No. 42085 (5-year Review): Rule R930-7. Utility Accommodation

DAR File No.: 42085
Filed: 09/12/2017 01:25:31 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is promulgated pursuant to Subsection 72-6-116(2), which authorizes the Utah Department of Transportation (UDOT) to regulate and make rules for the installation, construction, maintenance, repair, renewal, system upgrade, and relocation of utility facilities within state administered highways, including ordering their relocation as may become necessary.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Department has received written comments during and since the last five-year review of the rule from interested persons supporting or opposing the rule. CenturyLink submitted written comments on 10/17/2016 that suggested UDOT make several substantive changes, as well as a number of technical, stylistic, and grammatical changes to a proposed amendment to the rule. Persons within UDOT responsible for Rule R930-7 reviewed, discussed, and considered CenturyLink's suggested changes to the proposed amendment during a meeting held on 10/20/2016. Some of CenturyLink's suggestions were accepted and edited into the proposed rule, while others were not.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Through the Code of Federal Regulations (23 CFR 645.215(a)), the U.S. Department of Transportation requires each state to submit a statement to the Federal Highway Administration (FHWA) on the authority of utility companies to use and occupy the right of way of state highways, the state highway agency's power to regulate the use, and the policies the state employs or proposes to employ for accommodating utilities within the right of way of federal-aid highways under its jurisdiction. This rule demonstrates compliance with 23 CFR Part 645.215(a) and to FHWA. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]
• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]
• Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at [e-mail]

Effective:

09/12/2017

Authorized by:

Carlos Braceras, Executive Director

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