DAR File No. 28677

Transportation, Preconstruction

R930-3

Highway Noise Abatement

NOTICE OF PROPOSED RULE

DAR File No.: 28677
Filed: 04/26/2006, 04:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rulemaking action is to clarify that only interstate or limited access highways qualify for noise walls.

Summary of the rule or change:

This rule limits Type 1 noise abatement projects to interstate and limited access highways

State statutory or constitutional authorization for this rule:

Section 72-6-111

Anticipated cost or savings to:

the state budget:

This rule amendment will result in savings because it eliminates a category of road eligible for noise walls.

local governments:

This rule does not apply to local governments since only the department can build noise walls on state roads; therefore, there should be no cost or savings.

other persons:

This rule does not affect costs of other persons since only the department can build noise walls on state roads.

Compliance costs for affected persons:

This rule does not affect costs of other persons since only the department can build noise walls on state roads.

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

This rule does not affect businesses since only the department can build noise walls on state roads. 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:

06/15/2006

This rule may become effective on:

06/16/2006

Authorized by:

John R. Njord, Executive Director

RULE TEXT

R930. Transportation, Preconstruction.

R930-3. Highway Noise Abatement.

R930-3-0. Purpose.

The following is generally 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.

R930-3-2. Applicability.

(1) Type I Projects. Noise abatement shall be considered for Type I projects that are on Interstate or Limited Access Highways where noise impacts are identified. A new or proposed subdivision or other development must have obtained a formal building permit from the appropriate local government agency for final plans for development before the issuance of the final environmental decision document.

(2) Type II Projects. UDOT does not provide a noise retrofit (Type II) program to construct noise abatement measures along existing state transportation facilities.

KEY: transportation, barrier, traffic noise abatement, highways

Date of Enactment or Last Substantive Amendment: [July 20, 2004]2006

Notice of Continuation: January 22, 2002

Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-7-101

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.