24-1-118. Construction and maintenance to be performed at expense of state; geologic formations. (NOTE: This section is effective 11/1/2019.)

(a) Excepting as such work may be performed through mutual agreement with other entities, either public or private, the construction and maintenance of all state highways, including all bridges, and culverts thereon, shall be performed at the expense of the state and by and under the supervision of the commission and the director of the department of transportation or his authorized representative.

(b) When a new permanent highway cut is made that exposes a bedrock geological formation:

(i) It shall be the policy of the state to leave the bedrock geological formation exposed and not to cover it with soil and planted vegetation except when:

(A) There are safety requirements that require another treatment;

(B) The exposure occurs on private, tribal or federal land that will be private, tribal or federal land once the construction is completed and the landowner desires a different reclamation; or

(C) There are cost of construction or operational reasons to remove or cover the exposed formation.

(ii) After completion of highway construction, for any exposed bedrock geological formation site within the highway right-of-way, with exceptions for site specific safety needs, an individual wishing to understand the local geology for economic, educational or private curiosity reasons may examine the cut and the exposed formation and may remove any geologic samples as may be gathered by hand or collected using geological hammers or other hand held tools;

(iii) The department of transportation shall work with the state geologist to address and resolve any grievances raised under this subsection;

(iv) For exposed bedrock geologic formations of interest to the public, the department of transportation may install appropriate signage, in compliance with applicable federal and state law, to identify the geological formation and may consult with the state geologist on the appropriateness of the signage.