72-6-112.5.  Definitions — Nighttime highway construction noise — Exemptions — Permits.

(1)  As used in this section:

Terms Used In Utah Code 72-6-112.5

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
  • Public transit facility: means a fixed guideway, transit vehicle, transit station, depot, passenger loading or unloading zone, parking lot, or other facility:
(a) leased by or operated by or on behalf of a public transit district; and
(b) related to the public transit services provided by the district, including:
(i) railway or other right-of-way;
(ii) railway line; and
(iii) a reasonable area immediately adjacent to a designated stop on a route traveled by a transit vehicle. See Utah Code 72-1-102
  • 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
  • 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
    • (a)  “Commuter rail” means the same as that term is defined in Section 63N-3-602.

    (b) 

    (i)  “Front row receptor” means a noise-sensitive residential receptor that is:

    (A)  immediately adjacent to a transportation facility; or

    (B)  within 800 feet of a transportation facility that is within a commercial or industrialized area.

    (ii)  “Front row receptor” includes a residence that is contiguous to a property immediately adjacent to a transportation facility in a residential area.

    (c)  “Nighttime construction” means highway or public transit facility construction occurring between the hours of 10:00 p.m. and 7:00 a.m.

    (d)  “Nuisance” means the same as that term is defined in Section 78B-6-1101.

    (e) 

    (i)  “Permitted activities” means activities occurring between the hours of 7:00 p.m. and 7:00 a.m. that are related to and necessary for nighttime construction, whether occurring at the construction site or at a gravel pit or other site for production of raw materials, and includes:

    (A)  loading and unloading of trucks;

    (B)  asphalt mixing and hauling; and

    (C)  concrete mixing and hauling.

    (ii)  “Permitted activities” does not include:

    (A)  blasting; or

    (B)  crushing.

    (2)  The following projects are exempt from any noise ordinance, regulation, or standard of a local jurisdictional authority:

    (a)  a state highway construction project conducted on a road where the normal posted speed limit is 55 miles per hour or greater; or

    (b)  a commuter rail construction project.

    (3)  Except for a project described in Subsection (2), a state highway or a public transit facility construction project is exempt from any noise ordinance, regulation, or standard of a local jurisdictional authority if the department:

    (a)  provides reasonable written notice at least 48 hours in advance of any required nighttime construction to each residential dwelling located within front row receptors of the activity;

    (b)  determines a net community, including traveler community, benefit exists to conduct nighttime highway construction after considering the following:

    (i)  public health;

    (ii)  project completion time;

    (iii)  air quality;

    (iv)  traffic;

    (v)  economics;

    (vi)  safety; and

    (vii)  local jurisdiction concerns; and

    (c)  institutes best management noise reduction practices, as determined by the department, for front row receptors, in consultation with local government or the local jurisdictional authority for all nighttime construction, which may include:

    (i)  equipment maintenance;

    (ii)  noise shielding;

    (iii)  scheduling the most noise intrusive activities during the day; and

    (iv)  other noise mitigation methods.

    (4) 

    (a)  Subject to Subsection (2) or (3), a state highway project or public transit facility construction shall secure required noise permits from the local jurisdictional authority to conduct nighttime construction.

    (b)  To the extent practical, the department shall coordinate with the local jurisdictional authority during the pre-construction phase of a project to address noise exemption conditions.

    (5)  A local jurisdictional authority shall issue a nighttime construction permit limited to permitted activities if:

    (a)  the applicant provides evidence that the permitted activities are directly related to and necessary for a nighttime construction project for which the department has obtained a noise permit from a local jurisdictional authority pursuant to Subsection (4); and

    (b)  the local jurisdictional authority determines that any nuisance that may be caused by the nighttime construction may be reasonably mitigated.

    (6)  A local jurisdictional authority shall issue a nighttime construction noise permit without additional requirements to the department at the request of the department or the department’s designated project agent if the requirements of Subsection (2) or (3) are met.

    (7) 

    (a)  A local jurisdictional authority may request adjustments to a nighttime construction permit to mitigate unreasonable noise disturbances caused by nighttime construction or permitted activities.

    (b)  If adjustments are requested as described in Subsection (7)(a), the nighttime construction permit holder shall use best management noise reduction practices to mitigate unreasonable noise disturbances.

    (8) 

    (a)  For the exemption provided in Subsection (3) and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules establishing procedures:

    (i)  for a local jurisdictional authority or local government to appeal the decision of the department to conduct nighttime construction; and

    (ii)  for the local jurisdictional authority to request that the department enforce the terms of a noise permit.

    (b)  After review and upon receiving a written notice from a local jurisdictional authority that the conditions for the noise exemption permit are not met, the department shall take corrective action to ensure nighttime construction activities meet requirements of the local permit.

    Amended by Chapter 22, 2023 General Session

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