R930-7-13. Deviations

  (1) Deviations from provisions of this rule may be allowed if they do not violate state and federal statutes, law, or regulations and UDOT has determined the use of the right of way will be for the public good without compromising the transportation purposes of the right of way.

  (2) Requests for deviations with limited impact may be considered by UDOT on an individual basis, upon justification submitted by the utility company. UDOT will not consider cost to the utility company as the primary deciding factor in granting a deviation.

  (3) Requests for significant deviations must demonstrate extreme hardship and unusual conditions and provide justification for the deviation. Requests must demonstrate that alternative measures can be specified and implemented and still fulfill the intent of state and federal statute and regulations. Requests for these deviations must include the following:

  (a) formal request by the utility company; and

  (b) an evaluation of the direct and indirect design, safety, environmental, and economic impacts associated with granting a deviation.

  (4) In order for UDOT to grant a significant deviation the following approvals are necessary:

  (a) formal recommendation for approval by the UDOT Region Preconstruction Engineer and Permits Officer or the officer's supervisor, as applicable;

  (b) formal recommendation for approval from the UDOT Region Director or designee;

  (c) concurrence of the UDOT Statewide Railroad and Utilities Director; and

  (d) FHWA concurrence if the deviation applies to a utility facility located within a Federal-aid highway right of way.

  (5) For UDOT projects that are solely state funded, UDOT may deviate from the utility relocation regulations contained in the Code of Federal Regulations by reimbursing a utility company for replacement of existing buildings with functionally equivalent buildings, if the following requirements are met:

  (a) the utility company owns the property in fee that UDOT needs to acquire for its project;

  (b) the utility company owns operational facilities located upon, below or above the property;

  (c) the utility company owns a building on the property that provides maintenance services for the utility facility;

  (d) a property purchase in accordance with 49 CFR 24 will not adequately compensate the utility company's costs to relocate and functionally re-establish the maintenance facility; and

  (e) the deviation promotes the public interest.