Section R926-3-4 - Uses for Funding(1) Determination of Authorized Uses. The Department shall determine how local highway authorities may spend class B or class C road funds as the Legislature directs and consistent with applicable law. A local highway authority may not violate applicable state or federal law when expending class B or class C road funds.(2) Local highway authorities may only spend class B or class C road funds for the following purposes: (a) to construct and maintain eligible class B or class C roads and to maintain class D roads;(b) to install and maintain traffic and pedestrian safety devices, including:(ii) curb and gutter on eligible class B or class C roads and state highways;(iii) traffic signals, including necessary control devices, enclosures, electrical service equipment, and support structures;(iv) traffic signs, including associated lighting, electrical service, and mounting equipment;(v) street lighting, including necessary electrical service equipment and support structures;(vi) bicycle facilities in the highway right-of-way;(c) to procure, lease, or rent equipment used to construct and maintain class B or class C roads or to maintain class D roads;(d) for design, engineering, or administration work directly related to road maintenance and construction of class B or C roads or to maintain class D roads;(e) for future reimbursement of other funds for class B or class C road construction projects;(f) to acquire highway rights of way;(g) to build fencing and cattle guards associated with class B or class C roads;(h) to meet match requirements for federal match funding; or(i) to appropriate investment to gain value, provided net gains remain in the fund and are spent for authorized use.(3) Leasing Equipment. Equipment purchased with class B or class C road funds may be leased from a local highway authority to another public entity using the schedule of equipment rates posted on the Federal Emergency Management Agency, or FEMA website at, https://www.fema.gov/schedule-equipment-rates.(4) Emergency Use. A local highway authority may use equipment purchased with class B or class C road funds for purposes not otherwise authorized by Rule R926-3 in an emergency to make repairs and prevent further damage.(5) Multiple-Use Facilities. Local highway authorities may construct multiple-use facilities by mixing funds on a proportional basis, including constructing road maintenance buildings, storage sheds, and yards.(6) R.S. 2477 Issues. Class B or class C road funds may be used to pay the costs of asserting, defending, or litigating R.S. 2477 issues as authorized by Section 72-2-110.(7) Non-Permissible Uses. Non-Permissible uses of class B and class C road funds include the following: (c) to pay for the rental of equipment of a type that the local highway authority previously purchased with class B and class C road funds; or(d) except for circulator alleys in municipalities as authorized by Section 72-3-104, to build or maintain alleys.Utah Admin. Code R926-3-4
Adopted by Utah State Bulletin Number 2016-21, effective 10/12/2016Adopted by Utah State Bulletin Number 2023-06, effective 3/10/2023