Utah Code 72-5-303. Maintenance — Impact on adjacent land owners
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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. - Highway: includes :