72-1-212.  Special use permitting — Rulemaking.

(1)  As used in this section:

Terms Used In Utah Code 72-1-212

  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
  • Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
  • 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State highway: means those highways designated as state highways in Title 72, Chapter 4, Designation of State Highways Act. See Utah Code 72-1-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)  “Law enforcement agency” means the same as that term is defined in Section 53-3-102.

(b)  “Special use permit” means a permit issued:

(i)  for a special use or a special event that takes place on a highway; or

(ii)  to a law enforcement agency to install an automatic license plate reader on a state highway for the purpose of capturing license plate data of vehicles traveling on a state highway, regardless of whether the device is installed on property owned by the department or the law enforcement agency.

(2)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in consultation with representatives of the Utah League of Cities and Towns and the Utah Association of Counties, the department shall make rules that are not inconsistent with this chapter or the constitution and laws of this state or of the United States governing the issuance of a special use permit to maintain public safety and serve the needs of the traveling public.

(3)  The rules described in Subsection (2) may:

(a)  establish the highways for which the highest number of special use permits are issued;

(b)  develop, in consultation with municipalities, a limit on the number of special use permits that may be issued in any calendar year on a particular highway;

(c)  require a person to submit an application designated by the department before the department issues a special use permit;

(d)  limit the number of special use permits issued on any one day for any specified location based on a first-come, first-served basis for completed applications;

(e)  establish criteria for evaluating completed applications, such as historic use, potential economic benefit, or other relevant factors;

(f)  specify conditions that are required to be met before a special use permit may be issued;

(g)  establish a penalty for failure to fulfill conditions required by the special use permit, including suspension of the special use permit or suspension of a future special use permit;

(h)  require an applicant to obtain insurance for certain special uses or special events; or

(i)  provide other requirements to maintain public safety and serve the needs of the traveling public.

(4)  The limit on the number of special use permits described in Subsection (3)(b) may not include:

(a)  a special use permit issued for a municipality-sponsored special use or special event on a highway within the jurisdiction of the municipality; or

(b)  a special use permit issued to a law enforcement agency to install a device as part of an automatic license plate reader system authorized by Section 41-6a-2003.

(5)  The rules described in Subsection (2) shall consider:

(a)  traveler safety and mobility;

(b)  the safety of special use or special event participants;

(c)  emergency access;

(d)  the mobility of residents close to the event or use;

(e)  access and economic impact to businesses affected by changes to the normal operation of highway traffic;

(f)  past performance of an applicant’s adherence to special use permit requirements; and

(g)  whether a law enforcement agency applying for a special use permit has published a policy online as required by Section 41-6a-2003.

(6)  Notwithstanding any other provision of this chapter, the department may also require a law enforcement agency applying for a special use permit described in this section to obtain an encroachment permit.

(7)  The department shall adopt a fee schedule in accordance with Section 63J-1-504 that reflects the cost of services provided by the department associated with special use permits and with special uses or special events that take place on a highway.

(8)  For a device installed in accordance with Section 41-6a-2003, the installation, maintenance, data collection, and removal are the responsibility of the law enforcement agency that obtains the special use permit.

(9) 

(a)  The department shall preserve a record of special use permits issued to a law enforcement agency, including the stated purpose for each permit.

(b)  The department shall preserve a record identified in Subsection (9)(a) for at least five years.

Amended by Chapter 524, 2023 General Session

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