Utah Grant of Access Permit (3-UT-g)
The Access Permit Process can be found in more specific detail in the Manual on the Accommodation of Utilities and the Control and Protection of State Highway Rights of Way in section 7.2.6. This Manual is incorporated by reference in the Utah Administrative Rule R930-6.Note: A grant of access permit does not carry a right of construction. A fee will be assessed for the review and assessment of the permit application.
Grant of Access Permit Process
3-UT-g.1 – Contact Regional UDOT Office and Hold Pre-Application/Concept Meeting
To apply for grant of access to a State Highway, contact the appropriate Regional or District Office of UDOT. Appropriate application forms and materials can be obtained at any Department office location. R930-6-8(3)(c)
Prior to submitting a permit application, contact the appropriate Department Region or District office for information about the application process and the type of information required. The applicant is advised to consult with the Region Permit Officer during a pre-application meeting to determine the appropriate access category, permit application level, and traffic impact study requirements, and scope for the project. R930-6-8(3)(c)
A preliminary meeting provides Department personnel and/or local authorities an early opportunity to examine the feasibility of the access proposal with the applicant and to consider whether it is permissible under the Department's access standards. This meeting provides an opportunity to discuss site specific conditions and options for site access location and design, review the applicability of requirements in this Rule or requirements in any locally adopted access plans, and agree on the necessary materials to be submitted with the formal permit application. Preliminary discussion of these matters can expedite later review and evaluation of the permit application. R930-6-8(3)(c)
3-UT-g.2 – Grant of Access Application, Traffic Impact Study, and Other Required Attachments
It is recommended that developers seeking an access permit for large, highvolume residential, industrial, commercial, and/or retail development (sites potentially generating 100 or more daily trips) request a pre-application meeting with appropriate Department personnel and local authorities. Participants can decide whether to proceed with a Traffic Impact Study and if so, to discuss its scope. Level 2, 3, and 4 access permits will require a detailed Traffic Impact Study. See Section 7.2.13 of the Manual on the Accommodation of Utilities and the Control and Protection of State Highway Rights of Way for more information on Traffic Impact Studies. R930-6-8(3)(c)
3-UT-g.3 to 3-UT-g.4 – Review Application Materials for Completeness
A State Highway Access Permit is required to construct, modify, relocate, or close a vehicular access, where such work will connect to or be within State Highway right-of-way. To obtain permission, submit a complete application to the Department for review. The Department will return incomplete applications to the applicant. Permit applicants will comply with all Federal, State, and local government approvals and environmental laws before the Department can grant a permit. R930-6-8(6)(a).
The Region Permits Officer will date and initial or stamp the original application form with the date of receipt. The typical Completeness Review period is 10 days. An application is considered to be complete unless the Region Permit Officer determines it is not and provides that determination in writing. If an application is determined to be incomplete, the completeness review period ends. R930-6-8(6)(b).
The Region Permits Officer will promptly transmit written notice to the developer if the application is not complete and insufficient for review. The notice will include any outstanding items, issues, or concerns given the available information. Failure of the Department to comply with the preliminary review periods does not preclude the Department from approving or denying any application. R930-6-8(6)(b).
3-UT-g.5 – Conduct Formal Application Review
For an access permit, the Region Permits Officer is the primary contact for the developer with the Department throughout the process. Direct inquires regarding a permit application or review, are directed to the Region Permit Officer. Formal application procedures are discussed in more detail in section 7.2.8 of the R930-6 Manual.
The Region Permits Officer will begin processing the application when the application has been identified as complete. A complete application means and the applicant has been notified the application contains the required attachments and is complete. The review period may now begin. The typical review period is 45 working days for the application. The Region Permits Officer may involve other Department, Region, or Headquarters Staff in the review of all aspects of the application and attachments. The Department will use this Rule and any other applicable state and federal laws, policies, or guidelines for evaluating and acting on the application and the appropriate attachments. If during the review of the application it is found that additional information for review is necessary, the Permit Officer will address in writing, to the developer, the need for additional information. The application review period will cease and begin again upon acceptance of the additional information. R930-6-8(6).
3-UT-g.6 to 3-UT-g.7 – Variance Request
Application preparation may also include seeking an access variance that allows the developer to depart from the standards and or requirements of R930-6, section 7.2.7. A variance from the spacing standards can only be sought if the subject property and proposed access points can not achieve the minimum spacing standards under the appropriate access category and no other reasonable access can be afforded the site. Once prepared, the request for relief is submitted to the appropriate Region office of the Utah Department of Transportation where access application processing takes place. R930-6-9(2)
3-UT-g.8 to 3-UT-g.9 – Is the Variance Appropriate and Necessary and in the Public Interest
The applicant is responsible for showing that the variance request meets minimum acceptable engineering, operation, and safety standards and the variance is not detrimental to the public health, welfare, and safety and the variance is reasonably necessary for the convenience and welfare of the public. R930-6-9(2)
3-UT-g.10 – Documentation of Reasons for Approving Variance
The Region Traffic Engineer will consider the factors cited in section 7.2 of R930-6 and will ensure that granting a request for variance is consistent with the purposes of this Rule cited in 7.1.1. The Region Traffic Engineer will consider specific factors in determining that the granting of a variance will not negatively impact the current and proposed operation of the highway:
- The applicant has considered all other feasible alternatives to provide reasonable access to the land use or development and can demonstrate that better alternatives in terms of highway operations are not feasible or does not exist.
- The applicant has considered access through a shared use driveway or access point with an adjacent land use and such a shared use access is not feasible.
- The applicant is providing on-site or off-site traffic improvements that might offset the negative impacts of granting an access that does not meet standards.
- The applicant has considered and demonstrated trip reduction strategies that allow the access to properly function without creating a negative impact to the highway.
- The applicant has provided traffic engineering or other studies to determine that the access will not degrade the efficient flow of traffic on the highway in terms of safety, capacity, travel speed, and other functional features of the highway. R930-6-9(2)(a)(i)(A).
The review and final action of whether to approve or disapprove the variance will be completed within forty-five (45) days of the date of acceptance of the request for variance application. R930-6-9(2)(a)(i)(A).
3-UT-g.11 – Does Proposed Access Point Meet the Necessary Standards?
The Standards set forth in the Manual on the Accommodation of Utilities and the Control and Protection of State Highway Rights of Way incorporated by reference by R930-6 give the standard for issuance of a grant of access permit by the Utah Department of Transportation. R930-6-8(6)(f)(i).
3-UT-g.12 – Access Permit
An approved permit will be prepared and transmitted to the applicant for signature if the Department approves the access proposal. It is the responsibility of the applicant to obtain the signature of the permittee. The permittee will sign the permit if the terms and conditions are acceptable and return the entire permit. In accepting the permit, the permittee agrees to all terms and conditions of the permit. R930-6-8(6)(f)(ii).
The issue date of the permit is the date the Department representative signed the permit.
3-UT-g.13 – Sign Permit and Submit Appropriate Fees
The Department will establish and collect a reasonable schedule of fees for the review and administration of access permits pursuant to this Rule. The permit fee schedule will not exceed the cost of the review and administration of the access permit. The appropriate access permit fee may be found in the Department schedule of fees. R930-6-8(5)(f)(i).
3-UT-g.14 – Record Access Permit to the Property Deed
The applicant is responsible for recording the grant of access permit on the property deed. R930-6-8(7)(f).
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