R926-2-6. Procedure for Evaluating Proposed Changes to the State System

  The procedure for evaluating proposed changes to the state highway system is as follows:

  (1) The Region Director shall:

  (a) notify all impacted local government agencies of the proposed change;

  (b) make a preliminary review of the proposed change that may include but not be limited to:

  (i) determine of what, if any funding will accompany the road Transfer;

  (ii) determine of what, if any, physical improvements may be necessary on the roadway before the Transfer is completed;

  (iii) secure a written statement from the Local Highway Authority regarding the proposed Transfer;

  (iv) make a judgment as to which highway authority has the best operational abilities for maintenance and construction activities on the proposed route; and

  (v) determine if the highway continuity and the efficiency of state highway system operation and maintenance activities is impacted by the proposed change.

  (c) forward the proposed Transfer along with the results of the preliminary review to the Program DevelopmentDirector; and

  (d) present and discuss potential road Transfers at the regularly scheduled monthly Transportation Commission meetings.

  (2) The Program Development Director shall review the request from the region director and shall:

  (a) determine if the proposed Transfer meets the criteria in Utah Code Section 72-4-102.5 to qualify for inclusion on the state highway system and is consistent with statewide practice;

  (b) with the Director of Program Financing, identify the source of funds, if any, proposed to accompany the Transfer; and

  (c) shall present the evaluation to the Commission with a recommendation whether the route qualifies for inclusion on the state highway system and any proposed funding considerations;

  (3) The Commission shall review the recommendation and shall:

  (a) consider the proposed Transfer at a public meeting where the affected local officials are invited to discuss and comment on the proposed change;

  (b) discuss any funding considerations and the circumstances under which the proposed Transfer will take place;

  (c) take into account any other factors considered appropriate in consultation with the Department and Local Highway Authority impacted;

  (d) approve or reject the proposed change in the state highway system;

  (e) if it approves the Transfer, make the required changes to the state highway system by resolution; and

  (f) report to the Transportation Interim Committee of the Legislature as detailed in Subsection 926-2-4(3).

  (4) The Commission may continue to process proposed Transfers that are currently under consideration by using the same notification and evaluation criteria as presented in this rule.

  (5) As provided in 72-4-102, the State Legislature must approve additions to or deletions from the state highway system.