(1) A highway authority may enter into a non-exclusive lease agreement for the use of the navigable airspace above a highway for private purposes:
- (a) for such period as the highway authority determines the navigable airspace will not be needed for public purposes; and
- (b) upon other terms and conditions the highway authority finds to be in the public interest.
- (2) Before entering into a lease agreement for the use of navigable airspace, a highway authority shall ensure that the agreement described in Subsection (1) is consistent with Federal Aviation Administration requirements.
- (3) The highway authority shall determine whether the agreement described in Subsection (1) will unreasonably interfere with the public use and utility of the highway and is in the public interest.
- (4) An agreement described in Subsection (1) does not affect the dedication of the highway under Section 72-5-104.
Enacted by Chapter 483, 2024 General Session