Section R940-5-2 - Purpose(1) This rule establishes minimum guidelines for the Commission to consider when reviewing a proposed plan to construct a highway facility over sovereign lakebed lands as part of an application to lease sovereign land through the Division of Forestry, Fire and State Lands of the Department of Natural Resources, as provided in Section 65A-7-5.(2) When considering a proposal to construct a highway facility over sovereign lakebed lands, the Commission must safeguard the public interest by thoroughly evaluating the financial viability of the project to ensure:(a) the project can be constructed and completed as proposed;(b) the project can be completed within the proposed time frame;(c) the long-term viability and operability of the project by the proposer; and(d) the facility meets current engineering standards for safety, design, construction, operation, and maintenance.(3) Commission approval of a plan to construct a highway facility over sovereign lakebed lands does not constitute approval of an application to lease state lands by the Division of Forestry, Fire and State Lands as provided under Section 65A-7-5. Issuance of surface leases of state lands is determined separately under a process determined by the Division of Forestry, Fire and State Lands as provided under state law and administrative rule.Utah Admin. Code R940-5-2
Amended by Utah State Bulletin Number 2023-07, effective 3/27/2023