(1) |
Except as provided in Subsection (3), the jurisdiction and responsibility of the department and the municipalities for state highways within municipalities is as follows:
Ask a legal question, get an answer ASAP! Click here to chat with a lawyer about your rights.
Terms Used In Utah Code 72-3-109- Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Right-of-way: means real property or an interest in real property, usually in a strip, acquired for or devoted to state transportation purposes. See Utah Code 72-1-102
- Road: includes :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State highway: means those highways designated as state highways in Title 72, Chapter 4, Designation of State Highways Act. See Utah Code 72-1-102
(a) |
The department has jurisdiction over and is responsible for the construction and maintenance of:
(i) |
the portion of the state highway located between the back of the curb on either side of the state highway; or |
(ii) |
if there is no curb, the traveled way, its contiguous shoulders, and appurtenances. |
|
(b) |
The department may widen or improve state highways within municipalities. |
(c) |
(i) |
A municipality has jurisdiction over all other portions of the right-of-way and is responsible for construction and maintenance of the right-of-way. |
(ii) |
If a municipality grants permission for the installation of any pole, pipeline, conduit, sewer, ditch, culvert, billboard, advertising sign, or any other structure or object of any kind or character within the portion of the right-of-way under its jurisdiction:
(A) |
the permission shall contain the condition that any installation will be removed from the right-of-way at the request of the municipality; and |
(B) |
the municipality shall cause any installation to be removed at the request of the department when the department finds the removal necessary:
(I) |
to eliminate a hazard to traffic safety; |
(II) |
for the construction and maintenance of the state highway; or |
(III) |
to meet the requirements of federal regulations. |
|
|
(iii) |
Except as provided in Subsection (1)(h), a municipality may not install or grant permission for the installation of any pole, pipeline, conduit, sewer, ditch, culvert, billboard, advertising sign, or any other structure or object of any kind or character within the portion of the state highway right-of-way under its jurisdiction without the prior written approval of the department. |
(iv) |
The department may, by written agreement with a municipality, waive the requirement of its approval under Subsection (1)(c)(iii) for certain types and categories of installations. |
|
(d) |
If it is necessary that a utility, as defined in Section 72-6-116, be relocated, reimbursement shall be made for the relocation as provided for in Section 72-6-116. |
(e) |
(i) |
The department shall construct curbs, gutters, and sidewalks on the state highways if necessary for the proper control of traffic, driveway entrances, or drainage. |
(ii) |
If a state highway is widened or altered and existing curbs, gutters, or sidewalks are removed, the department shall replace the curbs, gutters, or sidewalks. |
|
(f) |
The department may furnish and install street lighting systems for state highways, but their operation and maintenance is the responsibility of the municipality. |
(g) |
If new storm sewer facilities are necessary in the construction and maintenance of the state highways, the cost of the storm sewer facilities shall be borne by the state and the municipality in a proportion mutually agreed upon between the department and the municipality. |
(h) |
(i) |
For a portion of a state highway right-of-way for which a municipality has jurisdiction, and upon request of the municipality, the department shall grant permission for the municipality to issue permits within the state highway right-of-way, provided that:
(A) |
the municipality gives the department seven calendar days to review and provide comments on the permit; and |
(B) |
upon the request of the department, the municipality incorporates changes to the permit as jointly agreed upon by the municipality and the department. |
|
(ii) |
If the department fails to provide a response as described in Subsection (1)(h)(i) within seven calendar days, the municipality may issue the permit. |
|
|