This filing was published in the 09/15/2008, issue, Vol. 2008, No. 18, of the Utah State Bulletin.
Transportation, Preconstruction, Right-of-Way Acquisition
Relocation or Modification of Existing Authorized Access Openings or Granting New Access Openings on Limited Access Highways
NOTICE OF PROPOSED RULE
DAR File No.: 31894
Filed: 08/25/2008, 04:03
Received by: NL
Purpose of the rule or reason for the change:
The purpose of this amendment is to: 1) enable the Department to meet the legislatively mandated 45-day time period for approving, modifying, denying, or appealing the modification or denial of a permit for approach roads and driveways; 2) accurately reflect the day-to-day operations and policies of the Department; and 3) allow for an independent appraisal to avoid conflicts of interest.
Summary of the rule or change:
The changes: 1) include the establishment of new or existing highways as limited access facilities in the rule; 2) eliminate the maximum number of five accesses per mile; 3) eliminate access management standards that may conflict with Rule R930-6; 4) change appraisal procedures from in-house right-of-way appraisal to a Department-approved independent appraiser; 5) shift the burden of initiating an appraisal from the Department to the developer in order to comply with Section 72-3-109; 6) eliminate need for property owner to show a public benefit from new accesses on limited access facilities; 7) clearly define the procedures to modify an existing access; and 8) establish criteria to define local city, county, and municipal connections onto a limited access facility.
State statutory or constitutional authorization for this rule:
Sections 72-3-109, 72-1-201, 72-5-110, 72-5-404, 72-6-117, 72-7-103, 78-34-10, 78-34-20, and 72-7-102
Anticipated cost or savings to:
the state budget:
The annual approximate average savings to the state budget: $13,500. The annual average cost to the state budget: $0. In making the above determination, the agency looked at what the agency was spending on appraisals. The rule shifting the cost to the land owner to pay for their own appraisal will give the state the estimated savings described above.
The annual average cost savings to local government entities: $0. The estimate is based on what local governments paid during the past several years.
small businesses and persons other than businesses:
The annual average cost to small businesses and persons other than small businesses will be the cost of an appraisal paid by a land owner. The average appraisal cost is approximately $350 per appraisal.
Compliance costs for affected persons:
These revisions will not have any new impacts to affected persons. The revisions will, however, shift some responsibilities from the Department to the applicant in order to ensure the Department can comply with Section 72-3-109.
Comments by the department head on the fiscal impact the rule may have on businesses:
This rule will shift the fiscal responsibility of obtaining an appraisal of privately held land from the State of Utah to the land owner/developer. John Njord, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Transportation
Preconstruction, Right-of-Way Acquisition
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY UT 84119-5998
Direct questions regarding this rule to:
Maureen Short at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
John R. Njord, Executive Director
R933. Transportation, Preconstruction, Right of Way Acquisition.
R933-3. Relocation or Modification of Existing Authorized Access Openings or Granting New Access Openings on Limited Access Highways.
The provisions of this rule are authorized by grants for rulemaking authority Utah Code Ann. Sections 72-1-201 and 72-7-102.
To establish a
procedure for allowing and establishing new or existing highways as limited
access facilities, [
for the elimination of intersections and for the right
to access restricted facilities].
R933-3-4. When Access is Controlled.
(1) Limited access control for classified
principal arterial [
highways ]other than the
interstate system and expressways [ shall] be obtained in all
rural areas and in urban areas if the highway is being constructed on new
alignment or if the existing highway is in sparsely developed areas where
control is desirable and economically feasible. Control in urban areas on existing alignment shall not be
allowed unless approved by the Utah Transportation Commission.
(2) In addition to the limited access control of
principal arterial highways, [
a limited mileage of high volume ]minor
arterial highways may justify limited access control[ , especially] on new alignment and if
adjacent to a freeway interchange. [ Except
for minor arterial highways adjacent to a freeway interchange, control shall
not be established if the road is less than one mile in length. Access,]if
desirable and economically feasible, shall be determined on an individual basis
and is subject to approval of Utah Transportation Commission.
(3) Under limited access control, the following limitations shall apply:
(a) The maximum feasible and economic access control shall always be obtained.
(b) On bypasses of cities and towns, all
property access shall be prohibited except where the bypass is in a [
population town with [ little or no business and inadequate]
public crossroads for property access.
other than bypass roads, a maximum of five accesses per mile on each side of
the highway may be granted. Unless justified
under this rule, accesses to property shall only be granted opposite to each
other. (d)] Where any one property has access to another
public road or roads, no access shall be given closer than 1/2 mile [ from]
the public road
nor shall any two granted accesses be closer than 1/2 mile] with the
following exception: [ W]here the proposed project
involves reconstruction on or near an existing highway where a home, business
or other property development is located and lack of direct access [ to a home, business or other property
development] would involve excessive property damage and added
construction costs[ , in which case access openings may be provided
within the other stated limitations. (e) No property access shall be closer than 500
feet from another property or public road access. (f) In order to eliminate public road access, study shall be made in
conjunction with local authorities as to feasibility of dead ending or
rerouting of intersecting roads.]
(g)] The maximum size of private access openings
shall [ be 16 feet for residences, 30 feet for farms or other areas where
large equipment is used, and 50 feet for commercial and industrial areas].
(4) Exceptions to the [
[ shall only] be [ made][ if a careful
appraisal reveals extensive damage or if needed frontage roads would involve
excessive right of way costs or, in canyons, excessive construction costs]. Detailed reports of costs and justification
for variance shall be prepared and submitted
to the [ assistant ][ d]irector for approval .
R933-3-5. Designation of Access Location.
(1) The Utah
Department of Transportation Right of Way Division shall [
conduct a study
and prepare detailed right of way maps, to be used by the Utah Transportation
Commission to make final access location determination. The study shall include the location of and
justification for current access openings and property owners shall be
contacted to determine development plans for the property. The Right of Way Division shall prepare cost
estimates for proposed and alternate access locations. The Utah Transportation Commission ]shall
make final access location determination.
The] access openings
granted shall be accurately described in the property
deed[ and shown on right of way maps and roadway construction plans].
execution of the deeds, no change shall be made in the access location or
additional access openings granted except as provided below. (4)] If a portion of a property which has no
access to the highway is later sold, the department has no obligation to grant
an access to the property[ and if inquiries are made, a prospective buyer
should be definitely so advised].
Revision of] Access Openings.
(1) If a property owner desires to change location or size of an access
, after execution of the deed, a written request] shall be submitted to the [ department
giving location of desired change and its justification]. Changes shall comply with [ the limitations as to spacing in the limited
access control policy].
(2) The [
r]egion [ d]irector,
in [ cooperation] with the [ engineer for safety], shall determine if the change in
location will cause any adverse safety or other traffic
operational effects and submit a [ report with ]recommendation[ s]
to the [ assistant director].
(3) If the change is approved by the [
d]irector [ and on federal-aid roads by the Federal Highway
Administration, ]new deeds shall be prepared and executed and all maps corrected.
(4) The property owner shall pay for all costs [
closing or modifying an existing access opening].
R933-3-7. New Access Openings.
Only in cases where significant public
benefit will result will new access openings be granted. ]Access rights are purchased and are
considered an asset, the same as purchased property, and can be disposed of the
same as real property. An[ y
additional] access will not be [ considered] if not in
compliance with this rule.
shall be submitted by the property owner or public agency [ in writing ]to
the [ d]epartment[ , detail as to public benefit and other
(3) Before granting an opening,
safety and other operational features shall be investigated by the [
[ d]irector [ and the
engineer for safety] and a written report and recommendation[ s]
the access opening is granted, t]he appreciation of the private
property [ involved] shall be
determined by an appraisal from the Right of Way Division.
(5) Based on
the findings, the [
executive ][ d]irector [ of
transportation ]shall make a decision on the request. [ On federal-aid
roads, concurrence of the Federal Highway Administration shall be obtained if
the access opening is recommended by the executive director of transportation.]
(6) If the
access opening is approved [
and is to serve private property, ]the
property owner shall pay the [ d]epartment for property
appreciation, resulting from the department's relinquishment of the access [ ,
as determined by the executive director and the Federal Highway Administration].
the federal-aid roads t]he property owner shall also pay all costs [ for ]construction of
gates, approaches and any other incidental
construction costs involved.
The deed shall be executed describing the
access opening and all maps and plans shall be revised. This procedure applies to roads constructed
with federal-aid funds, which will remain on a federal-aid system and be
transferred to local authorities. (9) Requests for modification of access control shall be forwarded
with recommendations to the Utah Department of Transportation by the local
R933-3-8. Document Responsibility. (1) The Right of Way Section shall prepare
submittals, documents and maps to the Federal Highway Administration. The deeds shall be prepared by the region. The Right of Way Division will be
responsible for all plan corrections. (2) Federal Highway Administration's approval is
required if construction of the road was a federal-aid project though the right
of way was nonparticipating.]
R933-3-9. Enforcement of Access Control.
(1) Highways with limited access control [
be marked by the department with public property plates on fences at sufficient
intervals to clearly indicate to maintenance personnel the limits of access
station foreman shall be responsible for surveillance of these sections of
fence as to any activity in modifying existing access openings or construction
of new openings. Any modifications to
an access opening shall be immediately reported to the [
[ d]irector. The [ r]egion
[ d]irector shall designate personnel to contact the property
owner and require the owner to repair, remove or replace any fence damaged and
also remove any roadway approach material placed.
KEY: limited access highways
Date of Enactment or Last Substantive
Notice of Continuation: November 29, 2006
Authorizing, and Implemented or Interpreted Law: 72-1-102; 72-1-201; 27-12-114; 72-7-102
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For questions regarding the content or application of this rule, please contact Maureen Short at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at email@example.com
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.
Last modified: 09/11/2008 1:36 PM