§ 72-4-102.5. Definitions -- Rulemaking -- Criteria for state highways.

(1) As used in this section:

(a) "arterial highway" has the same meaning as provided under the Federal Highway Administration Functional Classification Guidelines;

(b) "collector highway," "collector road," or "collector street" has the same meaning as provided under the Federal Highway Administration Functional Classification Guidelines;

(c) "local street" or "local road" means a highway that is not an arterial highway or a collector highway and that is under the jurisdiction of a county or municipality;

(d) "major collector highway," "major collector road," or "major collector street" has the same meaning as provided under the Federal Highway Administration Functional Classification Guidelines;

(e) "minor collector road" or "minor collector street" has the same meaning as provided under the Federal Highway Administration Functional Classification Guidelines;

(f) "minor arterial highway" or "minor arterial street" has the same meaning as provided under the Federal Highway Administration Functional Classification Guidelines;

(g) "principal arterial highway" has the same meaning as provided under the Federal Highway Administration Functional Classification Guidelines;

(h) "rural area" has the same meaning as provided under the Federal Highway Administration Functional Classification Guidelines;

(i) "tourist area" means an area of the state frequented by tourists for the purpose of visiting national parks, national recreation areas, national monuments, or state parks; and

(j) "urban area" has the same meaning as provided under the Federal Highway Administration Functional Classification Guidelines.

(2)

(a) Subject to the provisions of Title 72, Chapter 3, Highway Jurisdiction and Classification Act, and this chapter, a state highway shall meet the criteria provided under this section.

(b) The highway authorities of this state or their representatives shall cooperate to match the criteria provided under this section with the state highways designated under this title.

(c) The primary function of state highways is to provide for the safe and efficient movement of traffic, while providing access to property is a secondary function.

(d) The primary function of county and municipal highways is to provide access to property.

(e) For purposes of this section, if a highway is within 10 miles of a location identified under this section, the location is considered to be served by that highway.

(3) A state highway shall:

(a) serve a statewide purpose by accommodating interstate movement of traffic or interregion movement of traffic within the state;

(b) primarily move higher traffic volumes over longer distances than highways under local jurisdiction;

(c) connect major population centers;

(d) be spaced so that:

(i) all developed areas in the state are within a reasonable distance of a state highway; and

(ii) duplicative state routes are avoided;

(e) provide state highway system continuity and efficiency of state highway system operation and maintenance activities;

(f) include all interstate routes, all expressways, and all highways on the National Highway System as designated by the Federal Highway Administration under 23 C.F.R. Section 470, Subpart A, as of January 1, 2005; and

(g) exclude parking lots, driving ranges, and campus roads.

(4) In addition to the provisions of Subsection (3), in rural areas a state highway shall:

(a) include all minor arterial highways;

(b) include a major collector highway that:

(i) serves a county seat;

(ii) serves a municipality with a population of 1,000 or more;

(iii) serves a major industrial, commercial, or recreation areas that generate traffic volumes equivalent to a population of 1,000 or more;

(iv) provides continuity for the state highway system by providing major connections between other state highways;

(v) provides service between two or more counties; or

(vi) serves a compelling statewide public safety interest; and

(c) exclude all minor collector streets and local roads.

(5) In addition to the provisions of Subsection (3), in urban areas a state highway shall:

(a) include all principal arterial highways;

(b) include a minor arterial highway that:

(i) provides continuity for the state highway system by providing major connections between other state highways;

(ii) is a route that is expected to be a principal arterial highway within 10 years; or

(iii) is needed to provide access to state highways; and

(c) exclude all collector highways and local roads.

(6) In addition to the provisions of Subsections (3) and (4), in tourist areas, a state highway:

(a) shall include a highway that:

(i) serves a national park or a national recreational area; or

(ii) serves a national monument with visitation greater than 100,000 per year; or

(b) may include a highway that:

(i) serves a state park with visitation greater than 100,000 per year; or

(ii) serves a recreation site with visitation greater than 100,000 per year.

(7)

(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules:

(i) establishing and defining a functional classification of highways for the purpose of implementing this section;

(ii) defining and designating regionally significant arterial highways; and

(iii) establishing an access management policy consistent with the functional classification of roadways.

(b) The definitions under Subsection (7)(a) shall provide a separate functional classification system for urban and rural highways recognizing the unique differences in the character of services provided by urban and rural highways.

(c) The rules under Subsection (7)(a):

(i) shall conform as nearly as practical to the Federal Highway Administration Functional Classification Guidelines; and

(ii) may incorporate by reference, in whole or in part, the federal guidelines under Subsection (7)(c)(i).

Amended by Chapter 382, 2008 General Session