No. 40935 (5-year Review): Rule R933-2. Control of Outdoor Advertising Signs

DAR File No.: 40935
Filed: 11/02/2016 09:47:29 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 Section 72-7-501. The purpose of the rule is to implement the Utah Outdoor Advertising Act per the Utah Federal/State Agreement dated 01/18/1968 (Rule R933-5).

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 received a limited amount of written comments from interested parties when the rule was last updated, 09/23/2015. Those comments were related to the public hearing that was held in advance of the rule update and the customary 30-day public comment period prior to rule enactment. No other comments on this rule have been received other than when the Department completed the public involvement portions of the rule update process.

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

The law requiring effective control of outdoor advertising remains in force, and the Department is required to comply with the law by having this rule in place. Without this rule, the state could incur a recurring $30,000,000 penalty that would come out of the state's apportionment of federal highway funding monies. Therefore, this rule should be continued. The few public comments received during the last substantive update in 2015 were addressed as part of the customary rule update process. Beyond the feedback solicitations associated with the 2015 update process, no other comments have been received.

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

Transportation
Preconstruction, Right-of-Way Acquisition
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]
• Michelle Jeronimo at the above address, by phone at 801-965-3883, by FAX at , 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:

11/02/2016

Authorized by:

Carlos Braceras, Executive Director

---