State Codes and Statutes
Statutes > Utah > Title-54 > Chapter-03 > 54-3-2954-3-29. Removal, relocation, or alteration of utility facility in public highwayconstruction or reconstruction -- Notice -- Cooperation.
(1) As used in this section:
(a) "Design-build" means a design-build transportation project for which a design-buildtransportation project contract is issued, within the meaning of Section 63G-6-502.
(b) "Municipality" is as defined in Section 10-1-4.
(c) "Political subdivision" means a:
(i) county; or
(ii) municipality.
(d) "Public agency" means an entity of state government or a political subdivision.
(e) "Public highway" means a highway, street, road, or alley constructed for public use inthe state.
(f) "Utility company" means a privately, cooperatively, or publicly owned utility,including a utility owned by a political subdivision, that provides service using a utility facility.
(g) "Utility facility" means:
(i) a telecommunications, gas, electricity, cable television, water, sewer, or data facility;
(ii) a video transmission line;
(iii) a drainage and irrigation system; or
(iv) a facility similar to those listed in Subsections (1)(g)(i) through (iii) located in, on,along, across, over, through, or under any public highway.
(2) If a public agency engages in or proposes to engage in a construction orreconstruction project on a public highway that may require the removal, relocation, or alterationof a utility facility, the public agency shall:
(a) contact an association, established under Title 54, Chapter 8a, Damage toUnderground Utility Facilities, to identify each utility company that may have a utility facility inthe area of the construction or reconstruction project;
(b) identify a utility company that has an above-ground utility facility in the area of theproposed construction or reconstruction project; and
(c) electronically notify each utility company identified in accordance with Subsections(2)(a) and (b).
(3) The notice required by Subsection (2)(c) shall:
(a) be made as early as practicable and at least 30 days:
(i) before the preliminary design or project development meeting;
(ii) before issuance of a request for proposal for a design-build project; or
(iii) after a change in scope of a design-build project;
(b) include:
(i) information concerning the proposed project design;
(ii) the proposed date of a required removal, relocation, or alteration of a utility facility;
(iii) the federal identifying project number, if applicable; and
(c) advise the utility company if the proposed project may qualify for aid for the utilitycompany's expense in removing, relocating, or altering a utility facility.
(4) A public agency shall permit a utility company notified under Subsection (2) toparticipate in the preliminary design or project development meeting, or similar meeting at whichthe project design is addressed.
(5) (a) A public agency shall, not less than 30 days after providing notice under
Subsection (2) to each utility company, provide the utility company an opportunity to meet withthe public agency to allow the utility company to:
(i) review project plans;
(ii) understand the objectives and funding sources for the proposed project;
(iii) provide and discuss recommendations to the public agency that may reasonablyeliminate or minimize utility removal, relocation, or alteration costs, limit the disruption of utilitycompany services, or eliminate or reduce the need for present or future utility facility removal,relocation, or alteration; and
(iv) provide reasonable schedules to enable coordination of the construction project andremoval, relocation, or alteration of a utility facility.
(b) If a public agency provides a utility company with reasonable opportunities to meet inaccordance with Subsection (5)(a), the utility company's failure to meet does not affect the publicagency's ability to proceed with the project.
(6) While recognizing the essential goals and objectives of the public highway agency inproceeding with and completing a project, the parties shall use their best efforts to find ways to:
(a) eliminate the cost to the utility of relocation of the utility facilities; or
(b) if elimination of the costs is not feasible, minimize the relocation costs to the extentreasonably possible.
(7) A utility company notified under Subsection (2) shall coordinate with the publicagency concerning the utility facility removal, relocation, or alteration, including the schedulingof the utility facility removal, relocation, or alteration.
(8) A public agency and a utility company may address the removal, relocation, oralteration of a utility facility in relation to a construction or reconstruction project on a publichighway in a franchise agreement in lieu of this section, if the public agency is otherwisepermitted to enter into the franchise agreement.
(9) This chapter does not affect a public agency's authority over a public right-of-way,including any rule, ordinance, order to relocate a utility as provided in Section 72-6-116, or othervalid provision governing the use of the public right-of-way.
Enacted by Chapter 272, 2010 General Session
