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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the designation of scenic byways.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends provisions related to the designation of state scenic byways, National
13 Scenic Byways, and All-American Roads;
14 ▸ amends provisions related to the nomination of members to the Utah State Scenic
15 Byway Committee (committee);
16 ▸ removes the requirement of bipartisan representation on the committee;
17 ▸ amends the duties of the committee, including nomination or recommendation of a
18 highway to the Legislature for designation as a state scenic byway, National Scenic
19 Byway, or All-American Road;
20 ▸ amends provisions related to segmentation of a nonscenic area of scenic byway; and
21 ▸ makes technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 72-4-301, as last amended by Laws of Utah 2010, Chapter 195
29 72-4-301.5, as last amended by Laws of Utah 2010, Chapter 195
30 72-4-302, as last amended by Laws of Utah 2015, Chapter 258
31 72-4-303, as last amended by Laws of Utah 2016, Chapter 152
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33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 72-4-301 is amended to read:
35 72-4-301. Definitions.
36 As used in this part:
37 (1) "Committee" means the Utah State Scenic Byway Committee created in Section
38 72-4-302.
39 (2) "Corridor management plan" means a written document:
40 (a) required to be submitted for a highway to be nominated as a state scenic byway,
41 National Scenic Byway, or All-American Road that specifies the actions, procedures, controls,
42 operational practices, and administrative strategies to maintain the scenic, historic, recreational,
43 cultural, archeological, and natural qualities of a scenic byway; and
44 (b) adopted by each municipality or county affected by the corridor management plan.
45 (3) "Non-scenic area" means:
46 (a) any property that is unzoned or zoned for commercial or industrial use adjoining a
47 highway that does not contain at least one of the intrinsic qualities described in Subsection
48 72-4-303(1)(b) immediately upon the property; or
49 (b) any property that is unzoned or zoned for commercial or industrial use that contains
50 an intrinsic quality described in Subsection 72-4-303(1)(b) immediately upon the property but
51 the intrinsic quality does not represent the primary use of the property.
52 (4) "Segmentation" means:
53 (a) removing the scenic byway designation from a portion of an existing scenic byway
54 that adjoins a non-scenic area; or
55 (b) excluding a portion of a highway from a scenic byway designation where the
56 highway adjoins a non-scenic area.
57 Section 2. Section 72-4-301.5 is amended to read:
58 72-4-301.5. Designation of highways as a state scenic byway, National Scenic
59 Byway, or All-American Road -- Legislative approval.
60 (1) [
61 not be nominated for designation as a state scenic byway, National Scenic Byway, or
62 All-American Road unless the corridor management plan that will be submitted with the
63 application for the highway or state scenic byway to be nominated for designation as a state
64 scenic byway, National Scenic Byway, or All-American Road is approved by the Legislature.
65 (2) (a) In accordance with Subsection (1), the Legislature may:
66 (i) approve the corridor management plan;
67 (ii) approve the corridor management plan with conditions specified by the Legislature;
68 or
69 (iii) deny the corridor management plan.
70 (b) Upon a decision by the Legislature under Subsection (2)(a), the nominating entity is
71 not required to move forward with the nomination [
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73 Section 3. Section 72-4-302 is amended to read:
74 72-4-302. Utah State Scenic Byway Committee -- Creation -- Membership --
75 Meetings -- Expenses.
76 (1) There is created the Utah State Scenic Byway Committee.
77 (2) (a) The committee shall consist of the following 15 members:
78 (i) a representative from each of the following entities appointed by the governor:
79 (A) the Governor's Office of Economic Development;
80 (B) the Utah Department of Transportation;
81 (C) the Department of Heritage and Arts;
82 (D) the Division of Parks and Recreation;
83 (E) the Federal Highway Administration;
84 (F) the National Park Service;
85 (G) the National Forest Service; and
86 (H) the Bureau of Land Management;
87 (ii) one local government tourism representative appointed by the governor;
88 (iii) a representative from the [
89 appointed by the governor;
90 (iv) three local elected officials from a county, city, or town within the state appointed
91 by the governor;
92 (v) a member from the House of Representatives appointed by the speaker of the
93 House of Representatives; and
94 (vi) a member from the Senate appointed by the president of the Senate.
95 (b) Except as provided in Subsection (2)(c), the members appointed in this Subsection
96 (2) shall be appointed for a four-year term of office.
97 (c) The governor shall, at the time of appointment or reappointment for appointments
98 made under Subsection (2)(a)(i), (ii), (iii), or (iv) adjust the length of terms to ensure that the
99 terms of committee members are staggered so that approximately half of the committee is
100 appointed every two years.
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111 (3) (a) The representative from the Governor's Office of Economic Development shall
112 chair the committee.
113 (b) The members appointed under Subsections (2)(a)(i)(E) through (H) serve as
114 nonvoting, ex officio members of the committee.
115 (4) The Governor's Office of Economic Development and the department shall provide
116 staff support to the committee.
117 (5) (a) The chair may call a meeting of the committee only with the concurrence of the
118 department.
119 (b) A majority of the voting members of the committee constitute a quorum.
120 (c) Action by a majority vote of a quorum of the committee constitutes action by the
121 committee.
122 (6) (a) A member who is not a legislator may not receive compensation or benefits for
123 the member's service, but may receive per diem and travel expenses as allowed in:
124 (i) Section 63A-3-106;
125 (ii) Section 63A-3-107; and
126 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
127 63A-3-107.
128 (b) Compensation and expenses of a member who is a legislator are governed by
129 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
130 Section 4. Section 72-4-303 is amended to read:
131 72-4-303. Powers and duties of the Utah State Scenic Byway Committee --
132 Requirements for designation -- Segmentation -- Rulemaking authority -- Designation on
133 state maps -- Outdoor advertising.
134 (1) The committee shall have the responsibility to:
135 (a) administer a coordinated scenic byway program within the state that:
136 (i) preserves and protects the intrinsic qualities described in Subsection (1)(b) unique
137 to scenic byways;
138 (ii) enhances recreation; and
139 (iii) promotes economic development through tourism and education;
140 (b) ensure that a highway nominated for a scenic byway designation possesses at least
141 one of the following six intrinsic qualities:
142 (i) scenic quality;
143 (ii) natural quality;
144 (iii) historic quality;
145 (iv) cultural quality;
146 (v) archaeological quality; or
147 (vi) recreational quality;
148 (c) [
149 within the state to the Legislature for designation, if the committee determines that the highway
150 possesses the criteria for a state scenic byway; and
151 (d) recommend that the Legislature remove the designation of a highway as a scenic
152 byway if the committee determines that the highway no longer meets the criteria under which it
153 was designated.
154 (2) (a) A highway located within a county, city, or town within this state may not be
155 included as part of a designation or nomination as a state scenic byway, National Scenic
156 Byway, or All-American Road unless:
157 (i) the highway final design has been approved, the highway has been completely built,
158 and designated by the Legislature; or
159 (ii) the nomination or designation is sanctioned in writing by an official action of the
160 legislative body of each county, city, or town through which the proposed state scenic byway,
161 National Scenic Byway, or All-American Road passes.
162 (b) If a county, city, or town does not give approval as required under this Subsection
163 (2)[
164 town may not be included as part of any state scenic byway designation or nomination as a
165 National Scenic Byway or All-American Road.
166 (3) (a) Except as provided in Subsection (3)(d), a [
167 of a state scenic byway, National Scenic Byway, or All-American Road shall be segmented
168 from the byway or road:
169 (i) by the legislative body of the county, city, or town where the segmentation is to
170 occur if:
171 (A) a person or another entity, with the consent of any [
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173 National Scenic Byway, or All-American Road has requested the segmentation of a portion of a
174 road or highway; and
175 (B) the legislative body of the county, city, or town reviews the segmentation proposed
176 under this Subsection (3)(a)(i); or
177 (ii) by the committee at the written request of the owner of real property that is a
178 non-scenic area adjacent to a state scenic byway, National Scenic Byway, or All-American
179 Road.
180 (b) The legislative body of a county, city, or town shall render a decision on a
181 segmentation request under Subsection (3)(a)(i) within 60 days and may grant segmentation to
182 the person or entity if the property is a non-scenic area.
183 (c) (i) If the legislative body of a county, city, or town denies the request to segment the
184 state scenic byway, National Scenic Byway, or All-American Road under Subsection (3)(a)(i)
185 upon the request of a person or another entity, with the consent of any landowners affected by
186 the segmentation, that person or entity may appeal the denial of the request to the committee.
187 (ii) The committee shall hear and answer an appeal of the denial of a segmentation
188 request within 60 days of a request submitted in accordance with Subsection (3)(c)(i).
189 (iii) If the committee does not render a decision on an appeal in accordance with
190 Subsection (3)(c)(ii), the segmentation request shall be granted if the property is a non-scenic
191 area.
192 (d) A state scenic byway, National Scenic Byway, or All-American Road is not
193 required to be segmented under Subsection (3)(a)(ii) if, within 60 days after the day on which
194 the request is received, the committee demonstrates to an administrative law judge selected by
195 agreement of the owner of real property and the committee where the non-scenic area is
196 located, that the property to be segmented is not a non-scenic area.
197 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
198 department shall make rules in consultation with the committee:
199 (a) for the administration of a scenic byway program;
200 (b) establishing the criteria that a highway shall possess to be designated as a scenic
201 byway, including the criteria described in Subsection (1)(b);
202 (c) establishing the process for nominating a highway to be designated as a state scenic
203 byway;
204 (d) specifying the process for hearings to be conducted in the area of proposed
205 designation prior to the highway being designated as a scenic byway;
206 (e) identifying the highways within the state designated as scenic byways; and
207 (f) establishing the process and criteria for removing the designation of a highway as a
208 scenic byway.
209 (5) The department shall designate scenic byway routes on future state highway maps.
210 (6) A highway within the state designated as a scenic byway is subject to federal
211 outdoor advertising regulations in accordance with 23 U.S.C. Sec. 131.