§ 72-6-303. Approval to construct highway facility over sovereign lakebed lands.

(1)

(a) The commission shall review and may approve a proposed plan for the construction of a highway facility over sovereign lakebed lands.

(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules establishing minimum guidelines for an application to construct a highway facility over sovereign lakebed lands.

(2) As part of an application to lease sovereign land, a private entity seeking to obtain a lease over sovereign lakebed lands shall submit an application to the commission for approval from the commission to construct a highway facility over sovereign lakebed lands.

(3) A private entity shall include in an application described in Subsection (2):

(a) a map indicating the location and legal description of the highway facility and all proposed interconnections with other highway facilities;

(b) a description of the highway facility, including the conceptual design of the highway facility and a statement whether the highway facility will be operated and maintained as a tollway facility;

(c) a list of the major permits and approvals required for developing or operating improvements to the highway facility from local, state, or federal agencies and a projected schedule for obtaining the permits and approvals;

(d) a description of the types of public utility facilities, if any, that will be crossed by the highway facility and a statement of the plans to accommodate the crossing;

(e) a description of the types of public utilities used, carried, or accommodated by the highway facility and a statement of the plans to use, carry, or accommodate the public utilities;

(f) an estimate of the design and construction costs of the highway facility;

(g) a statement setting forth the private entity's general plans for constructing, operating, and maintaining the highway facility, including:

(i) the proposed date for development, operation, or both of the highway facility;

(ii) the proposed term of the lease over sovereign lakebed lands; and

(iii) a demonstration by the private entity that the proposal is financially viable;

(h) the names and addresses of the persons who may be contacted for further information concerning the highway facility application;

(i) any other material or information that the commission requires by rules made under this section; and

(j) a statement whether or how the highway facility can safely accommodate recreational fishing or other recreational activities on the highway facility.

(4) The commission is not required to review an application submitted under this section if it determines that the proposal does not meet the guidelines established under this section.

(5) The commission shall review an application submitted under this section and approve the application if the commission determines, based upon recommendations by the department, that:

(a) construction, operation, and maintenance of the highway facility is feasible as proposed by the private entity in the application;

(b) the proposed highway facility is contained anywhere within the long-range highway plan prepared by the department or by a metropolitan planning organization, including the visionary long-range highway plan;

(c) the construction plan for the proposed highway facility meets the engineering and design standards specified by the commission in rules made under this section;

(d) the proposed plan for the construction, operation, and maintenance of the highway facility is financially viable, including a determination that sufficient bonding or other financial assurances are in place to cover construction, operation, and maintenance of the facility; and

(e) the private entity has entered an agreement with the department authorizing the department to assure the safety of the design, construction, operation, and maintenance of the facility.

(6) Approval by the commission under this section does not constitute approval of the lease application by the Division of Forestry, Fire, and State Lands under Section 65A-7-5.

(7) An agreement under Subsection (5)(e):

(a) shall provide compensation to the department to cover the costs of reviewing and inspecting the highway facility; and

(b) may include a time within which a notice to proceed can be given.

(8) The department may establish a fee in accordance with Section 63J-1-504 for reviewing applications submitted under this section.

Enacted by Chapter 256, 2011 General Session