S.B. 15

This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 22, 2010 at 9:02 AM by rday. -->

Text Box
- 1 -

Senate Committee Amendments 2-22-2010 rd/sch 1

UTAH SCENIC BYWAY AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Dennis E. Stowell
5 House Sponsor: Christopher N. Herrod
6
7 LONG TITLE
8 Committee Note:
9 The Transportation Interim Committee recommended this bill.
10 General Description:
11 This bill modifies the Designation of State Highways Act by amending provisions
12 relating to scenic byway designations.
13 Highlighted Provisions:
14 This bill:
15 . defines corridor management plan;
16 . requires the Legislature to approve the corridor management plan that will be
17 submitted with the application for a highway to be nominated for designation as a
18 National Scenic Byway or All-American Road; S. [ and ]
18a . provides that the Legislature may:
18b . approve the corridor management plan;
18c . approve the corridor management plan with conditions specified by the
18d Legislature; or
18e . deny the corridor management plan;
18f . provides that upon a decision by the Legislature, the nominating entity is not
18g required to move forward with the nomination for the National Scenic Byway or All-American
18h Road designation; and .S
19 . makes technical changes.

20 Monies Appropriated in this Bill:
21 None

Text Box
- 1a -

Senate Committee Amendments 2-22-2010 rd/sch 22

Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 72-4-301, as last amended by Laws of Utah 2009, Chapter 393
27 72-4-301.5, as enacted by Laws of Utah 2009, Chapter 393

Text Box
- 2 - 28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 72-4-301 is amended to read:
31 72-4-301. Definitions.
32 As used in this part:
33 (1) "Committee" means the Utah State Scenic Byway Committee created in Section
34 72-4-302 .
35 (2) "Corridor management plan" means a written document:
36 (a) required to be submitted for a highway to be nominated as a National Scenic Byway
37 or All-American Road that specifies the actions, procedures, controls, operational practices,
38 and administrative strategies to maintain the scenic, historic, recreational, cultural,
39 archeological, and natural qualities of a scenic byway; and
40 (b) adopted by each municipality or county affected by the corridor management plan.
41 [(2)] (3) "Non-scenic area" means:
42 (a) any property that is unzoned or zoned for commercial or industrial use adjoining a
43 highway that does not contain at least one of the intrinsic qualities described in Subsection
44 72-4-303 (1)(b) immediately upon the property; or
45 (b) any property that is unzoned or zoned for commercial or industrial use that contains
46 an intrinsic quality described in Subsection 72-4-303 (1)(b) immediately upon the property but
47 the intrinsic quality does not represent the primary use of the property.
48 [(3)] (4) "Segmentation" means:
49 (a) removing the scenic byway designation from a portion of an existing scenic byway
50 that adjoins a non-scenic area; or
51 (b) excluding a portion of a highway from a scenic byway designation where the
52 highway adjoins a non-scenic area.
53 Section 2. Section 72-4-301.5 is amended to read:
54 72-4-301.5. Designation of highways as a National Scenic Byway or All-American
55 Road.
56 S. (1) .S Except as provided in Section 72-4-304 , a highway or state scenic byway may
56a not be
57 nominated for designation as a National Scenic Byway or All-American Road unless the
58 [nomination] corridor management plan that will be submitted with the application for the

Text Box
- 3 -

Senate Committee Amendments 2-22-2010 rd/sch 59

highway or state scenic byway to be nominated for designation as a National Scenic Byway or
60 All-American Road is approved by the Legislature.
60a S. (2)(a) In accordance with Subsection (1), the Legislature may:
60b (i) approve the corridor management plan;
60c (ii) approve the corridor management plan with conditions specified by the Legislature;
60d or
60e (iii) deny the corridor management plan.
60f (b) Upon a decision by the Legislature under Subsection (2)(a), the nominating entity is
60g not required to move forward with the nomination for the National Scenic Byway or
60h All-American Road designation. .S

Legislative Review Note
as of 10-26-09 10:15 AM

Office of Legislative Research and General Counsel