Utah § 54-23-103 - Right-of-way crossing -- application for permission.

Full text of Utah Utah Code § 54-23-103 — Right-of-way crossing -- application for permission., with citation guidance and answers to common questions.

§ 54-23-103. Right-of-way crossing -- application for permission.

Effective 5/14/2019
54-23-103. Right-of-way crossing -- application for permission.

(1)

(a)	Any fiber optic carrier that intends to place a facility across or upon a railroad right-of-way shall submit a request for permission from the railroad prior to placing a facility.

(b)

A request under this Subsection (1) shall:

(i)	be in the railroad form of a completed crossing application;

(ii)

include an engineering design that:

(A)	shows the location of the proposed crossing and the railroad's property, tracks, and wires that the telecommunications facility will cross; and

(B)	conforms with guidelines published in the most recent edition of the National Electric Safety Code and American Railway Engineering and Maintenance-of-Way Association standards; and

(iii)

include the standard crossing fee specified in Section 54-23-105.

(2)

Unless the railroad provides written or electronic notice to the fiber optic carrier that the proposed crossing is a serious threat to the safe operations of the railroad or to the current or future use of the railroad right-of-way, would violate any federal law or regulation applicable to a public transit district, or would violate an agreement between a public transit district and the federal government, the railroad shall approve the application within 35 calendar days after the receipt of a completed application for a crossing.

(3)

This section applies to:

(a)	any crossing in existence before May 14, 2019, if an agreement concerning the crossing has expired or has been terminated; and

(b)	any crossing commenced on or after May 14, 2019.

(4)

If an applicant that intends to place a facility across or upon a railroad right-of-way at a crossing described in Subsection (3)(a) has paid a collective amount that equals or exceeds the standard crossing fee established under Section 54-23-105 to the railroad during the existence of the crossing, no additional fee may be required.

Enacted by Chapter 452, 2019 General Session

Source: official Utah text · Last verified 2026-08-27

Frequently Asked Questions About Utah § 54-23-103

What does Utah Code § 54-23-103 cover?

Section 54-23-103 ("Right-of-way crossing -- application for permission.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 54-23-103?

A common citation format is "Utah Code § 54-23-103" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 54-23-103 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Official text of § 54-23-103 at the Utah source

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.