1     
SCENIC BYWAY AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael E. Noel

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Designation of State Highways Act by amending provisions
10     relating to scenic byways.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires the legislative body of a county, city, or town to segment a state scenic
14     byway, National Scenic Byway, or All-American Road in certain circumstances;
15          ▸     requires the Utah State Scenic Byway Committee to segment a state scenic byway,
16     National Scenic Byway, or All-American Road at the written request of the owner
17     of real property that is a non-scenic area adjacent to a state scenic byway, National
18     Scenic Byway, or All-American Road; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          72-4-303, as last amended by Laws of Utah 2009, Chapter 393
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 72-4-303 is amended to read:
30          72-4-303. Powers and duties of the Utah State Scenic Byway Committee --
31     Requirements for designation -- Segmentation -- Rulemaking authority -- Designation on
32     state maps -- Outdoor advertising.
33          (1) The committee shall have the responsibility to:
34          (a) administer a coordinated scenic byway program within the state that:
35          (i) preserves and protects the intrinsic qualities described in Subsection (1)(b) unique
36     to scenic byways;
37          (ii) enhances recreation; and
38          (iii) promotes economic development through tourism and education;
39          (b) ensure that a highway nominated for a scenic byway designation possesses at least
40     one of the following six intrinsic qualities:
41          (i) scenic quality;
42          (ii) natural quality;
43          (iii) historic quality;
44          (iv) cultural quality;
45          (v) archaeological quality; or
46          (vi) recreational quality;
47          (c) designate highways as state scenic byways from nominated highways within the
48     state if the committee determines that the highway possesses the criteria for a state scenic
49     byway; and
50          (d) remove the designation of a highway as a scenic byway if the committee determines
51     that the highway no longer meets the criteria under which it was designated.
52          (2) (a) A highway located within a county, city, or town within this state may not be
53     included as part of a designation or nomination as a state scenic byway, National Scenic
54     Byway, or All-American Road unless the nomination or designation is sanctioned in writing by
55     an official action of the legislative body of each county, city, or town through which the
56     proposed state scenic byway, National Scenic Byway, or All-American Road passes.
57          (b) If a county, city, or town does not give approval as required under Subsection
58     (2)(a), then the portion of the highway located within the boundaries of the county, city, or

59     town may not be included as part of any state scenic byway designation or nomination as a
60     National Scenic Byway or All-American Road.
61          (3) (a) [A] Except as provided in Subsection (3)(d), a state scenic byway, National
62     Scenic Byway, or All-American Road [may] shall be segmented:
63          (i) by the legislative body of the county, city, or town where the segmentation is to
64     occur if:
65          [(i)] (A) a person or another entity, with the consent of any landowners affected by the
66     segmentation, has requested the segmentation of a portion of a road or highway; and
67          [(ii)] (B) the legislative body of the county, city, or town reviews the segmentation
68     proposed under this Subsection (3)(a)(i)[.]; or
69          (ii) by the committee at the written request of the owner of real property that is a
70     non-scenic area adjacent to a state scenic byway, National Scenic Byway, or All-American
71     Road.
72          (b) The legislative body of a county, city, or town shall render a decision on a
73     segmentation request under Subsection (3)(a)(i) within 60 days and may grant segmentation to
74     the person or entity if the property is a non-scenic area.
75          (c) (i) If the legislative body of a county, city, or town denies the request to segment the
76     state scenic byway, National Scenic Byway, or All-American Road under Subsection (3)(a)(i)
77     upon the request of a person or another entity, with the consent of any landowners affected by
78     the segmentation, that person or entity may appeal the denial of the request to the committee.
79          (ii) The committee shall hear and answer an appeal of the denial of a segmentation
80     request within 60 days of a request submitted in accordance with Subsection (3)(c)(i).
81          (iii) If the committee does not render a decision on an appeal in accordance with
82     Subsection (3)(c)(ii), the segmentation request shall be granted if the property is a non-scenic
83     area.
84          (d) A state scenic byway, National Scenic Byway, or All-American Road is not
85     required to be segmented under Subsection (3)(a)(ii) if, within 30 days after the day on which
86     the request is received, the committee demonstrates to an administrative law judge selected by
87     agreement of the owner of real property and the committee where the non-scenic area is
88     located, that the property to be segmented is not a non-scenic area.
89          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the

90     department shall make rules in consultation with the committee:
91          (a) for the administration of a scenic byway program;
92          (b) establishing the criteria that a highway shall possess to be designated as a scenic
93     byway, including the criteria described in Subsection (1)(b);
94          (c) establishing the process for nominating a highway to be designated as a state scenic
95     byway;
96          (d) specifying the process for hearings to be conducted in the area of proposed
97     designation prior to the highway being designated as a scenic byway;
98          (e) identifying the highways within the state designated as scenic byways; and
99          (f) establishing the process and criteria for removing the designation of a highway as a
100     scenic byway.
101          (5) The department shall designate scenic byway routes on future state highway maps.
102          (6) A highway within the state designated as a scenic byway is subject to federal
103     outdoor advertising regulations in accordance with 23 U.S.C. Sec. 131.






Legislative Review Note
Office of Legislative Research and General Counsel