Utah Code 54-23-104. Right-of-way crossing — Construction
Current as of: 2023 | Check for updates
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Terms Used In Utah Code 54-23-104
- Crossing: means a telecommunications facility constructed under or across a railroad right-of-way:
(i) at an angle between 80 degrees and 100 degrees; (ii) with a minimum depth of: (A) 10 feet below rail level for nonhorizontal directional drilling; or (B) 15 feet below rail for horizontal directional drilling; and (iii) within a county that is not a county of the first class. See Utah Code 54-23-102 - Fiber optic carrier: means a telecommunications corporation or a telecommunications corporation's contractor or agent. See Utah Code 54-23-102
- 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
- Writing: includes :Utah Code 68-3-12.5
Unless the railroad notifies the fiber optic carrier in writing or electronically that the approved crossing is a serious threat to the safe operation of the railroad or to the current or future use of the railroad right-of-way, would violate any federal law or regulation applicable to a public transit district, or would violate an agreement between a public transit district and the federal government, the railroad shall issue the permit or crossing agreement and schedule flagging to occur within 45 calendar days of the approved application.Enacted by Chapter 452, 2019 General Session