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Terms Used In Utah Code 72-5-303

  • Construction: includes :
              (2)(b)(i) removing vegetation;
              (2)(b)(ii) moving obstructions, including rocks, boulders, and outcroppings;
              (2)(b)(iii) filling low spots;
              (2)(b)(iv) maintenance over several years;
              (2)(b)(v) creation of an identifiable route by use over time; and
              (2)(b)(vi) other similar activities. See Utah Code 72-5-301
  • Highway: includes :
              (4)(b)(i) pedestrian trails, horse paths, livestock trails, wagon roads, jeep trails, logging roads, homestead roads, mine-to-market roads, alleys, tunnels, bridges, and all other ways and their attendant access for maintenance; and
              (4)(b)(ii) irrigation canals, waterways, viaducts, ditches, pipelines, or other means of water transmission and their attendant access for maintenance. See Utah Code 72-5-301
  • Maintenance: means any physical act of upkeep of a highway or repair of wear or damage whether from natural or other causes, including the following:
         (5)(a) vertical and horizontal alignment alterations to meet applicable safety standards;
         (5)(b) widening an existing road or flattening of shoulders or side slopes to meet applicable safety standards;
         (5)(c) grooming and grading of the previously constructed road surface;
         (5)(d) establishing and maintaining the road crown with materials gathered along the road;
         (5)(e) filling ruts;
         (5)(f) spot filling with the same materials of the road, or improved materials;
         (5)(g) leveling or smoothing washboards;
         (5)(h) clearing the roadway of obstructing debris;
         (5)(i) cleaning culverts, including head basins and outlets;
         (5)(j) resurfacing with the same or improved materials;
         (5)(k) installing, maintaining, repairing and replacing rip rap;
         (5)(l) maintaining drainage;
         (5)(m) maintaining and repairing washes and gullies;
         (5)(n) installing, maintaining, repairing, and replacing culverts as necessary to protect the existing surface from erosion;
         (5)(o) repairing washouts;
         (5)(p) installing, maintaining, repairing and replacing marker posts;
         (5)(q) installing, maintaining, and repairing water crossings;
         (5)(r) installing, maintaining, and repairing and replacing cattle guards;
         (5)(s) installing, maintaining, and repairing and replacing road signs;
         (5)(t) installing, maintaining, and repairing and replacing road striping;
         (5)(u) repair, stabilization and improvement of cut and fill slopes;
         (5)(v) application of seal coats; or
         (5)(w) snow removal. See Utah Code 72-5-301
  • 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
  • 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
     (1)(a) The state and its political subdivisions are not required to maintain highways within R.S. 2477 rights-of-way for vehicular travel unless the R.S. 2477 right-of-way encompasses a highway included on a highway system for vehicular travel.
     (1)(b) A decision to improve or not improve an R.S. 2477 right-of-way is a purely discretionary function.
(2) The holder of an R.S. 2477 right-of-way and the owner of the servient estate shall exercise their rights without unreasonably interfering with one another.
(3) The holder of the R.S. 2477 right-of-way shall design and conduct construction and maintenance activities so as to minimize impacts on adjacent federal public lands, consistent with applicable safety standards.