1. (1)(a) The department may consider:

   1. (i) designating tollways, including the designation of existing HOV lanes as HOT lanes;

      1. (ii) widening existing highways to add one or more toll lanes; and
      2. (iii) converting an existing highway to a tollway.

   2. (b) In deciding whether to designate a tollway, the department may evaluate whether:

      1. (i) the tollway would make the specific highway or the highway system more efficient;
      2. (ii) the designation or addition would increase available funds, reduce operational costs, or expedite project delivery; and
      3. (iii) the project is consistent with the overall policies, strategies, and actions of the department, including those strategies that are developed through the regular transportation planning process.
2. (2) Commission approval is required for designation of HOT lanes on existing state highways and establishment of tollways on new state highways or additional capacity lanes.
3. (3) If the department wishes to designate a tollway, it shall submit its recommendations to the commission and request approval.
4. (4) The commission will evaluate the recommendations and make a final decision.
5. (5) The commission will issue its decision in a public meeting.
6. (6) Tollways shall comply with all design and construction standards and specifications normally applicable to department projects, except as may be otherwise agreed to by the department in writing.
7. (7) Tolls are determined in accordance with Rule R940-1 and Section 72-6-118.

KEY: transportation, tolls, highways, tollways

Date of Last Change: June 12, 2026

Notice of Continuation: March 21, 2026

Authorizing, and Implemented or Interpreted Law: 72-2-120; 72-6-118