Utah Code Title 72. Transportation Code § 72-6-112.5. Definitions--Nighttime highway construction noise--Exemptions--Permits

(b) “Nighttime highway construction” means highway construction occurring between the hours of 10:00 p.m. and 7:00 a.m.

(c) “Nuisance” means the same as that term is defined in Section 78B-6-1101.

(a) provides reasonable written notice at least 48 hours in advance of any required nighttime highway construction to each residential dwelling located within front row receptors of the activity;

(b) determines a net community, including traveler community, benefit exists to conduct nighttime highway construction after considering the following:

(c) institutes best management noise reduction practices, as determined by the department, for front row receptors, in consultation with local government or the local jurisdictional authority for all nighttime highway construction, which may include:

(4)(a) Subject to Subsection (2) or (3), a state highway project shall secure required noise permits from the local jurisdictional authority to conduct nighttime highway construction.

(b) To the extent practical, the department shall coordinate with the local jurisdictional authority during the pre-construction phase of a project to address noise exemption conditions.

(a) the applicant provides evidence that the permitted activities are directly related to and necessary for a nighttime highway construction project for which the department has obtained a noise permit from a local jurisdictional authority pursuant to Subsection (4);  and

(b) the local jurisdictional authority determines that any nuisance that may be caused by the nighttime highway construction may be reasonably mitigated.

(7)(a) A local jurisdictional authority may request adjustments to a nighttime highway construction permit to mitigate unreasonable noise disturbances caused by nighttime highway construction or permitted activities.

(b) If adjustments are requested as described in Subsection (7)(a), the nighttime highway construction permit holder shall use best management noise reduction practices to mitigate unreasonable noise disturbances.

(8)(a) For the exemption provided in Subsection (3) and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules establishing procedures:

(b) After review and upon receiving a written notice from a local jurisdictional authority that the conditions for the noise exemption permit are not met, the department shall take corrective action to ensure nighttime highway construction activities meet requirements of the local permit.