No. 41942 (5-year Review): Rule R918-6. Maintenance Responsibility at Intersections, Overcrossings, and Interchanges between Class A Roads and Class B or Class C Roads

DAR File No.: 41942
Filed: 07/19/2017 03:52:28 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:

Section 72-1-201 assigns the Utah Department of Transportation (UDOT) general responsibility for the maintenance of the state transportation system, and directs UDOT to make policy and rules governing the same, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. Sections 72-3-102, 72-3-103, and 72-3-104 assign maintenance responsibility for Class A Roads (state roads), Class B Roads (county roads), and Class C Roads (city streets), to the state, counties, and municipalities, respectively. Section 72-1-208 directs UDOT to cooperate with counties and municipalities in the maintenance of highways and allows UDOT to provide maintenance services to them under terms mutually agreed upon. Section 72-3-109 delineates the division of responsibilities for state highways within cities and towns. Section 72-6-105 provides that UDOT may enter into written agreements with counties and municipalities for the maintenance of any highway. This rule assigns maintenance responsibilities between UDOT and the local government entities for roadway and roadside features at the intersection of state and local roads, including grade-separated interchanges, overcrossings, undercrossings, and at-grade intersections.

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

UDOT has not received any written comments during and since the last five-year review of the rule from interested persons supporting or opposing the rule.

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

The statutory provisions that this rule is enacted under are still effective, and the road maintenance responsibilities this rule delegates between UDOT and local governments are still needed. Therefore, this rule must be continued for the foreseeable future.

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

Transportation
Operations, Maintenance
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:

07/19/2017

Authorized by:

Carlos Braceras, Executive Director

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