H.B. 18 Enrolled

UTAH STATE SCENIC BYWAY COMMITTEE
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: John Dougall

LONG TITLE
General Description:
This bill modifies the Transportation Code to enact state scenic byway designation
provisions.
Highlighted Provisions:
This bill:
. creates the Utah State Scenic Byway Committee;
. provides that the committee is responsible for state scenic byway designations and
for administering a state scenic byway program;
. grants the Utah Department of Transportation rulemaking authority in consultation
with the committee to establish rules:
. for administering the scenic byway program;
. specifying the criteria and process for byway designation and de-designation;
. specifying the process for public hearings to be held in the area of proposed
designation; and
. identifying the highways within the state that are designated as scenic byways;
. requires the Utah Department of Transportation to designate state scenic byways on
future state highway maps; and
. provides that a highway designated as a scenic byway is subject to federal outdoor
advertising regulations.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None

Utah Code Sections Affected:
ENACTS:
72-4-301, Utah Code Annotated 1953
72-4-302, Utah Code Annotated 1953
72-4-303, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 72-4-301 is enacted to read:
Part 3. Utah State Scenic Byway Program
72-4-301. Definitions.
As used in this part, "committee" means the Utah State Scenic Byway Committee created
in Section 72-4-302 .
Section 2. Section 72-4-302 is enacted to read:
72-4-302. Utah State Scenic Byway Committee -- Creation -- Membership --
Meetings -- Expenses.
(1) There is created the Utah State Scenic Byway Committee.
(2) The committee shall consist of the following members:
(a) a representative from each of the following agencies appointed by each respective
agency:
(i) the Division of Travel Development;
(ii) the Utah Department of Transportation;
(iii) the Utah Association of Governments;
(iv) the Division of State Parks and Recreation;
(v) the Federal Highway Administration;
(vi) the National Park Service;
(vii) the National Forest Service;
(viii) the Bureau of Land Management; and
(ix) the Utah Travel Regions Association;

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(b) two local government tourism representatives selected by the state agencies identified
in Subsection (2)(a); and
(c) a representative from the private sector selected by the state agencies identified in
Subsection (2)(a).
(3) (a) The representative from the Division of Travel Development shall chair the
committee.
(b) The members appointed under Subsections (2)(a)(v), (vi), (vii), and (viii) serve as
nonvoting, ex officio members of the committee.
(4) The Division of Travel Development and the department shall provide staff support to
the committee.
(5) (a) The chair may call a meeting of the committee only with the concurrence of the
department.
(b) A majority of the voting members of the committee constitute a quorum.
(c) Action by a majority vote of a quorum of the committee constitutes action by the
committee.
(6) (a) (i) Members who are not state government employees shall receive no
compensation or benefits for their services, but may receive per diem and expenses incurred in the
performance of the member's official duties at the rates established by the Division of Finance
under Sections 63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties at the rates established by the Division of Finance under
Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the

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performance of their official duties at the rates established by the Division of Finance under
Sections 63A-3-106 and 63A-3-107 .
(ii) Local government members may decline to receive per diem and expenses for their
service.
Section 3. Section 72-4-303 is enacted to read:
72-4-303. Powers and duties of the Utah State Scenic Byway Committee --
Rulemaking authority -- Designation on state 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 to
scenic 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 least one
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 state
if 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 determines
that the highway no longer meets the criteria under which it was designated.
(2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall make rules in consultation with the committee:
(a) for the administration of a scenic byway program;

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(b) establishing the criteria that a highway shall possess to be designated as a scenic
byway, including the criteria described in Subsection (1)(b);
(c) establishing the process for nominating a highway to be designated as a state scenic
byway;
(d) specifying the process for hearings to be conducted in the area of proposed
designation 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 a
scenic byway.
(3) The department shall designate scenic byway routes on future state highway maps.
(4) A highway within the state designated as a scenic byway is subject to federal outdoor
advertising regulations in accordance with 23 U.S.C. Sec. 131.

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