(1)  As used in this section:

Terms Used In Utah Code 54-13-7

  • Commission: means the Public Service Commission. See Utah Code 54-2-1
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means :Utah Code 68-3-12.5
  • Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
  • Railroad: includes every commercial, interurban, and other railway, other than a street railway, and each branch or extension of a railway, by any power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, yards, grounds, terminals, terminal facilities, structures, and equipment, and all other real estate, fixtures, and personal property of every kind used in connection with a railway owned, controlled, operated, or managed for public service in the transportation of persons or property. See Utah Code 54-2-1
(a)  “Main” has the meaning set forth in 49 C.F.R. § 192.3.

(b)  “Minimum distance” means:

(i)  the width of a recorded easement when the width is described;

(ii)  15 feet when the width of a recorded easement is undefined; or

(iii)  for any underground facility, it means an area measured one foot vertically and three feet horizontally from the outer surface of a main or transmission line.

(c)  “Transmission line” has the meaning set forth in 49 C.F.R. § 192.3.

(d)  “Underground facility” has the meaning set forth in Section 54-8a-2.

(2) 

(a)  After April 30, 1995, a building or structure requiring slab support or footings, or an underground facility may not be placed within the minimum distance of a main or transmission line.

(b)  Subsection (2)(a) does not apply if:

(i)  the building or structure is used for public or railroad transportation, natural gas pipeline purposes, or by a public utility subject to the jurisdiction or regulation of the Public Service Commission;

(ii)  in order to receive natural gas service, the building or structure must be located within the minimum distance of the pipeline;

(iii)  the owner or operator of the main or transmission line has been notified prior to construction or placement pursuant to Section 54-8a-4 and has given written permission; or

(iv)  the commission by rule exempts such action from the provisions of Subsection (2)(a).

(3)  An owner or operator of a main or transmission line may obtain a mandatory injunction from the district court of the judicial district in which the main or transmission line is located against any person who violates Subsection (2).

(4)  The penalties specified in Title 54, Chapter 7, Hearings, Practice, and Procedure, do not apply to a violation of this section.

Amended by Chapter 340, 2011 General Session

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