§ 17B-2a-819. Compliance with state and local laws and regulations.

(1) Each public transit district is subject to department regulations relating to safety appliances and procedures.

(2)

(a) Each installation by a public transit district in a state highway or freeway is subject to the approval of the department.

(b) There is a presumption that the use of a street, road, highway, or other public place by a public transit district for any of the purposes permitted in this part constitutes no greater burden on an adjoining property than the use existing on July 9, 1969.

(c) If a street, road, or highway, excluding a state highway or freeway, or a pipeline, sewer, water main, storm drain, pole, or communication wire is required to be relocated, replaced, or altered in order for a public transit district to construct or operate its system or to preserve and maintain an already constructed district facility:

(i) the public or private owner of the facility required to be relocated, replaced, or altered shall relocate, replace, or alter the facility with reasonable promptness; and

(ii) the public transit district shall, by prior agreement, reimburse the owner for the reasonable cost incurred in the relocation, replacement, or alteration.

(d)

(i) A public transit district may enter into an agreement with a county or municipality to:

(A) close a street or road over which the county or municipality has jurisdiction at or near the point of its interception with a district facility; or

(B) carry the street or road over or under or to a connection with a district facility.

(ii) A public transit district may do all work on a street or road under Subsection (2)(d)(i) as is necessary.

(iii) A street or road may not be closed, directly or indirectly, by the construction of a district facility unless the closure is:

(A) pursuant to agreement under Subsection (2)(d)(i); or

(B) temporarily necessary during the construction of a district facility.

(3) Each public transit district is subject to the laws and regulations of the state and each applicable municipality relating to traffic and operation of vehicles upon streets and highways.

Enacted by Chapter 329, 2007 General Session