(1) As used in this section: (a) "Commuter rail" means the same as that term is defined in Section 63N-23-101. (b) (i) "Front row receptor" means a noise-sensitive residential receptor that is: (A) immediately adjacent to a transportation facility; or (B) within 800 feet of a transportation facility that is within a commercial or industrialized area. (ii) "Front row receptor" includes a residence that is contiguous to a property immediately adjacent to a transportation facility in a residential area. (c) "Nighttime construction" means highway or public transit facility construction occurring between the hours of 10:00 p.m. and 7:00 a.m. (d) (i) "Permitted activities" means activities occurring between the hours of 7:00 p.m. and 7:00 a.m. that are related to and necessary for nighttime construction, whether occurring at the construction site or at a gravel pit or other site for production of raw materials, and includes: (A) loading and unloading of trucks; (B) asphalt mixing and hauling; and (C) concrete mixing and hauling. (ii) "Permitted activities" does not include: (A) blasting; or (B) crushing. (e) "Private nuisance" means the same as that term is defined in Section 78B-6a-101. (2) The following projects are exempt from any noise ordinance, regulation, or standard of a local jurisdictional authority: (a) a state highway construction project conducted on a road where the normal posted speed limit is 55 miles per hour or greater; or (b) a commuter rail construction project. (3) Except for a project described in Subsection (2), a state highway or a public transit facility construction project is exempt from any noise ordinance, regulation, or standard of a local jurisdictional authority if the department: (a) provides reasonable written notice at least 48 hours in advance of any required nighttime 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: (i) public health; (ii) project completion time; (iii) air quality; (iv) traffic; (v) economics; (vi) safety; and (vii) local jurisdiction concerns; and (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 construction, which may include: (i) equipment maintenance; (ii) noise shielding; (iii) scheduling the most noise intrusive activities during the day; and (iv) other noise mitigation methods. (4) (a) Subject to Subsection (2) or (3), a state highway project or public transit facility construction shall secure required noise permits from the local jurisdictional authority to conduct nighttime 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. (5) A local jurisdictional authority shall issue a nighttime construction permit limited to permitted activities if: (a) the applicant provides evidence that the permitted activities are directly related to and necessary for a nighttime construction project for which the department has obtained a noise permit from a local jurisdictional authority in accordance with Subsection (4); and (b) the local jurisdictional authority determines that any private nuisance that may be caused by the nighttime construction may be reasonably mitigated. (6) A local jurisdictional authority shall issue a nighttime construction noise permit without additional requirements to the department at the request of the department or the department's designated project agent if the requirements of Subsection (2) or (3) are met. (7) (a) A local jurisdictional authority may request adjustments to a nighttime construction permit to mitigate unreasonable noise disturbances caused by nighttime construction or permitted activities. (b) If adjustments are requested as described in Subsection (7)(a), the nighttime 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: (i) for a local jurisdictional authority or local government to appeal the decision of the department to conduct nighttime construction; and (ii) for the local jurisdictional authority to request that the department enforce the terms of a noise permit. (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 construction activities meet requirements of the local permit.
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