S.B. 15 Enrolled

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 General Description:
9 This bill modifies the Designation of State Highways Act by amending provisions
10 relating to scenic byway designations.
11 Highlighted Provisions:
12 This bill:
13 . defines corridor management plan;
14 . requires the Legislature to approve the corridor management plan that will be
15 submitted with the application for a highway to be nominated for designation as a
16 National Scenic Byway or All-American Road;
17 . provides that the Legislature may:
18 . approve the corridor management plan;
19 . approve the corridor management plan with conditions specified by the
20 Legislature; or
21 . deny the corridor management plan;
22 . provides that upon a decision by the Legislature, the nominating entity is not
23 required to move forward with the nomination for the National Scenic Byway or
24 All-American Road designation; and
25 . makes technical changes.
26 Monies Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None

30 Utah Code Sections Affected:
31 AMENDS:
32 72-4-301, as last amended by Laws of Utah 2009, Chapter 393
33 72-4-301.5, as enacted by Laws of Utah 2009, Chapter 393
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 72-4-301 is amended to read:
37 72-4-301. Definitions.
38 As used in this part:
39 (1) "Committee" means the Utah State Scenic Byway Committee created in Section
40 72-4-302 .
41 (2) "Corridor management plan" means a written document:
42 (a) required to be submitted for a highway to be nominated as a National Scenic
43 Byway or All-American Road that specifies the actions, procedures, controls, operational
44 practices, and administrative strategies to maintain the scenic, historic, recreational, cultural,
45 archeological, and natural qualities of a scenic byway; and
46 (b) adopted by each municipality or county affected by the corridor management plan.
47 [(2)] (3) "Non-scenic area" means:
48 (a) any property that is unzoned or zoned for commercial or industrial use adjoining a
49 highway that does not contain at least one of the intrinsic qualities described in Subsection
50 72-4-303 (1)(b) immediately upon the property; or
51 (b) any property that is unzoned or zoned for commercial or industrial use that
52 contains an intrinsic quality described in Subsection 72-4-303 (1)(b) immediately upon the
53 property but the intrinsic quality does not represent the primary use of the property.
54 [(3)] (4) "Segmentation" means:
55 (a) removing the scenic byway designation from a portion of an existing scenic byway
56 that adjoins a non-scenic area; or
57 (b) excluding a portion of a highway from a scenic byway designation where the

58 highway adjoins a non-scenic area.
59 Section 2. Section 72-4-301.5 is amended to read:
60 72-4-301.5. Designation of highways as a National Scenic Byway or
61 All-American Road -- Legislative approval.
62 (1) Except as provided in Section 72-4-304 , a highway or state scenic byway may not
63 be nominated for designation as a National Scenic Byway or All-American Road unless the
64 [nomination] corridor management plan that will be submitted with the application for the
65 highway or state scenic byway to be nominated for designation as a National Scenic Byway or
66 All-American Road is approved by the Legislature.
67 (2) (a) In accordance with Subsection (1), the Legislature may:
68 (i) approve the corridor management plan;
69 (ii) approve the corridor management plan with conditions specified by the
70 Legislature; or
71 (iii) deny the corridor management plan.
72 (b) Upon a decision by the Legislature under Subsection (2)(a), the nominating entity
73 is not required to move forward with the nomination for the National Scenic Byway or
74 All-American Road designation.