(1) As used in this section, "class D road" means any road, way, or other land surface route that has been or is established by use or constructed to provide for usage by the public for vehicles with four or more wheels that is not a class A, class B, or class C road under this title, or an R.S. 2477 right-of-way, as that term is defined in Section 72-5-301. (2) Each class D road is part of the highway and road system within the state with the same effect as if the class D road had been included within this system upon the class D road being first established or constructed. (3) The state and county have joint undivided interest in the title to all rights-of-way for class D roads, unless the state or county has vacated and abandoned interest in the class D road. (4) (a) Subject to Subsection (4)(b), the county governing body exercises sole jurisdiction and control of class D roads within the county. (b) If a county vacates or abandons a class D road, the department exercises sole jurisdiction and control of the class D road. (5) (a) Each county shall prepare maps showing to the best of the county's ability the class D roads within the county's boundaries which were in existence as of October 21, 1976. (b) Preparation of the maps described in Subsection (5)(a) may be done by the county or through any multi-county planning district in which the county participates. (6) Any class D road which is established or constructed after October 21, 1976, shall be reflected on maps prepared as provided in Subsection (5). (7) The county shall provide a copy of any map under Subsection (5) or (6) upon completion to the department. (8) (a) The department shall scribe each road shown on the department's own county map series. (b) The department is not responsible for the validity of any class D road and is not responsible for the class D road being inventoried. (c) The department shall keep on file an historical map record of the roads as provided by the counties. (9) (a) If a county vacates or abandons the county's class D road interest in a road within the county, the right-of-way remains open for public use unless the department, in consultation with the Public Lands Policy Coordinating Office created in Section 63L-11-201, determines that the road or right-of-way: (i) does not provide a benefit to the state in a manner consistent with the principles of multiple use and sustained yield as described in Section 63L-8-103; or (ii) is not used to access public or private land. (b) Subject to Subsections (9)(c) and (10), before a county may vacate or abandon the county's right-of-way interest in a class D road, the county shall: (i) provide to the department 180 days in advance of taking the action a written notice that includes the following: (A) a legal description and map of the portion of the class D road for which the county intends to abandon the county's interest; (B) a statement affirming that all gates and locks, whether installed or authorized by the county, and all county agreements, have been removed from the portion to be vacated; and (C) documentation that the portion to be vacated is shown as a class D road in the county recorder's office; (ii) hold a public hearing giving the public the opportunity to provide written and oral input; (iii) publish notice of the hearing in compliance with the requirements of a class A notice under Section 63G-30-102, for at least four weeks before the day of the hearing; and (iv) mail notice to the department and all owners of property abutting the class D road, at least four weeks before the day of the hearing. (c) (i) A county may not vacate or abandon the county's interest in a class D road if the road provides: (A) a public benefit to the state in a manner consistent with the principles of multiple use and sustained yield as described in Section 63L-8-103; (B) access to public land; or (C) subject to Subsection (9)(c)(ii), access to private land beyond the location where the vacation or abandonment of the class D road is proposed. (ii) If a class D road provides access to private land as described in Subsection (9)(c)(i)(C), the county may vacate or abandon the county's interest in the road if: (A) the class D road does not provide public benefit or access to public land as described in Subsection (9)(c)(i)(A) or (B); and (B) each owner of private land along the class D road beyond where the vacation or abandonment of the county's interest in the road is proposed to end agree in writing to the abandonment of the road. (iii) If a class D road is vacated or abandoned as described in Subsection (9)(c)(ii), the county shall record with the county recorder a document describing the vacation and abandonment. (d) If a county vacates or abandons the county's interest in a class D road, the county shall record with the applicable county recorder a notice of the vacation or abandonment of the county's interest, including the following: "The county's vacation or abandonment of the road does not constitute a vacation or abandonment by the state of Utah of any interest the state may have." (e) A county may not vacate or abandon the county's right-of-way interest in a class D road without the approval of the department. (f) A person may not place a lock or a gate on a class D road right-of-way that provides access to multiple use lands or private property access. (10) (a) The department may not vacate or abandon a class D road if the road provides: (i) a public benefit to the state in a manner consistent with the principles of multiple use and sustained yield as described in Section 63L-8-103; (ii) access to public land; or (iii) access to private land beyond the location where the vacation or abandonment of the class D road is proposed. (b) If a county legislative body determines that the proposed vacation and abandonment of a class D road meets the requirements under Subsections (9)(b) and (10)(a), the county shall: (i) publish the proposal on an agenda for a public meeting of the county legislative body to hear the proposal; (ii) publish the proposal on a public notice website of the state government for at least 30 days before the public meeting; and (iii) after satisfying the requirement under Subsection (10)(b)(ii), and at least 30 days after the meeting described in Subsection (10)(b)(i), and subject to Subsection (10)(a), the county legislative body may vote to vacate and abandon the county's interest in the class D road. (c) Any vacation and abandonment of a class D road is subject to reasonable access to existing rights-of-way or easements, including those for water infrastructure and public utilities. (11) (a) A county and the department are not required to maintain a class D road. (b) An individual who travels on a class D road does so at the individual's own risk.
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