State Codes and Statutes
Statutes > Utah > Title-72 > Chapter-04 > 72-4-30372-4-303. Powers and duties of the Utah State Scenic Byway Committee --Requirements for designation -- Segmentation -- Rulemaking authority -- Designation onstate maps -- Outdoor advertising.
(1) The committee shall have the responsibility to:
(a) administer a coordinated scenic byway program within the state that:
(i) preserves and protects the intrinsic qualities described in Subsection (1)(b) unique toscenic byways;
(ii) enhances recreation; and
(iii) promotes economic development through tourism and education;
(b) ensure that a highway nominated for a scenic byway designation possesses at leastone of the following six intrinsic qualities:
(i) scenic quality;
(ii) natural quality;
(iii) historic quality;
(iv) cultural quality;
(v) archaeological quality; or
(vi) recreational quality;
(c) designate highways as state scenic byways from nominated highways within the stateif the committee determines that the highway possesses the criteria for a state scenic byway; and
(d) remove the designation of a highway as a scenic byway if the committee determinesthat the highway no longer meets the criteria under which it was designated.
(2) (a) A highway located within a county, city, or town within this state may not beincluded as part of a designation or nomination as a state scenic byway, National Scenic Byway,or All-American Road unless the nomination or designation is sanctioned in writing by anofficial action of the legislative body of each county, city, or town through which the proposedstate scenic byway, National Scenic Byway, or All-American Road passes.
(b) If a county, city, or town does not give approval as required under Subsection (2)(a),then the portion of the highway located within the boundaries of the county, city, or town maynot be included as part of any state scenic byway designation or nomination as a National ScenicByway or All-American Road.
(3) (a) A state scenic byway, National Scenic Byway, or All-American Road may besegmented by the legislative body of the county, city, or town where the segmentation is to occurif:
(i) a person or another entity, with the consent of any landowners affected by thesegmentation, has requested the segmentation of a portion of a road or highway; and
(ii) the legislative body of the county, city, or town reviews the segmentation proposedunder Subsection (3)(a)(i).
(b) The legislative body of a county, city, or town shall render a decision on asegmentation request under Subsection (3)(a) within 60 days and may grant segmentation to theperson or entity if the property is a non-scenic area.
(c) (i) If the legislative body of a county, city, or town denies the request to segment thestate scenic byway, National Scenic Byway, or All-American Road under Subsection (3)(a) uponthe request of a person or another entity, with the consent of any landowners affected by thesegmentation, that person or entity may appeal the denial of the request to the committee.
(ii) The committee shall hear and answer an appeal of the denial of a segmentation
request within 60 days of a request submitted in accordance with Subsection (3)(c)(i).
(iii) If the committee does not render a decision on an appeal in accordance withSubsection (3)(c)(ii), the segmentation request shall be granted if the property is a non-scenicarea.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedepartment shall make rules in consultation with the committee:
(a) for the administration of a scenic byway program;
(b) establishing the criteria that a highway shall possess to be designated as a scenicbyway, including the criteria described in Subsection (1)(b);
(c) establishing the process for nominating a highway to be designated as a state scenicbyway;
(d) specifying the process for hearings to be conducted in the area of proposeddesignation prior to the highway being designated as a scenic byway;
(e) identifying the highways within the state designated as scenic byways; and
(f) establishing the process and criteria for removing the designation of a highway as ascenic byway.
(5) The department shall designate scenic byway routes on future state highway maps.
(6) A highway within the state designated as a scenic byway is subject to federal outdooradvertising regulations in accordance with 23 U.S.C. Sec. 131.
Amended by Chapter 393, 2009 General Session
