H.B. 272 Enrolled

1

UTAH SCENIC BYWAY DESIGNATION
2 AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Christopher N. Herrod
6 Senate Sponsor: John L. Valentine
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Designation of State Highways Act by amending scenic byway
11 designation provisions.
12 Highlighted Provisions:
13 This bill:
14 . provides definitions;
15 . changes the membership of the Utah State Scenic Byway Committee;
16 . provides that the governor shall appoint certain members to the Utah State Scenic
17 Byway Committee;
18 . provides that the term of office for Utah State Scenic Byway Committee members
19 is four years, except that the governor shall stagger certain terms;
20 . provides that the Legislature shall approve highway and state scenic byway
21 nominations for National Scenic Byway or All-American Road designation;
22 . provides that a highway located within a county, city, or town within this state may
23 not be included as part of a designation or nomination as a state scenic byway,
24 National Scenic Byway, or All-American Road unless the nomination or
25 designation is sanctioned in writing by an official action of the legislative body of
26 each county, city, or town in which the highway passes;
27 . provides that if a county does not give approval, then the portion of the highway
28 located within the boundaries of the county, city, or town may not be included as
29 part of any state scenic byway designation or nomination as a National Scenic

30 Byway or All-American Road;
31 . establishes a procedure for segmenting a scenic byway;
32 . exempts Legacy Parkway from:
33 . the legislative approval requirement for nomination as a National Scenic Byway
34 or All-American Road; and
35 . segmentation;
36 . exempts a highway nominated for National Scenic Byway or All-American Road
37 designation prior to January 1, 2009 from the legislative approval requirement; and
38 . makes technical changes.
39 Monies Appropriated in this Bill:
40 None
41 Other Special Clauses:
42 None
43 Utah Code Sections Affected:
44 AMENDS:
45 72-4-301, as enacted by Laws of Utah 2004, Chapter 172
46 72-4-302, as last amended by Laws of Utah 2005, Chapter 148
47 72-4-303, as last amended by Laws of Utah 2008, Chapter 382
48 ENACTS:
49 72-4-301.5, Utah Code Annotated 1953
50 72-4-304, Utah Code Annotated 1953
51
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 72-4-301 is amended to read:
54 72-4-301. Definitions.
55 As used in this part[, "committee"]:
56 (1) "Committee" means the Utah State Scenic Byway Committee created in Section
57 72-4-302 .

58 (2) "Non-scenic area" means:
59 (a) any property that is unzoned or zoned for commercial or industrial use adjoining a
60 highway that does not contain at least one of the intrinsic qualities described in Subsection
61 72-4-303 (1)(b) immediately upon the property; or
62 (b) any property that is unzoned or zoned for commercial or industrial use that
63 contains an intrinsic quality described in Subsection 72-4-303 (1)(b) immediately upon the
64 property but the intrinsic quality does not represent the primary use of the property.
65 (3) "Segmentation" means:
66 (a) removing the scenic byway designation from a portion of an existing scenic byway
67 that adjoins a non-scenic area; or
68 (b) excluding a portion of a highway from a scenic byway designation where the
69 highway adjoins a non-scenic area.
70 Section 2. Section 72-4-301.5 is enacted to read:
71 72-4-301.5. Designation of highways as a National Scenic Byway or All-American
72 Road.
73 Except as provided in Section 72-4-304 , a highway or state scenic byway may not be
74 nominated for designation as a National Scenic Byway or All-American Road unless the
75 nomination is approved by the Legislature.
76 Section 3. Section 72-4-302 is amended to read:
77 72-4-302. Utah State Scenic Byway Committee -- Creation -- Membership --
78 Meetings -- Expenses.
79 (1) There is created the Utah State Scenic Byway Committee.
80 (2) (a) The committee shall consist of the following 15 members:
81 [(a)] (i) a representative from each of the following entities appointed by [each
82 respective entity] the governor:
83 [(i)] (A) the Governor's Office of Economic Development;
84 [(ii)] (B) the Utah Department of Transportation;
85 [(iii) the Utah Association of Governments;]

86 (C) the Department of Community and Culture;
87 [(iv)] (D) the Division of State Parks and Recreation;
88 [(v)] (E) the Federal Highway Administration;
89 [(vi)] (F) the National Park Service;
90 [(vii)] (G) the National Forest Service; and
91 [(viii)] (H) the Bureau of Land Management; [and]
92 [(ix) the Utah Travel Regions Association;]
93 [(b) two local government tourism representatives selected by the state entities
94 identified in Subsection (2)(a) ; and]
95 (ii) one local government tourism representative appointed by the governor;
96 [(c)] (iii) a representative from the [private sector selected by the state entities
97 identified in Subsection (2)(a).] private business sector appointed by the governor;
98 (iv) three local elected officials from a county, city, or town within the state appointed
99 by the governor;
100 (v) a member from the House of Representatives appointed by the speaker of the
101 House of Representatives; and
102 (vi) a member from the Senate appointed by the president of the Senate.
103 (b) Except as provided in Subsection (2)(c), the members appointed in this Subsection
104 (2) shall be appointed for a four-year term of office.
105 (c) The governor shall, at the time of appointment or reappointment for appointments
106 made under Subsection (2)(a)(i), (ii), (iii), or (iv) adjust the length of terms to ensure that the
107 terms of committee members are staggered so that approximately half of the committee is
108 appointed every two years.
109 (d) (i) The appointments made under Subsection (2)(a)(v) and (2)(a)(vi) by the speaker
110 of the House and the president of the Senate may not be from the same political party.
111 (ii) The speaker of the House and the president of the Senate shall alternate the
112 appointments made under Subsections (2)(a)(v) and (2)(a)(vi) as follows:
113 (A) if the speaker appoints a member under Subsection (2)(a)(v), the next appointment

114 made by the speaker following the expiration of the existing member's four-year term of office
115 shall be from a different political party; and
116 (B) if the president appoints a member under Subsection (2)(a)(vi), the next
117 appointment made by the president following the expiration of the existing member's four-year
118 term of office shall be from a different political party.
119 (3) (a) The representative from the Governor's Office of Economic Development shall
120 chair the committee.
121 (b) The members appointed under Subsections (2)(a)[(v), (vi), (vii), and (viii)](i)(E)
122 through (H) serve as nonvoting, ex officio members of the committee.
123 (4) The Governor's Office of Economic Development and the department shall provide
124 staff support to the committee.
125 (5) (a) The chair may call a meeting of the committee only with the concurrence of the
126 department.
127 (b) A majority of the voting members of the committee constitute a quorum.
128 (c) Action by a majority vote of a quorum of the committee constitutes action by the
129 committee.
130 (6) (a) (i) Members who are not state government employees shall receive no
131 compensation or benefits for their services, but may receive per diem and expenses incurred in
132 the performance of the member's official duties at the rates established by the Division of
133 Finance under Sections 63A-3-106 and 63A-3-107 .
134 (ii) Members may decline to receive per diem and expenses for their service.
135 (b) (i) State government officer and employee members who do not receive salary, per
136 diem, or expenses from their agency for their service may receive per diem and expenses
137 incurred in the performance of their official duties at the rates established by the Division of
138 Finance under Sections 63A-3-106 and 63A-3-107 .
139 (ii) State government officer and employee members may decline to receive per diem
140 and expenses for their service.
141 (c) (i) Local government members who do not receive salary, per diem, or expenses

142 from the entity that they represent for their service may receive per diem and expenses
143 incurred in the performance of their official duties at the rates established by the Division of
144 Finance under Sections 63A-3-106 and 63A-3-107 .
145 (ii) Local government members may decline to receive per diem and expenses for their
146 service.
147 (d) Legislators on the committee receive compensation and expenses as provided by
148 law and legislative rule.
149 Section 4. Section 72-4-303 is amended to read:
150 72-4-303. Powers and duties of the Utah State Scenic Byway Committee --
151 Requirements for designation -- Segmentation -- Rulemaking authority -- Designation on
152 state maps -- Outdoor advertising.
153 (1) The committee shall have the responsibility to:
154 (a) administer a coordinated scenic byway program within the state that:
155 (i) preserves and protects the intrinsic qualities described in Subsection (1)(b) unique
156 to scenic byways;
157 (ii) enhances recreation; and
158 (iii) promotes economic development through tourism and education;
159 (b) ensure that a highway nominated for a scenic byway designation possesses at least
160 one of the following six intrinsic qualities:
161 (i) scenic quality;
162 (ii) natural quality;
163 (iii) historic quality;
164 (iv) cultural quality;
165 (v) archaeological quality; or
166 (vi) recreational quality;
167 (c) designate highways as state scenic byways from nominated highways within the
168 state if the committee determines that the highway possesses the criteria for a state scenic
169 byway; and

170 (d) remove the designation of a highway as a scenic byway if the committee
171 determines that the highway no longer meets the criteria under which it was designated.
172 (2) (a) A highway located within a county, city, or town within this state may not be
173 included as part of a designation or nomination as a state scenic byway, National Scenic
174 Byway, or All-American Road unless the nomination or designation is sanctioned in writing
175 by an official action of the legislative body of each county, city, or town through which the
176 proposed state scenic byway, National Scenic Byway, or All-American Road passes.
177 (b) If a county, city, or town does not give approval as required under Subsection
178 (2)(a), then the portion of the highway located within the boundaries of the county, city, or
179 town may not be included as part of any state scenic byway designation or nomination as a
180 National Scenic Byway or All-American Road.
181 (3) (a) A state scenic byway, National Scenic Byway, or All-American Road may be
182 segmented by the legislative body of the county, city, or town where the segmentation is to
183 occur if:
184 (i) a person or another entity, with the consent of any landowners affected by the
185 segmentation, has requested the segmentation of a portion of a road or highway; and
186 (ii) the legislative body of the county, city, or town reviews the segmentation proposed
187 under Subsection (3)(a)(i).
188 (b) The legislative body of a county, city, or town shall render a decision on a
189 segmentation request under Subsection (3)(a) within 60 days and may grant segmentation to
190 the person or entity if the property is a non-scenic area.
191 (c) (i) If the legislative body of a county, city, or town denies the request to segment
192 the state scenic byway, National Scenic Byway, or All-American Road under Subsection (3)(a)
193 upon the request of a person or another entity, with the consent of any landowners affected by
194 the segmentation, that person or entity may appeal the denial of the request to the committee.
195 (ii) The committee shall hear and answer an appeal of the denial of a segmentation
196 request within 60 days of a request submitted in accordance with Subsection (3)(c)(i).
197 (iii) If the committee does not render a decision on an appeal in accordance with

198 Subsection (3)(c)(ii), the segmentation request shall be granted if the property is a non-scenic
199 area.
200 [(2)] (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
201 Act, the department shall make rules in consultation with the committee:
202 (a) for the administration of a scenic byway program;
203 (b) establishing the criteria that a highway shall possess to be designated as a scenic
204 byway, including the criteria described in Subsection (1)(b);
205 (c) establishing the process for nominating a highway to be designated as a state
206 scenic byway;
207 (d) specifying the process for hearings to be conducted in the area of proposed
208 designation prior to the highway being designated as a scenic byway;
209 (e) identifying the highways within the state designated as scenic byways; and
210 (f) establishing the process and criteria for removing the designation of a highway as a
211 scenic byway.
212 [(3)] (5) The department shall designate scenic byway routes on future state highway
213 maps.
214 [(4)] (6) A highway within the state designated as a scenic byway is subject to federal
215 outdoor advertising regulations in accordance with 23 U.S.C. Sec. 131.
216 Section 5. Section 72-4-304 is enacted to read:
217 72-4-304. Exceptions to approval and segmentation requirements.
218 (1) Legacy Parkway, from the junction of I-215 in Davis County northerly to the
219 junction with US 89 and I-15:
220 (a) is exempt from the legislative approval requirement in Section 72-4-301.5 ; and
221 (b) may not be segmented.
222 (2) A highway nominated for National Scenic Byway or All-American Road
223 designation prior to January 1, 2009 is exempt from the legislative approval requirement in
224 Section 72-4-301.5 .