No. 36756 (5-year Review): Rule R933-5. Utah-Federal Agreement for the Control of Outdoor Advertising

DAR File No.: 36756
Filed: 09/12/2012 02:21:21 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:

The Utah-Federal Agreement was executed by the governor of Utah and the secretary of the United States Department of Transportation's Federal Highway Administrator on 01/18/1968. It sets out the parameters by which Utah agrees to manage and regulate outdoor advertising along the federal highway system. It is enacted under the authority of Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act.

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

This rule has been in place for almost four and a half decades. No specific written comments were received within the past five years regarding specific support for, or opposition to, this rule.

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

The Utah-Federal Agreement is derived from the Federal Highway Beautification Act, which compels the states to "effectively control" outdoor advertising. Ten percent of all federal highway funding in the State of Utah is tied to the continuation of Rule R933-5. Failing to continue this rule would place the State of Utah in default violation of the Federal Highway Beautification Act, which would result in a ten percent reduction of all available federal highway funding. 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, 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]

Authorized by:

John Njord, Executive Director

Effective:

09/12/2012

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