) When a roadside community development is
approved by a local agency that changes the conditions of a highway/railway
at-grade crossing by increasing traffic volumes and/or by adding new access
openings onto a highway within 250 feet, the agency plans shall be approved by
UDOT and the local agency shall arrange by agreement with the railroad company
for any required railroad changes.
(d) When a highway/railway at-grade crossing is
listed in UDOT's Annual High Accident Prediction List and active warning
devices are required, UDOT shall arrange by agreement with the railroad company
for the installation of the active railroad warning devices.
(e) When a local agency requests a surveillance
review of a highway/railway intersection or a corridor of intersections and the
Diagnostic/Surveillance Team determines that a crossing or crossings can be
eliminated and other crossings are upgraded, UDOT shall determine if Federal
Railroad Safety Funds may be used for any or all of the improvements. UDOT
shall also arrange by agreement with the railroad company for the installation
of the active railroad warning devices.
(3) Responsibility for installation of passive
railroad warning devices is as follows:
(a) When local agencies widen roadways, they
shall be responsible to provide and install the passive railroad warning
(b) When a local agency requests a surveillance
of a highway/railway intersection or a corridor of intersections and the
Diagnostic/Surveillance Team determines crossings can be eliminated if other
crossings are upgraded, the local agency shall be responsible to install the
passive railroad warning devices.
(c) When a highway/railway crossing is listed in
UDOT's Annual High Accident Prediction List and the Diagnostic/Surveillance
Team determines that passive railroad warning devices are required, the local
agency owning the roadway shall be responsible to provide and install the
passive railroad warning devices.
(1) The maintenance of automatic signal devices
and the pavement area between rails, including space between multiple tracks if
the railroad company owns the easement rights between the multiple tracks, and
two feet beyond each outside rails shall be the responsibility of the railroad
(2) Maintenance of signals including the
pavement between the rails on temporary highway detours shall in all cases
become the responsibility of the railroad company at the expense of the highway
agency owning the roadway.
(3) Maintenance of the crossing approaches up to
within two feet of the rails shall be the responsibility of the agency owning
the roadway. When the railway is raised due to track and ballast maintenance,
the railroad company shall coordinate their work with the agency owning the
roadway so the pavement on the approaches can be adjusted to provide a smooth
ride for motorists.
(4) Responsibility for maintenance of a newly
constructed grade separation shall be as follows:
(a) Where a separation facility overpasses a
railroad, maintenance responsibility for the entire structure and approaches
shall be assumed by the agency owning the structure and roadway.
(b) When a grade separation structure
underpasses a railroad, maintenance of the roadway and the entire structure
below and including the deck plate, handrail, and parapets, shall be the
responsibility of the owner of the roadway. Maintenance of the waterproofing,
ballast, ties, rails and any portion of the supporting structure above the top
of the ballast deck plate between parapets shall be the responsibility of the
(c) Cost of repairing damages to a highway or a
highway structure, occasioned by collision, equipment failure or derailment of
the railroad's equipment, shall be borne by the railroad company.
(5) Responsibility for maintenance of private
industrial trackage not owned by a railroad company that crosses public
highways shall be as follows:
(a) When a facility, plant or property owner
receives goods and services from a railroad company train over private
industrial trackage that crosses a public highway, maintenance of the crossing
shall be the responsibility of those companies receiving the goods and
(b) When the highway/railway crossing becomes a
safety hazard to vehicles and is not maintained, UDOT and the railroad company
shipping the goods and services shall notify the facility, plant or property
owners in writing to maintain or replace the railroad crossing material.
(c) If the owner of the private trackage does
not maintain or replace the crossing material by a specified date, UDOT shall
order the railroad company to cease and desist operations across the
(d) If the owner still does not respond to the
order to maintain or replace the railroad crossing material the following
action shall be taken by the highway agency owning the roadway:
(i) The highway agency shall remove the trackage
from across the roadway and bill the facility owner of the trackage for the
expenses to remove the trackage.
(ii) The highway agency shall not issue a permit
for a new highway/railway at-grade crossing until owner of the trackage agrees
to pay for the cost of removing the trackage across the roadway and agrees to pay
for and install new crossing material and repair the roadway approaches to the
(6) Responsibility for removal of unused
railroad tracks shall be in accordance with Sections 10-8-34 and 10-8-82. Railroad tracks may be removed if the
governing body of the highway declares the tracks to be a safety hazard,
nuisance, and when the railroad has not operated for long periods of time, at
least nine months. UDOT's Traffic and Safety Division shall direct the
governing body of the highway or the railroad company to remove the tracks.
(1) The costs of preliminary engineering,
right-of-way acquisition, and construction incurred after the date each phase
of the work is included in an approved program and authorized by FHWA are
eligible for federal participation.
Preliminary engineering and right-of-way acquisition costs which are
otherwise eligible, but incurred by the railroad prior to authorization by
FHWA, although not reimbursable, may be included as part of the railroad share
of the project cost where such share is required.
(2) Prior to issuance of authorization by FHWA
either to advertise the physical construction for bids to proceed with force
account construction for railroad work or for other construction affected by
railroad work the following must be accomplished:
(a) Plans and specifications and estimates must
be approved by FHWA.
(b) A proposed agreement between the state and
the railroad company must be found satisfactory by FHWA. Before Federal funds may be used to
reimburse the state for railroad costs the executed agreement must be approved
construction of a federal aid project requires use of railroad properties or
adjustments to railroad facilities, UDOT shall prepare an agreement between
UDOT and the railroad company.
(1) Master agreements between UDOT and a
railroad company on an area wide or statewide basis may be used. These agreements shall contain the
specifications, regulations and provisions required in conjunction with work
performed on all projects.
(2) On a project by project basis, the written
agreement between UDOT and the railroad company shall, as a minimum, include
the following, where applicable:
(a) Reference to appropriate federal regulations;
(b) A detailed statement of the work to be
performed by each party;
(c) Method of payment shall be actual cost;
(d) For projects which are not for elimination
of hazards of highway/railway crossings, the extent to which the railroad is
obligated to move or adjust facilities at the expense of the agency owning the
(e) The railroad's share of the project cost;
(f) An itemized estimate of the cost of the work
to be preformed by the railroad;
(g) Method to be used for preforming the work,
either by railroad forces or by contract;
(h) Maintenance responsibility;
(i) Form, duration, and amounts of any needed
(j) Appropriate reference to or identification
of plans and specifications.
(3) On matching fund agreements between UDOT and
the local agency, on a project by project basis the written agreement shall
include the following:
(a) Description of work and location, city,
(b) Reference to federal regulations that matching
funds will be provided by the agency having jurisdiction over the street or
highway right-of-way where improvements are desired;
(c) Detailed statement of work to be preformed
by each party regarding design engineering, agreements, inspection and maintenance;
(d) Statement of finances of project and
matching funds to be provided by local agency, deposits, invoices and cost
overruns or underruns.
(4) Agreements prepared for local government and
industrial trackage crossing are prepared between the agency owning the street
or highway right-of-way and the industry on forms furnished by the railroad
(5) In order that a highway/railway project
shall not become unduly delayed, UDOT shall consider a six month period of time
from issuance of the railroad agreement to be adequate for completion of
execution by the railroad company involved.
Should more than the specified period of time elapse, UDOT shall require
the railroad to proceed with the work covered by the agreement under the
authority contained in Section 54-4-15 and approval from the FHWA will be
solicited in conformance with 23 CFR 646.
Apportionment of Costs.
of costs for installation, maintenance, and reconstruction of active and
passive railroad warning devices at highway/railway intersections shall be in
accordance with 23 646.
(1) When a roadway is widened by the state or
local governmental agency, the agency shall fund all passive and active
railroad warning devices determined necessary by the Diagnostic/Surveillance
(2) When a roadway is widened by a local agency,
and the existing railroad crossing material is old and cannot be attached to
the new material, the local agency shall fund the replacement of all new
existing crossing material.
(3) When a highway/railway at-grade crossing is
listed on UDOT's Annual High Accident Prediction List, and it is determined by
the Diagnostic/Surveillance Team that the crossing shall be upgraded, it shall
be funded by federal railroad safety funds and local highway agency matching
funds. The local highway agency shall install the passive warning devices at
their own expense.
(4) When a local agency requests a surveillance
review of a highway/railway crossing or a corridor of crossings and the
Diagnostic/Surveillance Team determines a crossing or number of crossings can
be eliminated, and other crossings are upgraded, federal railroad safety and
local agency matching funds shall be used to upgrade the crossing. When a
crossing is eliminated and others upgraded, the railroad company shall also
participate in the upgrade of the crossing.
(5) If approved construction of a separation
structure or the installation of a signal device at such crossing is not
considered a benefit to the railroad, railroad participation shall not be
(6) A project to reconstruct an existing
overpass or underpass shall include the entire structure and railway and the
highest approaches thereto. Since there
is no railway liability for such projects, it is considered that there shall be
no benefit to the railroad and railroad participation shall not be required.
Notice of Intended Action Process.
(1) When UDOT is considering the execution of an
agreement with a railroad involving construction, of a railroad separation
structure, new at-grade crossings, or in any manner the elimination,
substantial modification, construction or improvement of any existing crossing
or other facility in connection with existing or proposed contracts for UDOT or
any other highway agency, UDOT shall advertise a notice of its intended action
in a newspaper of general circulation at least twice with a provision that
written protests may be filed with UDOT 15 days from the date of the last
publication of the notice. The notice shall identify the project, briefly
describe the changes proposed, and contain general information relating to the
(2) Construction of a new highway crossing of a
railroad track where a new street or highway is proposed which is not
essentially a relocation of an existing street, the UDOT will consider the new
crossing in conformance with Section 54-4-15. Public notice will be made in
conformance with this rule.
(3) All requests for a public hearing shall be
in writing and shall detail how a proposed action will adversely affect a group
of people, firm or corporation, and if it appears that the adverse affect
cannot be alleviated by UDOT. Such a
hearing will be conducted informally by UDOT. Any party aggravated by any
determination made by UDOT shall have their statutory right under Section
54-4-15, as amended, to petition the PSC for a hearing to be governed by the
procedures of the PSC.
(4) In instances where the action proposed by
UDOT does not substantially affect the general public, UDOT may waive the
requirement to public notice, provided all parties affected concur in writing
with the action proposed. For the
purposes of this section, parties affected shall mean railroads or other common
parties, state, county, city or other environmental agencies, boards or
commissions, having jurisdiction over any property rights of facilities, and
private persons or directly affected.
(5) The Executive Director of UDOT shall be
authorized to issue all Notices of Intended Action in the name of UDOT.]
Date of Enactment or Last Substantive
March 11, 1998]
Notice of Continuation: January 22, 2002
and Implemented or Interpreted Law:
10-8-34; 10-8-82; 54-4-15; 72-1-102; 72-2-112