R916. Transportation, Operations, Construction.R916-7. Appeals to UDOT Decisions on and Requesting Compliance with Nighttime Noise Permits.
R916-7-1. Purpose.
The purpose of this rule is to establish a procedure for a local jurisdictional authority or local government to appeal the decision of the Department to conduct highway construction at night on roads where the usually posted speed limit is less than 55 miles per hour.
R916-7-2. Authority.
The Department has general rulemaking authority under Section 72-1-201 and is required to make this rule in accordance with Section 72-6-112.5.
R916-7-3. Appealing Decisions of the Department.
1. A local jurisdictional authority may appeal the Department's decision to conduct highway work at night by filing a written appeal with the Department within 10-days of receiving written notice of the Department's decision to perform work at night.
2. The Region Director in which the night work is performed will respond to the local jurisdictional authority's appeal in writing within 5-days of receiving the appeal and may conduct an informal hearing before responding to the appeal.
3. If the Region Director denies the appeal, the local jurisdictional authority may appeal the Region Director's decision to the Executive Director, in writing, within 10-days of the date the local jurisdictional authority receives the denial.
4. The Executive Director will respond in writing to an appeal within 5-days of receiving the appeal.
5. The decision of the Executive Director shall be administratively final.
R916-7-4. Requests to Enforce Terms of a Noise Permit.
1. A local jurisdictional authority may ask the Department to enforce the terms of a noise permit by submitting a written request to the Region Director.
2. After reviewing a written request from a local jurisdictional authority to enforce the conditions for the noise exemption permit, the Department shall initiate corrective action within 24 hours to ensure nighttime highway construction activities meet requirements of the local permit.
KEY: appeals, noise permits, procedures, compliance
Date of Last Change: November 9, 2025
Notice of Continuation: July 30, 2026
Authorizing, and Implemented or Interpreted Law: 72-6-112.5
