72-7 - Protection of Highways Act

Title 72 > 72-7

Sections (56)

Protection of Rights-Of-Way

72-7-101 - Title.

This chapter is known as the “Protection of Highways Act.”

Enacted by Chapter 270, 1998 General Session

72-7-102 - Excavations, structures, or objects prohibited within right-of-way except in accordance with law — Permit and fee requirements — Rulemaking — Penalty for violation.

(1) As used in this section, “management costs” means the reasonable, direct, and actual costs a highway authority incurs in exercising authority over the highways under the highway authority’s jurisdiction.

(2) Except as provided in Subsection (3) and Section 72-17-202, a person may not: dig or excavate, within the right-of-way of any state highway, county road, or city street; orplace, construct, or maintain any approach road, driveway, pole, pipeline, conduit, sewer, ditch, culvert, billboard, advertising sign, or any other structure or object of any kind or character within the right-of-way.

(3) A highway authority having jurisdiction over the right-of-way may allow excavating, installation of utilities and other facilities or access under rules made by the highway authority and in compliance with federal, state, and local law as applicable.Notwithstanding Subsection (3)(a)(i), a highway authority may not allow excavating, installation of utilities and other facilities, or access to any portion of a state highway, including portions thereof within a municipality, without the prior written approval of the department. The department may, by written agreement with a municipality, waive the requirement of its approval for certain types and categories of excavations, installations, and access.The rules may require a permit for any excavation or installation and may require a surety bond or other security.The application for a permit for excavation or installation on a state highway shall be accompanied by a fee established under Subsection (4)(f).The permit may be revoked and the surety bond or other security may be forfeited for cause.Any portion of the right-of-way disturbed by a project permitted under this section shall be repaired using construction standards established by the highway authority with jurisdiction over the disturbed portion of the right-of-way.For a portion of a state highway right-of-way for which a municipality has jurisdiction, and upon request of the municipality, the department shall grant permission for the municipality to issue permits within the state highway right-of-way, provided that: the municipality gives the department seven calendar days to review and provide comments on the permit; andupon the request of the department, the municipality incorporates changes to the permit as jointly agreed upon by the municipality and the department.If the department fails to provide a response as described in Subsection (3)(c)(i) within seven calendar days, the municipality may issue the permit.

(4) Except as provided in Section 72-7-108 with respect to the department concerning the interstate highway system, a highway authority may require compensation from a utility service provider for access to the right-of-way of a highway only as provided in this section.A highway authority may recover from a utility service provider, only those management costs caused by the utility service provider’s activities in the right-of-way of a highway under the jurisdiction of the highway authority.A highway authority shall impose a fee or other compensation under this Subsection (4) on a competitively neutral basis.If a highway authority’s management costs cannot be attributed to only one entity, the highway authority shall allocate the management costs among all privately owned and government agencies using the highway right-of-way for utility service purposes, including the highway authority itself.The allocation shall reflect proportionately the management costs incurred by the highway authority as a result of the various utility uses of the highway.A highway authority may not use the compensation authority granted under this Subsection (4) as a basis for generating revenue for the highway authority that is in addition to the highway authority’s management costs.A utility service provider that is assessed management costs or a franchise fee by a highway authority is entitled to recover those management costs.If the highway authority that assesses the management costs or franchise fees is a political subdivision of the state and the utility service provider serves customers within the boundaries of that highway authority, the management costs may be recovered from those customers.In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall adopt a schedule of fees to be assessed for management costs incurred in connection with issuing and administering a permit on a state highway under this section.In addition to the requirements of this Subsection (4), a telecommunications tax or fee imposed by a municipality on a telecommunications provider, as defined in Section 10-1-402, is subject to Section 10-1-406.

(5) Permit fees collected by the department under this section shall be deposited with the state treasurer and credited to the Transportation Fund.

(6) Nothing in this section shall affect the authority of a municipality under: Section 10-1-203 or 10-1-203.5;Section 11-26-201;Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act; orTitle 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act.

(7) A person who violates the provisions of Subsection (2) is guilty of a class B misdemeanor.

Amended by Chapter 42, 2023 General Session, (Coordination Clause)

72-7-103 - Limitation on access authority.

(1) As used in this section: “Highway facility” means:SR-7 as described in Section 72-4-106;SR-67 as described in Section 72-4-112;SR-85 as described in Section 72-4-114;SR-154 as described in Section 72-4-121; orSR-201 as described in Section 72-4-126.”Legal point of access” means an access established in accordance with applicable law:before July 1, 2003;by permit issued by the highway authority; orby a deed or court order.

(2) A highway authority may not deny reasonable ingress and egress to property adjoining a public highway except where: the highway authority acquires right of ingress and egress by gift, agreement, purchase, eminent domain, or otherwise; orno right of ingress or egress exists between the right-of-way and the adjoining property.

(3) For a property adjoining a public highway that is not an interstate system or a highway facility, a highway authority may not close a legal point of access to the public highway, unless: the property has reasonably equivalent access to the public highway after the legal access is closed; orthe highway authority acquires the legal point of access by gift, agreement, purchase, or eminent domain.

Amended by Chapter 72, 2018 General Session

72-7-104 - Installations constructed in violation of rules — Rights of highway authorities to remove or require removal.

(1) If any person, firm, or corporation installs, places, constructs, alters, repairs, or maintains any approach road, driveway, pole, pipeline, conduit, sewer, ditch, culvert, outdoor advertising sign, or any other structure or object of any kind or character within the right-of-way of any highway without complying with this title, the highway authority having jurisdiction over the right-of-way may: remove the installation from the right-of-way or require the person, firm, or corporation to remove the installation; orgive written notice to the person, firm, or corporation to remove the installation from the right-of-way.

(2) Notice under Subsection (1)(b) may be served by: personal service; ormailing the notice to the person, firm, or corporation by certified mail; andposting a copy on the installation for 10 days.

(3) If the installation is not removed within 10 days after the notice is complete, the highway authority may remove the installation at the expense of the person, firm, or corporation.

(4) A highway authority may recover: the costs and expenses incurred in removing the installation, serving notice, and the costs of a lawsuit if any; and$10 for each day the installation remained within the right-of-way after notice was complete.

(5) If the person, firm, or corporation disputes or denies the existence, placement, construction, or maintenance of the installation, or refuses to remove or permit its removal, the highway authority may bring an action to abate the installation as a public nuisance.If the highway authority is granted a judgment, the highway authority may recover the costs of having the public nuisance abated as provided in Subsection (4).

(6) The department, its agents, or employees, if acting in good faith, incur no liability for causing removal of an installation within a right-of-way of a highway as provided in this section.

(7) The actions of the department under this section are not subject to the provisions of Title 63G, Chapter 4, Administrative Procedures Act.

Amended by Chapter 382, 2008 General Session

72-7-105 - Obstructing traffic on sidewalks or highways prohibited.

(1) A person may not:drive or place any vehicle, animal, or other object upon or along any sidewalk except in crossing the sidewalk to or from abutting property; orpermit the vehicle, animal, or other object to remain on or across any sidewalk in a way that impedes or obstructs the ordinary use of the sidewalk.

(2) Except as described in Subsection (2)(b), vehicles, building material, or other similar objects may be placed temporarily on highways in a manner that will not impede, endanger, or obstruct ordinary traffic.A highway authority may prohibit or may require the removal of vehicles, building material, or other obstructions on any highway under their jurisdiction.

(3) A highway authority may obstruct or allow obstruction of a bicycle lane, as defined in Section 41-6a-102, to facilitate highway management, including maintenance, repair, and improvement of infrastructure.

(4) A highway authority that obstructs or allows obstruction of a bicycle lane as described in Subsection (3) shall take reasonable action to:utilize alternative space adjacent to the bicycle lane prior to obstructing the bicycle lane;minimize the obstruction; orprovide an alternate route for bicycle traffic.

(5) A violation of Subsection (1) is an infraction.

Amended by Chapter 527, 2025 General Session

72-7-106 - Gates on class B and D roads.

(1) As used in this section, “county road” means: a class B road as defined in Section 72-3-103; anda class D road as defined in Section 72-3-105.

(2) The county executive of a county may authorize the erection or maintenance of a gate on a county road in order to avoid the necessity of building highway fences.

(3) The person for whose immediate benefit a gate is erected or maintained shall in all cases bear the expense.

(4) Nothing contained in Section 72-7-105 shall be construed to prohibit a person from placing an unlocked, nonrestrictive gate across a county road, or maintaining the same, with the authorization of the county executive of that county.

(5) A gate is not allowed on a county road unless authorized by the county executive in accordance with the provisions of this section.If the expense of the erection and maintenance of the gate is not paid or if a lock or other device is placed upon the gate so as to make it restrictive, the county executive of that county shall notify the responsible party that county approval is terminated and the gate is considered to be an obstruction under Section 72-7-105.

(6) The placement or maintenance of a gate with the authorization of the county executive across a county road does not constitute or establish an abandonment under Section 72-5-105 or 72-5-305 by the county and does not establish an easement on behalf of the person establishing the gate.

(7) A person who commits any of the following acts is guilty of a class B misdemeanor and is liable for all damages suffered by a party as a result of the acts: leaves open a gate, erected or maintained under this section;unnecessarily drives over the ground adjoining the highway on which a gate is erected;places a lock or other restrictive device on a gate; orviolates a rule or regulation of a county legislative body relating to the gates within the county.

Amended by Chapter 239, 2003 General Session

72-7-107 - Public safety program signs — Permits.

(1) As used in this section, “public safety program sign” means a sign, placed on or adjacent to a highway, that is promoting a highway safety program or highway safety practice, or a crime or drug abuse prevention program that is being sponsored by the department, the Department of Public Safety, or a local law enforcement agency.

(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to allow public safety program signs on state highways by permit. The rules shall contain reasonable terms and conditions: that are no more restrictive than motorist service signing requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways adopted under Section 41-6a-301; andfor granting and maintaining a permit.

Amended by Chapter 382, 2008 General Session

72-7-108 - Longitudinal telecommunication access in the interstate highway system — Definitions — Agreements — Compensation — Restrictions — Rulemaking.

(1) As used in this section: “Longitudinal access” means access to or use of any part of a right-of-way of a highway on the interstate system that extends generally parallel to the right-of-way for a total of 30 or more linear meters.”Statewide telecommunications purposes” means the further development of the statewide network that meets the telecommunications needs of state agencies and enhances the learning purposes of higher and public education.”Telecommunication facility” means any telecommunication cable, line, fiber, wire, conduit, innerduct, access manhole, handhole, tower, hut, pedestal, pole, box, transmitting equipment, receiving equipment, power equipment, or other equipment, system, and device used to transmit, receive, produce, or distribute via wireless, wireline, electronic, or optical signal for communication purposes.

(2) Except as provided in Subsection (4), the department may allow a telecommunication facility provider longitudinal access to the right-of-way of a highway on the interstate system for the installation, operation, and maintenance of a telecommunication facility.The department shall enter into an agreement with a telecommunication facility provider and issue a permit before granting it any longitudinal access under this section.Except as specifically provided by the agreement, a property interest in a right-of-way may not be granted under the provisions of this section.An agreement entered into by the department under this section shall: specify the terms and conditions for the renegotiation of the agreement;specify maintenance responsibilities for each telecommunication facility;be nonexclusive; andbe limited to a maximum term of 30 years.

(3) The department shall require compensation from a telecommunication facility provider under this section for longitudinal access to the right-of-way of a highway on the interstate system.The compensation charged shall be:fair and reasonable;competitively neutral;nondiscriminatory;open to public inspection;established to promote access by multiple telecommunication facility providers;established for zones of the state, with zones determined based upon factors that include population density, distance, numbers of telecommunication subscribers, and the impact upon private right-of-way users;established to encourage the deployment of digital infrastructure within the state;set after the department conducts a market analysis to determine the fair and reasonable values of the right-of-way based upon adjacent property values;a lump sum payment or annual installment, at the option of the telecommunications facility provider; andset in accordance with Subsection (3)(f).The compensation charged may be cash, in-kind compensation, or a combination of cash and in-kind compensation.In-kind compensation requires the agreement of both the telecommunication facility provider and the department.The department shall determine the present value of any in-kind compensation based upon the incremental cost to the telecommunication facility provider.The value of in-kind compensation or a combination of cash and in-kind compensation shall be equal to or greater than the amount of cash compensation that would be charged if the compensation is cash only.The department shall provide for the proportionate sharing of costs among the department and telecommunications providers for joint trenching or trench sharing based on the amount of conduit innerduct space that is authorized in the agreement for the trench.If two or more telecommunications facility providers are required to share a single trench, each telecommunications facility provider in the trench shall share the cost and benefits of the trench in accordance with Subsection (3)(d)(i) on a fair, reasonable, competitively neutral, and nondiscriminatory basis.The department shall conduct the market analysis described in Subsection (3)(b)(viii) at least every five years and shall apply any necessary adjustments only to agreements entered after the date of the new market analysis.In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall establish a schedule of rates of compensation for any longitudinal access granted under this section.

(4) The department may not grant any longitudinal access under this section that results in a significant compromise of the safe, efficient, and convenient use of the interstate system for the traveling public.

(5) The department may not pay any cost of relocation of a telecommunication facility granted longitudinal access to the right-of-way of a highway on the interstate system under this section.

(6) Monetary compensation collected by the department in accordance with this section shall be deposited with the state treasurer and credited to the Transportation Fund.Any telecommunications capacity acquired as in-kind compensation shall be used exclusively for statewide telecommunications purposes and may not be sold or leased in competition with telecommunication or Internet service providers.

(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules: governing the installation, operation, and maintenance of a telecommunication facility granted longitudinal access under this section;specifying the procedures for establishing an agreement for longitudinal access for a telecommunication facility provider;providing for the relocation or removal of a telecommunication facility for:needed changes to a highway on the interstate system;expiration of an agreement; ora breach of an agreement; andproviding an opportunity for all interested providers to apply for access within open right-of-way segments.

(8) Except for a right-of-way of a highway on the interstate system, nothing in this section shall be construed to allow a highway authority to require compensation from a telecommunication facility provider for longitudinal access to the right-of-way of a highway under the highway authority’s jurisdiction.Nothing in this section shall affect the authority of a municipality under:Section 10-1-203;Section 11-26-201;Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act; orTitle 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act.

(9) Compensation paid to the department under Subsection (3) may not be used by any person as evidence of the market or other value of the access for any other purpose, including condemnation proceedings, other litigation, or the application of rates of taxation or the establishment of franchise fees relating to longitudinal access rights.

Amended by Chapter 283, 2018 General Session

72-7-110 - Memorial signs honoring highway patrol officers.

(1) The Utah Department of Transportation may erect memorial signs along state highways, honoring Utah Highway Patrol officers who have been killed in the line of duty.The memorial signs shall:be located in the community of the fallen trooper that the memorial is intended to honor; andcorrelate with, and where possible conform to, the sign requirements in the most recent edition of the Manual on Uniform Traffic Control Devices for Streets and Highways adopted under Section 41-6a-301.

(2) Memorial signs erected in accordance with this section shall be funded by: any voluntary contributions the department receives for the memorial signs;funds appropriated by the Legislature to the department for memorial signs under this section; ora combination of the funds available under Subsections (2)(a) and (b).

Enacted by Chapter 42, 2012 General Session

72-7-111 - Storage of flammable, explosive, or combustible materials prohibited.

(1) As used in this section:“Combustible” means a material capable of producing a usually rapid chemical process that creates heat and usually light.”Explosive” means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion.”Flammable” means a material capable of being easily ignited and burning quickly.

(2) A person may not keep, store, or stockpile any flammable, explosive, or combustible material above ground directly beneath a bridge, overpass, viaduct, or tunnel owned or operated by a highway authority or large public transit district.

(3) A person who violates Subsection (2) is guilty of a class B misdemeanor.

Enacted by Chapter 517, 2024 General Session

72-7-112 - Use of overhead spray irrigation.

(1) As used in this section:“Great Salt Lake basin” means the area within:the surveyed meander line of the Great Salt Lake;the drainage areas of the Bear River or the Bear River’s tributaries;the drainage areas of Bear Lake or Bear Lake’s tributaries;the drainage areas of the Weber River or the Weber River’s tributaries;the drainage areas of the Jordan River or the Jordan River’s tributaries;the drainage areas of Utah Lake or Utah Lake’s tributaries;other water drainages lying between the Bear River and the Jordan River that are tributary to the Great Salt Lake and not included in the drainage areas described in Subsections (1)(a)(ii) through (vi); andthe drainage area of Tooele Valley.”Overhead spray irrigation” means above ground irrigation heads that spray water through a nozzle.

(2) Except as provided in Subsection (3), on land within the Great Salt Lake basin a highway authority may not install, maintain, or allow for the installation or maintenance by others of landscaping in a highway construction project commenced on or after May 1, 2024, that uses overhead spray irrigation within the portion of the highway:located between the back of the curb on either side of the highway, including in a median or roundabout; orif there is no curb, between the shoulders contiguous to the traveled way, including in a median or roundabout.

(3) Subsection (2) does not prohibit the temporary use of overhead spray irrigation for the period of time reasonably required to allow drought tolerant perennial plants to establish a healthy root system.

Enacted by Chapter 19, 2024 General Session

Junkyard Control Act

72-7-201 - Purpose.

The regulation of junkyards in areas adjacent to any state highway included in the national system of interstate and primary highways is a statewide public purpose and necessary to promote the public safety, health, welfare, convenience, and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering on the highways.

Renumbered and Amended by Chapter 270, 1998 General Session

72-7-202 - Definitions.

As used in this part:

(1) “Automobile graveyard” means any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

(2) “Junk” means old or scrap copper, brass, rope, rags, batteries, plastic, paper, trash, rubber, waste, junked, dismantled, or wrecked automobiles or their parts, and iron, steel, and other old or scrap ferrous or nonferrous material.

(3) “Junkyard” means any place, establishment, or business maintained, used, or operated for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. Junkyard includes a salvage yard, war surplus yard, garbage dump, recycling facility, garbage processing facility, and sanitary land fill.

Renumbered and Amended by Chapter 270, 1998 General Session

72-7-203 - License required.

(1) A person may not establish, operate, or maintain a junkyard, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any interstate or federal-aid primary highway, without obtaining a license from the department under this part.

(2) A municipality may adopt ordinances, not in conflict with this part, to regulate the creation or maintenance of junkyards of any type within 660 feet of the right-of-way of designated state and federal highways within the jurisdictional limits of the adopting municipality.

(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules, not in conflict with this part, to regulate the creation and maintenance of junkyards within 660 feet of the right-of-way of designated federal and state highways outside the jurisdictional limits of a municipality.

Amended by Chapter 382, 2008 General Session

72-7-204 - Issuance of licenses — Fees — Duration — Renewal — Disposition of proceeds.

(1) The department has the sole authority to issue licenses for the establishment, maintenance, and operation of junkyards within the limits defined in Section 72-7-203, and shall charge a $10 license fee payable annually in advance.

(2) All licenses issued under this section expire on the first day of January following the date of issue. Licenses may be renewed from year to year upon payment of the requisite fee.

(3) Proceeds from the license fee shall be deposited with the state treasurer and credited to the Transportation Fund.

Amended by Chapter 21, 1999 General Session

72-7-205 - Conditions for licensing of junkyard within 1,000 feet of highway.

(1) The department may not grant a license for the establishment, maintenance, or operation of a junkyard within 1,000 feet of the nearest edge of the right-of-way of any highway on the interstate or primary systems unless the junkyard is: screened by natural objects, plantings, fences, or other appropriate means so the junkyard is not visible from the main-traveled-way of the system; andlocated within areas that are zoned for industrial use under county or municipal ordinances; orlocated within unzoned industrial areas, determined by actual land uses as defined by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(2) A junkyard controlled by this part may not be expanded or have its use extended except by permission of the department under rules made by the department.

Amended by Chapter 382, 2008 General Session

72-7-206 - Screening of existing junkyards.

(1) The department shall screen any junkyard lawfully in existence on May 9, 1967, which is located within 1,000 feet of the nearest edge of the right-of-way and visible from the main-traveled-way of any highway on the interstate or primary system.

(2) The screening shall be at locations on the right-of-way or in areas outside the right-of-way acquired for that purpose and may not be visible from the main-traveled-way of the interstate or federal-aid primary systems.

(3) The department may not install junkyard screening under this section unless: the necessary federal funds for participation have been appropriated by the federal government and are immediately available to the state; andthe department has received approval to seek federal grants, loans, or participation in federal programs under Title 63J, Chapter 5, Federal Funds Procedures Act.

Amended by Chapter 382, 2008 General Session

72-7-207 - Junkyards not adaptable to screening — Authority of department to acquire land — Compensation.

(1) If the department determines that the topography of the land adjoining the interstate and primary systems will not permit adequate screening of junkyards or that screening would not be economically feasible, the department may acquire by gift, purchase, exchange, or eminent domain the interests in lands necessary to secure the relocation, removal, or disposal of the junkyards.

(2) If the department determines that it is in the best interests of the state, it may acquire lands, or interests in lands, necessary to provide adequate screening of junkyards.

(3) The acquisitions provided for in this section may not be undertaken unless: the necessary federal funds for participation have been appropriated by the federal government and are immediately available to the state; andthe department has received approval to seek federal grants, loans, or participation in federal programs under Title 63J, Chapter 5, Federal Funds Procedures Act.

(4) Damages resulting from any taking of property in eminent domain shall be ascertained in the manner provided by law.

(5) Just compensation shall be paid the owner for the relocation, removal, or disposal of a junkyard lawfully established under the laws of this state and which must be relocated, removed, or disposed of under this part.

Amended by Chapter 382, 2008 General Session

72-7-208 - Junkyard operated in violation of provisions is public nuisance — Abatement — Adjudicative proceedings — Judicial review — Costs of abatement.

(1) The establishment, operation, or maintenance of any junkyard contrary to the provisions of this part is a public nuisance.

(2) The department shall: enforce the provisions of this part and administrative rules the department makes under this part; andexcept as provided in Subsection (3) and in its enforcement of the provisions of this part, comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.

(3) The district court has jurisdiction to review by trial de novo all final orders of the department under this part resulting from formal and informal adjudicative proceedings.Venue for judicial review of final orders of the department is in the county in which the junkyard is located.

(4) If the department is granted a judgment, the department is entitled to take action necessary to cause the nuisance to be abated and is entitled to recover from the responsible person, firm, or corporation, jointly and severally: the costs and expenses incurred in abating the nuisance; and$10 for each day the junkyard was maintained following the expiration of 10 days after notice of agency action was filed and served under Section 63G-4-201.

Amended by Chapter 140, 2008 General Session

72-7-209 - Enforcement authority — Agreements with United States.

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules: governing the materials that may be used for screening and the location, construction, and maintenance of screening for junkyards; andimplementing and enforcing this part.

(2) The department may: enter into agreements with the secretary pursuant to Title 23, United States Code as amended, relating to the control of junkyards in areas adjacent to the interstate and primary systems; andtake action in the name of the state to comply with the terms of the agreements.

Amended by Chapter 382, 2008 General Session

72-7-210 - Present ordinances or regulations may be stricter.

Nothing in this part affects the provisions of any lawful ordinance or regulation which is more restrictive than the provisions of this part.

Renumbered and Amended by Chapter 270, 1998 General Session

Highway Damage Liability

72-7-301 - Liability for damage to highway, highway equipment, or highway sign — Liability for damage to highway from illegal operation of oversize or overweight vehicles — Recovery.

(1) A person who by any means willfully or negligently injures or damages any highway, highway equipment, or highway sign is liable for the damage.

(2) A person who operates or moves any vehicle or object on any highway is liable for all damage that the highway sustains from: any illegal operation or movement of a vehicle or object; andany vehicle or object that exceeds the maximum size, weight, or load limitations specified by law, with or without authority of an oversize or overweight permit.

(3) Except under Subsection (3)(b), if the operator is not the owner of the vehicle or object but is operating or moving the vehicle or object with the express or implied permission of the owner, the owner and operator are jointly and severally liable under Subsection (2) for any damage caused to a highway by the operation or movement of the vehicle or object.An operator who is not the owner of the vehicle or object and who under an express or implied condition of his employment or any privilege related to his employment is required to operate or move a vehicle or object in violation of Part 4, Vehicle Size, Weight, and Load Limitations, is not liable for any damage caused to a highway by the illegal operation or movement of the vehicle or object.

(4) The value of the property damaged may be recovered in a civil action brought by the highway authority having jurisdiction over the property damaged.

(5) For purposes of this section, the value of the damaged property includes the full cost to:repair the damaged property; orreplace the damaged property with a replacement that is functionally equivalent to the property that was damaged.Except for the replacement of a damaged motor vehicle, the costs described in Subsection (5)(a) may not be reduced based on the depreciated value of the damaged property at the time the damage occurs.

Amended by Chapter 239, 2021 General Session

72-7-302 - Damage to signs, warnings, or barriers — Penalty.

(1) A person is guilty of a class B misdemeanor who willfully and unlawfully removes, defaces, or interferes with any highway sign, signal, notice, warning, or barrier.

(2) A person who commits an offense under Subsection (1) that results in an injury to a person or damage to property is guilty of a class A misdemeanor.

Amended by Chapter 140, 2008 General Session

72-7-303 - Escaping water and other obstructions — Injuring or obstructing highway — Penalty for violations.

(1) A person may not willfully or carelessly: obstruct or damage any public highway by causing or permitting flow or seepage of water;permit water under the person’s control to escape in any manner that results in damage to a public highway;place or leave, or cause to be placed or left, anything upon a public highway in a way that obstructs travel or that endangers property or persons passing on the highway.

(2) A person who violates this section is guilty of a class B misdemeanor.

Renumbered and Amended by Chapter 270, 1998 General Session

72-7-304 - Injury to trees on highways — Penalty for violations.

(1) A person may not dig up, cut down, or otherwise willfully damage or destroy any shade, ornamental, or other tree, planted and standing on any public highway in conformity to law.

(2) A person who violates this section is guilty of a class B misdemeanor and is liable to the owner of the tree for treble the amount of damages sustained.

Renumbered and Amended by Chapter 270, 1998 General Session

72-7-305 - Driving animals over highways — Liability for damages.

(1) Except for a livestock highway, a person who drives a herd of domestic animals over a public highway is liable for any damage done by the animals in destroying the banks or rolling rocks into or upon the highway.

(2) The damage may be recovered in a civil action brought by a highway authority having jurisdiction over the highway.

Renumbered and Amended by Chapter 270, 1998 General Session

72-7-306 - Limited highways — Penalty for driving animals over.

(1) A highway authority may declare a public highway that is laid out through improved lands that are not protected by fences along the lines of the highway passing through it, to be limited highways. A notice to that effect shall be posted at each end of a limited highway.

(2) A person who willfully drives any band or herd of domestic animals over a limited highway except during the time that the abutting lands are thrown open to the public by the owners for grazing purposes, is guilty of a class B misdemeanor.

Renumbered and Amended by Chapter 270, 1998 General Session

Vehicle Size, Weight, and Load Limitations

72-7-401 - Application of size, weight, and load limitations for vehicles — Exceptions.

(1) Except as provided in Subsection (2), the maximum size, weight, and load limitations on vehicles under this part apply to all highways throughout the state.Local authorities may not alter the limitations except as expressly provided under Sections 41-6a-204 and 72-7-408.

(2) Except as specifically made applicable, the size, weight, and load limitations in this chapter do not apply to: fire-fighting apparatus;highway construction and maintenance equipment being operated at the site of maintenance or at a construction project as authorized by a highway authority;highway construction and maintenance equipment temporarily being operated between a material site and a highway maintenance site or a highway construction project if:the section of any highway being used is not located within a county of the first or second class;authorized for a specific highway project by the highway authority having jurisdiction over each highway being used;the distance between the material site and maintenance site or highway construction project does not exceed 10 miles; andthe operator carries in the vehicle written verification of the authorization from the highway authority having jurisdiction over each highway being used;implements of husbandry incidentally moved on a highway while engaged in an agricultural operation or incidentally moved for repair or servicing, subject to the provisions of Section 72-7-407;vehicles transporting logs or poles from forest to sawmill:when required to move upon a highway other than the national system of interstate and defense highways;if the gross vehicle weight does not exceed 80,000 pounds; andthe vehicle or combination of vehicles are in compliance with Subsections 72-7-404(1) and (2)(a); andtow trucks or towing vehicles under emergency conditions when:it becomes necessary to move a vehicle, combination of vehicles, special mobile equipment, or objects to the nearest safe area for parking or temporary storage;no other alternative is available; andthe movement is for the safety of the traveling public.

(3) Except when operating on the national system of interstate and defense highways, a motor vehicle carrying livestock as defined in Section 4-1-109, or a motor vehicle carrying raw grain if the grain is being transported by the farmer from his farm to market prior to bagging, weighing, or processing, may exceed by up to 2,000 pounds the tandem axle weight limitations specified under Section 72-7-404 without obtaining an overweight permit under Section 72-7-406.Subsection (3)(a) is an exception to Sections 72-7-404 and 72-7-406.

Amended by Chapter 345, 2017 General Session

72-7-402 - Limitations as to vehicle width, height, length, and load extensions.

(1) Except as provided by statute, all state or federally approved safety devices and any other lawful appurtenant devices, including refrigeration units, hitches, air line connections, and load securing devices related to the safe operation of a vehicle are excluded for purposes of measuring the width and length of a vehicle under the provisions of this part, if the devices are not designed or used for carrying cargo.Load-induced tire bulge is excluded for purposes of measuring the width of vehicles under the provisions of this part.Appurtenances attached to the sides or rear of a recreational vehicle that is not a commercial motor vehicle are excluded for purposes of measuring the width and length of the recreational vehicle if the additional width or length of the appurtenances does not exceed six inches.

(2) A vehicle unladen or with a load may not exceed a width of 8-1/2 feet.

(3) A vehicle unladen or with a load may not exceed a height of 14 feet.

(4) A single-unit vehicle, unladen or with a load, may not exceed a length of 45 feet including front and rear bumpers.In this section, a truck tractor coupled to one or more semitrailers or trailers is not considered a single-unit vehicle.A semitrailer, unladen or with a load, may not exceed a length of 53 feet excluding refrigeration units, hitches, air line connections, and safety appurtenances.There is no overall length limitation on a truck tractor and semitrailer combination when the semitrailer length is 53 feet or less.Two trailers coupled together, unladen or with a load, may not exceed an overall length of 61 feet, measured from the front of the first trailer to the rear of the second trailer.There is no overall length limitation on a truck tractor and double trailer combination when the trailers coupled together measure 61 feet or less.All other combinations of vehicles, unladen or with a load, when coupled together, may not exceed a total length of 65 feet, except the length limitations do not apply to combinations of vehicles operated at night by a public utility when required for emergency repair of public service facilities or properties, or when operated under a permit under Section 72-7-406.

(5) Subject to Subsection (4), a vehicle or combination of vehicles may not carry any load extending more than three feet beyond the front of the body of the vehicle or more than six feet beyond the rear of the bed or body of the vehicle.A passenger vehicle may not carry any load extending beyond the line of the fenders on the left side of the vehicle nor extending more than six inches beyond the line of the fenders on the right side of the vehicle.

(6) Any exception to this section must be authorized by a permit as provided under Section 72-7-406.

(7) Any person who violates this section is guilty of a class C misdemeanor.

Amended by Chapter 96, 2017 General Session

72-7-403 - Towing requirements and limitations on towing.

(1) The draw-bar or other connection between any two vehicles, one of which is towing or drawing the other on a highway, may not exceed 15 feet in length from one vehicle to the other except:in the case of a connection between any two vehicles transporting poles, pipe, machinery, or structural material that cannot be dismembered when transported upon a pole trailer as defined in Section 41-6a-102; orwhen operated under a permit under Section 72-7-406.When the connection between the two vehicles is a chain, rope, or cable, a red flag or other signal or cloth not less than 12 inches both in length and width shall be displayed on or near the midpoint of the connection.

(2) A person may not operate a combination of vehicles when any trailer, semitrailer, or other vehicle being towed: whips or swerves from side to side dangerously or unreasonably; orfails to follow substantially in the path of the towing vehicle.

(3) A person who violates this section is guilty of an infraction.

Amended by Chapter 303, 2016 General Session

72-7-404 - Maximum gross weight limitation for vehicles — Bridge formula for weight limitations — Minimum mandatory fines.

(1) As used in this section:“Axle load” means the total load on all wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart.”Tandem axle” means two or more axles spaced not less than 40 inches nor more than 96 inches apart and having at least one common point of weight suspension.The tire load rating shall appear on the tire sidewall. A tire, wheel, or axle may not carry a greater weight than the manufacturer’s rating.

(2) Except as provided in Subsection (4), an individual may not operate or move a vehicle on any highway in the state with:a gross weight in excess of 10,500 pounds on one wheel;a single axle load in excess of 20,000 pounds; ora tandem axle load in excess of 34,000 pounds.Subject to the limitations of Subsection (3), the gross vehicle weight of any vehicle or combination of vehicles may not exceed 80,000 pounds.

(3) Subject to the limitations in Subsection (2), no group of two or more consecutive axles between the first and last axle of a vehicle or combination of vehicles and no vehicle or combination of vehicles may carry a gross weight in excess of the weight provided by the following bridge formula, except as provided in Subsection (3)(b):W = 500 {LN/(N-1) + 12N+36}W = overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds.L = distance in feet between the extreme of any group of two or more consecutive axles. When the distance in feet includes a fraction of a foot of one inch or more the next larger number of feet shall be used.N = number of axles in the group under consideration.Two consecutive sets of tandem axles may carry a gross weight of 34,000 pounds each if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more.

(4) An individual may operate an implement of husbandry, as defined in Section 41-1a-102, carrying a raw agricultural commodity such as corn, wheat, or hay that is over the single axle weight described in Subsection (2), if: the single axle load is not over the limit described in Subsection (2) by more than 2,000 pounds;the total gross vehicle weight of the vehicle or combination of vehicles is not over the limit described in Subsection (2); andthe individual is not operating the implement of husbandry on the interstate system.

(5) The department may authorize an exception to this section by an overweight permit as provided in Section 72-7-406.

(6) Any person who violates this section is guilty of an infraction except that, notwithstanding Sections 76-3-301 and 76-3-302, the department may require the violator to pay a fine of either:$50plusthesumoftheoverweightaxlefinescalculatedunderSubsection[[Title-72/72-Ch72_7|(6)(b)]];or$50 plus the gross vehicle weight fine calculated under Subsection (6)(b).The department shall calculate the fine for each axle and a gross vehicle weight violation according to the following schedule:Number of Pounds OverweightAxle Fine (Cents per Poundfor Each Overweight Axle)Gross Vehicle Weight Fine(Cents per Pound)1 - 2,000002,001 - 5,000455,001 - 8,000558,001 - 12,0006512,001 - 16,0007516,001 - 20,0009520,001 - 25,00011525,001 or more135

Amended by Chapter 251, 2019 General Session

72-7-405 - Measuring vehicles for size and weight compliance — Summary powers of peace officers — Penalty for violations.

(1) Any peace officer having reason to believe that the height, width, length, or weight of a vehicle and load is unlawful may require the operator to stop the vehicle and submit to a measurement or weighing of the vehicle and load.

(2) A peace officer may require that the vehicle be driven to the nearest scales or port-of-entry if the scales or port-of-entry is within three miles.

(3) A peace officer, special function officer, or port-of-entry agent may measure or weigh a vehicle and vehicle load for compliance with this chapter.If, upon measuring or weighing a vehicle and load, it is determined that the height, width, length, or weight is unlawful, the measuring or weighing peace officer, special function officer, or port-of-entry agent may require the operator to park the vehicle in a suitable place. The vehicle shall remain parked until the vehicle or its load is adjusted or a portion of the load is removed to conform to legal limits. All materials unloaded shall be cared for by the owner or operator of the vehicle at his risk.

(4) An operator who fails or refuses to stop and submit the vehicle and load to a measurement or weighing, or who fails or refuses when directed by a peace officer, special function officer, or port-of-entry agent to comply with this section is guilty of an infraction.

Amended by Chapter 303, 2016 General Session

72-7-406 - Oversize permits and oversize and overweight permits for vehicles of excessive size or weight — Applications — Restrictions — Fees — Rulemaking provisions — Penalty.

(1) The department may, upon receipt of an application and good cause shown, issue in writing an oversize permit or an oversize and overweight permit. The oversize permit or oversize and overweight permit may authorize the applicant to operate or move upon a highway:a vehicle or combination of vehicles, unladen or with a load weighing more than the maximum weight specified in Section 72-7-404 for any wheel, axle, group of axles, or total gross weight; ora vehicle or combination of vehicles that exceeds the vehicle width, height, or length provisions under Section 72-7-402 or draw-bar length restriction under Subsection 72-Ch72_7|72-7-403](a).Except as provided under Subsections (5) and (8),the department may not issue an oversize and overweight permit under this section to allow the transportation of a load that is reasonably divisible.The department may not authorize a maximum size or weight permit under this section that could impair the state’s ability to qualify for federal-aid highway funds.The department may deny or issue a permit under this section to protect the safety of the traveling public and to protect highway foundation, surfaces, or structures from undue damage by one or more of the following:limiting the number of trips the vehicle may make;establishing seasonal or other time limits within which the vehicle may operate or move on the highway indicated;requiring insurance in addition to the permit to compensate for any potential damage by the vehicle to any highway; andotherwise limiting the conditions of operation or movement of the vehicle.Prior to granting a permit under this section, the department shall approve the route of any vehicle or combination of vehicles.

(2) An application for a permit under this section shall state:the proposed maximum wheel loads, maximum axle loads, all axle spacings of each vehicle or combination of vehicles;the proposed maximum load size and maximum size of each vehicle or combination of vehicles;the specific roads requested to be used under authority of the permit; andif the permit is requested for a single trip or if other seasonal limits or time limits apply.

(3) The driver of each vehicle requiring an oversize permit or oversize and overweight permit shall ensure that the permit is present in the vehicle or combination of vehicles to which the permit refers and available for inspection by any peace officer, special function officer, port of entry agent, or other personnel authorized by the department.A driver may provide proof of an oversize permit or oversize and overweight permit as required in Subsection (3)(a) by showing an electronic copy of the permit.

(4) The department may not issue a permit under this section, and a permit is not valid, unless the vehicle or combination of vehicles is:properly registered for the weight authorized by the permit; orregistered for a gross laden weight of 78,001 pounds or over, if the gross laden weight authorized by the permit exceeds 80,000 pounds.

(5) The department may issue an oversize permit under this section for a vehicle or combination of vehicles that exceeds one or more of the maximum width, height, or length provisions under Section 72-7-402.Except for an annual oversize permit for an implement of husbandry under Section 72-7-407, for a permit issued under Subsection (5)(a)(iii), or for an annual oversize permit issued under Subsection (5)(a)(iv), the department may issue only a single trip oversize permit for a vehicle or combination of vehicles that is more than 14 feet 6 inches wide, 14 feet high, or 105 feet long.An oversize permit may be issued for a vehicle or combination of vehicles with a maximum height of 14 feet 6 inches high to allow the transportation of a load that is reasonably divisible.In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules for the issuance of an annual oversize permit for a vehicle or combination of vehicles that is more than 14 feet 6 inches wide, 14 feet high, or 105 feet long if the department determines that the permit is needed to accommodate highway transportation needs for multiple trips on a specified route.The fee is $30forasingletripoversizepermitunderthisSubsection(5).Thispermitisvalidfornotmorethan96continuoushours.Thefeeis$75 for a semiannual oversize permit under this Subsection (5). This permit is valid for not more than 180 continuous days.The fee is $90 for an annual oversize permit under this Subsection (5). This permit is valid for not more than 365 continuous days.

(6) The department may issue an oversize and overweight permit under this section for a vehicle or combination of vehicles carrying a nondivisible load that exceeds one or more of the maximum weight provisions of Section 72-7-404 up to a gross weight of 125,000 pounds.The fee is $60forasingletripoversizeandoverweightpermitunderthisSubsection(6).Thispermitisvalidfornotmorethan96continuoushours.AsemiannualoversizeandoverweightpermitunderthisSubsection(6)isvalidfornotmorethan180continuousdays.Thefeeforthispermitis:$180 for a vehicle or combination of vehicles with gross vehicle weight of 84,000 pounds or less;$320foravehicleorcombinationofvehicleswithgrossvehicleweightofmorethan84,000pounds,butnotexceeding112,000pounds;and$420 for a vehicle or combination of vehicles with gross vehicle weight of more than 112,000 pounds, but not exceeding 125,000 pounds.An annual oversize and overweight permit under this Subsection (6) is valid for not more than 365 continuous days. The fee for this permit is:$240foravehicleorcombinationofvehicleswithgrossvehicleweightof84,000poundsorless;$480 for a vehicle or combination of vehicles with gross vehicle weight of more than 84,000 pounds, but not exceeding 112,000 pounds; and$540 for a vehicle or combination of vehicles with gross vehicle weight of more than 112,000 pounds, but not exceeding 125,000 pounds.

(7) The department may issue a single trip oversize and overweight permit under this section for a vehicle or combination of vehicles carrying a nondivisible load that exceeds:one or more of the maximum weight provisions of Section 72-7-404; ora gross weight of 125,000 pounds.The fee for a single trip oversize and overweight permit under this Subsection (7), which is valid for not more than 96 continuous hours, is $.012permileforeach1,000poundsabove80,000poundssubjecttotheroundingdescribedinSubsection(7)(c).TheminimumfeethatmaybechargedunderthisSubsection(7)is$80.The maximum fee that may be charged under this Subsection (7) is $540.ThemilesusedtocalculatethefeeunderthisSubsection(7)shallberoundeduptothenearest50mileincrement.ThepoundsusedtocalculatethefeeunderthisSubsection(7)shallberoundeduptothenearest25,000poundincrement.ThedepartmentshallroundthedollaramountusedtocalculatethefeeunderthisSubsection(7)tothenearest$10 increment.

(8) The department may issue an oversize and overweight permit under this section for a vehicle or combination of vehicles carrying a divisible load if:the bridge formula under Subsection 72-Ch72_7|72-7-404] is not exceeded; andthe length of the vehicle or combination of vehicles is:more than the limitations specified under Subsections 72-Ch72_7|72-7-402](c) and (d) or Subsection 72-Ch72_7|72-7-403](a) but not exceeding 81 feet in cargo carrying length and the application is for a single trip, semiannual trip, or annual trip permit; ormore than 81 feet in cargo carrying length but not exceeding 95 feet in cargo carrying length and the application is for an annual trip permit.The fee is $60forasingletripoversizeandoverweightpermitunderthisSubsection(8).Thepermitisvalidfornotmorethan96continuoushours.ThefeeforasemiannualoversizeandoverweightpermitunderthisSubsection(8),whichpermitisvalidfornotmorethan180continuousdaysis:$180 for a vehicle or combination of vehicles with gross vehicle weight of more than 80,000 pounds, but not exceeding 84,000 pounds;$320foravehicleorcombinationofvehicleswithgrossvehicleweightofmorethan84,000pounds,butnotexceeding112,000pounds;and$420 for a vehicle or combination of vehicles with gross vehicle weight of more than 112,000 pounds, but not exceeding 129,000 pounds.The fee for an annual oversize and overweight permit under this Subsection (8), which permit is valid for not more than 365 continuous days is:$240foravehicleorcombinationofvehicleswithgrossvehicleweightofmorethan80,000pounds,butnotexceeding84,000pounds;$480 for a vehicle or combination of vehicles with gross vehicle weight of more than 84,000 pounds, but not exceeding 112,000 pounds; and$540 for a vehicle or combination of vehicles with gross vehicle weight of more than 112,000 pounds, but not exceeding 129,000 pounds.

(9) Permit fees collected under this section shall be credited monthly to the Transportation Fund.

(10) The department shall prepare maps, drawings, and instructions as guidance when issuing permits under this section.

(11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules governing the issuance and revocation of all permits under this section and Section 72-7-407.

(12) Any person who violates any of the terms or conditions of a permit issued under this section:may have the person’s permit revoked; andis guilty of an infraction, except that a violation of any rule made under Subsection (11) is not subject to a criminal penalty.

Amended by Chapter 457, 2024 General Session

72-7-407 - Implements of husbandry — Escort vehicle requirements — Oversize permit — Penalty.

(1) As used in this section, “escort vehicle” means a motor vehicle, as defined under Section 41-1a-102, that has its emergency warning lights operating, and that is being used to warn approaching motorists by either preceding or following a slow or oversized vehicle, object, or implement of husbandry being moved on the highway.

(2) An implement of husbandry being moved on a highway shall be accompanied by: front and rear escort vehicles when the implement of husbandry is 16 feet in width or greater unless the implement of husbandry is moved by a farmer or rancher or the farmer or rancher’s employees in connection with an agricultural operation; orone or more escort vehicles when the implement of husbandry is traveling on a highway where special hazards exist related to weather, pedestrians, other traffic, or highway conditions.

(3) In addition to the requirements of Subsection (2), a person may not move an implement of husbandry on a highway during hours of darkness without lights and reflectors as required under Section 41-6a-1608 or 41-6a-1609.

(4) Except for an implement of husbandry moved by a farmer or rancher or the farmer’s or rancher’s employees in connection with an agricultural operation, a person may not move an implement of husbandry on the highway without:an oversize permit obtained under Section 72-7-406 if required;trained escort vehicle drivers and approved escort vehicles when required under Subsection (2); andcompliance with the vehicle weight requirements of Section 72-7-404.The department shall issue an annual oversize permit for the purpose of allowing the movement of implements of husbandry on the highways in accordance with this chapter.The permit shall require the applicant to obtain verbal permission from the department for each trip involving the movement of an implement of husbandry 16 feet or greater in width.

(5) Any person who violates this section is guilty of an infraction.

Amended by Chapter 303, 2016 General Session

72-7-408 - Highway authority — Restrictions on highway use — Erection and maintenance of signs designating restrictions — Penalty.

(1) Subject to Subsection (1)(b), a highway authority may by rule or ordinance prescribe procedures and criteria which prohibit the operation of any vehicle or impose restrictions on the weight of a vehicle upon any highway under its jurisdiction.A highway authority may impose restrictions for a highway under Subsection (1)(a) if an engineering inspection concludes that, due to deterioration caused by climatic conditions, a highway will be seriously damaged or destroyed unless certain vehicles are prohibited or vehicle weights are restricted.

(2) The highway authority imposing restrictions under this section shall erect signs citing the provisions of the rule or ordinance at each end of that portion of any highway affected. The restriction is effective only when the signs are erected and maintained.

(3) Any person who violates any restriction imposed under the authority of this section is guilty of an infraction.

Amended by Chapter 303, 2016 General Session

72-7-409 - Loads on vehicles — Limitations — Confining, securing, and fastening load required — Penalty.

(1) As used in this section:“Agricultural product” means any raw product which is derived from agriculture, including silage, hay, straw, grain, manure, and other similar product.”Unsecured load” means the contents of a vehicle, operated on a highway, not sufficiently covered, confined, fastened, or otherwise secured in a way to prevent the contents from escaping the vehicle.”Unsecured load” includes materials such as dirt, sand, gravel, rock fragments, pebbles, crushed base, aggregate, any other similar material, or scrap metal or other loose material on any portion of the vehicle not designed to carry the material.”Vehicle” means the same as that term is defined in Section 41-1a-102.

(2) Except as provided in Subsections (3) through (5), a person may not:operate a vehicle with an unsecured load on any highway; oroperate a vehicle carrying trash or garbage without a covering over the entire load.

(3) A vehicle carrying dirt, sand, gravel, rock fragments, pebbles, crushed base, aggregate, any other similar material, or scrap metal shall have a covering over the entire load unless:the highest point of the load does not extend above the top of any exterior wall or sideboard of the cargo compartment of the vehicle; andthe outer edges of the load are at least six inches below the top inside edges of the exterior walls or sideboards of the cargo compartment of the vehicle.The following material is exempt from the provisions of Subsection (3)(a):hot mix asphalt;construction debris or scrap metal if the debris or scrap metal is a size and in a form not susceptible to being blown out of the vehicle;material being transported across a highway between two parcels of property that would be contiguous but for the highway that is being crossed; andmaterial listed under Subsection (3)(a) that is enclosed on all sides by containers, bags, or packaging.A chemical substance capable of coating or bonding a load so that the load is confined on a vehicle, may be considered a covering for purposes of Subsection (3)(a) so long as the chemical substance remains effective at confining the load.

(4) Subsection (2) does not apply to a vehicle or implement of husbandry carrying an agricultural product, if the agricultural product is:being transported in a manner which is not a hazard or a potential hazard to the safe operation of the vehicle or to other highway users; andloaded in a manner that only allows minimal spillage.

(5) An authorized vehicle performing snow removal services on a highway is exempt from the requirements of this section.This section does not prohibit the necessary spreading of any substance connected with highway maintenance, construction, securing traction, or snow removal.

(6) Any person suspected of operating a vehicle with an unsecured load on a highway may be issued a warning.Any person who violates this section is guilty of:an infraction, if the violation creates a hazard but does not lead to a motor vehicle accident;a class B misdemeanor, if the violation creates a hazard that leads to a motor vehicle accident; ora class A misdemeanor, if the violation creates a hazard that leads to a motor vehicle accident that results in the serious bodily injury or death of a person.A person who violates a provision of this section shall be fined not less than:$200foraviolation;or$500 for a second or subsequent violation within six years of a previous violation of this section.A person who violates a provision of this section while operating a commercial vehicle as defined in Section 72-9-102 shall be fined:not less than $500foraviolation;or$1,000 for a second or subsequent violation within six years of a previous violation of this section.

(7) As resources and opportunities allow, the department shall implement programs or activities that increase public awareness on the importance of properly securing loads.

Amended by Chapter 393, 2025 General Session

72-7-410 - Public landfill litter abatement fine.

(1) As used in this section:“Landfill” means a landfill or transfer station that is permitted by the Department of Environmental Quality.”Securely covered” means that the content of a load is completely covered by a solid barrier which will prevent the load from blowing, spilling, or falling from the vehicle.

(2) A driver utilizing a landfill shall ensure that the vehicle’s load is securely covered from the destination of origin until the driver deposits the load at the landfill.

(3) A landfill shall collect a $10 minimum fine for a vehicle in violation of Subsection (2), beginning no later than July 1, 2026.Five dollars of the fine described in Subsection (3)(a) shall be collected by the Department of Environmental Quality and deposited into the Litter Abatement Expendable Special Revenue Fund created in Section 72-2-135.The remainder of the fine described in Subsection (3)(a) shall be retained by the collecting landfill.The minimum fine described in Subsection (3)(a) does not preclude a landfill from imposing an additional or higher fine or fee for an unsecured load.A landfill may impose an additional penalty for a driver who repeatedly violates Subsection (2).

(4) The Department of Environmental Quality may retain its associated administrative costs from the funds described in Subsection (3)(b).

(5) A landfill shall provide an annual report to the Department of Environmental Quality on or before March 1 regarding violations of Subsection (2).

Enacted by Chapter 393, 2025 General Session

Utah Outdoor Advertising Act

72-7-501 - Purpose of part — Utah-Federal Agreements ratified.

(1) The purpose of this part is to provide the statutory basis for the regulation of outdoor advertising consistent with zoning principles and standards and the public policy of this state in providing public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in highways, to preserve the natural scenic beauty of lands bordering on highways, and to ensure that outdoor advertising shall be continued as a standardized medium of communication throughout the state so that it is preserved and can continue to provide general information in the specific interest of the traveling public safely and effectively.

(2) It is the purpose of this part to provide a statutory basis for the reasonable regulation of outdoor advertising consistent with the customary use, zoning principles and standards, the protection of private property rights, and the public policy relating to areas adjacent to the interstate, federal aid primary highway existing as of June 1, 1991, and the national highway systems highways.

(3) The agreement entered into between the governor of the state of Utah and the Secretary of Transportation of the United States dated January 18, 1968, regarding the size, lighting, and spacing of outdoor advertising which may be erected and maintained within areas adjacent to the interstate, federal aid primary highway existing as of June 1, 1991, and national highway systems highways which are zoned commercial or industrial or in other unzoned commercial or industrial areas as defined pursuant to the terms of the agreement is hereby ratified and approved, subject to subsequent amendments.

Renumbered and Amended by Chapter 270, 1998 General Session

72-7-502 - Definitions.

As used in this part:

(1) “Clearly visible” means capable of being read without obstruction by an occupant of a vehicle traveling on the main traveled way of a street or highway within the visibility area.

(2) “Commercial or industrial activities” means those activities generally recognized as commercial or industrial by zoning authorities in this state, except that none of the following are commercial or industrial activities:agricultural, forestry, grazing, farming, and related activities, including wayside fresh produce stands;transient or temporary activities;activities not visible from the main-traveled way;activities conducted in a building principally used as a residence; andrailroad tracks and minor sidings.

(3) “Commercial or industrial zone” means only:those areas within the boundaries of cities or towns that are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation or comprehensive local zoning ordinances or regulations;those areas within the boundaries of urbanized counties that are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation or comprehensive local zoning ordinances or regulations;those areas outside the boundaries of urbanized counties and outside the boundaries of cities and towns that:are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under comprehensive local zoning ordinances or regulations or enabling state legislation; andare within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured from the nearest point of the beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way; orthose areas outside the boundaries of urbanized counties and outside the boundaries of cities and towns and not within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured from the nearest point of the beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way that are reserved for business, commerce, or trade under enabling state legislation or comprehensive local zoning ordinances or regulations, and are actually used for commercial or industrial purposes.”Commercial or industrial zone” does not mean areas zoned for the sole purpose of allowing outdoor advertising.

(4) “Comprehensive local zoning ordinances or regulations” means a municipality’s general plan required by Section 10-20-401, the municipal zoning regulations authorized by Section 10-20-501, the county general plan authorized by Section 17-79-401, and county zoning regulations authorized by Section 17-79-501.Property that is rezoned by comprehensive local zoning ordinances or regulations is rebuttably presumed to have not been zoned for the sole purpose of allowing outdoor advertising.

(5) “Contiguous” means that a portion of one parcel of land is situated immediately adjacent to, and shares a common boundary with, a portion of another parcel of land.

(6) “Controlled route” means any route where outdoor advertising control is mandated by state or federal law, including under this part and under the Utah-Federal Agreements described in Section 72-7-501.

(7) “Directional signs” means signs containing information about public places owned or operated by federal, state, or local governments or their agencies, publicly or privately owned natural phenomena, historic, cultural, scientific, educational, or religious sites, and areas of natural scenic beauty or naturally suited for outdoor recreation, that the department considers to be in the interest of the traveling public.

(8) “Erect” means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being.”Erect” does not include any activities defined in Subsection (8)(a) if they are performed incident to the change of an advertising message or customary maintenance of a sign.

(9) “Highway service zone” means a highway service area where the primary use of the land is used or reserved for commercial and roadside services other than outdoor advertising to serve the traveling public.

(10) “Information center” means an area or site established and maintained at rest areas for the purpose of informing the public of:places of interest within the state; orany other information that the department considers desirable.

(11) “Interchange or intersection” means those areas and their approaches where traffic is channeled off or onto an interstate route, excluding the deceleration lanes, acceleration lanes, or feeder systems, from or to another federal, state, county, city, or other route.

(12) “Maintain” means to allow to exist, subject to the provisions of this chapter.

(13) “Maintenance” means to repair, refurbish, repaint, or otherwise keep an existing sign structure safe and in a state suitable for use, including signs destroyed by vandalism or an act of God.

(14) “Main-traveled way” means the through traffic lanes, including auxiliary lanes, acceleration lanes, deceleration lanes, and feeder systems, exclusive of frontage roads and ramps. For a divided highway, there is a separate main-traveled way for the traffic in each direction.

(15) “Major sponsor” means a sponsor of a public assembly facility or of a team or event held at the facility where the amount paid by the sponsor to the owner of the facility, to the team, or for the event is at least $100,000 per year.

(16) “Official signs and notices” means signs and notices erected and maintained by public agencies within their territorial or zoning jurisdictions for the purpose of carrying out official duties or responsibilities in accordance with direction or authorization contained in federal, state, or local law.

(17) “Off-premise sign” means a sign located in an area zoned industrial, commercial, or H-1 and in an area determined by the department to be unzoned industrial or commercial that advertises an activity, service, event, person, or product located on premises other than the premises on which the sign is located.

(18) “On-premise sign” means a sign used to advertise the sale or lease of, or activities conducted on, the property on which the sign is located.

(19) “Outdoor advertising” means any outdoor advertising structure or outdoor structure used in combination with an outdoor advertising sign or outdoor sign within the outdoor advertising corridor which is visible from a place on the main-traveled way of a controlled route.

(20) “Outdoor advertising corridor” means a strip of land 660 feet wide, measured perpendicular from the edge of a controlled highway right-of-way.

(21) “Outdoor advertising structure” or “outdoor structure” means any sign structure, including any necessary devices, supports, appurtenances, and lighting that is part of or supports an outdoor sign.

(22) “Point of widening” means the point of the gore or the point where the intersecting lane begins to parallel the other lanes of traffic, but the point of widening may never be greater than 2,640 feet from the center line of the intersecting highway of the interchange or intersection at grade.

(23) “Public assembly facility” means a convention facility as defined under Section 59-12-602 that:includes all contiguous interests in land, improvements, and utilities acquired, constructed, and used in connection with the operation of the public assembly facility, whether the interests are owned or held in fee title or a lease or easement for a term of at least 40 years, and regardless of whether the interests are owned or operated by separate governmental authorities or districts;is wholly or partially funded by public money;requires a person attending an event at the public assembly facility to purchase a ticket or that otherwise charges for the use of the public assembly facility as part of its regular operation; andhas a minimum and permanent seating capacity of at least 10,000 people.

(24) “Public assembly facility sign” means a sign located on a public assembly facility that only advertises the public assembly facility, major sponsors, events, the sponsors of events held or teams playing at the facility, and products sold or services conducted at the facility.

(25) “Relocation” includes the removal of a sign from one situs together with the erection of a new sign upon another situs in a commercial or industrial zoned area as a substitute.

(26) “Relocation and replacement” means allowing all outdoor advertising signs or permits the right to maintain outdoor advertising along the interstate, federal aid primary highway existing as of June 1, 1991, and national highway system highways to be maintained in a commercial or industrial zoned area to accommodate the displacement, remodeling, or widening of the highway systems.

(27) “Remodel” means the upgrading, changing, alteration, refurbishment, modification, or complete substitution of a new outdoor advertising structure for one permitted pursuant to this part and that is located in a commercial or industrial area.

(28) “Rest area” means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control for the convenience of the traveling public.

(29) “Scenic or natural area” means an area determined by the department to have aesthetic value.

(30) “Traveled way” means that portion of the roadway used for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

(31) “Unzoned commercial or industrial area” means:those areas not zoned by state law or local law, regulation, or ordinance that are occupied by one or more industrial or commercial activities other than outdoor advertising signs;the lands along the highway for a distance of 600 feet immediately adjacent to those activities; andlands covering the same dimensions that are directly opposite those activities on the other side of the highway, if the department determines that those lands on the opposite side of the highway do not have scenic or aesthetic value.In measuring the scope of the unzoned commercial or industrial area, all measurements shall be made from the outer edge of the regularly used buildings, parking lots, storage, or processing areas of the activities and shall be along or parallel to the edge of pavement of the highway.All signs located within an unzoned commercial or industrial area become nonconforming if the commercial or industrial activity used in defining the area ceases for a continuous period of 12 months.

(32) “Urbanized county” means a county with a population of at least 125,000 persons.

(33) “Visibility area” means the area on a street or highway that is:defined at one end by a line extending from the base of the billboard across all lanes of traffic of the street or highway in a plane that is perpendicular to the street or highway; anddefined on the other end by a line extending across all lanes of traffic of the street or highway in a plane that is:perpendicular to the street or highway; and500 feet from the base of the billboard.

Amended by Chapter 15, 2025 Special Session 1

72-7-503 - Advertising — Permit required — Penalty for violation.

(1) It is unlawful for any person to place any form of advertising upon any part of the public domain, or within 660 feet of a public highway, except within the corporate limits of a city or town, and except upon land in private ownership situated along the highway, without first receiving a permit from the department, if a state highway, or from the county executive, if a county road.

(2) Any person who violates this section is guilty of a class B misdemeanor.

Amended by Chapter 299, 2016 General Session

72-7-504 - Advertising prohibited near interstate or primary system — Exceptions — Logo advertising — Department rules.

(1) As used in this section, “specific service trailblazer sign” means a guide sign that provides users with business identification or directional information for services and eligible activities that are advertised on a logo advertising sign authorized under Subsection (3)(a)(i).

(2) Outdoor advertising that is capable of being read or comprehended from any place on the main-traveled way of an interstate or primary system may not be erected or maintained, except: directional and other official signs and notices authorized or required by law, including signs and notices pertaining to natural wonders and scenic and historic attractions, informational or directional signs regarding utility service, emergency telephone signs, buried or underground utility markers, and above ground utility closure signs;on-premise signs advertising the sale or lease of property upon which the on-premise signs are located;on-premise signs advertising major activities conducted on the property where the on-premise signs are located;public assembly facility signs;unified commercial development signs that have received a waiver as described in Section 72-7-504.6;signs located in a commercial or industrial zone;signs located in unzoned industrial or commercial areas as determined from actual land uses; andlogo advertising under Subsection (3).

(3) The department may itself or by contract erect, administer, and maintain informational signs:on the main-traveled way of an interstate or primary system, as it existed on June 1, 1991, specific service signs for the display of logo advertising and information of interest, excluding specific service trailblazer signs as defined in rules adopted in accordance with Section 41-6a-301, to the traveling public if: the department complies with Title 63G, Chapter 6a, Utah Procurement Code, in the lease or other contract agreement with a private party for the sign or sign space; andthe private party for the lease of the sign or sign space pays an amount set by the department to be paid to the department or the party under contract with the department under this Subsection (3); andonly on rural conventional roads as defined in rules adopted in accordance with Section 41-6a-301 in a county of the fourth, fifth, or sixth class for tourist-oriented directional signs that display logo advertising and information of interest to the traveling public if: the department complies with Title 63G, Chapter 6a, Utah Procurement Code, in the lease or other contract agreement with a private party for the tourist-oriented directional sign or sign space; andthe private party for the lease of the sign or sign space pays an amount set by the department to be paid to the department or the party under contract with the department under this Subsection (3).The amount shall be sufficient to cover the costs of erecting, administering, and maintaining the signs or sign spaces.Any sign erected pursuant to this Subsection (3) which was existing as of March 1, 2015, shall be permitted as if it were in compliance with this Subsection (3).A noncompliant sign shall only be permitted for the contract period of the advertising contract.A new advertising contract may not be issued for a noncompliant sign.The department may consult the Governor’s Office of Economic Opportunity in carrying out this Subsection (3).

(4) Revenue generated under Subsection (3) shall be:applied first to cover department costs under Subsection (3); anddeposited into the Transportation Fund.Revenue in excess of costs under Subsection (3)(a) shall be deposited into the General Fund as a dedicated credit for use by the Governor’s Office of Economic Opportunity no later than the following fiscal year.

(5) Outdoor advertising under Subsections (2)(a), (f), (g), and (h) shall conform to the rules made by the department under Sections 72-7-506 and 72-7-507.

Amended by Chapter 282, 2021 General Session

72-7-504.5 - Public assembly facility signs — Restrictions.

.5(1) Signs on the premises of a public assembly facility that do not bring rental income to the owner of the public assembly facility may advertise: the name of the facility, including identifiable venues or stores within the facility; andprincipal or accessory products or services offered on the property and activities conducted on the property as permitted by 23 C.F.R. Section 750.709, including:events being conducted in the facility or upon the premises, including the sponsor of the current event; andproducts or services sold at the facility and activities conducted on the property that produce significant income to the operation of the facility.

.5(2) An advertising structure described in Subsection (1): shall be located on a public assembly facility or on a parcel contiguous to the public assembly facility;shall be under the same ownership as the public assembly facility; andmay not be separated from the public assembly facility by a public road.

.5(3) An advertising structure described in Subsection (1) may only promote a maximum of seven major sponsors and the sponsor of a current event at any one time.

.5(4) An advertising structure described in Subsection (1) may not be located on narrow land held by easement or anything other than a fee interest unless it is a part of a public assembly facility.

.5(5) A public assembly facility is exempt from the requirement under this part to have a state outdoor advertising permit.

Amended by Chapter 346, 2011 General Session

72-7-504.6 - Unified commercial development.

.6(1) As used in this section: “Common areas” means sidewalks, roadways, landscaping, parking, storage, and service areas that are identified on the approved map provided to the department describing the unified commercial development as required by this section.”Contiguous” includes parcels that are otherwise contiguous, as defined in Section 72-7-502, that are considered to be contiguous notwithstanding a survey error or discrepancy in a legal boundary description or the presence of any of the following intervening features, including land reasonably related to those features: a road, other than a controlled route, that provides access to the development;a railway right-of-way; orland that is undevelopable.”Contiguous” does not include a parcel of land that is only physically connected to another parcel of land by a long, narrow strip.”Permit waiver” means written approval by the department, issued to the owner of a unified commercial development, to maintain a unified commercial development sign within the outdoor corridor that is within the boundaries of a unified commercial development per this section.”Property,” for purposes of the definition of ” unified commercial development sign,” includes all property within a unified commercial development upon which all owners in the development have irrevocable shared ownership and use rights and irrevocable shared obligations to the common areas, and specifically excludes any parcels of land within a unified commercial development that allow residential use.”Property” does not include development that involves merely reciprocal easements or use agreements among individual properties.If the owners in an approved unified commercial development subdivide the unified commercial development into individual parcels that do not meet the criteria in this Subsection (1)(d), then the approved unified commercial development sign permit waiver shall be denied or revoked.”Unified commercial development” means a development that:is used primarily for commercial or industrial activities;is developed by a single developer, including successors, under a common development plan;may include phased development;consists solely of land that is contiguous;holds itself out to the public as a common development through signs and other marketing efforts; andreceived planning approval from the local land use authority and is recorded in the county in which the development was approved.”Unified commercial development sign” means a sign:erected within an approved unified commercial development;erected within the outdoor advertising corridor; andthat advertises only the brands, logos, or trade names of businesses, products, services, and events that are available to the public at facilities on parcels within the boundaries of the unified commercial development.

.6(2) The department shall issue a revocable permit waiver to the owner of a unified commercial development, approved by the local land use authority, for the erection and maintenance of a unified commercial development sign within the outdoor advertising corridor after receiving the development map that:is approved by the local land use authority and recorded by the county; andshows: the unified commercial development sign location;the boundaries of the unified commercial development; andincluded parcels, owners, and businesses within the development that would qualify to advertise on the unified commercial development sign in compliance with this section.The entity holding a permit waiver under this section shall provide an updated list of all businesses located within the unified commercial development every 12 months from the date of issue of the unified commercial development permit waiver.In the event that a parcel within the boundaries of the approved unified commercial development allows a residential use, is removed from the development, or does not include irrevocable ownership and use rights and obligations, that parcel shall be excluded from the unified commercial development for purposes of determining a legal site for the sign, and any business, product, service, or event occurring on that parcel shall be excluded from display upon the unified commercial development sign.

.6(3) A unified commercial development sign within a unified commercial development shall prominently display the name of the development and may also advertise: the sale or lease of land within the unified commercial development where the sign is located;the name of identifiable facilities or stores within the unified commercial development; andproducts for sale or services provided to the public at licensed businesses within the unified commercial development.

.6(4) A unified commercial development sign may not:advertise brands, logos, or trade names of businesses, products, services, events, or activities that are not available to the public at facilities or stores within the unified commercial development or are only incidental to any business within the unified commercial development;advertise products, services, brands, logos, or trade names of any business more than 90 days before the opening day of business to the public within the unified commercial development of the facilities or stores of the named advertiser; orexceed the measurable limits described in Subsection (4)(b).A unified commercial development sign shall be:750 feet, measured along the same side of an interstate right-of-way, from any other unified commercial development sign within the same unified commercial development; and475 feet, measured along the same side of the right-of-way of any noninterstate controlled route, from any other unified commercial development sign within the same unified commercial development.

.6(5) A unified commercial development sign that is not maintained in compliance with this section shall: have the sign owner’s permit waiver revoked by the department;be considered as unlawful outdoor advertising; andbe subject to penalties described in Section 72-7-508 and Subsection 72-7-510(3)(c).

.6(6) Notwithstanding any other provision in this part to the contrary, any sign or structure lawfully existing under Laws of Utah 2016, Chapter 299, on February 1, 2017, may continue to be operated, maintained, rebuilt, or replaced in a manner consistent with such chapter.

Amended by Chapter 260, 2017 General Session

72-7-505 - Sign size — Sign spacing — Location in outdoor advertising corridor — Limit on implementation.

(1) Except as provided in Subsection (2), a sign face within the state may not exceed the following limits:maximum area - 1,000 square feet;maximum length - 60 feet; andmaximum height - 25 feet.No more than two facings visible and readable from the same direction on the main-traveled way may be erected on any one sign structure. Whenever two facings are so positioned, neither shall exceed the maximum allowed square footage.Two or more advertising messages on a sign face and double-faced, back-to-back, stacked, side-by-side, and V-type signs are permitted as a single sign or structure if both faces enjoy common ownership.A changeable message sign is permitted if the interval between message changes is not more frequent than at least eight seconds and the actual message rotation process is accomplished in three seconds or less.An illumination standard adopted by any jurisdiction shall be uniformly applied to all signs, public or private, on or off premise.

(2) An outdoor sign structure located inside the unincorporated area of a nonurbanized county may have the maximum height allowed by the county for outdoor advertising structures in the commercial or industrial zone in which the sign is located. If no maximum height is provided for the location, the maximum sign height may be 65 feet above the ground or 25 feet above the grade of the main traveled way, whichever is greater.An outdoor sign structure located inside an incorporated municipality or urbanized county may have the maximum height allowed by the municipality or urbanized county for outdoor advertising structures in the commercial or industrial zone in which the sign is located. If no maximum height is provided for the location, the maximum sign height may be 65 feet above the ground or 25 feet above the grade of the main traveled way, whichever is greater.

(3) Except as provided in Section 72-7-509: Any sign allowed to be erected by reason of the exceptions set forth in Subsection 72-7-504(2) or in H-1 zones may not be closer than 500 feet to an existing off-premise sign adjacent to an interstate highway or limited access primary highway, except that signs may be erected closer than 500 feet if the signs on the same side of the interstate highway or limited access primary highway are not simultaneously visible.Signs may not be located within 500 feet of any of the following which are adjacent to the highway, unless the signs are in an incorporated area:public parks;public forests;public playgrounds;areas designated as scenic areas by the department or other state agency having and exercising this authority; orcemeteries.Except under Subsection (3)(c)(ii), signs may not be located on an interstate highway or limited access highway on the primary system within 500 feet of an interchange, or intersection at grade, or rest area measured along the interstate highway or freeway from the sign to the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way.Interchange and intersection distance limitations shall be measured separately for each direction of travel. A measurement for each direction of travel may not control or affect any other direction of travel.A sign may be placed closer than 500 feet from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way, if: the sign is replacing an existing outdoor advertising use or structure which is being removed or displaced to accommodate the widening, construction, or reconstruction of an interstate, federal aid primary highway existing as of June 1, 1991, or national highway system highway; andit is located in a commercial or industrial zoned area inside an urbanized county or an incorporated municipality.The location of signs situated on nonlimited access primary highways in commercial, industrial, or H-1 zoned areas between streets, roads, or highways entering the primary highway shall not exceed the following minimum spacing criteria:Where the distance between centerlines of intersecting streets, roads, or highways is less than 1,000 feet, a minimum spacing between structures of 150 feet may be permitted between the intersecting streets or highways.Where the distance between centerlines of intersecting streets, roads, or highways is 1,000 feet or more, minimum spacing between sign structures shall be 300 feet.All outdoor advertising shall be erected and maintained within the outdoor advertising corridor.

(4) Subsection (3)(c)(ii) may not be implemented until: the Utah-Federal Agreement for carrying out national policy relative to control of outdoor advertising in areas adjacent to the national system of interstate and defense highways and the federal-aid primary system is modified to allow the sign placement specified in Subsection (3)(c)(ii); andthe modified agreement under Subsection (4)(a) is signed on behalf of both the state and the United States Secretary of Transportation.

Amended by Chapter 402, 2015 General Session

72-7-506 - Advertising — Regulatory power of department — Notice requirements.

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules no more restrictive than this chapter to: control the erection and maintenance of outdoor advertising along the interstate and primary highway systems;provide for enforcement of this chapter;establish the form, content, and submittal of applications to erect outdoor advertising; andestablish administrative procedures.

(2) In addition to all other statutory notice requirements: the department shall give reasonably timely written notice to all outdoor advertising permit holders of any changes or proposed changes in administrative rules made under authority of this part; andany county, municipality, or governmental entity shall, upon written request, give reasonably timely written notice to all outdoor advertising permit holders within its jurisdiction of any change or proposed change to the outdoor or off-premise advertising provisions of its zoning provisions, codes, or ordinances.

Amended by Chapter 382, 2008 General Session

72-7-507 - Advertising — Permits — Application requirements — Duration — Fees.

(1) Outdoor advertising may not be maintained without a current permit.Applications for permits shall be made to the department on forms furnished by it.A permit must be obtained prior to installing each outdoor sign.The application for a permit shall be accompanied by an initial fee established under Section 63J-1-504.

(2) Each permit issued by the department is valid for a period of up to five years and shall expire on June 30 of the fifth year of the permit, or upon the expiration or termination of the right to use the property, whichever is sooner.Upon renewal, each permit may be renewed for periods of up to five years upon the filing of a renewal application and payment of a renewal fee established under Section 63J-1-504.

(3) Sign owners residing outside the state shall provide the department with a continuous performance bond in the amount of $2,500.

(4) Fees may not be prorated for fractions of the permit period. Advertising copy may be changed at any time without payment of an additional fee.

(5) Each sign shall have its permit continuously affixed to the sign in a position visible from the nearest traveled portion of the highway.The permit shall be affixed to the sign structure within 30 days after delivery by the department to the permit holder, or within 30 days of the installation date of the sign structure.Construction of the sign structure shall begin within 180 days after delivery of the permit by the department to the permit holder and construction shall be completed within 365 days after delivery of the permit.

(6) The department may not accept any applications for a permit or issue any permit to erect or maintain outdoor advertising within 500 feet of a permitted sign location except to the permit holder or the permit holder’s assigns until the permit has expired or has been terminated pursuant to the procedures under Section 72-7-508.

(7) Permits are transferrable if the ownership of the permitted sign is transferred.

(8) Conforming, permitted sign structures may be altered, changed, remodeled, and relocated subject to the provisions of Subsection (6).

Amended by Chapter 183, 2009 General Session

72-7-508 - Unlawful outdoor advertising — Adjudicative proceedings — Judicial review — Costs of removal — Civil and criminal liability for damaging regulated signs — Immunity for Department of Transportation.

(1) Outdoor advertising is unlawful when: erected after May 9, 1967, contrary to the provisions of this chapter;a permit is not obtained as required by this part;a false or misleading statement has been made in the application for a permit that was material to obtaining the permit;the sign for which a permit was issued is not in a reasonable state of repair, is unsafe, or is otherwise in violation of this part; ora sign in the outdoor advertising corridor is permitted by the local zoning authority as an on-premise sign and the sign, from time to time or continuously, advertises an activity, service, event, person, or product located on property other than the property on which the sign is located.

(2) The establishment, operation, repair, maintenance, or alteration of any sign contrary to this chapter is also a public nuisance.

(3) Except as provided in Subsections (4) and (10), in its enforcement of this section, the department shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.

(4) The district courts shall have jurisdiction to review by trial de novo all final orders of the department under this part resulting from formal and informal adjudicative proceedings.Venue for judicial review of final orders of the department shall be in the county in which the sign is located.

(5) If the department is granted a judgment in an action brought under Subsection (4), the department is entitled to have any nuisance abated and recover from the responsible person, firm, or corporation, jointly and severally: the costs and expenses incurred in removing the sign; and$500foreachdaythesignwasmaintainedfollowingtheexpirationof10daysafternoticeofagencyactionwasfiledandservedunderSection63G-4-201;$750 for each day the sign was maintained following the expiration of 40 days after notice of agency action was filed and served under Section 63G-4-201;$1,000foreachdaythesignwasmaintainedfollowingtheexpirationof70daysafternoticeofagencyactionwasfiledandservedunderSection63G-4-201;and$1,500 for each day the sign was maintained following the expiration of 100 days after notice of agency action was filed and served under Section 63G-4-201.

(6) Any person, partnership, firm, or corporation who vandalizes, damages, defaces, destroys, or uses any sign controlled under this chapter without the owner’s permission is liable to the owner of the sign for treble the amount of damage sustained and all costs of court, including a reasonable attorney’s fee, and is guilty of a class C misdemeanor.This Subsection (6) does not apply to the department, its agents, or employees if acting to enforce this part.

(7) The following criteria shall be used for determining whether an existing sign within an interstate outdoor advertising corridor has as its purpose unlawful off-premise outdoor advertising: whether the sign complies with this part;whether the premise includes an area:from which the general public is serviced according to normal industry practices for organizations of that type; orthat is directly connected to or is involved in carrying out the activities and normal industry practices of the advertised activities, services, events, persons, or products;whether the sign generates revenue:arising from the advertisement of activities, services, events, or products not available on the premise according to normal industry practices for organizations of that type;arising from the advertisement of activities, services, events, persons, or products that are incidental to the principal activities, services, events, or products available on the premise; andincluding the following: money;securities;real property interest;personal property interest;barter of goods or services;promise of future payment or compensation; orforbearance of debt;whether the purveyor of the activities, services, events, persons, or products being advertised:carries on hours of operation on the premise comparable to the normal industry practice for a business, service, or operation of that type, or posts the hours of operation on the premise in public view;has available utilities comparable to the normal industry practice for an entity of that type; andhas a current valid business license or permit under applicable local ordinances, state law, and federal law to conduct business on the premise upon which the sign is located;whether the advertisement is located on the site of any auxiliary facility that is not essential to, or customarily used in, the ordinary course of business for the activities, services, events, persons, or products being advertised; orwhether the sign or advertisement is located on property that is not contiguous to a property that is essential and customarily used for conducting the business of the activities, services, events, persons, or products being advertised.

(8) The following do not qualify as a business under Subsection (7): public or private utility corridors or easements;railroad tracks;outdoor advertising signs or structures;vacant lots;transient or temporary activities; orstorage of accessory products.

(9) The sign owner has the burden of proving, by a preponderance of the evidence, that the advertised activity is conducted on the premise.

(10) After issuing a written warning for a first offense of Subsection (1)(b) or (e), the department may issue a citation to a person who has violated Subsection (1)(b) or (e).If the department issues a citation as described in Subsection (10)(a)(i), the department may impose a fine not to exceed $500.AfineimposedunderSubsection[[Title-72/72-Ch72_7|(10)(a)(ii)]]shallbedepositedintheTransportationFund.IfthedepartmenthasissuedtwoormorenoticesofviolationoforacitationforaviolationofSubsection[[Title-72/72-Ch72_7|(1)(b)]]or[[Title-72/72-Ch72_7|(e)]]foranexistingsignwithinthelastthreeyears,thedepartmentmaybringanactiontoenforceinanystatecourtofcompetentjurisdictionagainstaperson,firm,orcorporationthatsatisfiesoneormoreofthefollowingprerequisites:hasapresentownershipinterestinthesign;hadanownershipinterestinthesignononeormoreofthedaysthesignwasinviolationofSubsection[[Title-72/72-Ch72_7|(1)(b)]]or[[Title-72/72-Ch72_7|(e)]];hasapresentownershipinterestinthepropertyuponwhichthesignislocated,orinaunifiedcommercialdevelopmentasdefinedinSection[[Title-72/72-Ch72_7|72-7-504.6]];hadanownershipinterestinthepropertyuponwhichthesignislocated,orinaunifiedcommercialdevelopmentasdefinedinSection[[Title-72/72-Ch72_7|72-7-504.6]],ononeormoreofthedaysthesignwasinviolationofSubsection[[Title-72/72-Ch72_7|(1)(b)]]or[[Title-72/72-Ch72_7|(e)]];receivedorbecameentitledtoreceivecompensationinanyformfortheunlawfuloutdooradvertising;orsolicitedtheadvertising.InanactionunderSubsection[[Title-72/72-Ch72_7|(10)(b)]]:theprovisionsofSubsections[[Title-72/72-Ch72_7|(7)]]and[[Title-72/72-Ch72_7|(8)]]apply;andthedefendantshavetheburdenofproving,byapreponderanceoftheevidence,thattheadvertisinginquestionislawfulunderthispart.IfthedepartmentisgrantedjudgmentinanactionunderthisSubsection[[Title-72/72-Ch72_7|(10)]],thedepartmentisentitledtorecoverfromthedefendants,jointlyandseverally,$1,500 for each day on which the sign was used for unlawful off-premises outdoor advertising.Subject to Subsection (10)(e)(ii), for purposes of calculating the number of days on which the sign was used for unlawful off-premises outdoor advertising as described in Subsection (10)(d), the department shall count each day that the sign was maintained after the first notice of agency action was filed and served under Section 63G-4-201.For purposes of calculating the number of days on which the sign was used for unlawful off-premises outdoor advertising as described in Subsection (10)(d), if a sign was modified, removed, disabled, or relocated after the receipt of notice of violation, and thereafter, prior to judgment, was reinstalled, relocated, substituted, or reactivated in an unlawful manner, the department shall count each day that the sign was maintained after the first notice of agency action was filed and served under Section 63G-4-201.The calculations described in Subsections (10)(e)(i) and (ii) are only applicable for actions taken for violations of this Subsection (10) for which: the owner of the sign was never issued an off-premise outdoor advertising permit; andat least one condition described in Subsection (7) exists.

Amended by Chapter 137, 2019 General Session

72-7-509 - Existing outdoor advertising not in conformity with part — When removal required — When relocation allowed.

(1) Any outdoor advertising lawfully in existence along the interstate or the primary systems on May 9, 1967, and which is not then in conformity with its provisions is not required to be removed until five years after it becomes nonconforming or pursuant to the provisions of Section 72-7-510.

(2) Any existing outdoor advertising structure that does not comply with Section 72-7-505, but that is located in an industrial and commercial area, an unzoned industrial and commercial area, or an area where outdoor advertising would otherwise be permitted, may be remodeled and relocated on the same property in a commercial or industrial zoned area, or another area where outdoor advertising would otherwise be permitted under this part.

Renumbered and Amended by Chapter 270, 1998 General Session

72-7-510 - Existing outdoor advertising not in conformity with part — Procedure — Eminent domain — Compensation — Relocation.

(1) As used in this section, “nonconforming sign” means a sign that has been erected in a zone or area other than commercial or industrial or where outdoor advertising is not permitted under this part.

(2) The department may acquire by gift, purchase, agreement, exchange, or eminent domain, any existing outdoor advertising and all property rights pertaining to the outdoor advertising which were lawfully in existence on May 9, 1967, and which by reason of this part become nonconforming.If the department, or any town, city, county, governmental entity, public utility, or any agency or the United States Department of Transportation under this part, prevents the maintenance as defined in Section 72-7-502, or requires that maintenance of an existing sign be discontinued, the sign in question shall be considered acquired by the entity and just compensation will become immediately due and payable.Eminent domain shall be exercised in accordance with the provision of Title 78B, Chapter 6, Part 5, Eminent Domain.

(3) Just compensation shall be paid for outdoor advertising and all property rights pertaining to the same, including the right of the landowner upon whose land a sign is located, acquired through the processes of eminent domain.For the purposes of this part, just compensation shall include the consideration of damages to remaining properties, contiguous and noncontiguous, of an outdoor advertising sign company’s interest, which remaining properties, together with the properties actually condemned, constituted an economic unit.The department is empowered to remove signs found in violation of Section 72-7-508 without payment of any compensation.

(4) Except as specifically provided in this section or Section 72-7-513, this part may not be construed to permit a person to place or maintain any outdoor advertising adjacent to any interstate or primary highway system which is prohibited by law or by any town, city, or county ordinance. Any town, city, county, governmental entity, or public utility which requires the removal, relocation, alteration, change, or termination of outdoor advertising shall pay just compensation as defined in this part and in Title 78B, Chapter 6, Part 5, Eminent Domain.

(5) Except as provided in Section 72-7-508, no sign shall be required to be removed by the department nor sign maintenance as described in this section be discontinued unless at the time of removal or discontinuance there are sufficient funds, from whatever source, appropriated and immediately available to pay the just compensation required under this section and unless at that time the federal funds required to be contributed under 23 U.S.C., Sec. 131, if any, with respect to the outdoor advertising being removed, have been appropriated and are immediately available to this state.

(6) If any outdoor advertising use, structure, or permit may not be continued because of the widening, construction, or reconstruction along an interstate, federal aid primary highway existing as of June 1, 1991, or national highway systems highway, the owner shall have the option to relocate and remodel the use, structure, or permit to another location:within the same municipality or unincorporated county:on the same property;on adjacent property;on either side of the same highway; ormutually agreed upon by the owner and the county or municipality in which the use, structure, or permit is located; orwithin a different municipality or unincorporated county mutually agreed upon by the owner and the different municipality or county.The relocation under Subsection (6)(a) shall be in a commercial or industrial zoned area or where outdoor advertising is permitted under this part.The county or municipality in which the use or structure is located or is to be relocated as described in Subsection (6)(a) shall, if necessary, provide for the relocation and remodeling by ordinance for a special exception to its zoning ordinance.The relocated and remodeled use or structure may be:erected to a height and angle to make it clearly visible to traffic on the main-traveled way of the highway to which it is relocated or remodeled;the same size and at least the same height as the previous use or structure, but the relocated use or structure may not exceed the size and height permitted under this part;relocated to a comparable vehicular traffic count.

(7) The governmental entity, quasi-governmental entity, or public utility that causes the need for the outdoor advertising relocation or remodeling as provided in Subsection (6)(a) shall pay the costs related to the relocation, remodeling, or acquisition.If a governmental entity prohibits the relocation and remodeling as provided in Subsection (6)(a)(i), it shall pay just compensation as provided in Subsection (3).

Amended by Chapter 436, 2025 General Session

72-7-510.5 - Height adjustments for outdoor advertising signs.

.5(1) If the view and readability of an outdoor advertising sign, including a sign that is a nonconforming sign as defined in Section 72-7-510, a noncomplying structure as defined in Sections 10-20-102 and 17-79-102, or a nonconforming use as defined in Sections 10-20-102 and 17-79-102 is obstructed due to a noise abatement or safety measure, grade change, construction, directional sign, highway widening, or aesthetic improvement made by an agency of this state, along an interstate, federal aid primary highway existing as of June 1, 1991, national highway systems highway, or state highway or by an improvement created on real property subsequent to the department’s disposal of the property under Section 72-5-111, the owner of the sign may:adjust the height of the sign;if the sign is located along an interstate, federal aid primary highway existing as of June 1, 1991, or national highway systems highway, relocate the sign to either side of the same highway, within the same municipality or unincorporated county, if the sign complies with the spacing requirements under Section 72-7-505 and is in a commercial or industrial zone;if the sign is located along a state highway, relocate the sign to either side of the same highway, within the same municipality or unincorporated county, to a point within one mile of the sign’s prior location, if the sign complies with the spacing requirements under Section 72-7-505 and is located in a commercial or industrial zone; orrelocate the sign to a location that is mutually agreed upon by the owner and:the same municipality or unincorporated county in which the obstructed sign is located; orany other municipality or unincorporated county.

.5(2) A height adjusted sign under this section does not constitute a substantial change to the sign.

.5(3) The county or municipality in which the obstructed sign is located or is to be relocated shall, if necessary, provide for the height adjustment or relocation by ordinance for a special exception to its zoning ordinance.

.5(4) The height adjusted sign:may be erected:to a height to make the entire advertising content of the sign clearly visible; andto an angle to make the entire advertising content of the sign clearly visible; andshall be the same size as the previous sign.The provisions of Subsection (4)(a) are an exception to the height requirements under Section 72-7-505.

Amended by Chapter 15, 2025 Special Session 1

72-7-511 - Violation of part — Misdemeanor.

A person who violates any provision of this part is guilty of a class B misdemeanor.

Renumbered and Amended by Chapter 270, 1998 General Session

72-7-512 - Appeals by attorney general.

The attorney general may take such appeals as are provided for in 23 U.S.C., Sec. 131.

Renumbered and Amended by Chapter 270, 1998 General Session

72-7-513 - Relocation on state highways.

(1) As used in this section, “state highway” means those highways designated as state highways in Chapter 4, Designation of State Highways Act, on July 1, 1999, and any subsequently designated state highway.

(2) If any outdoor advertising use or structure may not be continued because of the widening, construction, or reconstruction along a state highway, the owner shall have the option to relocate and remodel the use or structure to another location:within the same municipality or unincorporated county:on the same property;on adjacent property;on either side of the same highway if the new location is within one mile of the previous location; oranother location mutually agreed upon by the owner and the county or municipality in which the use, structure, or permit is located; oranother location mutually agreed upon by the owner and another municipality or county.

(3) The relocation under Subsection (2) shall be in a commercial or industrial zoned area or where outdoor advertising is permitted under this part.

(4) The county or municipality in which the use or structure is located or is to be relocated under Subsection (2) shall, if necessary, provide for the relocation and remodeling by ordinance for a special exception to its zoning ordinance.

(5) The relocated and remodeled use or structure may be:erected to a height and angle to make it clearly visible to traffic on the main-traveled way of the highway to which it is relocated or remodeled;the same size and at least the same height as the previous use or structure, but the relocated use or structure may not exceed the size and height permitted under this part;relocated to a comparable vehicular traffic count.

(6) The governmental entity, quasi-governmental entity, or public utility that causes the need for the outdoor advertising relocation or remodeling as provided in Subsection (2) shall pay the costs related to the relocation, remodeling, or acquisition.If a governmental entity prohibits the relocation and remodeling as provided in Subsection (2)(a), it shall pay just compensation as provided in Subsection 72-7-510(3).

Amended by Chapter 436, 2025 General Session

72-7-514 - Landscape control program.

(1) As used in this section, “landscape control” means trimming or removal of seedlings, saplings, trees and vegetation along the interstate, federal aid primary highway existing as of June 1, 1991, and national highway system right-of-way to provide clear visibility of outdoor advertising.

(2) The department shall establish a landscape control program as provided under this section.Except as provided in this section, a person, including an outdoor advertising sign owner or business owner may not perform or cause landscape control to be performed.

(3) An outdoor advertising sign owner or business owner may submit a request for landscape control to the department.Within 60 days of the request under Subsection (3)(a), the department shall:conduct a field review of the request with a representative of the sign or business owner, the department, and the Federal Highway Administration to consider the following issues listed in their order of priority: safety;protection of highway features, including right-of-way and landscaping;aesthetics; andmotorists’ view of the sign or business; andnotify the sign or business owner what, if any, trimming, removal, restoration, banking, or other landscape control shall be allowed as decided by the department, after consultation with the Federal Highway Administration.If the sign or business owner elects to proceed, in accordance with the decision issued under this subsection, the department shall issue a permit that describes what landscape control may be allowed, assigns responsibility for costs, describes the safety measures to be observed, and attaches any explanatory plans or other information.

(4) The department shall establish an appeals process within the department for landscape control decisions made under Subsection (3).

(5) A person who performs landscape control in violation of this section is guilty of a class C misdemeanor, and is liable to the owner for treble the amount of damages sustained to the landscape.Each permit issued under this section shall notify the permit holder of the penalties under Subsection (5)(a).

Renumbered and Amended by Chapter 270, 1998 General Session

72-7-515 - Utah-Federal Agreement — Severability clause.

(1) As used in this section, “Utah-Federal Agreement” means the agreement relating to outdoor advertising that is described under Section 72-7-501, and it includes any modifications to the agreement that are signed on behalf of both the state and the United States Secretary of Transportation.

(2) The provisions of this part are subject to and shall be superseded by conflicting provisions of the Utah-Federal Agreement.

(3) If any provision of this part or its application to any person or circumstance is found to be unconstitutional, or in conflict with or superseded by the Utah-Federal Agreement, the remainder of this part and the application of the provision to other persons or circumstances shall not be affected by it.

Amended by Chapter 21, 1999 General Session

72-7-516 - Relocating outdoor advertising structure to maintain required distance from high voltage overhead lines.

(1) If an outdoor advertising structure needs to be moved away from a high voltage power line or lines so that the sign can be reposted or maintenance performed without having to comply with the distance or notification requirements of Section 54-8c-2, or in order to comply with distance or notification requirements imposed by the National Electrical Safety Code, International Building Code, a regulation, standard, or directive of the Occupational Safety and Health Administration or any other similar applicable regulation, then the owner shall have the option to remodel the structure at the same location or relocate and remodel the structure to another location within the same jurisdiction: on the same property;on adjacent property;within 2,640 feet of the previous location on either side of the same highway; ormutually agreed upon by the owner and the county or municipality in which the structure is located.

(2) The relocation under Subsection (1) shall be in a commercial or industrial zoned area or where outdoor advertising is permitted under this part.

(3) The county or municipality in which the structure is located shall, if necessary, provide for the relocation or remodeling by ordinance for a special exception to its zoning ordinance.

(4) The relocated and remodeled structure may be: erected to a height and angle to make it clearly visible to traffic on the main-traveled way of the highway to which it is relocated or remodeled;the same size and at least the same height as the previous structure, but the relocated structure may not exceed the size and height permitted under this part; andrelocated to a location with a comparable traffic vehicular count.

(5) If a governmental entity prohibits the relocation and remodeling as provided in Subsection (1)(a), (b), or (c), it shall pay just compensation as provided in Subsection 72-7-510(3).

Amended by Chapter 330, 2006 General Session