For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCEPTANCE, ACCEPTANCE OF A RIGHT-OF-WAY FOR THE CONSTRUCTION OF A HIGHWAY OVER PUBLIC LANDS, NOT RESERVED FOR PUBLIC USES, or ACCEPTED. One or more of the following acts prior to October 21, 1976:
(1) By the county or person with the intention of creating a public highway over public lands;
(a) Construction or maintenance of a highway;
(b) Inclusion of the right-of-way in a state, county, or municipal road system, plat, description, or map of county roads;
(c) Expenditure of any public funds on the highway; or
(d) Execution of a memorandum of understanding or other agreement with any other public or private entity or an agency of the federal government that recognizes the right or obligation of the county to construct or maintain the highway or a portion of the highway.
(2) Use by the public for the period required by UCA § 27-12-89 or prior state law; or
(3) Any other act consistent with state or federal law indicating acceptance of a right-of-way.
CONSTRUCTION. Any physical act which creates a new road bed or highway for use by the public according to the available or intended mode of transportation, including foot, horse, vehicle, or other mode, including, but not limited to:
(1) Removing vegetation;
(2) Moving obstructions, including rocks, boulders, and outcroppings;
(3) Filling low spots;
(4) Maintenance over several years;
(5) Creation of an identifiable route by use over time; and
(6) Other similar activities.
HIGHWAY. Includes:
(1) Any road, street, trail, or other access or way that is open to the public to come and go at will, without regard to how or by whom the way was constructed or maintained; and
(2) Appurtenant land and structures, including road drainage ditches, back and front slopes, cut and fill slopes, turnouts, rest areas, and other areas that facilitate use of the highway by the public. HIGHWAY includes pedestrian trails, horse paths, livestock trails, wagon roads, jeep trails, logging roads, homestead roads, mine-to-market roads, alleys, tunnels, bridges, and all other ways and their attendant access for maintenance.
MAINTENANCE. Any physical act of upkeep of a highway or repair of wear or damage whether from natural or other causes, including, but not limited to the following:
(1) Vertical and horizontal alignment alterations to meet applicable safety standards;
(2) Widening an existing road or flattening of shoulders or side slopes to meet applicable safety standards;
(3) Grooming and grading of the previously constructed road surface;
(4) Establishing and maintaining the crown with materials gathered along the road;
(5) Filling ruts;
(6) Spot filling with the same or improved materials;
(7) Leveling or smoothing washboards;
(8) Clearing the roadway of obstructing debris;
(9) Cleaning culverts including head basins and outlets;
(10) Resurfacing with the same or improved materials;
(11) Installing, maintaining, and repairing and replacing rip rap;
(12) Maintaining drainage;
(13) Maintaining and repairing washes and gullies;
(14) Installing, maintaining, repairing, and replacing culverts as necessary to protect the existing surface from erosion;
(15) Repairing washouts;
(16) Installing, maintaining, repairing, and replacing marker posts;
(17) Installing, maintaining, and repairing water crossings;
(18) Installing, maintaining, repairing, and replacing cattle guards;
(19) Installing, maintaining, repairing, and replacing road signs;
(20) Repair, stabilization, and improvement of cut and fill slopes;
(21) Application of seal coats; and
(22) Snow removal.
PUBLIC LANDS NOT RESERVED FOR PUBLIC USES. Any federal lands not shown as reserved for public use on maps published by the Bureau of Land Management prior to October 21, 1976.
R.S. 2477 RIGHT-OF-WAY or RIGHT-OF-WAY. A right-of-way for a highway constructed in this county on public lands not reserved for public uses and accepted by the county prior to October 21, 1976.
SERVIENT. The estate underlying the highway.
(Ord. 2000-2, passed 5-8-2000)