R930-7-1. Purpose

  (1) The purpose of this rule is to:

  (a) maximize public safety;

  (b) provide for efficient highway operations and maintenance of roadways:

  (c) maximize aesthetic quality;

  (d) minimize future conflicts between the highway system and utility companies serving the public; and

  (e) ensure that use and occupancy by utility companies do not impair or increase the cost of future highway construction, expansion, or maintenance or interfere with any right of way reserved for these purposes.

  (2) This rule prescribes conditions under which utility facilities may be accommodated within the right of way and sets forth the state's regulations covering the placement and relocation of utility facilities in conflict with the construction and maintenance of highways. This rule applies to any and every facility, utility, or other structure located in the right of way not owned by the Department or the State of Utah.

  (3) This rule should be interpreted to achieve maximum lawful public use of the right of way for transportation purposes and to ensure that utility installations and operations affecting state right of way are accomplished in accordance with state and federal laws and regulations. It is in the public interest for utility facilities to be accommodated within rights of way when the accommodation does not adversely affect public safety, the integrity of highway features, or occupy space within the right of way that conflicts with current or future transportation purposes or uses. The permitted use and occupancy of right of way for non-highway purposes, such as utilities, is subordinate to the primary and highest interest for transportation and safety of the traveling public. Utility facilities may be required to relocate outside of the right of way to accommodate UDOT's projects.

  (4) This rule is provided to facilitate the establishment of consistent expectations and effective working relationships between UDOT and utility companies through continuous communication, coordination, and cooperation.

  (5) Through the Code of Federal Regulations (23 CFR Section 645.215(a)), the U.S. Department of Transportation requires each state to submit a statement to the Federal Highway Administration (FHWA) on the authority of utility companies to use and occupy the right of way of state highways, the state highway agency's power to regulate the use, and the policies the state employs or proposes to employ for accommodating utilities within the right of way of Federal-aid highways under its jurisdiction. This rule demonstrates compliance to FHWA.