The state on Tuesday received one of two federal permits needed to begin construction on the Legacy Parkway — a milestone that some say has been years in coming.

The permit, called a "record of decision," basically means that the Federal Highway Administration approves of the project, said Tom Hudachko, spokesman for the Utah Department of Transportation. All that's needed now for the road to be built is a wetlands permit and a trip to court to get an injunction on the road lifted.

UDOT says it is confident the court will lift the injunction and construction could begin in mid-March.

"This is definitely a big deal for the project," said Hudachko. "It's been a project that's experienced a lot of ups and downs. I think it's refreshing to be at a point where we are looking at construction as opposed to another lawsuit."

Construction on Legacy began in 2001, but was stopped after a successful lawsuit that challenged an impact study of the road. The court placed an injunction on construction until UDOT finished a secondary study of environmental impact of the road.

Over the past three years, UDOT has been working on that study, but always with the worry that the study could again be challenged in court. In November, the state signed a settlement with plaintiffs that forbids future lawsuits and places provisions on how the road could be designed.

State officials described the settlement as a landmark agreement that will allow for the road to be built by 2008. The record of decision is a major step in moving the road toward construction, according to Rep. Stuart Adams, R-Layton.

"We could be in litigation and still trying to move through the public hearing process," he said. "For the Federal Highway Administration to issue the record of decision . . . it almost seems unbelievable."

Davis County Commissioner Dannie McConkie said he was pleased with the progress on Legacy.

"It's like expecting a new baby," said McConkie. "Let's just get this new baby born."

Since November, UDOT has been working on new design plans for Legacy. Groups that filed the original suit against the road have said they are watching the work and are optimistic about how the road is being planned.

November's settlement agreement required that UDOT make several changes to design, including the addition of slight curves to road alignment and the use of a soft pavement material.

"I think it's going to be a model for roadways along waterfront areas and in sensitive lands," said Roger Borgenicht, a member of Utahns for Better Transportation. "One of the next steps now is to sign off on lifting the injunction."

---

E-mail: nwarburton@desnews.com