NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Repeal and Readopt
1. Agency Information
Transportation, Operations, Maintenance
Salt Lake City, UT 84114-8455
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R918-6. Maintenance Responsibility at Intersections, Overcrossings, and Interchanges between Class A Roads and Class B or Class C Roads
B. Purpose of the new rule or reason for the change:
Following extensive review and discussion, the Department of Transportation (department) has determined that several sections in this rule required clearer language and that certain areas of maintenance responsibility, including fencing and active transportation, needed to be addressed in this rule.
In addition, the lighting provisions in this rule needed to be updated to reflect statutory changes made during the 2025 General Session. With such substantial edits to this rule, the department determined that a repeal and readopt is the most appropriate filing in this situation.
C. Summary of the new rule or change:
Key changes include:
1) improving clarity throughout this rule for better readability and understanding;
2) updating lighting standards to clarify lighting responsibilities and harmonize them with new statutory requirements;
3) establishing fencing responsibilities that mirror UDOT's long-standing fencing policy;
4) clarifying provisions related to grade-separated intersections;
5) delineating specific responsibilities for active transportation facilities; and
6) harmonizing the text with the Rulewriting Manual for Utah.
Also changes the rule catchline from "Maintenance Responsibility at Intersections, Overcrossings, and Interchanges between Class A Roads and Class B or Class C Roads" to "Maintenance Responsibilities".
4. Legislative Action Information
A. Are any changes in this filing because of state legislative action?
Changes are because of legislative action.
B. If yes, any bill number and session:
SB 195 (2025 General Session)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
The department anticipates no aggregate anticipated cost or savings to the state budget because these changes are merely clerical in nature (updating code references, definitions, improving clarity in descriptions of procedures, and reorganizing the rule).
As for the new provisions addressing fencing maintenance responsibilities, the department was already in the practice of implementing these fencing maintenance practices before these proposed changes would go into effect, and thus this rule will not have an impact on the state budget.
The department anticipates no aggregate anticipated cost or savings to local governments because these changes are merely clerical in nature (updating code references, definitions, improving clarity in descriptions of procedures, and reorganizing the rule).
As for the new provisions addressing fencing maintenance responsibilities, the department was already in the practice of implementing these fencing maintenance practices before these proposed changes would go into effect, and thus this rule will not have a new impact on local governments.
The department is not in the position to calculate the fiscal costs of such fencing responsibilities, but it anticipates that such costs will be negligible.
C. Small businesses ("small business" means a business employing 1-49 persons):
The department anticipates no aggregate anticipated cost or savings to small businesses because these changes are merely clerical in nature (updating code references, definitions, improving clarity in descriptions of procedures, and reorganizing the rule).
As for the new provisions addressing fencing maintenance responsibilities, the department was already in the practice of implementing these fencing maintenance practices before these proposed changes would go into effect, and thus this rule will not have a new impact on small businesses.
The department is not in the position to calculate the fiscal costs of such fencing responsibilities, but it anticipates that such costs will be negligible.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
The department anticipates no aggregate anticipated cost or savings to non-small businesses because these changes are merely clerical in nature (updating code references, definitions, improving clarity in descriptions of procedures, and reorganizing the rule).
As for the new provisions addressing fencing maintenance responsibilities, the department was already in the practice of implementing these fencing maintenance practices before these proposed changes would go into effect, and thus this rule will not have a new impact on non-small businesses.
The department is not in the position to calculate the fiscal costs of such fencing responsibilities, but it anticipates that such costs will be negligible.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
The department anticipates no aggregate anticipated cost or savings to persons because these changes are merely clerical in nature (updating code references, definitions, improving clarity in descriptions of procedures, and reorganizing the rule).
As for the new provisions addressing fencing maintenance responsibilities, the department was already in the practice of implementing these fencing maintenance practices before these proposed changes would go into effect, and thus this rule will not have a new impact on persons.
The department is not in the position to calculate the fiscal costs of such fencing responsibilities, but it anticipates that such costs will be negligible.
F. Compliance costs for affected persons:
It will not cost an impacted entity anything to adhere to this rule.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Transportation, Carlos M Braceras, PE, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Carlos M Braceras, PE, Commissioner
R918. Transportation, Operations, Maintenance.
[R918-6. Maintenance Responsibility at Intersections, Overcrossings, and Interchanges between Class A Roads and Class B or Class C Roads. Section 72-1-201 assigns to the Utah Department of Transportation general responsibility for the maintenance of the state transportation system, and directs the department to make policy and rules governing the same, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. Sections 72-3-102, 72-3-103, and 72-3-104 assign maintenance responsibility for Class A Roads (state roads), Class B Roads (county roads), and Class C Roads (city streets), to the state, counties, and municipalities, respectively. Section 72-1-208 directs the department to cooperate with counties and municipalities in the maintenance of highways and allows the department to provide maintenance services to them under terms mutually agreed upon. Section 72-3-109 delineates the division of responsibilities for state highways within cities and towns. Section 72-6-105 provides that the department may enter into written agreements with counties and municipalities for the maintenance of any highway. R918-6-2. Purpose and Background. (1) The purpose of this rule is to assign maintenance responsibility between the department and the local government entity for roadway and roadside features at the intersection of state and local roads, including grade-separated interchanges, overcrossings, undercrossings, and at-grade intersections. (2) In general, the department is responsible for the maintenance of all state roads, including roadside features associated with those roads, except as otherwise delineated in state law. Likewise, county and municipal governments are responsible for roads under their jurisdiction. (3) In the case of bridges, the department is responsible for the maintenance of bridges on the state highway system, and county and municipal governments are responsible for maintenance of bridges on their respective road systems. UDOT is responsible for, and carries out, inspections on all highway bridges located on public roads, both on the state highway system and on the local road system, on a schedule that results in an inspection for each bridge every two years. Prior to a scheduled inspection, local government will be notified and invited to attend the inspection. Subsequent to each inspection, UDOT supplies a bridge inspection summary to the entity responsible for maintenance of the bridge (UDOT maintenance shed in the case of bridges on the state highway system, or the local government in the case of bridges on the local road (i) if a local government entity fails to perform routine maintenance or preservation work recommended in a UDOT in-service bridge inspection, and UDOT determines that rehabilitation work has become necessary as a result, the local government entity and UDOT shall meet to negotiate how the cost of the rehabilitation work will be shared; and(ii) the local government entity is responsible for consulting with UDOT before undertaking any work that would add dead load to the bridge. (f) when a local road crosses over a local road, UDOT is responsible for the following unless stated otherwise in a written agreement between UDOT and the local government entity: (i) performing in-service bridge inspections; (ii) performing load-rating analysis; and (iii) providing recommended actions from the in-service bridge inspection to the local government entity; and (g) when a local road crosses over a local road, the local government entity is responsible for: (i) performing routine maintenance, preventative preservation actions, repairs, and replacement of the bridge and the bridge's associated components, including UDOT recommended actions from an in-service bridge inspection; (ii) submitting records to UDOT regarding any work on a bridge in response to UDOT recommended actions; (iii) submitting records to UDOT regarding any work that requires a revised load-rating analysis; (iv) providing, installing, and maintaining load posting signs required by a UDOT load rating analysis; and (v) within 30 days from notification by UDOT, installing or updating load posting signs. (2) UDOT and a local government entity shall determine, by written agreement, the responsibilities for an active-transportation facility that crosses a state road, whether by crossing over or under the state road. (3) In the absence of an agreement described in Subsection (2), for an active-transportation facility that crosses over a state road: (a) if constructed through an encroachment permit, the local government entity is responsible for maintenance, repair, in-service inspection, and replacement when necessary; (b) if constructed through a UDOT project at the request of a local government entity, the local government entity is responsible for maintenance, repair, in-service inspection, and replacement when necessary; and (c) if constructed through a UDOT project other than as described in Subsection (3)(b): (i) UDOT is responsible for repair, in-service inspection, and replacement when necessary; and (ii) the local government entity is responsible for maintenance. (4) In the absence of an agreement described in Subsection (2), for an active-transportation facility that crosses at grade under a state road, the local government entity is responsible for maintenance, repair, and replacement when necessary. (5) In the absence of an agreement described in Subsection (2), for an active-transportation facility that crosses under a state road within a buried structure: (a) UDOT is responsible for repair, in-service inspection, and replacement of structural elements when necessary; and (b) the local government entity is responsible for maintenance. KEY: maintenance, intersections, interchanges, structures
Date of Last Change: 2026[February 7, 2018] Notice of Continuation: June 23, 2022
Authorizing, and Implemented or Interpreted Law: 72-1-201; 72-1-208; 72-3-102; 72-3-103; 72-3-104; 72-3-109; 72-6-105
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