DAR File No. 32000

Transportation, Preconstruction

R930-3

Highway Noise Abatement

NOTICE OF PROPOSED RULE

DAR File No.: 32000
Filed: 10/02/2008, 05:57
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

NOTE: This amendment supersedes the amendment to Rule R930-3, which was submitted 09/03/2008 and published in the October 1, 2008, issue of the Bulletin under DAR No. 31925. That filing will be allowed to lapse. This change is designed to allow the Utah Department of Transportation (UDOT) to address highway noise impacts and to determine the conditions under which noise abatement may be approved.

Summary of the rule or change:

The changes address how UDOT determines where noise abatement walls will be placed.

State statutory or constitutional authorization for this rule:

Section 72-6-111

Anticipated cost or savings to:

the state budget:

No cost or savings are anticipated with this change. No new requirements were created with this change that impact the state budget. Any UDOT and/or Transportation Commission responsibilities will be administered by existing staff within existing budget.

local governments:

No cost or savings are anticipated with this change. No new requirements were created with this change that impact local government.

small businesses and persons other than businesses:

No cost or savings are anticipated with this change. No new requirements were created with this change that impact small businesses or persons other than businesses.

Compliance costs for affected persons:

There is no compliance cost here. No new requirements were created with this change.

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

There are no substantial fiscal impacts on businesses. 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
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 maureenshort@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:

12/01/2008

This rule may become effective on:

12/08/2008

Authorized by:

John R. Njord, Executive Director

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[ except that noise abatement in the form of noise barriers will only be considered for Interstate highways and Limited Access facilities]. This rule is designed to allow UDOT 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]substantially 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) "dBA" means decibels of sound expressed or measured using the "A" weighting scale of a sound-pressure level meter.

(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 [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.

 

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) 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 is listed in the Noise Abatement Procedures.[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 effectiveness criteria listed in the Noise Abatement Procedures is exceeded,[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 the cost effectiveness criteria listed in the Noise Abatement Procedures.[$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.]

 

R930-3-8. Public Involvement.

(1) Department representatives shall contact the local government agency and impacted residents. This shall be done prior to completion of final design activities.[the final environmental decision document.] The concerns of the impacted 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' involvement if the majority of them are in opposition or indifferent to noise mitigation.

(3) Balloting Process for Noise Abatement Measures

(a) As part of the final design phase of projects, the Department needs to know if residents/land owners are in favor of noise abatement measures. This public input along with other information including; local ordinances, the amount of noise reduction achieved, engineering considerations, cost and views of the impacted and benefited residents will be considered together to come to a decision on whether or not to construct noise abatement. This process involves sending ballots to residents/land owners so they can indicate their preference for or against noise abatement measures.

(b) Ballots sent by mail are deemed by the Department as "due Diligence" in notifying the affected residents of possible noise mitigation measures in their area. One ballot will be sent by regular mail to each resident/land owner of record and each will be given a deadline as to when the ballots need to be returned for counting. If ballots sent to the residents/land owners are not returned by the deadline, a second ballot will be sent by registered mail, to those who have not returned a ballot.

Noise abatement will only be recommended if 75 percent of the following groups of residents/land owners vote, through balloting, in favor the abatement:

Front row (adjacent) receivers,

Receivers that would be impacted by the project and benefited by noise abatement.

(c) The denominator used to calculate this percentage will equal the total number of completed ballots returned. At least 50 percent of the total number of completed ballots must be returned to adequately assess if noise abatement measures are desired by residents/land owners. If less than 50 percent of completed ballots are returned, then noise abatement measures will not be considered reasonable.

 

R930-3-9. Coordination with Local Officials.

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.

Local governments may have ordinances in place that restrict the height of fences and walls along property lines. In addition, there is an increased potential for conflicts between noise barriers and overhead utilities in urban areas. As such, proposed noise barriers on non-limited access roadways in urban areas will not exceed 8 feet in height.

 

R930-3-10. Local Government Participation.

In instances where noise abatement has already been deemed feasible and reasonable, a third party such as a local municipality, may contribute funds to make functional or aesthetic enhancements to a noise abatement feature.[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.]

 

R930-3-12. 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 - UDOT NOISE ABATEMENT CRITERIA (NAC)

  Land Use

  Activity

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



     A            5[5]6          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            6[5]6          Picnic areas, fixed recreation

                (Exterior)    areas, active sports areas,

                              parks, residences, motels,

                              hotels, schools, churches,

                              libraries, and hospitals.



     C            7[0]1          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.



     E            5[2]1          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: transportation, barrier, traffic noise abatement, highways

Date of Enactment or Last Substantive Amendment: [October 18, 2006]2008

Notice of Continuation: November 29, 2006

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