(1)  County roads comprise all public highways, roads, and streets within the state that:

Terms Used In Utah Code 72-3-103

  • Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
  • County legislative body: means :Utah Code 68-3-12.5
  • Department: means the Department of Transportation created in Section 72-1-201. 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.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Road: includes :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
(a)  are situated outside of incorporated municipalities and not designated as state highways;

(b)  have been designated as county roads; or

(c)  are located on property under the control of a federal agency and constructed or maintained by the county under agreement with the appropriate federal agency.

(2)  County roads are class B roads.

(3)  The state and county have joint undivided interest in the title to all rights-of-way for all county roads.

(4)  The county governing body exercises sole jurisdiction and control of county roads within the county.

(5)  The county shall construct and maintain each county road using funds made available for that purpose.

(6)  The county legislative body may expend funds allocated to each county from the Transportation Fund under rules made by the department.

(7)  A county legislative body may use any portion of the class B road funds provided by this chapter for the construction and maintenance of class A state roads by cooperative agreement with the department.

(8)  A county may enter into agreements with the appropriate federal agency for the use of federal funds, county road funds, and donations to county road funds to construct, improve, or maintain county roads within or partly within national forests.

Amended by Chapter 324, 2000 General Session