ut-20261015-R930-5: R930-5. Establishment and Regulation of At-Grade Railroad Crossings
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Summary
This rule establishes a process to improve safety for all users of an at grade railroad crossing and to provide for the efficient operation of trains, vehicles, and pedestrians through crossings. In reviewing this rule during the five-year review process, the Department of Transportation (department) determined it needed to be updated in the form of a repeal and readopt.
The agency’s own summary, as published.
The rule, in full
22,628 words as published, October 15, 2026. View the original →
R930-5
1. Agency Information
Title catchline: Transportation, Preconstruction Building: Calvin Rampton Street address: 4501 S 2700 W City, state: Taylorsville, UT Mailing address: PO Box 148455 184 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 NOTICES OF PROPOSED RULES City, state and zip: Salt Lake City, UT 84114-8455
A. Rule or section catchline:
R930-5. Establishment and Regulation of At-Grade Railroad Crossings
B. Purpose of the new rule or reason for the change:
This rule establishes a process to improve safety for all users of an at grade railroad crossing and to provide for the efficient operation of trains, vehicles, and pedestrians through crossings. In reviewing this rule during the five-year review process, the Department of Transportation (department) determined it needed to be updated in the form of a repeal and readopt.
C. Summary of the new rule or change:
This repeal and readopt repeals the current version of this rule and proposes a readopted version updating references to the federal and state codes and other documents, deleting antiquated definitions, streamlining and updating procedure descriptions, reorganized rule sections for better flow, and generally updating language and grammar. Because these changes are so extensive, the department is proposing this rule to be repealed and readopted rather than merely amended. 5. Fiscal Information Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
A. State budget:
The department anticipates no aggregate anticipated cost or savings to the state budget because these changes are merely clerical in nature (updating code references, definitions, improving clarity in descriptions of procedures, and reorganizing this rule).
B. Local governments:
The department anticipates no aggregate anticipated cost or savings to local governments because these changes are merely clerical in nature (updating code references, definitions, improving clarity in descriptions of procedures, and reorganizing this rule).
C. Small businesses ("small business" means a business employing 1-49 persons):
The department anticipates no aggregate anticipated cost or savings to small businesses because these changes are merely clerical in nature (updating code references, definitions, improving clarity in descriptions of procedures, and reorganizing this rule).
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
The department anticipates no aggregate anticipated cost or savings to non-small businesses because these changes are merely clerical in nature (updating code references, definitions, improving clarity in descriptions of procedures, and reorganizing this rule). UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 185 NOTICES OF PROPOSED RULES E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency): The department anticipates no aggregate anticipated cost or savings to persons because these changes are merely clerical in nature (updating code references, definitions, improving clarity in descriptions of procedures, and reorganizing this rule).
F. Compliance costs for affected persons:
It will not cost an impacted entity anything to comply with these changes. 6. Regulatory Impact Summary Table Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable." Fiscal Cost FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Cost $0 $0 $0 $0 $0 Fiscal Benefits FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Benefits $0 $0 $0 $0 $0 Net Fiscal Benefits $0 $0 $0 $0 $0 7. Regulatory Impact Analysis Approval The Commissioner of the Department of Transportation, Carlos M Braceras, PE, has reviewed and approved this regulatory impact analysis. 8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and fo☒mation:
9. Citation Information Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement: Section 72-1-201 Section 72-17-201 et seq. Section 54-4-14 Section 41-6a-1205 10. Incorporation by Reference Information Incorporation by Reference: A. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank): Official Title of Materials Incorpora23 USC 148, Highway Safety Improvement Program (2021) (from title page) Publisher United States Code 186 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 NOTICES OF PROPOSED RULES Issue or Version 2021 B. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank): Official Title of Materials Incorporated 23 CFR 646, Railroads (2025) (from title page) Publisher Code of Federal Regulations Issue Date 2025 Issue or Version 4-1-25 Edition C. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank): Official Title of Materials Incorporated 23 CFR 655, Traffic Operations (2025) (from title page) Publisher Code of Federal Regulations Issue Date 2025 Issue or Version 4-1-25 Edition D. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank): Official Title of Materials Incorporated 23 CFR 924, Highway Safety Improvement Program (2025) (from title page) Publisher Code of Federal Regulations Issue Date 2025 Issue or Version 4-1-25 Edition E. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank): Official Title of Materials Incorporated 49 USC 209, pt. A, Accidents and Incidents (2021) (from title page) Publisher United States Code Issue Date 2021 F. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank): Official Title of Materials Incorporated 49 CFR 212, State Safety Participation Regulations (2025) (from title page) Publisher Code of Federal Regulations Issue Date 2025 Issue or Version 10-1-25 Edition G. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank): UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 187 NOTICES OF PROPOSED RULES Official Title of Materials Incorporated 49 CFR 222, Use of Locomotive Horns at Public Highway-Rail Grade Crossings (from title page) (2025) Publisher Code of Federal Regulations Issue Date 2025 Issue or Version 10-1-25 Edition H. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank): Official Title of Materials Incorporated 49 CFR 674, State Safety Oversight (2025) (from title page) Publisher Code of Federal Regulations Issue Date 2025 Issue or Version 10-1-25 Edition I. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank): Official Title of Materials Incorporated APolicy on Geometric Design of Highway and Streets,AmericanAssociation of State (from title page) Highway and Transportation Officials (AASHTO) (2018) Publisher American Association of State Highway and Transportation Officials Issue Date 2018 Issue or Version 7th Edition J. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank): Official Title of Materials Incorporated Highway-Rail Crossing Handbook (FRA/FHWA) (2019) (from title page) Publisher Federal Rail Authority/Federal Highway Authority Issue Date 2019 Issue or Version Third Edition K. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank): Official Title of Materials Incorporated Preemption of Traffic Signals near Railroad Crossings, Institute of Traffic Engineers (from title page) (ITE) (2021) Publisher The Institute of Transportation Engineers Issue Date 2021 Issue or Version 2nd Edition L. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank): Official Title of Materials Incorporated Manual for Railway Engineering, Chapter 28, Clearances, American Railway (from title page) Engineering and Maintenance-of-Way Association (AREMA) (2026) Publisher American Railway Engineering and Maintenance-of-Way Association Issue Date 2026 188 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 NOTICES OF PROPOSED RULES Issue or Version Vol. 4 M. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank): Official Title of Materials Incorporated Standard Drawing RR-Series, Utah Department of Transportation (from title page) Publisher Utah Department of Transportation Issue Date 2026 N. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank): Official Title of Materials Incorporated Manual of Uniform Traffic Control Devices (2023, with revision 1 incorporated 2025) (from title page) Publisher United States Department of Transportation Issue Date 2023 Issue or Version 11th Edition 11. Public Notice Information The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until: 11/16/2026
12. Effective Date Information This rule change MAY become effective on: 11/23/2026 (NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date) 13. Agency Authorization Information Agency head or Carlos M Braceras, PE, Commissioner Date: 09/29/2026 designee and title: R930. Transportation, Preconstruction. R930-5. Establishment and Regulation ofAt-Grade Railroad Crossings. [R930-5-1. Purpose andAuthority. (1) The Utah Department of Transportation (the "Department") oversees all Public Highway-Rail Grade Crossings ("Crossings") in the state of Utah. Railroads have jurisdiction over and are responsible for the safety of private crossings. The Department's goals are to improve thesafetyforallusersofaCrossing andprovidefor theefficient operation oftrainsandvehiclesandpedestriansaccessthroughthoseCrossings. As part of this effort, the Department promotes the elimination of Crossings and at regular intervals, the Department: (a) Reviews all existing Crossings in the state for safety deficiencies; (b) Evaluates and approves the location of a new Crossing; (c) Prescribes the type of improvements at a Crossing; (d) Defines maintenance responsibility for a Crossing; and (e) Determines funding apportionments for all Section 130 Crossing Projects. (2) This rule describes procedures for evaluating and selecting a Crossing for improvement as well as for evaluating and selecting the type of improvements at a Crossing. Such improvements include, but are not limited to: (a) The evaluation and selection of the type of Passive andActive Warning Devices; (b) The process for evaluating and determining whether a Crossing should be grade separated; and (c) The process for evaluating Quiet Zones as outlined in 49 CFR 222. (3) This Rule outlines the responsibilities of the various parties with respect to the design, maintenance and funding for Crossing improvements. (4) This Rule is authorized by Section 54-4-15 "Establishment and Regulation of Grade Crossings," Section 54-4-14, Section 72-1- 201, Section 41-6a-1205 and Title 63G, Chapter 3 "UtahAdministrative RulemakingAct." UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 189 NOTICES OF PROPOSED RULES R930-5-2. Incorporation by Reference. The following federal law, state law, federal agency manuals, association standards and UDOT technical requirements are incorporated by reference: (1) 23 CFR 148 "Highway Safety Improvement Program" (2005); (2) 23 CFR 646 "Railroads" (2009); (3) 23 CFR 655 "Traffic Operations" (2009) "Manual of Uniform Traffic Control Devices (MUTCD)" (2003, with revisions 1 and 2 incorporated, dated 2007); (4) 23 CFR 924 "Highway Safety Improvement Program" (2009); (5) 49 CFR 209 "Accidents and Incidents" (2009); (6) 49 CFR 212 "State Safety Participation Regulations" (2009); (7) 49 CFR 222 "Use of Locomotive Horns at Public Highway-Rail Grade Crossing" (2009) (8) 49 CFR 659 "Rail Fixed Guideway Systems; State Safety Oversight" (2009); (9) "A Policy on Geometric Design of Highway and Streets", American Association of State Highway and Transportation Officials (AASHTO) (2004); (10) "Railroad-Highway Grade Crossing Handbook", Federal HighwayAdminstration (FHWA) (August 2007); (11) "Preemption of traffic signals near Railroad Crossings", Institute of Traffic Engineers (ITE) (2004); (12) "Manual for Railway Engineering", Chapter 28, Clearances, American Railway Engineering and Maintenance-of-Way Association (AREMA), 2007; and (13) "Standard Drawing ST-7 Pavement Marking and Signs at Railroad Crossings", Utah Department of Transportation (UDOT) (2008). R930-5-3. Definitions. (1) "Active Warning Device" means traffic control devices activated by the approach or presence of a train, such as flashing light signals, automatic gates and similar devices, as well as manually operated devices and Crossing watchmen, all of which display to motorists positive warning of the approach or presence of a train. (2) "Company" means any local district or utility company. (3) "Diagnostic Team" means an appointed group of knowledgeable representatives of the parties of interest in a Crossing or group of Crossings. (4) "FHWA" means the Federal HighwayAdministration, an agency within the United States Department of Transportation. (5) "FRA" means the Federal RailroadAdministration, an agency within the United States Department of Transportation. (6) "FTA" means the Federal TransitAdministration, an agency within the United States Department of Transportation. (7) "Highway" means any public road, street, alley, lane, court, place, viaduct, tunnel, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the area within the right-of-way. (8) "Highway-Rail Grade Crossing" ("Crossing") means the general area where a Highway and a Railroad cross at the same level within which are included the Railroad, Highway, and roadside facilities for public traffic traversing the area. (9) "HighwayAuthority" means the Department or local governmental entity that owns or has jurisdiction over a Highway. (10) "MUTCD" means the Manual of Uniform Traffic Control Devices as adopted in Section 41-6a-301. (11) "Neutral Quadrant" means the quadrant that minimizes sight distance conflicts with immediate on-coming auto traffic. Generally, the neutral quadrant is on the far side of the tracks from the direction of vehicular travel. (12) "Passive Warning Device" means those types of traffic control devices, including signs, markings and other devices located at or in advance of a Crossing to indicate the presence of a Crossing but which do not change aspect upon the approach or presence of a train. (13) "Preliminary Engineering" means the work necessary to produce construction plans, specifications, and estimates to the degree of completeness required for undertaking construction, including locating, surveying, designing, and related work. (14) "PSC" means the Public Service Commission of the State of Utah. (15) "Quiet Zone" means a section of a rail line at least one half mile in length that contains one or more consecutive public Crossings at which locomotive horns are not routinely sounded, see 49 CFR 222. (16) "Railroad" means all rail carriers, whether publicly or privately owned, and common carriers, including line haul freight and passenger railroads, public transit districts, switching and terminal railroads, passenger carrying railroads such as rapid transit, and commuter and street railroads. (17) "Section 130 Crossing Project" means a project that eliminates hazards and improves the safe operation of trains, vehicles, and pedestrians through a crossing and is authorized and funded by United State Code, Title 23, Section 130 Program funds. R930-5-4. Type and Selection of Crossing Projects. (1) Section 130 Crossing Projects: (a) Section 130 Crossing Project types include, but are not limited to: (i) Elimination of a Crossing by combining multiple Crossings; (ii) Elimination of a Crossing by the relocation of a Highway; (iii) Elimination of a Crossing by the construction of a new grade separation; (iv) New safety improvements; (v) Reconstruction of a Crossing grade separation structure; and 190 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 NOTICES OF PROPOSED RULES (vi) Repair of Crossing material, that would otherwise be the responsibility of the Railroad as prescribed in Subsection R930-5-8- (1)(b), if the repair of the Crossing material affects or is an integral part of the Crossing safety devices. (b) The Department has established a process for the evaluation and selection of Section 130 projects that considers the potential reduction in the number and/or severity of collisions, the cost of the Crossing projects, and available resources. Specific methods for selecting and prioritizing Crossings for improvement include: (i) The collection and maintenance of data utilizing the USDOT Grade Crossing Inventory to record Crossing data including, but not limited to the current physical condition, average daily traffic, and collision data associated with a Crossing. (ii) An engineering study conducted on a Crossing at the request of a Highway Authority, Railroad, or company or using a priority listdevelopedusingtheUSDOTAccidentPredictionModel.ThepurposeoftheengineeringstudyistoreviewtheCrossinganditsenvironment, identify the nature of any deficiencies and recommend alterative improvements. Specifically, an engineering study reviews Crossing characteristics, the existing traffic control system, and the Highway and Railroad characteristics. Based on the review of these conditions, an assessment of existing and potential hazards is made, deficiencies are identified and countermeasures are recommended. (iii) System or corridor evaluations consider a Crossing as a component of a larger transportation system. The objective is to improve both safety and operations of the total system or segments of the system. In such cases, all Crossings within a corridor are evaluated and can be programmed for improvements. The optimal outcome of a corridor study involves a combination of engineering improvements and closures such that both safety and operations are highly improved. (2) Non-Section 130 Crossing Projects: (a) Non-Section 130 Crossing Project types include, but are not limited to: (i) Crossing projects that use Railroad properties or involve adjustments to Railroad facilities required by Highway construction, but do not involve the elimination of hazards at a Crossing; and (ii) Construction of a new Crossing at or over a Railroad track where the new Highway is not a relocation of an existing Highway. (b) Non-Section 130 Crossing Projects will be evaluated and selected as part of the Department's normal STIP evaluation and approval process. R930-5-5. Diagnostic Team. (1) The role of the Diagnostic Team is to make recommendations to the Department for needed safety improvements at a Crossing. (2) The Diagnostic Team reviews and evaluates proposed improvements for all Section 130 Crossing Projects and Non-Section 130 Crossing Projects. The Diagnostic Team reviews a Crossing when requested by a HighwayAuthority, Railroad, or Company when changes in Highway traffic patterns are proposed, when proposed Railroad traffic is determined to increase significantly, when complaints are made about a Crossing, when safety concerns arise, or when the Department receives a closure request. The Department will consider all recommendations made bythe DiagnosticTeam and, if appropriate, input received from the public at large (in accordance with SectionR930-5-13) before issuing orders for the improvement of Crossings. (3) The Department may also make formal findings and rulings as part of its process for evaluating Crossing improvements or during routine inspection of Crossings, independent of the Diagnostic Team. (4) The Diagnostic Team is usually composed of the following team members: (a) Chief Railroad Engineer for the Department; (b) Representative from the Railroad; (c) Representative from the appropriate Company, if applicable; and (d) Representative from the Highway Authority (preferably from engineering or public works), and when available, and where appropriate public school district, law enforcement agency and invites with an interest in the Crossing. (5) The role of the Diagnostic Team is to: (a) Recommend the elimination of a Crossing; (b) Recommend the type of safety improvements including, but not limited to Passive Warning Devices, Active Warning Devices, the type of Crossing material, improvements to Highway approaches, removal of foliage and brush, pedestrian facilities (including compliance withADArequirements), and improvements to street lighting; (c) Review all requests for a new Crossing; (d) Review all requests to reclassify a Crossing from private to public; (e) Recommend the Department conduct an engineering study to evaluate the need for a new overpass or other grade separation structure(s); and (f) Recommend any other safety related changes to improve vehicle and pedestrian safety. (6) Duties of Diagnostic Team members generally include participating in Crossings reviews and providing input into the Diagnostic Team recommendations. Specific duties include, but are not limited to the following: (a) The Chief Railroad Engineer will, when applicable: (i) Select a Section 130 Crossing Project from a corridor study, or based on a HighwayAuthority, Railroad, or Company request; (ii) Schedule and notify Diagnostic Team members, and the FHWA, of the date and time of an upcoming review; (iii) Conduct Crossing review and issue related reports in a reasonable time after the review and send copies to all those attending the review; (iv) Review and approve Crossing improvements recommended by the Diagnostic Team; (v) Determine Section 130 apportionments for Crossing projects; (vi) Initiate all Notices of IntendedAction for Crossing projects, as appropriate; (vii) Review and approve the contractual requirements for Crossing projects using Section 130 Program funding; UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 191 NOTICES OF PROPOSED RULES (viii) Review all necessary field data obtained for the Crossing, including but not limited to site plan maps and photographs of the existing Crossing conditions. (b) The Railroad representative shall provide all relevant data related to the Crossing, including, but not limited to train volumes, accident data and any other pertinent data regarding the Crossing; (c) The HighwayAuthority representative shall: (i) Provide relevant data regarding the Crossing including, but not limited to Highway traffic volumes, planned road construction activities, and an approved master street plan for the Highway; (ii) Invite local school district if appropriate and request that the local school district representative provide child access and bus routing plan information; and (iii) Invite local law enforcement agency if appropriate and request that the law enforcement agency provide relevant data, including, but not limited to any safety concerns about the Crossing. R930-5-6. Design of a Highway-Rail Grade Crossing. (1) The Department shall approve or disapprove, as appropriate, the design of all Crossing improvements, including the addition of a new Crossing and treatments for a closed Crossing. All design plans shall include, if available: (i) USDOT identification numbers; (ii) Street addresses; (iii) Highway milepost; (iv) Railroad subdivision; and (v) Railroad milepost for the Crossing. (2) Design of Crossing related facilities that are the responsibility of the Railroad shall conform to the specifications and design standards of the Railroad. (3) Design of Crossing related Highway approaches, those areas two feet outside of rail that are the responsibility of the Highway Authority shall conform to the specifications and design standards of the HighwayAuthority, subject to approval by the Department. Where a HighwayAuthority does not have an approved standard, Department standard drawings for the design of the Crossing approaches apply. (4) Traffic control devices installed as part of any Crossing improvements shall comply with the MUTCD. Required clearances for all devices shall conform to the MUTCD and any variances from MUTCD requirements must be approved by the Department. (5) When it is determined that the railroad crossing material needs to be extended or replaced, the agency doing the design of the crossing shall determine the minimum length of the crossing material. The length shall be determined based on the proposed width of the new roadway or from the approved master plan roadway width. The crossing material length shall extend at least two feet from the outer edge of the roadway, beyond the roadway clear zone area, or to the back of the concrete curb and gutter or out past the sidewalks. (6) The Railroad is responsible for the design of Railroad Active Warning Devices, including the location, activation circuitry, hardware, and software in accordance with MUTCD. (a) When Active Warning Devices are within 200 feet of a traffic signal, the Highway Authority and the Railroad shall coordinate the design of the interconnect between the traffic signal andAutomatic Warning Device to ensure sufficient preemption time to clear potential vehicle stacking across a Crossing. (b) Signal houses forActive Warning Devices shall be located in the Neutral Quadrant unless approved by the Department. (7) The Railroad is responsible for the design of all required Railroad Passive Warning Devices located within the Railroad road right-of-way in accordance with the MUTCD, specific Passive Warning Devices include: (a) Sign R15-1 (Crossbuck); (b) Sign R15-2 (Number of tracks); (c) Sign R1-1 (STOP); (d) Sign R1-2 (Yield); (e) Sign R15-3 (Exempt); (f) Sign R8-9 (Tracks out of Service). (8) Design and installation of all other Passive Warning Devices, signs, and pavement markings is the responsibility of the Highway Authority. Design and location of the devices shall be in accordance with the MUTCD. (9) For clearances, refer to the Manual for Railway Engineering, Chapter 28, Clearances, American Railway Engineering and Maintenance-of-WayAssociation (AREMA), 2007. R930-5-7. Highway Authority and Railroad Responsibility to Request Approval and Arrange for the Installation of Crossing Improvements. (1) When a Highway Authority widens or constructs a new Highway, the Highway Authority shall be responsible to request a Diagnostic Team review of the Crossing and arrange by agreement with the Railroad to design and install all required improvements concurrent with its request for approval from the Department: (2) Prior to approving new residential, commercial, or industrial development within 1000 feet of a Crossing, the HighwayAuthority shall request a Diagnostic Team review to assess the potential traffic impacts at the Crossing. (3) BeforeaHighwayAuthorityapprovesincreaseddevelopmentthatchangestheconditionsofaCrossingbysignificantlyincreasing traffic volumes, the HighwayAuthority plans shall be approved by the Department. (a) No new access openings can be opened within 250' of a Crossing unless approved by the Department. (b) The Highway Authority shall arrange by agreement with the Railroad for any required Railroad facility changes ordered by the Department. 192 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 NOTICES OF PROPOSED RULES (4) The Highway Authority is responsible for the installation of all Passive Warning Devices outside the Railroad right-of-way, excepting those signs listed in Section R930-5-6.6, or unless a separate agreement applies. (5) Before a Railroad modifies any safety related devices or the physical layout of a Crossing, the Railroad shall request a Diagnostic Team review of the proposed changes and request Department approval of all Crossing related designs. (6) A Highway Authority, Railroad, or Company making a request for a new Crossing or the reclassification of a Crossing from private to public shall provide the Department with an approved master street plan from the appropriate jurisdiction showing the elimination or combination of existing Crossings and/or other safety improvements that enhance the overall safety of the corridor before a new Crossing or reclassification of a Crossing from private to public will be approved. (a) A Highway Authority, Railroad, or Company requesting a new Crossing or reclassification of a Crossing from private to public will mutually arrange by agreement for the proposed new Crossing or reclassification of a Crossing before seeking Department approval of the change. R930-5-8. Maintenance. (1) Responsibility for maintenance is as described in this section unless a separate agreement applies. (a) The railroad is responsible for the maintenance of railroad passive warning devices and active warning devices within the railroad right-of-way. (b) If the railroad has a property interest in the right-of-way, the railroad is responsible for the maintenance of crossing material within the railroad right-of-way and two feet beyond each outside rail for crossings without concrete crossing panels or edge of concrete crossing panel. (c) On a temporary highway detour crossing, the railroad is responsible for the maintenance of pavement, active warning devices, and passive warning devices within the railroad right-of-way at the expense of the highway authority. (d) When the railroad alters the railway due to track and ballast maintenance, the railroad shall coordinate work with the highway authority so the pavement approaches can be adjusted to provide a smooth and level crossing surface. (e) When the highway authority changes the highway profile through construction or maintenance activities, the highway authority shall coordinate work with the railroad so the tracks can be adjusted to provide as smooth and level a crossing surface as possible. (f) Where a highway structure overpasses a railroad, the highway authority is responsible for the maintenance of the entire structure and its approaches. (g) Where a highway underpasses a railroad and the railroad owns the right-of-way in fee title, the highway authority is responsible for the maintenance of the highway and the entire structure below, including the deck plate, girders, handrail, and parapets. The railroad is responsible for the maintenance of the ballast, ties, rails, and any portion of the supporting structure above the top of the ballast deck plate between parapets. (i) If the highway authority owns the right-of-way in fee title, the railroad is responsible for the maintenance of the entire structure unless a separate agreement applies. (ii) Cost of repairing damages to a highway or a highway structure occasioned by collision, equipment failure, or derailment of the railroad's equipment shall be borne by the railroad. (h) Responsibility for maintenance of private industrial trackage not owned by a railroad that crosses a highway shall be as follows: (i) When a facility, plant, or property owner receives goods and services from a railroad over private industrial trackage that crosses a highway, maintenance of the crossing shall be the responsibility of the industry owning the trackage or as agreed to by the parties. (ii) When the crossing becomes a safety hazard to vehicles and is not maintained, the department or the railroad shipping the goods and services shall notify the industry owning the trackage in writing to maintain or replace the crossing material. (iii) If the industry owning the trackage does not maintain or replace the crossing material by a specified date, the department shall order the railroad to cease and desist operations across the crossing. (iv) If the industry owning the trackage does not respond to the order to maintain or replace the crossing material, the department shall arrange to have the crossing material replaced and bill the industry owning the trackage for the expenses to repair the trackage. R930-5-9. FundingAuthorization andApportionment of Cost for Section 130 Crossing Projects. (1) FundingAuthorization. (a) Section 130 Crossing Projects: (i) Costs associated with a FHWA authorized and approved program are eligible for federal participation. Eligible costs incurred in an approved program prior to authorization by FHWA are not reimbursable, but may be included as part of the Railroad share of the project cost where such a share is required. Eligible costs include, but are not limited to cost associated with environmental clearance, Preliminary Engineering, and right-of-way acquisition. (ii) Prior to FHWA issuing its authorization to advertise the construction of a Crossing project, the Crossing project must receive environmental clearance; the plans, specifications and estimates must be approved by FHWA; and any proposed agreement between the Railroad and the Department must be reviewed and approved by FHWA, as per FHWA's stewardship agreement with the Department. (b) Non-Section 130 Crossing Projects: (i) The Department will consider requests for funding of non-Section 130 Crossing Projects as part of its regular STIP evaluation and approval process. (2) Apportionment of Costs. (a) Section 130 Crossing Projects: (i) Apportionment of costs for installation, maintenance, and reconstruction of safety related improvements at a Crossing shall be in accordance with 23 CFR 646 and Section 54-4-15. UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 193 NOTICES OF PROPOSED RULES (ii) When a HighwayAuthority widens a Highway, the HighwayAuthority shall fund all improvements including, but not limited to Passive Warning Devices, Active Warning Devices, Crossing material, and other improvements as ordered by the Department in consultation with the Diagnostic Team. (iii) The Department will evaluate each Crossing project to determine the extent to which, if any, the Crossing projects benefits the respective parties. If a Crossing project is determined not to benefit a party, the party will not be required to participate in the funding. (b) Non-Section 130 Crossing Projects. (i) The Department will consider requests for funding of non-Section 130 Crossing Projects as part of its regular STIP evaluation and approval process. R930-5-10. Railroad and HighwayAuthorityAgreements. (1) Where construction of a Section 130 Crossing Project requires use of Railroad properties or adjustments to Railroad facilities, the Department will prepare an agreement with the Railroad. (2) Master agreements between the Department and a Railroad on an area wide or statewide basis may be used. These agreements shall contain the specifications, regulations, and provisions required in conjunction with work performed on all Crossing projects. (3) On a project-by-project basis, the written agreement between the Department and the Railroad shall include the following minimum requirements: (a) Reference to appropriate federal regulations; (b) Detailed statement of the work to be performed by each party; (c) The extent to which the Railroad is required to adjust its facilities; (d) The Railroad's share of the project cost; (e) An itemized estimate of the cost of the work to be performed by the Railroad; (f) Method to be used for performing the work, either by Railroad forces or by contract; (g) Maintenance responsibility; (h) Form, duration, and amounts of any needed insurance; and (i) Appropriate reference to or identification of plans and specifications. (4) On matching fund agreements between the Department and a Highway Authority, the written agreement shall include the following minimum requirements: (a) Description of work and location, city, county, and state; (b) Reference to federal regulations that matching funds will be provided by the HighwayAuthority; (c) Detailed statement of work to be preformed by each party regarding design, agreements, inspection, and maintenance; (d) Statement of finances of project and matching funds to be provided by HighwayAuthority, deposits, invoices, and cost overruns or under runs. (5) Agreements for industry track Crossings are prepared between the HighwayAuthority and the industry. (6) In order that a Crossing project shall not become unduly delayed, the Department shall consider a six-month period from issuance of the Railroad agreement to be adequate for completion of work by the Railroad involved. Should more than the specified period elapse, the Department shall require the Railroad to proceed with the work covered by the agreement under the authority contained in Section 54-4-15 and approval from the FHWAwill be solicited in conformance with 23 CFR 646. R930-5-11. Crash Reporting. A Railroad is required to report crashes resulting in injury or death to an individual or damage to equipment, roadbed, or autos occurring at a Crossing to the Department's Chief Railroad Engineer within 2 hours of the incident. Initial notification must include the USDOT Crossing number, street address, municipality, time of incident, train identifier, and contact phone number for further information. Written crash reports shall be submitted to the Department within 30 days of the incident. Current Federal Railroad Administration (FRA) form F 6180.57 shall be used to report a crash. R930-5-12. Exemption of Railroad Crossings. Under Section 41-6a-1205, certain vehicles are required to stop at all Crossings unless a Crossing is signed as exempt. Recommendation to exempt a Crossing is made by a Diagnostic Team and the Department is responsible for issuing the exemption order. The following Crossings are not eligible for exemption under this Section: (1) Mainline Crossings with Passive Warning Devices only; (2) Crossings within approved Quiet Zones; and (3) Crossings where insufficient sight distance exists. R930-5-13. Notice of IntendedAction. (1) Public notification of a public hearing opportunity is required, in conformance with Section R930-2, when the Department is considering a proposal to permanently close a Crossing, add a track at a Crossing, or construct a new Crossing. It is the responsibility of the Highway Authority, Railroad, or Company requesting the proposed action, in consultation with the Department, to carry out the requirements of this section unless otherwise agreed to by the Department. (2) In instances where the action proposed by the Department does not substantially affect the public, the Department may waive the requirement to notice a public hearing opportunity, provided the affected Diagnostic Team members concur in writing.] R930-5-1. Purpose andAuthority. (1) The department oversees all public highway-rail grade crossings in Utah. 194 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 NOTICES OF PROPOSED RULES (2) Railroads have jurisdiction over and are responsible for the safety of private highway-rail grade crossings. (3) The department shall administer this rule to improve safety for all users of a crossing and to provide for the efficient operation of trains, vehicles, and pedestrians through crossings by: (a) inventorying the safety infrastructure at all crossings in the state; (b) evaluating and approving the location of a new crossing; (c) prescribing the type of improvements at a crossing; (d) defining maintenance responsibility for a crossing; and (e) determining funding apportionments for all Section 130 crossing projects. (4) This rule describes the procedures the department uses to evaluate and select a crossing for improvements and to evaluate and select the type of improvements at a crossing, including: (a) the evaluation and selection of the type of passive and active warning device; and (b) the process for evaluating and determining whether a crossing should be grade separated. (5) Thisruleestablishestheresponsibilitiesofthepartiesinvolvedinthedesign,maintenance,andfunding ofcrossing improvements. (6) This rule is authorized by: (a) Title 72, Chapter 17, Part 2, Regulation of Highway-Railroad Grade Crossings; (b) Sections 54-4-14, 72-1-201; and 41-6a-1205; and (c) Title 63G, Chapter 3, UtahAdministrative RulemakingAct. R930-5-2. Incorporation by Reference. The department incorporates the following federal law, state law, federal agency manuals, association standards, and UDOT technical requirements by reference: (1) 23 USC 148, "Highway Safety Improvement Program" (2021); (2) 23 CFR 646, "Railroads" (2026); (3) 23 CFR 655, "Traffic Operations" (2026) Manual of Uniform Traffic Control Devices (2023, with revision 1 incorporated 2025); (4) 23 CFR 924, Highway Safety Improvement Program (2026); (5) 49 USC ch. 209, pt.A,Accidents and Incidents (2021); (6) 49 CFR 212, State Safety Participation Regulations (2026); (7) 49 CFR 222, Use of Locomotive Horns at Public Highway-Rail Grade Crossings (2026); (8) 49 CFR 674, State Safety Oversight (2026); (9) A Policy on Geometric Design of Highway and Streets, American Association of State Highway and Transportation Officials (AASHTO)(2018); (10) Highway-Rail Crossing Handbook (FRA/FHWA)(2019); (11) Preemption of Traffic Signals near Railroad Crossings, Institute of Traffic Engineers (ITE)(2021); (12) ManualforRailwayEngineering,Chapter 28,Clearances,American RailwayEngineeringandMaintenance-of-WayAssociation (AREMA)(2026); and (13) Standard Drawing RR-Series, Utah Department of Transportation. R930-5-3. Definitions. As used in this rule: (1) "Active warning device" means a traffic control device activated by the approach or presence of a train that gives a motorist a positive warning of the approach or presence of a train, including: (a) a flashing light signal, an automatic gate, or a similar device; or (b) a manually operated device or crossing watchman. (2) "Crossing" means a highway-rail grade crossing. (3) "Diagnostic team" means a department appointed group of knowledgeable representatives of the parties of interest when addressing changes to a crossing or group of crossings. (4) "FHWA" means the Federal HighwayAdministration. (5) "FRA" means the Federal RailroadAdministration. (6) "FTA" means the Federal TransitAdministration. (7) "Highway" means a public road, street, alley, lane, court, place, viaduct, tunnel, bridge, or structure that is laid out or erected for public use, dedicated or abandoned to the public, or made public in an action for the partition of real property, including the area within the right-of-way. (8) "Highway authority" means the department or the local governmental entity that owns or has jurisdiction over a highway. (9) "Highway-rail grade crossing" means the general area where a highway and a railroad cross at the same level, including the railroad, highway, and roadside facilities that serve public traffic traversing the area. (10) "MUTCD" means the Manual of Uniform Traffic Control Devices, as adopted in accordance with Section 41-6a-301. (11) "Neutral quadrant" means, of the four quadrants or areas formed by the intersection of a highway and a railroad, the quadrant that minimizes sight-distance conflicts with oncoming vehicular traffic, which, unless site conditions require otherwise, is the quadrant on the far side of the tracks from the direction of vehicular travel. (12) "Passive warning device" means a static traffic control device, including a sign, marking, or other device located at or in advance of a crossing that indicates the presence of a crossing but does not react or change when a train approaches or is present. UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 195 NOTICES OF PROPOSED RULES (13) "Preliminary engineering" means the work necessary to produce construction plans, specifications, and estimates to the degree of completeness required to undertake construction, including locating, surveying, designing, and related work. (14) "Quiet zone" means a section of a rail line at least one half mile in length that contains one or more consecutive public crossings at which locomotive horns are not routinely sounded. (15) "Railroad" means a rail carrier, whether publicly or privately owned, including a: (a) common carrier; (b) line-haul freight or passenger railroad; (c) public transit district; (d) switching or terminal railroad; or (e) passenger-carrying railroad such as a rapid transit, commuter, or street railroad. (16) "Section 130 crossing project" means a project that: (a) is authorized and funded under United States Code, Title 23, Section 130; and (b) eliminates hazards and improves the safe operation of trains, vehicles, and pedestrians through a crossing. (17) "STIP" means the Statewide Transportation Improvement Program, the department's fiscally constrained, multi-year program of highway and transit projects developed in accordance with 23 CFR Part 450. R930-5-4. Diagnostic Team. (1) Forthepurposesdescribedinthissection,thedepartmentmayappointaproject-limitedortime-limiteddiagnosticteamconsisting of: (a) the department's chief railroad engineer or a designee; (b) one or more railroad representatives; and (c) one or more representatives of the appropriate highway authority. (2) The department may convene a diagnostic team review when: (a) a highway authority, railroad, or the department requests a review of a crossing or is proposing improvements or changes to a crossing; (b) a highway authority proposes a change to highway traffic patterns that is projected to significantly increase traffic at a crossing; (c) a person complains about a crossing; (d) a safety concern regarding a crossing arises; (e) the department receives a request to close a crossing; or (f) a provision of the MUTCD requires a review of a crossing. (3) At the discretion of the department, the department may conduct a diagnostic team review when: (a) a highway authority widens or constructs a new highway affecting a crossing, in which case the highway authority shall arrange by agreement with the railroad to design and install all required improvements concurrently with the department's review; (b) a highway authority proposes to approve new residential, commercial, or industrial development within 1,000 feet of a crossing, to assess the development's potential traffic impacts on the crossing; (c) a railroad proposes to modify a safety-related device or the physical layout of a crossing, in which case the railroad shall request the department's approval of all crossing-related designs following the review; or (d) a highway authority or railroad requests a new crossing or the reclassification of a crossing from private to public, in which case the requesting party shall: (i) mutually arrange by agreement with the other party for the proposed new crossing or reclassification; and (ii) provide the department with an approved master street plan from the appropriate jurisdiction showing the elimination or combination of existing crossings, or other safety improvements that enhance the overall safety of the corridor. (4) The duties of the diagnostic team include reviewing, evaluating, and making recommendations to the department for all: (a) proposed improvements for crossing projects, including Section 130 and non-Section 130 crossing projects; (b) requests for a new crossing; (c) requests to reclassify a crossing from private to public; and (d) requests to eliminate a crossing; (5) In addition to the duties described in Subsection (4), the diagnostic team may recommend: (a) that the department conduct an engineering study to evaluate the need for a new overpass or other grade separation structure when appropriate; and (b) other safety-related changes to improve vehicle and pedestrian safety at a crossing. (6) When serving on a diagnostic team, the chief railroad engineer, or a designee, when applicable: (a) schedules each upcoming review and notifies diagnostic team members and the FHWAof the date and time of the review; (b) conducts each crossing review, issues a related report within a reasonable time after the review, and sends copies to attendees; (c) reviews and, at the discretion of the engineer, approves crossing improvements the diagnostic team recommends; (d) considers a Section 130 crossing project the diagnostic team recommends; (e) initiates all notices of intended action for crossing projects, as appropriate, under Section R930-5-12; and (f) reviews all necessary field data obtained for a crossing project, including site plan maps and photographs of existing crossing conditions. (7) When serving on a diagnostic team, the railroad's representative provides relevant data related to the crossing under review, including train volumes, accident data, and other pertinent data regarding the crossing. 196 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 NOTICES OF PROPOSED RULES (8) When serving on a diagnostic team, the highway authority's representative: (a) provides relevant data regarding the crossing under review, including highway traffic volumes, planned road construction activities, the approved master street plan for the highway, and relevant pedestrian information; (b) Invites the local school district to participate in a review when appropriate, and requests the school district to provide child access and bus routing plan information; and (c) Invites the local law enforcement agency to participate in the review when appropriate, and requests the law enforcement agency to provide relevant data, including any safety concerns about the crossing. (9) Before taking final action on improving a crossing, the department shall consider all recommendations the diagnostic team makes and, if appropriate, input the public provides under Section R930-5-12. (10) Notwithstanding this section, the department may make formal findings and rulings independently of the diagnostic team. R930-5-5. Design of a Highway-Rail Grade Crossing. (1) The department shall approve or disapprove the design of all crossing improvements, including the addition of a new crossing and treatments for a closed crossing.All design plans shall include, if available: (a) USDOT identification numbers; (b) street addresses; (c) highway milepost; (d) railroad subdivision; and (e) railroad milepost for the crossing. (2) Arailroad shalldesigncrossing facilitiesthataretherailroad'sresponsibilityinconformancewith therailroad'sown specifications and design standards. (3)(a) A highway authority shall design crossing highway approaches, which includes the areas beyond two feet of rail that are the highway authority's responsibility, in conformance with the highway authority's own specifications and design standards. (b) If a highway authority that is not the department has no approved standard, the department's standards for crossing approach design apply. (4)(a) The department, a railroad, and a highway authority shall ensure that permanent and temporary traffic control devices installed as part of a crossing improvement comply with the MUTCD. (b) The department must approve any variance from MUTCD requirements. (5)(a) When crossing material needs to be extended or replaced, the entity designing the crossing shall determine the minimum length of the crossing material. (b) The entity shall base the length on the proposed width of the new roadway or on the approved master plan roadway width. (c) The entity shall ensure that the crossing material extends at least two feet from the outer edge of the roadway, to the back of the concrete curb and gutter, or past the sidewalk. (6) The railroad shall design railroad active warning devices, including but not limited to, the location, activation circuitry, hardware, and software, in accordance with the MUTCD. (7) When an active warning device is within 200 feet of a traffic signal, the highway authority and the railroad shall coordinate the design of the interconnect between the traffic signal and the active warning device to ensure sufficient preemption time to clear potential vehicle stacking across the crossing. (8) The railroad shall locate a signal house for an active warning device in the neutral quadrant unless the department approves another location. (9) The railroad shall design and install all required railroad passive warning devices located within the railroad right-of-way, in accordance with the MUTCD. (10) The highway authority shall design and install all other passive warning devices, signs, and pavement markings, and shall locate them in accordance with the MUTCD. R930-5-6. Exemption of Railroad Crossings. (1) Under Section 41-6a-1205, certain vehicles must stop at all crossings unless the department determines a crossing is exempt. (2) The diagnostic team may recommend whether to exempt a crossing. (3) If the diagnostic team recommends that a crossing be exempt, the department may issue an exemption order for that crossing. (4) Notwithstanding the other provisions of this section, the department may not exempt: (a) a crossing at a railroad mainline track with a passive warning device; (b) a crossing within an approved quiet zone, unless traffic is regulated by a traffic control signal; or (c) a crossing where insufficient sight distance exists. R930-5-7. Maintenance. (1) Responsibility for maintenance is as described in this section unless a separate agreement applies. (2) The railroad shall maintain railroad passive and active warning devices within the railroad right-of-way. (3) The railroad shall maintain crossing material within the railroad right-of-way: (a) to the edge of the concrete crossing panel; or (b) two feet beyond each outside rail, for a crossing without a concrete crossing panel. (4) On a temporary highway detour crossing, the railroad shall maintain the pavement, active warning devices, and passive warning devices within the railroad right-of-way, at the highway authority's expense. UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 197 NOTICES OF PROPOSED RULES (5) When the railroad alters the railway due to track and ballast maintenance, the railroad shall coordinate the work with the highway authority so the pavement approaches can be adjusted to provide a smooth and level crossing surface. (6) When the highway authority changes the highway profile through construction or maintenance activities, the highway authority shall coordinate the work with the railroad so the tracks can be adjusted to provide as smooth and level a crossing surface as possible. (7) Where a highway structure overpasses a railroad, the highway authority shall maintain the entire structure and its approaches. (8) Where a highway underpasses a railroad: (a) if the railroad owns the right-of-way in fee title, the railroad shall maintain the ballast, ties, rails, and any portion of the supporting structure above the top of the ballast deck plate between parapets, and the highway authority shall maintain the highway and all other portions of the structure, including the deck plate, girders, handrail, and parapets; or (b) if the highway authority owns the right-of-way in fee title, the railroad shall maintain the entire structure. (9) The responsibility for maintenance of industrial trackage that crosses a highway is as follows: (a) when a facility, plant, or property owner receives goods and services from a railroad over industrial trackage, not owned by a railroad and that crosses a highway, the facility, plant, or property owner shall maintain the crossing; (b) if an unmaintained crossing becomes a safety hazard to vehicles, the department or the railroad shipping the goods and services shall notify the owner of the trackage in writing to maintain or replace the crossing; (c) if the entity owning the trackage does not maintain or replace the crossing by a specified date, the department shall order the railroad to cease and desist operations across the crossing; and (d) if the entity owning the trackage does not respond to an order to maintain or replace the crossing, the department shall arrange to have the crossing replaced and bill the entity owning the trackage for the expense of the repair. (10) The railroad shall bear the cost of repairing damage to a highway or highway structure caused by a collision, equipment failure, or derailment of the railroad's equipment. R930-5-8. Type and Selection of Crossing Projects. (1)(a) This Subsection (1) describes Section 130 crossing projects. (b) For the purposes of this rule, Section 130 crossing project types include: (i) elimination of a crossing; (ii) safety improvements; (iii) reconstruction of a crossing grade separation structure; and (iv) repair of crossing material. (c) The department selects and prioritizes Section 130 crossing projects using the following methods: (i) the department collects and maintains crossing data using the USDOT Grade Crossing Inventory, including the crossing's current physical condition, average daily traffic, and highway attributes; (ii) a highway authority, railroad, or the department may request an engineering study of a crossing; (iii) an engineering study: (A) reviews the crossing and the crossing's environment, identifies the nature of any deficiencies, and recommends alternative improvements; and (B) reviews crossing characteristics, the existing traffic control system, and the highway and railroad characteristics; and (iv) whenusingan engineering study, thedepartmentassessesexisting and potentialhazards,identifiesdeficiencies,andrecommends countermeasures. (d) When evaluating the need for a Section 130 crossing project, the department: (i) shall evaluate the project as a component of a larger transportation corridor; (ii) may program all crossings within a transportation corridor for improvements; and (iii) may consider both engineering improvements and closures to improve safety and operations. (2)(a) This Subsection (2) describes non-Section 130 crossing projects. (b) For the purposes of this rule, non-Section 130 crossing project types include: (i) a crossing project that uses railroad properties or involves an adjustment to railroad facilities required by highway construction, but does not involve the elimination of a hazard at a crossing; and (ii) construction of a new crossing at or over a railroad track where the new highway is not a relocation of an existing highway. (c) The department evaluates and selects non-Section 130 crossing projects as part of the department's normal STIP evaluation and approval process. R930-5-9. FundingAuthorization andApportionment of Cost for Crossing Projects. (1)(a) This Subsection (1) describes funding and funding authorization requirements for a Section 130 crossing project and a non- Section 130 crossing project. (b) For a Section 130 crossing project: (i) costs associated with a program the FHWAauthorizes and approves are eligible for federal participation; (ii) eligible costs a party incurs in an approved program before FHWA authorization are not reimbursable, but the department may include the costs as part of the railroad's share of the project cost where a share is required; (iii) eligible costs include costs associated with environmental clearance, preliminary engineering, and right-of-way acquisition; and (iv) the department may not advertise for construction of a Section 130 crossing project until the FHWAhas: (A) approved environmental clearance; (B) approved the plans, specifications, and estimates of the project; and 198 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 NOTICES OF PROPOSED RULES (C) reviewed and approved any proposed agreement between the railroad and the department, consistent with the FHWA's stewardship agreement with the department. (c) For a non-130 crossing project, the department shall consider and authorize a request for funding as part of the department's regular STIP evaluation and approval process. (2)(a) This Subsection (2) describes the apportionment of costs for Section 130 crossing projects and non-Section 130 crossing projects. (b) For a Section 130 crossing project: (i) the department shall apportion costs for the installation, maintenance, and reconstruction of safety-related improvements at a crossing in accordance with 23 CFR 646 and Section 72-17-202; and (ii) when a highway authority widens a highway, the highway authority shall fund all improvements the department requires in consultation with the diagnostic team, including any passive warning devices, active warning devices, and crossing materials; (c) For a non-Section 130 crossing project, the department apportions costs as part of the department's regular STIP evaluation and approval process. (3) For all crossing projects under this section, the department: (a) shall evaluate each crossing project to determine the extent to which it benefits the respective parties; and (b) may not require a party to participate in the funding of a project, if the department determines that a crossing project does not benefit a party. R930-5-10. Railroad and HighwayAuthorityAgreements. (1) Where construction of a federally funded project requires use of railroad properties or modifications to railroad infrastructure, the department shall prepare an agreement with the railroad. (2)(a) The department and a railroad may use a master agreement on an area-wide or statewide basis. (b) The parties shall include in a master agreement the specifications, regulations, and provisions required for work performed on crossing projects. (3) In preparing a written agreement between the department and a railroad, the parties shall, at a minimum: (a) reference the applicable federal regulations; (b) state in detail the work each party will perform; (c) identify the extent to which the railroad must adjust the railroad's infrastructure; (d) state the railroad's share of the project cost; (e) itemize the estimated cost of the work the railroad will perform; (f) assign maintenance responsibility; (g) state any needed insurance requirements; and (h) reference or identify the applicable plans and specifications. (4) In preparing a matching fund agreement, the department and a highway authority shall, at a minimum: (a) describe the work and location, including city, county, and state; (b) reference the federal regulations requiring the highway authority to provide matching funds; (c) state in detail the work each party will perform regarding design, agreements, inspection, and maintenance; and (d) state the project's finances and the matching funds the highway authority will provide, including deposits, invoices, and cost overruns or underruns. (5) Fora projectwhere theindustry trackcrosses ahighway, the highway authority and the industry shall prepare a writtenagreement. (6)(a) To prevent undue delay of a crossing project, the department considers a six-month period from issuance of the railroad agreement adequate for the railroad to complete the railroad's work. (b) If the railroad's work is not complete within that period, the department: (i) shall require the railroad to proceed with the work in accordance with Section 72-17-202; and (ii) shall seek FHWAapproval in conformance with 23 CFR 646. R930-5-11. Crash Reporting. (1) A railroad shall report to the department's chief railroad engineer, or a designee, within two hours of a crash at a crossing that results in injury or death to an individual, or damage to equipment, roadbed, or a vehicle. (2) The railroad's initial notification shall include the USDOT crossing number, street address, municipality, time of the incident, train identifier, and a contact phone number for further information. (3) The railroadshall submita writtencrash reportto the department within 30 daysof the incident, using the currentFederal Railroad Administration Form F 6180.57. R930-5-12. Notice of IntendedAction. (1) When the department considers a proposed action to permanently close a crossing, add a track at a crossing, or construct a new crossing, the highway authority or railroad shall provide public notification of a public hearing opportunity in conformance with R930-2. (2) The highway authority or railroad requesting the proposed action are responsible for providing and presenting information at the public hearing, in consultation with the department, unless the department agrees otherwise. (3) If,inthe determination of thedepartment, theproposed actionto acrossing doesnot substantially affect the public, the department may waive the requirement to notice a public hearing opportunity if the diagnostic team members concur in writing. UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 199 NOTICES OF PROPOSED RULES KEY: railroad, crossing, transportation, safety Date of Last Change: 2026[February 7, 2023] Notice of Continuation: September 9, 2026 Authorizing, and Implemented or Interpreted Law: 41-6a-1205; 54-4-14; [54-4-15]Title 72, Chapter 17, Part 2; 72-1-201 End of the Notices of Proposed Rules Section 200 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public, that the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a PROPOSED R ULE; continue the rule as it is by filing a F IVE-YEAR N OTICE OF REVIEW AND S TATEMENT OF C ONTINUATION (REVIEW ); or amend the rule by filing aROPOSED R ULE and by filing a EVIEW . By filing a EVIEW , the agency indicates that the rule is still necessary. A R EVIEW is not followed by the rule text. The rule text that is being continued may be found in the online edition of the Utah Administrative Code available at adminrules.utah.gov. The rule text may also be inspected at the agency or the Office of Administrative Rules. REVIEWS are effective upon filing. R EVIEWS are governed by Section 63G-3-305. NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R58-1 Filing ID: 55241 Effective date: 09/24/2026
A. Rule catchline:
R58-1. Admission, Identification, and Inspection of Livestock, Poultry, and Other Animals B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Subsection 4-2-103(1)(c)(i) Grants authority to inquire into causes of contagious, infectious, and communicable diseases among livestock and to implement effective measures for their prevention and cure. Using this provision, this rule establishes specific health screenings, testing, import permitting, and vaccination requirements designated to prevent disease entry and transmission among Utah's livestock population. UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 201 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION Subsection 4-2-103(1)(i) Authorizes the Department of Agriculture and Food (department) with rulemaking authority necessary for the effective administration of the state's agricultural laws and empowers the department to establish standards regarding animal inspection, movement, and identification across the state. Title 4, Chapter 31 Provides broad statutory responsibility on the department to control animal diseases and mitigate health threats across domestic, captive, and agricultural species.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule is necessary to maintain a biosecurity framework and protect the state's livestock industry, public health, and agricultural economy from communicable animal diseases. This rule also establishes requirements for importation, entry, identification, and transport of cattle, bison, horses, swine, sheep, goats, poultry, captive Cervidae (elk), and exotic species. This rule is required to ensure ongoing protection of public and animal health. Therefore, this rule should be continued. Discontinuation of this rule would create biosecurity vulnerability, increasing the risk of widespread disease outbreaks, loss of disease-free status designations, quarantine measures, and financial damage to Utah's producers and interstate commerce. 4. Agency Authorization Information Agency head or Kelly Pehrson, Commissioner Date: 09/24/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R58-3 Filing ID: 55243 Effective date: 09/24/2026
A. Rule catchline:
R58-3. Brucellosis Vaccination Requirements 202 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Section 4-31-109 Grants rulemaking authority to control and eradicate brucellosis through enforcement of the rules. Subsection 4-2-103(1)(c)(i) Authorizes the Department of Agriculture and Food (department) to investigate the cause of contagious, infections, and communicable diseases among livestock and implement measures for their prevention and cure. Subsection 4-2-103(1)(j) Authorizes the department to enact rules necessary for the effective administration of the state's agricultural laws which enables the department to establish standards for vaccine administration, official tattooing, identification, and reporting.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule is essential to safeguard Utah's livestock industry, public health, and agricultural economy from bovine brucellosis (Brucella abortus). Brucellosis is a communicable disease-causing infertility, and reduced milk production in cattle, and bison. This rule establishes vaccination, identification, and reporting requirements to maintain its baseline herd immunity, USDA "Class Free" brucellosis status, and prevent financial losses from disease outbreaks, quarantines, and depopulation measures. This rule is required to maintain biosecurity and preserve market stability for Utah livestock. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Kelly Pehrson, Commissioner Date: 09/23/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R58-6 Filing ID: 58022 Effective date: 09/24/2026
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule is necessary to maintain Utah's biosecurity framework and protect commercial poultry producers, backyard, flock owners, gamebird facilities, and public health from avian diseases such as Highly Pathogenic Avian Influenza (HPAI). This rule also provides the structure for licensing poultry dealers and hatcheries, implementing disease testing standards, establishing sanitary handling practices, enforcing mandatory disease reporting, and imposing quarantines when infectious pathogens are detected. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Kelly Pehrson, Commissioner Date: 09/24/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R58-18 Filing ID: 57422 Effective date: 09/24/2026
A. Rule catchline:
R58-18. Licensing, Operating, Health, and Disposal Standards for Domesticated Elk Facilities 204 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Section 4-39-106 Mandates the Department of Agriculture and Food to make rules, after considering recommendations of the Domesticated Elk Advisory Council, regarding application procedures, disposal or removal of domesticated elk, operational and facility standards, health and testing standards, transportation and documentation of domesticated elk carcasses, and rules consistent with statutory responsibilities listed in Section 4-39-103.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule is essential to maintain regulatory oversight, biosecurity, and operational standards for Utah's domesticated elk industry while protecting native wild cervid populations and domestic livestock from catastrophic animal diseases. This rule also provides requirements for licensing elk facilities, and the framework to monitor Chronic Wasting Disease (CWD), and requirements to ensure proper carcass disposal, trace animal movements, and ability to manage facilities. This rule is required to fulfill statutory mandates, support commercial elk farming, and preserve public health, animal, and wildlife safety. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Kelly Pehrson, Commissioner Date: 09/24/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R58-22 Filing ID: 55254 Effective date: 09/24/2026
A. Rule catchline:
R58-22. Equine Infectious Anemia (EIA) UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 205 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Section 4-31-109 Authorizes the Department of Agriculture and Food (department) to make rules to control and eradicate infectious diseases in livestock. Subsection 4-2-103(1)(c) Grants the department the authority to inquire into the cause of contagious, infectious, and communicable diseases among livestock and implement measures for their prevention and cure. Subsection 4-2-103(1)(i) Authorizes the department to create rules necessary for the effective administration of the states' agricultural laws.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule is necessary to protect Utah's equine population, horse owners, and agricultural economy from equine infectiousAnemia (EIA), which is a viral blood-borne disease transmitted by biting insects or contaminated needles and equipment. This rule also establishes the framework to prevent and control EIAoutbreaks and includes testing protocols, quarantine, isolation, identification requirements, and humane disposition options. This rule is essential to maintain animal health and protect livestock commerce. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Kelly Pehrson, Commissioner Date: 09/24/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R58-23 Filing ID: 55228 Effective date: 09/24/2026
2. Contact Persons
Name: Phone: Email: Amber Brown 385-245-5222 Ambermbrown@utah.gov Camille Knudson 801-597-6010 Camillek@utah.gov John Keller 385-321-0250 johnkeller@utah.gov Please address questions regarding information on this notice to the persons listed above. 206 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule is necessary to protect Utah's equine population, horse breeding operations, and agricultural economy from Equine Viral Arteritis (EVA), which is a contagious viral disease that causes respiratory illness, severe disease in young foals, widespread abortion in pregnant mares, and persistent, asymptomatic carrier status in breeding stallions. This rule also establishes the framework to control EVAtransmission, including mandatory diagnostic testing prior to initial stallion vaccination, official registration and management of EVA carrier stallions, restriction on the distribution and use of EVA infected semen, and quarantine protocols for infected premises. This rule is essential to preserve equine health, maintain biosecurity, and protect interstate livestock commerce. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Kelly Pehrson, Commissioner Date: 09/24/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R70-320 Filing ID: 57984 Effective date: 09/24/2026
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule is essential to maintain the safety, quality, and sanitary production of manufactured (non-grade A) dairy products offered to consumers throughout Utah. This rule also establishes standards for operating dairy manufacturing plants, producing butter and cheese, and wholesale distribution of frozen desserts and dry milk products. This rule incorporates key federal safety standards in 7 CFR Part 58, 21 CFR Parts 131, 133, and 135. This rule is required to safeguard public health and preserve economic stability across Utah's dairy sector. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Kelly Pehrson, Commissioner Date: 09/24/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R70-530 Filing ID: 56529 Effective date: 09/23/2026
2. Contact Persons
Name: Phone: Email: Amber Brown 385-245-5222 ambermbrown@utah.gov Camille Knudson 801-597-6010 camillek@utah.gov Travis Waller 801-982-2250 twaller@utah.gov Please address questions regarding information on this notice to the persons listed above. 208 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments received within the last five years about this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: Rule R70-530 is essential to safeguarding public health by establishing uniform safety and sanitation standards across Utah's retail food operations, food processors, warehouses, and distribution facilities. It also outlines fundamental requirements for management, personnel, food handling, sanitation, equipment, and plan reviews to ensure that food sold and distributed to consumers remains safe, unadulterated, and honestly presented. Furthermore, this rule allows the department to maintain alignment with nationwide public health standards through its incorporation of key federal regulations, including the U.S. Food and Drug Administration (FDA) Food Code, Code of Federal Regulations (CFR) titles, and the Food, Drug, and Cosmetic Act. Therefore, this rule should be continued. Without this rule, the department would lack the regulatory enforcement mechanisms and standardized inspection requirements necessary to mitigate foodborne illness risks and ensure safe food production across the state. 4. Agency Authorization Information Agency head or Kelly Pehrson, Commissioner Date: 09/23/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R70-560 Filing ID: 55038 Effective date: 09/23/2026
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: Rule R70-560 is necessary to establish and maintain clear standards for operating cottage food production facilities within the state. This rule outlines crucial food safety practices, labeling guidelines, inspection protocols, and licensing requirements that ensure home-produced foods offered to the public remain safe, unadulterated, and accurately labeled. This rule ensures that cottage food operators can continue to conduct small-scale business activities out of domestic kitchens under appropriate oversight, balancing economic opportunity for local food producers with essential public health and consumer safety protections. Therefore, this rule should be continued. Without this rule, the Department would lack the regulatory framework necessary to evaluate, approve, register, and inspect cottage food production operations in Utah. 4. Agency Authorization Information Agency head or Kelly Pehrson, Commissioner Date: 09/23/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R123-7 Filing ID: 57130 Effective date: 09/30/2026
2. Contact Persons
Name: Phone: Email: Mandy Teerlink 425-330-1339 mteerlink@utah.gov Alex Nielson 801-699-6509 alexnielson@utah.gov Kramer McCausland kmccausland@utah.gov Please address questions regarding information on this notice to the persons listed above. 210 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: Utah Code continues to require entities to submit their data to Transparent Utah. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Tina M Cannon, Utah State Auditor Date: 09/30/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R151-5 Filing ID: 58001 Effective date: 09/22/2026
A. Rule catchline:
R151-5. Administration of the Office of the Property Rights Ombudsman's Land Use Fund UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 211 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Subsection 15A-1-209(5)(c) Establishes funding percentage and action directive for the Office of the Property Rights (iii) Ombudsman to provide education and training on the drafting and application of land use laws and regulations, and land use dispute resolution. Section R156-15A-230 Establishes funding directive to be provided to the Office of the Property Rights Ombudsman from the Building Code Training Fund to address the requirements of Subsection 15A-1-209(5) (c)(iii).
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: A substantive change was completed on Rule R151-5, effective 07/08/2026. This rule is based upon the statute requiring the activities contained with this rule and the recent updates to improve the efficiency and effectiveness of the program. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Jordan Cullimore, Division Director Date: 09/16/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R152-42 Filing ID: 58147 Effective date: 09/24/2026
A. Rule catchline:
R152-42. Uniform Debt-Management Services Act Rule 212 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Subsection 13-2-106(1) This subsection authorizes the Division of Consumer Protection (division) to make rules to administer and enforce chapters listed in Section 13-2-102, includingTitle 13, Chapter 42, Uniform Debt-Management Services Act (UDMSA). Subsection 13-42-102(8)(c) This subsection authorizes the division to determine by rule whether an individual who is already licensed as a financial planner provides "debt-management services" contemplated by Subsection 13-42-102(8). Subsection 13-42-112(2) This subsection authorizes the division to make rules designating other states from which it will accept a provider's existing registration or licensure in lieu of a new registration application with the division. Subsection 13-42-132(3) This subsection authorizes the division to make rules to implement the provisions of the chapter. Subsection 13-42-132(6) This subsection requires the division to make a rule adopting a base year.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: The division has not received any comments since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule establishes: 1) a "base year" in accordance with the UDMSA; 2) the states in which registration satisfies the division's registration requirements; and 3) the contents of registration applications, which allows the division to efficiently process applications for registration. This rule's provisions are either mandated by the UDMSA, or assist the division's administration and enforcement of the UDMSA. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Daniel Larsen, Assistant Director Date: 09/24/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R156-1 Filing ID: 56914 Effective date: 10/01/2026
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: The rule is necessary as it provides a mechanism to inform potential licensees of the general rules of the Division, as allowed under statutory authority provided in Title 58, Chapter 1, applicable to all professions regulated by the Division. This rule is also necessary as it provides information to ensure applicants for licensure are knowledgeable about general rules of the Division with respect to items that are not covered separately in each profession's rule. Further, this rule allows the Division to maintain public safety by detailing standards that apply across the board to professions. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Deborah Blackburn, Assistant Director Date: 09/30/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R156-37 Filing ID: 56997 Effective date: 10/01/2026
1. Agency Information
Title catchline: Commerce, Professional Licensing Building: Heber M Wells Building Street address: 160 E 300 S City, state: Salt Lake City, UT 84111 Mailing address: PO Box 146741 City, state and zip: Salt Lake City, UT 84114-6741 214 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION
A. Rule catchline:
R156-37. Utah Controlled Substances Act Rule B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Section 58-37-101 et seq. Title 58, Chapter 37, Controlled Substances provides for the licensure and regulation of professionals prescribing and handling controlled substances. Subsection 58-1-106(1)(a) This subsection establishes that it is a duty of the Division of Professional Licensing (Division) to prescribe, adopt, and enforce rules to administer Title 58, Occupations and Professions.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule is necessary as it provides a mechanism to inform licensees and applicants for licensure of the rules relating to controlled substances, as allowed under statutory authority in Title 58, Chapter 37. This rule applies to professions regulated by the Division that are involved with controlled substances. This rule also is necessary as it provides information to ensure applicants for licensure are knowledgeable about controlled substance requirements of the Division with respect to items that are not covered separately in each profession's rule. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Deborah Blackburn, Assistant Director Date: 09/30/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R251-106 Filing ID: 50348 Effective date: 09/29/2026
A. Rule catchline:
R251-106. Media Relations B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Section 63G-3-201 This rule is required due to agency action meeting specific criteria, including criteria listed under Subsection (2). Section 64-13-10 This section grants the Department of Corrections (department) general rulemaking authority. Subsection 63G-2-201(12) This subsection states a governmental entity may not "…use the physical form, electronic or otherwise, in which a record is stored to deny, or unreasonably hinder the rights of a person to inspect and receive a copy of a record…" Section 63G-2-204 This section references grants the department rulemaking authority regarding requests for records access, and references Title 63G, Chapter 3, Utah Administrative Rulemaking Act. Section 77-19-11 This section directs the department to adopt rules governing the attendance of persons, including the number of media representatives, at an execution.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: The purpose of this rule isto definethe department's policy under which personsrepresentingthe news media shall be allowed access to correctional institutions, inmates, and other supervised offenders. This rule is also intended to define department actions when a need exists for the safeguarding of information. Therefore, this rule should be continued. A Nonsubstantive Change will also be submitted updating language to comply with Subsection 67-1-18(1)(c) enacted during the 2026 General Session, which changes the title of the "Executive Director" of the Department of Corrections, to the "Commissioner." This change will also affect the title of "Deputy Director" to "Deputy Commissioner." 4. Agency Authorization Information Agency head or Jared Garcia, Commissioner Date: 09/28/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R277-421 Filing ID: 54025 Effective date: 10/01/2026
1. Agency Information
Title catchline: Education, Administration 216 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION Building: Board of Education Street address: 250 E 500 S City, state: Salt Lake City, UT 84111 Mailing address: PO Box 144200 City, state and zip: Salt Lake City, UT 84114-4200
A. Rule catchline:
R277-421. Out-of-State Tuition Reimbursement B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Utah Constitution, Article X, Vests general control and supervision over public education in the Utah State Board of Education Section 3 (Board). Subsection 53E-3-401(4) Allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law. Section 53G-6-305 Outlines when a school district may pay out-of-state tuition for a resident student to attend a school district out-of-state.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No public comments received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule establishes procedures for obtaining Board approval for reimbursement of out-of-state tuition expenses, calculating reimbursement costs, and recording out-of-state students in district records. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Ben Rasmussen, Director of Policy Date: 10/02/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R277-424 Filing ID: 54125 Effective date: 10/01/2026
A. Rule catchline:
R277-424. Indirect Costs for State Programs B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Utah Constitution, Article X, Vests general control and supervision over public education in the Utah State Board of Education Section 3 (Board). Subsection 53E-3-401(4) Allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law. Subsection 53E-3-501(1)(e) Directs the Board to adopt rules for financial, statistical, and student accounting requirements.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No public comments received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule establishes Board standards for claiming indirect costs for state programs. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Ben Rasmussen, Director of Policy Date: 10/02/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R277-438 Filing ID: 50428 Effective date: 10/01/2026
1. Agency Information
Title catchline: Education, Administration Building: Board of Education Street address: 250 E 500 S City, state: Salt Lake City, Utah 84111 Mailing address: PO Box 144200 City, state and zip: Salt Lake City, Utah 84114-4200 218 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION
A. Rule catchline:
R277-438. Dual Enrollment B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Utah Constitution, Article X, Vests general control and supervision over public education in the Utah State Board of Education Section 3 (Board). Subsection 53E-3-501(1)(b)(i) Directs the Board to establish rules and minimum standards for access to programs. Subsection 53E-3-401(4) Allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law. Section 53G-6-702 Governs dual enrollment.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No public comments received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule provides consistent statewide procedures and criteria for a home school and private school student's participation in a public school course, co-curricular activity, or program. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Ben Rasmussen, Director of Policy Date: 10/02/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R277-491 Filing ID: 57727 Effective date: 10/01/2026
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No public comments received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule provides procedures and clarifying information to a school community council to assist the council in fulfilling school community council responsibilities consistent with Sections 53G-7-1202, 53G-7-1203, and 53G-7-1206. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Ben Rasmussen, Director of Policy Date: 10/02/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R277-706 Filing ID: 54129 Effective date: 10/01/2026
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No public comments received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule provides definitions and procedures for school districts to form interlocal agreements, and provides for distribution of legislative funds to eligible regional education service agencies by the Board. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Ben Rasmussen, Director of Policy Date: 10/02/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R277-746 Filing ID: 56846 Effective date: 10/01/2026
A. Rule catchline:
R277-746. Driver Education Programs for Utah Schools UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 221 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Utah Constitution, Article X, Vests general control and supervision over public education in the Utah State Board of Education Section 3 (Board). Subsection 53E-3-401(4) Allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law. Subsection 53G-10-502(4) Directs the Board to prescribe rules for driver education classes in the public schools.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No public comments received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule incorporates by reference the Board's Driver Education manual, which specifies standards and procedures for local school districts conducting automobile driver education. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Ben Rasmussen, Director of Policy Date: 10/02/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R277-922 Filing ID: 56377 Effective date: 10/01/2026
A. Rule catchline:
R277-922. Digital Teaching and Learning Grant Program B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Utah Constitution, Article X, Vests general control and supervision over public education in the Utah State Board of Education Section 3 (Board). 222 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION Subsection 53E-3-401(4) Allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law. Section 53F-2-510 Establishes a qualifying grant program and adopt rules related to administration of the Digital Teaching and Learning Grant Program.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No public comments received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule establishes an application and grant review committee and process and gives direction to Local Educational Agencies (LEAs) participating in the Digital Teaching and Learning Program. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Ben Rasmussen, Director of Policy Date: 10/02/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R313-15 Filing ID: 56553 Effective date: 09/30/2026
A. Rule catchline:
R313-15. Standards for ProtectionAgainst Radiation B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Section 19-3-104 This statute establishes the statutory authority for the Utah Waste Management and Radiation Control Board (Board) to enact administrative rules for radiation control. Specifically, it authorizes and mandates the Board to make rules necessary to control public and occupational exposure to sources of ionizing radiation that constitute health hazards. UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 223 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION It also directs the state to maintain regulatory rules that comply with federal standards (U.S. Nuclear Regulatory Commission) so that Utah maintains primacy to regulate radioactive materials within the state. Section 19-6-104 This statute defines the general powers and duties of the Utah Waste Management and Radiation Control Board regarding waste management programs. It grants authority to survey waste practices, develop statewide management policies, and enact administrative rules necessary to maintain federal authorization/primacy for regulating solid, hazardous, and mixed waste streams. =
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule is necessary because it establishes standards for protection against ionizing radiation resulting from activities conducted pursuant to licenses issued by the Director. These rules are designed so the total dose of radiation to an individual, including doses resulting from all sources of radiation other than background radiation, does not exceed the standards for protection against radiation. As an Agreement State, this rule maintains the appropriate regulatory compatibility with the NRC. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Ted H Sonnenburg, PE, LEHS, Division Date: 09/08/2026 designee and title: Director NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R313-21 Filing ID: 56680 Effective date: 09/30/2026
A. Rule catchline:
R313-21. General Licenses B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Section 19-3-104 This statute establishes the authority of the Utah Waste Management and Radiation Control Board (Board) to issue rules governing the possession, acquisition, transfer, and use of radioactive materials. It directs the Board to create regulatory requirements for general licenses that simplify regulatory oversight for low-risk, standardized radioactive items while ensuring radiation exposures are controlled and compatible with U.S. Nuclear Regulatory Commission (NRC) standards for state Agreement status. Section 19-6-104 This section defines the Board's general authority to establish administrative policies and rules regarding regulated materials and waste streams to protect public health and the environment. It provides foundational oversight powers to regulate the proper handling, transfer, and disposal of items containing radioactive components authorized under general licenses.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule is necessary because it establishes general licenses for the possession and use of radioactive material contained in certain items and a general license for ownership of radioactive material. As an Agreement State, this rule maintains the appropriate regulatory compatibility with the NRC. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Ted H Sonnenburg, PE, LEHS, Division Date: 09/08/2026 designee and title: Director NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R313-24 Filing ID: 57545 Effective date: 09/30/2026
1. Agency Information
Title catchline: Environmental Quality, Waste Management and Radiation Control, Radiation Building: Multi-Agency State Office Building (MASOB) Street address: 195 N 1950 W City, state: Salt Lake City, UT Mailing address: PO Box 144880 City, state and zip: Salt Lake City, UT 84114-4880 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 225 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION
A. Rule catchline:
R313-24. Uranium Mills and Source Material Mill Tailings Disposal Facility Requirements B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Section 19-3-104 This statute establishes the authority for the Utah Waste Management and Radiation Control Board (Board) to make rules controlling public and occupational exposure to radiation. Specifically, it authorizes the rulemaking framework necessary for uranium mill and radiation safety oversight, including licensing requirements, environmental assessments, and major license amendment thresholds compatible with federal U.S. Nuclear Regulatory Commission (NRC) standards. Section 19-6-107 This statutory provision grants administrative power to the Director of the Division of Waste Management and Radiation Control (division). It explicitly authorizes the Director to review specifications, plans, and licensing applications, process permits, conduct inspections, and enforce rules adopted by the Board to maintain state regulatory jurisdiction.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: Since the last five-year review, the division has received comments related to Rule R313-24. In June 2024, a member of the public submitted comments that the division summarized into three general categories for this review. The first category was related to a specific set of circumstances and if it would trigger the requirement that a licensing action be treated as a major license amendment which would trigger the environmental assessment process. The division's response clarified that under the existing rule, a major license amendment is triggered by changes in engineering, construction, or process controls likely to significantly impact public health, safety, or the environment. The division noted that such determinations are dependent on the specific technical details of an amendment request and are therefore evaluated on a case-by-case basis. The second category of comments concerned the option in Rule R313-24 to publish public notices either in a newspaper of general circulation in the area affected or on the division's website. The member of the public recommended making both notification methods a requirement. The division's response was that while this is a reasonable suggestion, the existing rule remains sufficient for current rulemaking as the division utilizes both methods in practice to ensure broad transparency; however, the division may consider formalizing this dual-notification requirement in future regulatory updates. The third category involved a question regarding a specific uranium mill license that was determined to be out of scope for the Rule R313-24 rulemaking. Division staff noted the comment but informed the member of the public that the concern would be addressed through separate communication, as it did not pertain to the regulatory language of this formal action. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule is necessary because it prescribes requirements for possession and use of source material in milling operations. It also establishes requirements for receipt, possession, and disposal of byproduct material. 226 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION As an Agreement State, this rule maintains appropriate regulatory compatibility with the NRC. Therefore, this rule should be continued. The public comments received were not in opposition to the continuation of this rule. 4. Agency Authorization Information Agency head or Ted H Sonnenburg, PE, LEHS, Division Date: 09/08/2026 designee and title: Director NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R313-30 Filing ID: 57045 Effective date: 09/30/2026
A. Rule catchline:
R313-30. Therapeutic Radiation Machines B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Section 19-3-104 The section allows the Waste Management and Radiation Control Board (Board) to make rules to meet the requirements of federal law relating to radiation control to ensure the radiation control program under this part is qualified to maintain primacy from the federal government. The section also allows the Board to make rules necessary for controlling exposure to sources of radiation that constitute a significant health hazard. As part of the state primacy of the radiation control program, the provisions in Rule R313-30 have been reviewed by the U.S. Nuclear Regulatory Commission (NRC) and have been determined to be compatible with the corresponding federal radiation protection regulations.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 227 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule is necessary because it establishes requirements for use of therapeutic radiation machines that are in addition to, and not in substitution for, other applicable provisions of the rules found in Title R313. As an Agreement State, this rule maintains the appropriate regulatory compatibility with the NRC. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Ted H Sonnenburg, PE, LEHS, Division Date: 09/08/2026 designee and title: Director NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R313-34 Filing ID: 55061 Effective date: 09/30/2026
A. Rule catchline:
R313-34. Requirements for Irradiators B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Subsection 19-3-104(4) Grants broad rulemaking authority to the Utah Waste Management and Radiation Control Board (Board) to regulate and control sources of ionizing radiation to protect public health and safety. It explicitly mandates that state rules be compatible with U.S. Nuclear Regulatory Commission (NRC) federal standards under Utah's Agreement State status. Subsection 19-3-104(7) Authorizes the Board to establish specific rules, requirements, and regulatory standards governing licenses for the possession, acquisition, transfer, and use of sealed radioactive sources and specialized radiation-emitting equipment. As part of the state primacy of the radiation control program, the provisions in Rule R313-34 have been reviewed by the U.S. Nuclear Regulatory Commission (NRC) and have been determined to be compatible with the corresponding federal radiation protection regulations. 228 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule is necessary because it prescribes requirements for the issuance of licenses authorizing the use of sealed sources containing radioactive materials in irradiators used to irradiate objects or materials using gamma radiation that are in addition to, and not in substitution for, other applicable provisions of the rules found in Title R313. As an Agreement State, this rule maintains the appropriate regulatory compatibility with the NRC. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Ted H Sonnenburg, PE, LEHS, Division Date: 09/08/2026 designee and title: Director NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R313-35 Filing ID: 57046 Effective date: 09/30/2026
A. Rule catchline:
R313-35. Requirements for X-Ray Equipment Used for Non-MedicalApplications B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Section 19-3-104 Authorizes the Utah Waste Management and Radiation Control Board to make rules controlling exposure to sources of radiation to protect public health and safety. Rule R313-35 implements this authority by establishing specific radiation safety standards, training requirements, personnel monitoring, structural shielding, and operational protocols for x- ray equipment used in non-medical applications--such as industrial non-destructive testing, analytical systems, security bag scanners, and veterinary medicine. UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 229 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION Section 19-6-107 Outlines the statutory powers and duties of the Director of the Division of Waste Management and Radiation Control. It provides the Director with authority to administer registrations, inspect facilities utilizing non-medical x-ray systems, evaluate radiation safety procedures, and enforce compliance with state radiation safety standards.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule is necessary because it establishes radiation safety requirements for registrants who use electronic sources of radiation for industrial radiographic applications, analytical applications or other non-medical applications that are in addition to, and not in substitution for, other applicable provisions of the rules found in Title R313. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Ted H Sonnenburg, PE, LEHS, Division Date: 09/08/2026 designee and title: Director NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R313-37 Filing ID: 56556 Effective date: 09/30/2026
A. Rule catchline:
R313-37. Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Section 19-3-103 Sets forth the state policy to protect human health and safety and the environment from radiation hazards. Rule R313-37 implements this statutory objective by establishing physical protection and security standards to prevent theft, diversion, or unauthorized access to sensitive quantities of radioactive materials. 230 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION Section 19-3-104 Authorizes the Utah Waste Management and Radiation Control Board to make rules controlling exposure to sources of radiation and regulating the possession and security of radioactive material. It mandates that state safety and physical security rules maintain compatibility with federal regulations issued by the NRC under Utah's Agreement State status. Rule R313-37 satisfies this statutory requirement by establishing physical security measures, background checks, access controls, and monitoring protocols for facilities possessing Category 1 or Category 2 quantities of radioactive material.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule is necessary because it prescribes requirements for the physical protection of radioactive materials for a licensee that possesses an aggregated category 1 or category 2 quantity of radioactive material. The requirements are in addition to, and not in substitution for, other applicable provisions of the rules found in Title R313. As an Agreement State, this rule maintains the appropriate regulatory compatibility with the NRC. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Ted H Sonnenburg, PE, LEHS, Division Date: 09/08/2026 designee and title: Director NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R313-38 Filing ID: 55064 Effective date: 09/30/2026
A. Rule catchline:
R313-38. Licenses and Radiation Safety Requirements for Well Logging UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 231 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Section 19-3-104 Grants authority to the Utah Waste Management and Radiation Control Board to adopt rules controlling public and occupational exposure to radiation. It mandates that state rules maintain compatibility with federal U.S. Nuclear Regulatory Commission (NRC) standards under Utah's Agreement State status. Section 19-6-107 Defines the statutory administrative powers of the Director of the Division of Waste Management and Radiation Control, including authority to issue radioactive material licenses, conduct regulatory inspections, review operating procedures, and enforce compliance with state radiation safety rules.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule is necessary because it prescribes requirements for the issuance of a license authorizing the use of licensed materials including sealed sources, radioactive tracers, radioactive markers, and uranium sinker bars in well logging. This rule also prescribes radiation safety requirements for persons using licensed materials in these operations. The requirements are in addition to, and not in substitution for, other applicable provisions of the rules found in Title R313. As an Agreement State, this rule maintains the appropriate regulatory compatibility with the NRC. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Ted H Sonnenburg, PE, LEHS, Division Date: 09/08/2026 designee and title: Director NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R590-91 Filing ID: 54362 Effective date: 09/22/2026
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule implements the provisions of Title 31A, Chapter 22, Part 9, Credit Life and Accident and Health Insurance. This rule also protects the interests of debtors and the public in this state and ensures a fair and equitable credit insurance market by establishing a system of reasonable rating, policy form, and operating standards for the transaction of credit life insurance and credit accident and health insurance. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Steve Gooch, Public Information Officer Date: 09/22/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R930-2 Filing ID: 52136 Effective date: 09/16/2026
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review of this rule. D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: The department has determined that this rule should still be in place. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Carlos M. Braceras, PE, Commissioner Date: 09/15/2026 designee and title: NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION Rule number: R930-3 Filing ID: 52138 Effective date: 09/16/2026
1. Agency Information
Title catchline: Transportation, Preconstruction Building: Calvin Rampton Street address: 4501 S 2700 W City, state: Taylorsville, UT Mailing address: PO Box 148455 City, state and zip: Salt Lake City, UT 84114-8455
2. Contact Persons
Name: Phone: Email: Leif Elder 801-580-8296 lelder@utah.gov James Godin 801-573-7181 jamesjgodin@agutah.gov Lori Edwards 385-341-3414 loriedwards@agutah.gov Please address questions regarding information on this notice to the persons listed above.
A. Rule catchline:
R930-3. Highway Noise Abatement B. Statutory provisions that authorize or require this rule and an explanation of those particular statutory provisions: Section 72-6-111 This rule grants the Department of Transportation (department) general rulemaking authority.
C. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule: No comments have been received since the last five-year review. 234 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 FIVE-YEAR NOTICES OF REVIEWAND STATEMENTS OF CONTINUATION D. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: The department is still authorized to have this rule in place and has determined that it should remain in replace. Therefore, this rule should be continued. 4. Agency Authorization Information Agency head or Carlos M. Braceras, PE, Commissioner Date: 09/15/2026 designee and title: End of the Five-Year Notices of Review and Statements of Continuation Section UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 235 NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of PROPOSED RULES or CHANGES IN P ROPOSED R ULES with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of C HANGES IN PROPOSED R ULES with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a NICE OF EFFECTIVE D ATE within 120 days from the publication of a ROPOSED R ULE or a related C HANGE IN PROPOSED R ULE the rule lapses. Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective. N OTICES OF E FFECTIVE DATE are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4- 5a and R15-4-5b. Commerce Consumer Protection No. 58115 (Repeal and Reenact) R152-11: Utah Consumer Sales Practices Act Rule Published: 08/15/2026 Effective: 09/22/2026 Education Administration No. 58149 (Amendment) R277-101: Public Participation in Utah State Board of Education Meetings Published: 09/01/2026 Effective: 10/08/2026 No. 58150 (Amendment) R277-108: Annual Assurance of Compliance by Local School Boards Published: 09/01/2026 Effective: 10/08/2026 No. 58151 (Amendment) R277-110: Educator Salary Adjustment Published: 09/01/2026 Effective: 10/08/2026 No. 58152 (Amendment) R277-211: Utah Professional Practices Advisory Commission (UPPAC), Rules of Procedure: Notification to Educators, Complaints and Final Disciplinary Actions Published: 09/01/2026 Effective: 10/08/2026 No. 58153 (Amendment) R277-301: Educator Licensing Published: 09/01/2026 Effective: 10/08/2026 No. 58154 (Amendment) R277-304: Teacher Preparation Programs Published: 09/01/2026 Effective: 10/08/2026 No. 58155 (Amendment) R277-306: Educator Preparation Programs for School Psychologists, Audiologists, Speech-Language Pathologists, Speech-Language Technicians, Counselors, and School Social Workers Published: 09/01/2026 Effective: 10/08/2026 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 236 NOTICES OF RULE EFFECTIVE DATES No. 58156 (Amendment) R277-322: LEA Codes of Conduct Published: 09/01/2026 Effective: 10/08/2026 No. 58157 (New Rule) R277-334: Classroom Technology and Artificial Intelligence Governance Published: 09/01/2026 Effective: 10/08/2026 No. 58158 (Amendment) R277-406: Early Learning Program and Assessments Published: 09/01/2026 Effective: 10/08/2026 No. 58159 (Amendment) R277-409: Public School Membership in Associations Published: 09/01/2026 Effective: 10/08/2026 No. 58160 (Amendment) R277-445: Classifying Small Schools as Necessarily Existent Published: 09/01/2026 Effective: 10/08/2026 No. 58161 (Amendment) R277-460: Distribution of Substance Abuse Prevention Account Published: 09/01/2026 Effective: 10/08/2026 No. 58162 (Amendment) R277-462: Comprehensive School Counseling Program Published: 09/01/2026 Effective: 10/08/2026 No. 58163 (Amendment) R277-465: CPR in Schools Published: 09/01/2026 Effective: 10/08/2026 No. 58164 (Repeal) R277-486: Professional Staff Cost Program Published: 09/01/2026 Effective: 10/08/2026 No. 58165 (Amendment) R277-626: Carson Smith Opportunities Scholarship Program Published: 09/01/2026 Effective: 10/08/2026 No. 58166 (Amendment) R277-717: High School Course Grading Requirements Published: 09/01/2026 Effective: 10/08/2026 No. 58167 (New Rule) R277-802: Educational Enrichment Programs for Deaf, Hard of Hearing, Blind, and Visually Impaired Students Published: 09/01/2026 Effective: 10/08/2026 No. 58168 (Amendment) R277-927: Teacher and Student Success Act (TSSA) Program Published: 09/01/2026 Effective: 10/08/2026 Environmental Quality Air Quality No. 57882 (Amendment) R307-110-13: Section IX, Control Measures for Area and Point Sources, Part D, Ozone Published: 04/15/2026 Effective: 10/02/2026 No. 57882 (Change in Proposed Rule) R307-110-13: Section IX, Control Measures for Area and Point Sources, Part D, Ozone Published: 09/01/2026 Effective: 10/02/2026 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 237 NOTICES OF RULE EFFECTIVE DATES No. 58102 (Repeal) R307-124: General Requirements: Conversion to Alternative Fuel Grant Program Published: 07/15/2026 Effective: 10/07/2026 No. 58103 (Amendment) R307-840: Lead-Based Paint Program Purpose, Applicability, and Definitions Published: 07/15/2026 Effective: 10/07/2026 No. 58104 (Amendment) R307-841: Residential Property and Child-Occupied Facility Renovation Published: 07/15/2026 Effective: 10/07/2026 No. 58105 (Amendment) R307-842: Lead-Based Paint Activities Published: 07/15/2026 Effective: 10/07/2026 Government Operations Human Resource Management No. 58050 (Amendment) R477-7: Leave Published: 07/01/2026 Effective: 09/29/2026 Technology Services No. 58137 (Amendment) R895-4: Subdomain Naming Conventions for Executive Branch Agencies Published: 09/01/2026 Effective: 10/09/2026 Health and Human Services Integrated Healthcare No. 58114 (Amendment) R414-1: Utah Medicaid Program Published: 08/01/2026 Effective: 09/21/2026 No. 58113 (Amendment) R414-505-7: Management Entity Updates Published: 08/01/2026 Effective: 09/21/2026 Insurance Administration No. 58131 (Amendment) R590-238-19: Authorized Forms Published: 08/15/2026 Effective: 09/24/2026 Natural Resources Forestry, Fire and State Lands No. 58124 (Amendment) R652-126: Wildland Urban Interface Property Published: 08/15/2026 Effective: 09/22/2026 No. 58125 (Amendment) R652-140: Utah Forest Practices Act Published: 08/15/2026 Effective: 09/22/2026 Public Service Commission Administration No. 58119 (Amendment) R746-409: Pipeline Safety Published: 08/15/2026 Effective: 09/22/2026 238 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 NOTICES OF RULE EFFECTIVE DATES Transportation Administration No. 58120 (Amendment) R907-80: Disposition of Surplus Land Published: 08/15/2026 Effective: 09/23/2026 No. 58117 (New Rule) R907-81: Affordable Housing Infrastructure Grant Rule Published: 08/15/2026 Effective: 09/23/2026 End of the Notices of Rule Effective Dates Section UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 239
Rulemaking docket
We haven’t pulled this rulemaking’s full docket yet. View docket R930-5 on Regulations.gov →
Documents
- Full text (state register) · October 15, 2026
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