72-6-111 - Construction and maintenance of appurtenances -- Noise abatement measures. - Utah Statutes

72-6-111. Construction and maintenance of appurtenances -- Noise abatementmeasures.
(1) The department is authorized to construct and maintain appurtenances along the statehighway system necessary for public safety, welfare, and information. Appurtenances includehighway illumination, sidewalks, curbs, gutters, steps, driveways, retaining walls, fire hydrants,guard rails, noise abatement measures, storm sewers, and rest areas.
(2) A noise abatement measure may only be constructed by the department along ahighway when:
(a) the department is constructing a new state highway or performing majorreconstruction on an existing state highway;
(b) the Legislature provides an appropriation or the federal government provides fundingfor construction of retrofit noise abatement along an existing state highway; or
(c) the cost for the noise abatement measure is provided by citizens, adjacent propertyowners, developers, or local governments.
(3) In addition to the requirements under Subsection (2), the department may onlyconstruct noise abatement measures within the unincorporated area of a county or within amunicipality that has an ordinance or general plan that requires:
(a) a study to be conducted to determine the noise levels along new developmentadjacent to an existing state highway or a dedicated right-of-way; and
(b) the construction of noise abatement measures at the expense of the developer ifrequired to be constructed under standards established by a rule of the department.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedepartment shall make rules establishing:
(a) when noise abatement measures are required to be constructed, including standardsfor decibel levels of traffic noise;
(b) the decibel level of traffic noise which identifies the projects to be programmed bythe commission for the earliest construction of retrofit noise abatement measures funded underSubsection (2)(b) based on availability of funding; and
(c) a priority system for the construction of other retrofit noise abatement measures thatmeet or exceed the standards established under this section and are funded under Subsection(2)(b) which includes:
(i) the number of residential dwellings adversely affected by the traffic noise;
(ii) the cost effectiveness of mitigating the traffic noise; and
(iii) the length of time the decibel level of traffic noise has met or exceeded the standardsestablished under this section.

Amended by Chapter 382, 2008 General Session