Evans v. Utah Department of Transp.
Evans v. Utah Department of Transp.
Opinion
¶1 Appellants Jamie Evans and Evans Billboards LLC (collectively, Evans) appeal the district court's decision upholding the denial of two outdoor advertising applications by the Utah Department of Transportation (UDOT). We reverse.
BACKGROUND
¶2 In 2008, Evans submitted applications to construct two advertising signs near Exit 257 on Interstate 15 (I-15) in Spanish Fork, Utah. Because the sign locations were within 500 feet of an interchange, violating the Utah Outdoor Advertising Act,
see
¶3 Following UDOT's 2008 denial of Evans's applications, UDOT reconfigured Exit 257 as part of its I-15 Core Project. Exit 257 now gives drivers the option of leaving I-15 southbound to connect to either U.S. Highway 6 (US-6) or Spanish Fork Main Street (SR-156). It has three exit lanes: two of those lanes form a bridge to cross over I-15 and connect to US-6 eastbound, and the other lane continues parallel to I-15 until it connects to SR-156.
¶4 In 2012, following this reconfiguration, Evans once again applied for two sign permits for essentially the same locations. UDOT denied those applications because it determined that the proposed signs were still within 500 feet of the interchange at Exit 257. Evans challenged this decision in the district court. Affirming UDOT's denial of the applications, the district court determined that the signs violated the Utah Outdoor Advertising Act because the Act's purpose "is to protect the 500 foot area around an interchange from advertising signs." Evans appeals.
ISSUE AND STANDARD OF REVIEW
¶5 Evans's primary contention is that the district court misinterpreted the meaning of an "intersecting highway" under the statutory definition of "pavement widening" in the Utah Outdoor Advertising Act. "We review questions of statutory interpretation for correctness, affording no deference to the district court's legal conclusions."
Bank of America v. Adamson
,
*564 ANALYSIS
¶6 The Utah Outdoor Advertising Act (the Act) is "the statutory basis for the regulation of outdoor advertising," balancing concerns of "public safety"
2
and preservation of "the natural scenic beauty of lands bordering on highways," with the goal of ensuring that outdoor advertising remains "a standardized medium of communication throughout the state."
¶7 Under the Act, signs are prohibited within 500 feet of an interchange.
¶8 Both sides in this case agree that the pavement widening occurs at the point of the gore, which is the point of the triangular area, defined by two solid white lines, where Exit 257 diverges from I-15. 3 See Utah Admin. Code R933-2-2(21) (" 'Point of the gore' means the point of the area delineated by two solid white lines that is between a permanently constructed continuing lane of a through-roadway and a permanently constructed lane used to enter or exit the continuing lane, including similar areas between merging or splitting highways."). There is no dispute that Evans's signs are within 500 feet of the point of the gore-393.90 feet and 108.10 feet, respectively.
¶9 But signs are not prohibited within 500 feet of an interchange if the point of the gore is more than 2,640 feet-half a mile-"from the center line of the intersecting highway of the interchange," because by statutory definition there is no pavement widening for the purpose of measuring the 500-foot prohibition.
¶10 On appeal, Evans argues that the Bridge is not an "intersecting highway" and that, because there is no intersecting highway within 2,640 feet of the point of the gore at Exit 257, the signs should be allowed. 5
I. The Parties' Interpretations
¶11 The Act does not define an "intersecting highway," and the parties offer competing interpretations of this term. UDOT contends that the Bridge is an intersecting highway because Title 72 of the Utah Code (the Transportation Code) defines "highway" as "any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use,"
¶12 In contrast, Evans contends that, because an interchange is defined as an area channeling traffic off and onto "another federal, state, county, city, or other route," the Legislature intended "intersecting highway" to mean that "other route."
¶13 When interpreting a statute, "our primary goal is to evince the true intent and purpose of the Legislature."
State v. Davis
,
¶14 UDOT's interpretation fails to give effect to every word of the statute. Because the Bridge is an off-ramp and therefore part of the interchange,
see
Utah Admin. Code R933-2-2(2), UDOT contends that an "intersecting highway" can include the interchange itself. But such an interpretation would render the entire 2,640-foot limit unnecessary because the interchange would always intersect the interstate highway at the exit. The statute clearly states that the distance is to be measured from the pavement widening to "the center line of the intersecting highway
of the
interchange."
¶15 Furthermore, the language of the Act does not support such an expansive interpretation of "highway" for this purpose. Section 505 uses the phrase, "streets, roads, or highways" several times, demonstrating that "highway" is not considered a street or road.
See
¶16 Evans also incorrectly interprets the statute, arguing that by inserting the statutory definitions of "interchange" and "pavement widening" into the 500-foot prohibition statute, the Legislature clearly intended "intersecting highway" to mean "other route." While this view is logical, Evans fails to point to anything in the statute that supports the claim the Legislature intended such a meaning.
II. Definition of "Intersecting Highway"
¶17 Because the Act provides no specialized meaning for "intersecting highway," we turn to the plain and ordinary meaning of these terms.
6
See
State v. Rasabout
,
¶18 "Intersect" is defined as "to meet and cross at a point."
Intersect
, Webster's Third New International Dictionary 1183 (1993).
See also Intersect
, New Oxford American Dictionary 909 (3d ed. 2010) (to "divide (something) by passing or lying across it");
Intersection
, Black's Law Dictionary 896 (9th ed. 2009) ("A place where two roads meet or form a junction."). "Highway" is defined as "a main road," connecting towns or cities.
Highway
, New Oxford American Dictionary 821 (3d ed. 2010).
See also Highway
, Black's Law Dictionary 798 (9th ed. 2009) ("The main public road connecting towns or cities.");
Highway
, Webster's Third New International Dictionary 1069 (1993) ("[A] main direct road (as between one town or city and another.") ). Thus, the plain meaning of an intersecting highway is a main public road that meets or crosses a street, road, or highway. This meaning is consistent with other sections of the Act where "highway" is not a term so expansive as to include every street or road.
See
¶19 Because the Act is "subject to and shall be superseded by conflicting provisions of the Utah-Federal Agreement,"
¶20 The agreement requires Utah to control outdoor advertising in "areas adjacent to the interstate and primary systems" within the State of Utah. Utah Admin. Code R933-5-2.
See also
*567 Utah Admin. Code R933-5-2(III) (emphasis added). Given this provision, and the statutory context of the Act, we conclude that an "intersecting highway" must be a "primary highway."
¶21 In the case before us, the interchange is not "the main-traveled way of the primary highway."
Id
. A main-traveled way "means the through traffic lanes, including auxiliary lanes, acceleration lanes, deceleration lanes, or feeder systems, exclusive of frontage roads and ramps."
¶22 Because an "intersecting highway" must be a "primary highway," and the Act does not define "primary highway," we look to the Utah-Federal Agreement, and the federal statutes out of which it arises, to ascertain its meaning. A "primary highway" is a highway on the federal-aid primary system.
See
¶23 The National Highway System (the NHS) is comprised of "highway routes and connections to transportation facilities that ... serve major population centers ... and other major travel destinations," and also "interstate and interregional travel and commerce."
¶24 Here, the district court included I-15 in its interpretation of "intersecting highway." But an interstate highway cannot be an intersecting highway for two reasons. First, the entire 2,640-foot limit would be superfluous because an interchange channels traffic off from and onto an interstate highway,
see
supra
¶14, and for that reason, the interstate would always intersect the interchange at the exit and no limit would be
*568
necessary. And second, while the interstate system is a part of the NHS, the primary system does not include the interstate system, and the Act and the Utah-Federal Agreement refer to them as two separate systems.
See
¶25 Rather, to be in harmony with the statutory context of the Act, an "intersecting highway" is a primary highway on the federal-aid primary system as of June 1, 1991, or on the NHS. Interpreting this term otherwise would put the Act at odds with legislative intent to adhere to the terms of the Agreement, which states that only streets, roads, and highways that directly intersect the main-traveled way of a primary highway are considered intersecting.
See
¶26 Accordingly, we conclude that an "intersecting highway" under section 505 of the Act is a primary highway that directly intersects the interchange in question.
III. US-6 and SR-156
¶27 Because US-6 is a federal-aid primary highway and SR-156 is part of the NHS system of highways, they are both primary highways. 8 But neither primary highway intersects the interchange within 2,640 feet of the pavement widening at Exit 257.
¶28 UDOT calculated the distances to the intersecting highways by measuring from the point of the gore to the intersections of US-6 and SR-156 with I-15. This calculation is incorrect because a pavement widening is measured from the center line of the primary highway intersecting the interchange-not from where the primary highway intersects the interstate. In any event, neither US-6 nor SR-156 intersect the interchange within 2,640 feet of the point of the gore. US-6 begins at the "Moark Connection Interchange of Route 15 easterly through Spanish Fork Canyon,"
¶29 Because there is no "intersecting highway" within 2,640 feet of the point of the gore at Exit 257 and, consequently, no 500-foot prohibition around the interchange, the district court erred in its conclusion that Evans's signs are prohibited.
CONCLUSION
¶30 We conclude that an "intersecting highway" under the Utah Outdoor Advertising Act is a primary highway that directly intersects the relevant interstate interchange, and that the district court erred in its conclusion that there is an intersecting highway within 2,640 feet of the pavement widening at Exit 257. We therefore reverse its decision to uphold UDOT's denial of Evans's applications and remand with instructions that UDOT grant the applications.
The Utah Outdoor Advertising Act has since been amended and renumbered. For convenience, we cite the most recent version of the Act, which remains unchanged as to the relevant sections.
As we gather from oral argument, the principal safety concern is with drivers becoming distracted by billboards when they should be concentrating on driving. This concern is minimal when drivers are simply cruising down a divided highway, but it may become significant when drivers are exiting or entering a highway or navigating intersections and interchanges. The applicable regulations are rather complex and technically challenging, from which it follows that our analysis is as well, but the regulations' overall purpose is not mystification; primarily, it is safety.
Evans argues that pavement widening occurs at the point of the gore, and that the exit lanes are deceleration lanes. These two assertions seem at odds with our decision in
Young Electric Sign Co. v. Utah Department of Transportation
,
UDOT has repeatedly argued that the 2,640-foot limit is contrary to the Utah-Federal Agreement, and Utah would therefore be in violation of that agreement to allow signs within 500 feet of an interchange.
See
Young
,
Evans also contends that the exit lanes are deceleration lanes, and that the Act "expressly allows billboards near deceleration lanes by excluding deceleration lanes from the definition of 'interchange.' " Because we reverse on the district court's interpretation of "intersecting highway," we have no occasion to decide whether the exit lanes are deceleration lanes.
We recognize that, under the Act, the Legislature has defined "intersection," and that the term shares the same definition as "interchange."
See
Whether a highway constitutes a "primary highway" is determined by UDOT with approval by the Secretary of Transportation.
See generally
Utah Dep't of Transp.,
Outdoor Advertising Control Map
, http://arcg.is/04OLDW. US-6 is a part of the NHS because it is a non-interstate strategic highway that "provide[s] defense access, continuity, and emergency capabilities for the movement of personnel, materials, and equipment in both peacetime and wartime."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.