UDOT Rules and Regulations Being Violated
UDOT Noise Policy, UDOT 08A2-01, Effective:
November 6, 1987, Revised: June 15, 2017
UDOT Noise Policy definition of Noise Barrier is “a wall between the highway noise source and the noise sensitive receptor(s) constructed to lower noise.”
Also, UDOT Noise Policy, d.1.a Noise Abatement Measures: The following abatement measures may be considered including a cost/benefit analysis to compare alternatives if a noise impact is identified, a. Noise Wall.” There is no listing of a berm/wall.
Federal regulations, 23 CFR 772.5 Definitions, Noise Barrier. A physical obstruction that is constructed between the highway noise source and the noise sensitive receptor (s) that lowers the noise level , including stand alone noise walls, noise berms (earth or other material), and combination berm/wall systems.
UDOT specifically and with intent, limited noise barrier to be a wall in the State of Utah.
UDOT Noise Policy C.2.b, states, Cost Effectiveness-“The cost of noise abatement measures must be deemed reasonable in order to be included in the project. Noise abatement costs are based on a fixed unit cost of $20 per square foot, multiplied by the height and length of the wall, in addition to the cost of any other item associated with the abatement measure that is critical to safety. The fixed unit cost is based on the historical average cost of noise walls installed on UDOT projects and is reviewed at regular intervals, not to exceed five years.
“The cost effectiveness of abatement is determined by analyzing the cost of the wall that would provide a noise reduction of 5 dBA or more for a benefited receptor. A reasonable cost is considered to be a maximum of $30,000 per benefited receptor (Activity Category B) and $360 per lineal foot for Activity Categories A, C, D, or E. If the anticipated cost of the noise abatement measure is less than the allowable cost, then the abatement is deemed reasonable”.
UDOT Noise Policy C.2.c.1, Balloting b) “Receptors that border or that are directly adjacent, or both, to the end of a proposed noise wall that are not, by definition, benefited by the wall, will be allowed to cast a ballot.”
Utah Administrative Code, R930-3-6, Noise Abatement Conditions
(3) Noise abatement measures must be cost effective.
(a) For residential areas (Category B, Table 1), Cost effectiveness is based on the cost of abatement divided by the number of benefited receptors. Benefited receptors must be considered in determining a noise barrier's cost per receptor regardless of whether or not they were identified as impacted.
(b) For non-residential areas (Category A, C, D or E, Table 1): Cost effectiveness depends on the height of noise wall required and corresponding length of frontage. In any case, a reasonable cost for noise abatement will not exceed the cost effectiveness criteria listed in the Noise Abatement Procedures section of the UDOT Noise Policy.