Title 28 — Transportation

A. On filing the petition prescribed in section 28-6701, the board of supervisors shall: 1. Direct the county engineer to make a survey of the proposed highway and to file with the board a report of the proposed highway and a map as surveyed that shows the legal subdivision of th…

A. At the hearing provided for in section 28-6702, the board of supervisors: 1. Shall consider the feasibility, advantages and necessity of the highway sought to be established. 2. If the board determines the proposed highway is a public necessity, may approve the establishment o…

A. The county attorney of the county in which a highway is to be established shall file in superior court in the county in which the land is located a condemnation action pursuant to section 12-1116 in the name of the county if all of the following conditions exist: 1. The board …

A. The board of supervisors may spend public monies for maintenance of public roads and streets other than legally designated state and county highways located without the limits of an incorporated city or town. Before spending public monies under this section, the roads or stree…

A. The board of supervisors or the governing body of a city or town may designate a public road within its jurisdiction as a primitive road as prescribed in this section. B. Neither a county, city or town nor its employees are liable for damages or injuries resulting from the use…

A. The part of a highway located in an incorporated city or town may be constructed, improved or maintained through cooperation under this article in the same manner as if it were located outside an incorporated city or town. B. As part of the cooperation, the board of supervisor…

The streets of an unincorporated town are considered public highways and are under the control of the board of supervisors of the county in which the town is located. The board may designate which streets in the unincorporated towns are considered public highways and may give app…

The board of supervisors may vacate and abandon streets, alleys and avenues located outside the boundaries of incorporated cities and towns shown on recorded plats as dedicated to the public or to which the public or county may have received title by deed, in the same manner and …

A. If deemed necessary, the board of supervisors may install and construct cattle guards on county roads or may authorize private persons who own or who are in possession of real estate located adjacent to county roads to install and construct cattle guards on county roads. B. Th…

A. A railroad or street railway shall not be constructed along or on any portion of a highway improved under this article, except a crossing authorized by the board of supervisors. The board of supervisors shall not grant a franchise for the construction of a railroad or street r…

A. For road purposes the board of supervisors may levy a real and personal property tax of not more than twenty-five cents per one hundred dollars of property in the county as valued for tax purposes. The board of supervisors shall levy and collect the tax at the same time and in…

A. Except as provided in subsection G of this section, in a county with a population of two hundred fifty thousand persons or more as determined by the most recent United States decennial census or the most recent special census as provided in section 28-6532, bids for all items …

The bonds of a county that are authorized and issued for construction or improvement of public highways may be issued by complying with this article. The board of supervisors may, and on the petition of fifteen per cent of the qualified electors of the county, the board of superv…

A. If the contemplated bond issue is two million dollars or more, the board of supervisors shall appoint a county highway commission consisting of three members. If the contemplated bond issue is less than two million dollars, the board of supervisors shall be ex officio county h…

A. The county highway commission shall: 1. Investigate situations with respect to highways that in the board's judgment the greatest public necessity and convenience require highways to be constructed or improved. 2. Prepare a map of the highways that shows the location of, condi…

A. At least once every six months, the commission shall make and file with the board a detailed statement showing: 1. The amount of monies in the highway improvement fund at the time of its last statement. 2. The amount of monies received since its last statement and the purpose …

The county treasurer shall pay from the general fund of the county the traveling and other incidental expenses of county highway commission members that are actually and necessarily incurred and all other expenses incurred either by the board of supervisors or by the county highw…

A. In conducting the election called under section 28-6743, the board of supervisors may form road bond election precincts by consolidating not more than six general election precincts into one road bond election precinct. The board of supervisors shall appoint one inspector, two…

A. The board of supervisors shall: 1. Sell bonds issued under this article in the same manner as other county bonds. 2. Deposit the proceeds in the highway improvement fund to be paid out by the county treasurer only on order of the county highway commission and to be used only f…

A. The county highway commission shall supervise and direct the work for which the bonds are issued under this article. B. As soon as the proceeds of the bond sale are deposited in the treasury, the county highway commission shall: 1. Prepare plans, specifications and profiles fo…

A. The county highway commission may enter into cooperative contracts and agreements for construction of roads with the United States or any of its departments or agencies pursuant to an act of Congress. B. The provisions of law relating to methods of spending monies derived from…

The board of supervisors may construct and maintain bridges across streams whether wholly or partly within or outside the corporate limits of an incorporated city or town.

A. On filing a petition signed by a majority of the taxpayers of the county, the board of supervisors may contract for the county with a railroad company for the construction and maintenance of bridges across streams to be used jointly by the railroad company and the public. The …

For the purposes of this article, "toll road" includes trails for the passage of saddle and pack animals and foot passengers, as well as roads designed for the passage of vehicles, if the trails have been built in mountainous or precipitous places or in other places where the bui…

A. A person who desires to construct a toll road, bridge or ferry within one or more counties shall publish a notice in a newspaper that is published in each county, once each week for six successive weeks. The notice shall state: 1. The type and character of the road. 2. The ter…

A. If it appears to the board of supervisors that the public interest will be promoted by the application provided in section 28-6802, it may grant the application in whole or in part or as revised. B. The board of supervisors shall not grant an application if any of the followin…

A toll road shall not interfere with a highway in general use by the traveling public. If a toll road is established or if the prior right to maintain it has been acquired, another toll road shall not be constructed or maintained within one mile of either side of the road.

A. Lands necessary for the construction of a toll road or appurtenances to a toll road may be acquired by condemnation. B. A toll road shall be laid out at least fifty feet wide. If the road is a plank road, the track shall be constructed eighteen feet wide of timber, plank or ot…

A. Construction of the toll road shall begin within thirty days after the date of the order approving the application and shall continue with all reasonable dispatch until completed. B. When the road is completed, the owner of the franchise shall file with the county recorder a c…

A. When the certificate of completion is filed, tollgates may be erected and tolls may be collected. B. The board of supervisors shall fix and regulate the rates of tolls for franchises granted under this article within the limits of its county, giving due regard to the cost of c…

The owner shall: 1. Keep an accurate account of the gross receipts and expenditures of the road. 2. Make a quarterly report of the gross receipts and expenditures under oath to the department of administration accompanied by two per cent of the gross proceeds from the road that a…

In this chapter, unless the context otherwise requires: 1. "Budget" means the annual highway program prepared by the department. 2. "Division" means the highway division of the department of transportation. 3. "State engineer" means the assistant director for the division.

A. The director shall appoint a state engineer to administer the division. B. The state engineer shall be both: 1. A civil engineer registered to practice in this state. 2. Familiar with the theory of and experienced in the practice of highway construction, maintenance, design or…

A. The director of the department of transportation or the director's authorized and bonded agent shall administer all highway and maintenance work and has the following powers and duties: 1. Direct the preparation of all plans and specifications for work on state highways or sta…

A. All items of construction or reconstruction of department facilities involving an expenditure of $189,000 or more shall be called for by advertising in a newspaper of general circulation published in this state for either: 1. Two consecutive publications if it is a weekly news…

A. The following apply to the department's highway construction projects awarded pursuant to section 28-6923, 28-7365 or 28-7366: 1. Progress payments may be made by the department to the contractor on the basis of a duly certified and approved estimate of the work performed duri…

A. The sum of thirty thousand dollars is appropriated from the state highway fund to the department for deposit in a special fund designated as the contract counsel fund. The department of transportation shall spend monies in the fund to reimburse the attorney general for departm…

A provision, covenant, clause or understanding in, collateral to or affecting a construction contract that makes the contract subject to the laws of another state or that requires any litigation, arbitration or other dispute resolution proceeding arising from the contract to be c…

A. The director shall develop a five year transportation facilities construction program according to the policies established by the board. B. To aid in the development of the five year transportation facilities construction program, the director shall appoint a departmental com…

A. On or before April 1 of each year, the board shall review the updated five year transportation facilities construction program prepared by the director. B. On or before May 1 of each year, the board shall publish a notice in a newspaper of general circulation in each county in…

A. Except as provided in subsection C of this section, on or before June 30 of each year, the board shall: 1. Adopt an updated five year transportation facilities construction program for the following five fiscal years. 2. File a written report with the director and the governor…

A. The five year transportation facilities construction program shall: 1. Set forth estimated expenditures by project for engineering, rights-of-way and construction. 2. Include detailed information by project as to location, description and the reasons for the project's assigned…

A. The board may change a proposed or an adopted five year transportation facilities construction program. B. If the board desires to change the priority of a project or to introduce a new project into a proposed or an adopted five year program that would result in changed priori…

The state highway fund is established that consists of: 1. Monies distributed from the Arizona highway user revenue fund pursuant to chapter 18 of this title. 2. Monies appropriated by the legislature. 3. Monies received from donations for the construction, improvement or mainten…

A. The director of the department of administration is the comptroller of all expenditures from the state highway fund. B. The duties of the director of the department of administration under this section are supervisory. The director of the department of administration shall not…

A. Except as provided in subsection B of this section and section 28-6538, the state highway fund shall be used for any of the following purposes in strict conformity with and subject to the budget as provided by this section and by sections 28-6997 through 28-7003: 1. To pay sal…

A. The highway damage recovery account is established as a separate account in the state highway fund established by section 28-6991. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies received for damage caused to state highways, portions of highway…

A. In spending monies from the state highway fund, the department shall give preference to the requirements of the budget in the following order: 1. Constructing highways in cooperation with the United States. 2. Taking over and constructing other state highways. B. Reconstructio…

On notice from the director the state treasurer shall invest and divest monies in the state highway fund in obligations issued or guaranteed by the United States or any of the senior debt of its agencies, sponsored agencies, corporations, sponsored corporations or instrumentaliti…

A. The fiscal year of the department begins on July 1 of each year and ends the following June 30. B. The department shall operate strictly under a budget provided and authorized by the legislature.