Utah § 72-6-303 - Approval to construct highway facility over sovereign lakebed lands.
Full text of Utah Utah Code § 72-6-303 — Approval to construct highway facility over sovereign lakebed lands., with citation guidance and answers to common questions.
§ 72-6-303. Approval to construct highway facility over sovereign lakebed lands.
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.
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.
Section 72-6-303 ("Approval to construct highway facility over sovereign lakebed lands.") 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 § 72-6-303?
A common citation format is "Utah Code § 72-6-303" (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 § 72-6-303 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.
