No. 35423 (5-year Review): Rule R930-6. Manual of Accommodation of Utility Facilities and the Control and Protection of State Highway Rights-of-Way

DAR File No.: 35423
Filed: 11/14/2011 08:40:35 AM

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 enacted under Sections 72-3-109, 72-6-116, 72-7-102, and 72-7-108 which authorize or require the department to make rules governing approach roads and driveways, regulating in state rights of way the installation, construction, maintenance, repair, renewal, system upgrade, and relocation of utilities, excavation and installation of other facilities, including telecommunication facilities.

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

There have been no comments from interested persons received during and since the last five-year review.

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

This rule is necessary for the department to govern approach roads and driveways, regulate in state rights of way the installation, construction, maintenance, repair, renewal, system upgrade, and relocation of utilities, excavation and installation of other facilities, including telecommunication facilities, as authorized or required by Sections 72-3-109, 72-6-116, 72-7-102, and 72-7-108 and to ensure the safe use and protection of federal-aid highways. Therefore, this rule should be continued.

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:

• Linda Barrow at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]

Authorized by:

John Njord, Executive Director

Effective:

11/14/2011

---