R930-7-2. Authority and Source Documents

  This rule is enacted under the authority of Utah Code Section 72-6-116(2), wherein UDOT is authorized and assigned responsibility to regulate and make rules for the installation, construction, maintenance, repair, renewal, system upgrade, and relocation of utility facilities within state owned and administered highway rights of way, including ordering their relocation as may become necessary.

  (1) Utah Code provides for the accommodation of utility facilities within the right of way and provides UDOT authority to promulgate rules and regulations for administering those provisions. Accordingly, this rule has been developed pursuant to the following state and federal laws, codes, regulations, policies:

  (a) Utah Code Section 54-3-29;

  (b) American Association of State Highway and Transportation Officials (AASHTO) publications, A Guide for Accommodating Utilities within Highway Right of Way and A Policy on the Accommodation of Utilities within Freeway Right of Way (2005); and

  (c) AASHTO publications, Roadside Design Guide, 2011, and A Policy on Geometric -Design of Highways and Streets, 2011.

  (2) This rule incorporates by reference 23 CFR Section 645, Subpart B, (November 22, 2000).

  (3) UDOT has secured authority from FHWA to issue permits for the use or occupancy of the right of way by utility facilities on Federal-aid highways. The use of Federal-aid highway right of way by utilities shall be in accordance with 23 CFR Section 645.215.