the permittee to improve, modify, eliminate, or correct the condition responsible for the variance when it is evident that the justification for the variance is no longer valid. Such stipulations and requirements shall be stated in the approved permit.R930-6-10. Conditions of Right-of-Way Use.
(1) General.
(a) This section describes conditions that apply to all connections, encroachments, and uses of the state highway right-of-way. The conditions and requirements of this section are in addition to other conditions, limitations, and requirements of this rule and the conditional access permit and encroachment permit.
(2) Right-of-way encroachment requirements.
(a) Prohibited right-of-way uses. The state highway right-of-way shall not to be used by anyone other than the Department for servicing vehicles or equipment, displays, sales, exhibits, business overhang signs, parking areas, banners, or any other form of advertising, or conducting of private business.
(i) The Department at its sole discretion may waive the provision of (2)(a) for electric vehicle charging stations, approved park and ride lots, and dedicated meter parking stalls only in instances where a formal written agreement has been agreed upon and executed between the Department and the local government within which the waiver is requested.
(b) Buildings and structures. The placement of buildings or structures of any type within state highway rights-of-way is not allowed unless authorized by a permit obtained from the Department.
(c) Special advertisement may be allowed within the state highway right-of-way if it will not compromise traffic flow or safety and will be in the public interest. An approved encroachment to occupy the right-of-way for such advertising may be issued, for a time not to exceed one week. All such special advertisement shall not conflict with any provisions of Utah's Outdoor Advertising Act.
(d) Mailboxes. Installation of new mailboxes must be approved by the appropriate Department Region Director or an authorized representative. All new mailboxes placed within a state highway right-of-way must be constructed in conformance with UDOT standard drawings. Existing mailboxes located within the state highway right-of-way must be maintained or corrected to conform to the Department standards. Owners of mailboxes deemed nonconforming shall be notified in writing by the Department Region Director or an authorized representative. Within thirty days of receipt of notice, the owner must, at its own expense, reconstruct the mailbox or otherwise correct any deficiencies to conform to current safety standards and regulations of the Department. The Department may contact the postmaster and stop delivery of mail until compliance is achieved. Mailboxes may be deemed nonconforming for the following:
(i) Mailboxes that constitute a traffic hazard are considered nonconforming.
(ii) Mailboxes and supports that are in poor repair and detract from the appearance of the highway may be considered nonconforming.
(iii) Any part of a mailbox that is over 50 inches high is considered nonconforming
(iv) Any part of a mailbox that is located within the shoulder is considered nonconforming.
(v) Mailbox supports that exceed any of the following criteria are considered nonconforming:
(A) Wood support with over 16 square inches cross-sectional area.
(B) Metal support with greatest dimension over 3.5 inches.
(C) Metal pipe support of over 2 inches in diameter.
(D) Other metal supports deemed to be a hazard by the appropriate Department Region Director or an authorized representative.
(e) Special limitations. All encroachments on state highway, including permits issued for special encroachment, are subject to the following conditions and limitations:
(i) Red or reddish colored lights. Red or reddish colored decorations or advertising lights are prohibited within the right-of-way.
(ii) Clearance over highway surface. Any decoration, display, flag, banner, colored light, handbill, structure or other advertising or decoration item placed within the right-of-way must have a minimum vertical clearance of 20 feet.
(iii) Utility poles. No decorations, displays, flags, banners, colored lights, handbills, structures or other advertising or decoration items may be attached to a utility facility without written permission of the appropriate entity or owner.
(iv) Highway control obstructions. No decoration, display, flag, banner, colored light, handbill, structure or other advertising or decoration item may block the normal view of any official highway sign or other traffic control device and signals.
(v) Shapes similar to highway control devices. No decoration, display, flag, banner, colored light, handbill, structure or other advertising or decoration item may be of such shape, size, color or design similar to any Department traffic control sign, signal, marking or device.
(vi) Attachments to traffic signals. No attachments of any type may be allowed on traffic signals.
(vii) Sight obstructions. No decoration, display, flag, banner, colored light, handbill, structure or other advertising or decoration item may obstruct the normal view of traffic nor may obstruct, impede or endanger the normal flow of traffic. In accordance with Utah Code Section 41-6a-216 "Removal of plants or other obstructions impairing view, Notice to owner - Penalty," owners of real property next to state highway rights-of-way shall be ordered to remove any trees, plants, shrubs, or any other obstructions that obstruct the view of motorists and thereby constitute a hazard.
(3) Department changes to existing access.
(a) The Department may, when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or relocate any access or redesign the highway including any auxiliary lane and allowable turning movement.
