§ 72-3-105 — Class D roads -- Maps to be prepared by county -- Indication of roads.

(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 and has been maintained 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 force and effect as if the class D road had been included within this system upon its 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.
(4) (4)(a) Subject to Subsection (4)(b), the county governing body exercises sole jurisdiction and control of class D roads within the county.
(4)(b) If a county vacates or abandons a class D road, the department exercises sole jurisdiction and control of the class D road.
(5) (5)(a) Each county shall prepare maps showing to the best of its ability the class D roads within its boundaries which were in existence as of October 21, 1976.
(5)(b) Preparation of these maps may be done by the county itself 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) (8)(a) The department shall scribe each road shown on its own county map series.
(8)(b) The department is not responsible for the validity of any class D road and is not responsible for its being inventoried.
(8)(c) The department shall also keep on file an historical map record of the roads as provided by the counties.
(9) (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:
(9)(a)(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
(9)(a)(ii) is not used to access public or private land.
(9)(b) Before a county may vacate or abandon the county's right-of-way interest in a class D road, the county shall provide to the department 180 days in advance of taking the action a written notice that includes the following:
(9)(b)(i) a legal description and map of the portion of the class D road for which the county intends to abandon the county's interest;
(9)(b)(ii) a statement affirming that all gates and locks, whether or not installed or authorized by the county, and all county agreements, have been removed from the portion to be vacated; and
(9)(b)(iii) documentation that the portion to be vacated is shown as a class D road in the county recorder's office.
(9)(c) 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.
(9)(d) A person may not place a lock or a gate on a class D road right-of-way over which the department exercises sole jurisdiction.
(10) (10)(a) A county and the department are not required to maintain a class D road.
(10)(b) An individual who travels on a class D road does so at the individual's own risk.

Legislative History

Amended by Chapter 131, 2025 General Session