We believe that a rigorous study is essential to evaluate the current need and to assess and disclose the impacts if large trucks and higher speeds are introduced on Legacy Parkway in Davis County. Such a study is critical to ensure that the needs and interests of the public are considered fully.
We believe that any changes to the parkway, which could take place after Jan. 1, should follow the legal requirements stated in the Record of Decision (ROD) issued Jan. 9, 2006, by the Federal Highway Administration, which is the final word on the legal status of the project. It states:
“Noise-reducing pavement and constructed parkway amenities would be retained beyond 2020, but UDOT could consider the need to raise the posted speed limit and allow large trucks at that time. UDOT’s decision to continue these restrictions beyond 2020 will depend on the pace of development and the rate of growth in travel demand.”
The language in the ROD is clear. Rather than a requirement to allow large trucks (five axles or more) and raise the speed limit, it states that UDOT “could consider the need” to do so. The word “could” implies a choice, not a mandate. It’s just one option.
Thus, under basic principles of administrative law, we believe the agency is required to engage in a reasoned analysis, supported by a study of all relevant impacts, with public notice and an opportunity for public comment. We urge UDOT to complete this study before any action is taken to change the current status of the Parkway.
Jan. 1 is nothing more than the initial date at which time UDOT could consider changes to truck and speed limits. There is no urgent need to make a decision effective that date, particularly absent the information and analysis necessary to make a sound decision.
Between November, 2017, and March, 2019, the city councils in North Salt Lake, Woods Cross, West Bountiful, Centerville and Farmington considered the ramifications to their communities of introducing large trucks on the parkway and each of those councils passed resolutions with unanimous support to continue the truck restriction on Legacy.
We support their efforts to keep the truck ban in place, and we have some additional concerns:
In 2005, the Utah Legislature’s stated purpose for limiting large trucks on the parkway was to protect the unique environmental conditions of the Legacy Nature Preserve west of the road. Have those “unique” conditions changed?
Those conditions have not changed over the 12 years the parkway has been in operation. In recognizing the ecologically unique landscape and amenity in Great Salt Lake, and to mitigate impacts to wetlands and wildlife from the construction of the parkway, the State of Utah and UDOT established in perpetuity, the 2,100 acre Legacy Nature Preserve. Senate Bill 2001 (November 9, 2005) states “The Legislature finds and declares that the limitation of trucks being operated on the Legacy Parkway under Subsection (3) is due to the unique location of the Legacy Parkway, which is adjacent to the Legacy Nature Preserve.”
If the preserve was valued by the Utah Legislature as worth protecting in 2005, why would it not be worth protecting in 2020?
How will UDOT identify and mitigate the increased safety concerns that will come with the proposed changes on Legacy?
Adding big trucks and increasing the speed limit will create significant safety threats to all who use the parkway, and seems to go against UDOT’s own commitment to zero fatalities. Why would UDOT choose to take action that would knowingly make a roadway less safe? Prior to making any changes, a serious evaluation of the impacts on safety needs to be completed. To do less would be irresponsible.
How has UDOT responded to the community’s concerns that the proposed changes will negatively impact their health?
If the truck restriction is lifted is there a plan to mitigate the impacts of exponentially increased air pollution and diesel emissions in the area? And of noise pollution from large trucks? How will trail users be protected from the potential danger of heavy, fast-moving trucks with only wire fencing and wooden posts separating them from the road just 12 feet to 50 feet away? How does UDOT plan to communicate and respond to these health concerns?
Given that such a significant taxpayer asset is at stake and in accordance with legal responsibilities outlined in the ROD, we believe UDOT must undertake a study to evaluate the current need to make these proposed changes before any action is taken to change the current status of Legacy Parkway. People deserve the consideration of further discussion and clear, researched and actionable answers to address these concerns.
Submitted by Angie Keeton, founder of Save Legacy Parkway; Roger Borgenicht, co-chair of Utahns for Better Transportation; Ann Floor, co-chair of Utahns for Better Transportation; Lynn de Freitas, executive director, Friends of Great Salt Lake; and Heather Dove, president of Great Salt Lake Audubon.
