Transportation, Program Development

Rule R926-7

Scenic Byways

Notice of Proposed Rule

(Repeal)

DAR File No.: 33445
Filed: 03/09/2010 04:59:03 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is being repealed so the regulations can be updated and reorganized into two new rules.

Summary of the rule or change:

The rule is being repealed so the regulations can be updated and reorganized into two new rules: Rule R926-13 Designated Scenic Byways, and Rule R926-14 Utah Scenic Byway Program Administration; Scenic Byways Designation, De-designation, and Segmentation Processes. (DAR NOTE: The proposed new Rule R926-13 is under DAR No. 33446, and the proposed new Rule R926-14 is under DAR No. 33447 in this issue, April 1, 2010, of the Bulletin.)

State statutory or constitutional authorization for this rule:

• Section 72-4-303

Anticipated cost or savings to:

the state budget:

The Department anticipates no cost or savings to the State budget associated with repeal of this rule. Any costs or savings will result from enactment of the new rules, Rules R926-13 and R926-14, and will be stated in the analysis for those rules.

local governments:

The Department anticipates no cost or savings to local government associated with repeal of this rule. Any costs or savings will result from enactment of the new rules, Rules R926-13 and R926-14, and will be stated in the analysis for those rules.

small businesses:

The Department anticipates no cost or savings to small businesses associated with repeal of this rule. Any costs or savings will result from enactment of the new rules, Rules R926-13 and R926-14, and will be stated in the analysis for those rules.

persons other than small businesses, businesses, or local governmental entities:

The Department anticipates no cost or savings associated with repeal of this rule to persons other than small businesses, businesses, or local government entities. Any costs or savings will result from enactment of the new rules, Rules R926-13 and R926-14, and will be stated in the analysis for those rules.

Compliance costs for affected persons:

The Department anticipates no cost or savings associated with repeal of this rule for affected persons. Any costs or savings will result from enactment of the new rules, Rules R926-13 and R926-14, and will be stated in the analysis for those rules.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Department anticipates no impact on businesses associated with repeal of this rule. Any impact will result from enactment of the new rules, Rules R926-13 and R926-14, and will be stated in the analysis for those rules.

John Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Program Development
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• David Benard at the above address, by phone at 801-965-4197, by FAX at 801-965-4338, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/03/2010

This rule may become effective on:

05/10/2010

Authorized by:

John Njord, Executive Director

R926. Transportation, Program Development.

[R926-7. Scenic Byways.

R926-7-1. Authority.

This rule establishes the procedures for administration of the scenic byway program; establish the criteria that a highway shall possess to be designated as a scenic byway; establish the process for nominating a highway to be designated as a state scenic byway; specifying the process for hearings to be conducted in the area of proposed designation prior to the highway being designated as a scenic byway; identifying the highways within the state as scenic byways; and establish the process and criteria for removing the designation of a highway as a scenic byway as required by Utah Code Ann. Section 72-4-303.2.

 

R926-7-2. Definitions.

(1) "Committee" means the Utah State Scenic Byway Committee as defined in Utah Code Ann. Section 72-4-301.

(2) "De-designation" means removing a current state scenic byway designation from an entire existing scenic byway.

(3) "Department" means the Utah Department of Transportation.

(4) "Governmental Body" means the elected governing board of a political subdivision, such as town, city, county or Association of Governments.

(5) "Local Scenic Byway Committee" means the committee consisting of the Road Leader, and representatives from nearby governmental bodies, agencies, tourism related groups and interested individuals which recommend and prioritize various projects and applications relating to a scenic byway. The Local Scenic Byway Committee promotes and preserves intrinsic values along the byway.

(6) "Quorum" has the meaning given in Utah Code Ann. Section 72-4-302.

(7) "Road Leader" means an individual recognized by the Local Scenic Byway Committee as chair. If a Local Scenic Byway Committee does not exist for a scenic byway, the Road Leader is an individual recognized by the Committee chair as the person to contact for applications and other administrative business for the state scenic byway.

(8) "Segmentation" means removing the state scenic byway designation from a portion of an existing scenic byway.

 

R926-7-3. Committee Administration.

(1) The committee shall meet annually, and as frequently as needed to conduct business to administer the State Scenic Byway program within the State of Utah. This business shall include, but not be limited to designating, de-designating and segmentation of state scenic byways; recommending applications recognizing National and All American Road recognition; prioritizing applications for Scenic Byway Discretionary funding, and other funding which may be available; and other business as may be needed to administer the scenic byway program.

(2) Committee membership shall be as required by Utah Code Annotated Section 72-4-303.2.

(3) The committee member's term of service shall be a follows:

(a) Representatives of State Agencies. Term of service will be indefinite, as determined by the identified agency.

(b) Representatives of Federal Agencies. Term of service will be indefinite, as determined by the identified agency.

(c) Utah Association of Governments. Term of service will be indefinite, as determined by the identified organization.

(d) Representatives of the Utah Travel Regions Associations, local government tourism representative, and the private sector representative. Term will be four years.

(4) Half of the initial appointments will be for two years, in order to stagger the terms. The members selected for the initial two year term will be selected by the state agencies.

(5) The Committee will meet annually in the second quarter of the calendar year. Additional Committee meetings may be called to conduct business necessary to administer the State Scenic Byway program.

(6) A poll by telephone or email may be taken of all members for the purpose of approving applications submitted for National Scenic Byway or All American Road recognition. All Committee members will be furnished poll results. A second poll will then be taken of the voting Committee members concerning submitting the applications, with the results determining if the application will be submitted. The results will be forwarded to all committee members, and reported at the next Committee meeting.

(7) A poll by telephone or email may be taken of all members for the purpose of prioritizing funding grant applications submitted for Scenic Byway Discretionary funds. All Committee members will be furnished poll results. A second poll will then be taken of the voting Committee members concerning prioritizing the applications, with the results determining priorities of the applications to be submitted. The results will be forwarded to all committee members, and reported at the next Committee meeting.

 

R926-7-4. Criteria That A Highway Shall Have To Be Designated As A Scenic Byway.

(1) A road being considered for state scenic byway designation must comply with all of the following criteria:

(a) The nominated road must possess unusual, exceptional, or distinctive intrinsic qualities in at least two of the following categories:

(i) Scenic Quality. Scenic Quality is the heightened visual experience derived from the view of natural and manmade elements of the visual environment of the scenic byway corridor. The characteristics of the landscape are strikingly distinct and offer a pleasing and most memorable visual experience. All elements of the landscape-landform, water, vegetation, and manmade development-contribute to the quality of the corridor's visual environment. Everything present is in harmony and shares in the intrinsic qualities.

(ii) Natural Quality. Natural Quality applies to those features in the visual environment that are in a relatively undisturbed state. These features predate the arrival of human populations and may include geological formations, fossils, landform, water bodies, vegetation, and wildlife. There may be evidence of human activity, but the natural features reveal minimal disturbances.

(iii) Historic Quality. Historic Quality encompasses legacies of the past that are distinctly associated with physical elements of the landscape, whether natural or manmade, that are of such historic significance that they educate the viewer and stir an appreciation for the past. The historic elements reflect the actions of people and may include buildings, settlement patterns, and other examples of human activity. Historic features can be inventoried, mapped, and interpreted. They possess integrity of location, design, setting, material, workmanship, feeling, and association.

(iv) Cultural Quality. Cultural Quality is evidence and expressions of the customs or traditions of a distinct group of people that are still currently practiced. Cultural features include but are not limited to crafts, music, dance, rituals, festivals, speech, food, special events, and vernacular architecture.

(v) Archeological Quality. Archaeological Quality involves those characteristics of the byway corridor that are physical evidence of historic or prehistoric human life or activity that are visible and capable of being inventoried and interpreted. The byway corridor's archeological interest, as identified through ruins, artifacts, structural remains, and other physical evidence have scientific significance that educate the viewer and stir an appreciation for the past.

(vi) Recreational Quality. Recreational Quality involves outdoor recreational activities directly associated with and dependent upon the natural and cultural elements of the corridor's landscape. The recreational activities provide opportunities for active and passive recreational experiences. They include but are not limited to downhill skiing, rafting, boating, fishing, and hiking. The recreational activities may be seasonal, but the quality and importance of the recreational activities as seasonal operations must be well recognized.

(vii) The nominated road must be a planned or existing route. In the case of a planned route, legal public access, safety standards and pavement must be guaranteed at completion of construction.

(viii) American Association of State Highway and Transportation Officials (AASHTO) safety standards for federal aid primary or secondary roads or highways will guide evaluation of road safety.

(ix) The nominated road must have strong local support and the proponents must demonstrate this support and coordination.

(x) The nominated road must accommodate recreational vehicles or provisions should be made for travel by recreational vehicles.

(xi) The nominated road need not lead to or provide connection to other road networks. It may be dead-ended, or provide only a single outlet for traffic.

(xii) The nominated road need not be open during the winter months. Seasonal road closures shall be clearly posted.

(xiii) The nominated road may include portions of the Interstate Highway System.

(xiv) only if the IHS component is a small part of the overall nominated scenic byway and is included primarily for continuity of travel.

 

R926-7-5. Process For Nominating A Highway To Be Designated A Scenic Byway.

(1) It is the intent of this criteria to be restrictive in nature so as to limit the number of designated state scenic byways in order to maintain the quality and integrity of the Scenic Byway system.

(2) Responsibility for state scenic byway designation shall be that of the Committee.

(3) Nominations shall be forwarded by a local governmental body, such as a town, city, county, or Association of Government.

(4) Nomination application will demonstrate the nominated road meets the criteria to be qualify as a state scenic byway.

(5) The committee will act on a byway related application only after public hearings have been held and after receiving minutes which include names and addresses of people making comments; a detailed summary of comments made; and proof of public notification have been received.

(6) The nomination will be considered by the Committee after a presentation by the nominating sponsor group, either at the byway location, or at a Committee meeting. The Committee will vote on proposed designations at the next Committee meeting. Results will be reported to the nomination sponsor.

 

R926-7-6. Process For Hearings To Be Conducted In The Area Of Proposed Designation Prior To The Highway Being Designated As A Scenic Byway.

(1) The required public hearings may be held separately, or as an identifiable agenda item of a regular meeting of a governmental body.

(2) Notice of Local Public Hearing. The following is the minimum required public notification of the hearing to be held in conjunction with a proposed change of the status of a scenic byway:

(a) Written notice sent by US Mail to each of the following at least seven (7) days prior to the hearing:

(i) Local scenic byway Road Leader, as identified by the Committee chair;

(ii) Potentially impacted local governments, communities or counties in the area;

(iii) The Association of Governments that serves the impacted area.

(iv) The hearing shall be advertised in locally published newspapers a minimum of seven (7) days, but not more than fourteen (14) days prior to the hearing. If there are no local newspapers in the area, applicants must post notice of the public hearing for the same period in public places throughout the impacted area. Locations of such postings are to be furnished to the committee with the submitted application.

(v) Committee shall be invited to attend the public hearings.

(vi) Topics to be presented at Public Hearings: At a minimum, the following topics are to be presented at each public hearing.

(vii) The impact on outdoor advertising.

(viii) The potential impact of traffic volumes.

(ix) Potential impact of land use along byway.

 

R926-7-7. Highways Within The State Designated As Scenic Byways.

(1) The following roads are designated as state scenic byways:

(a) Logan Canyon Scenic Byway. US-89, beginning at 1500 East in Logan and running to the Utah/Idaho State Line.

(b) Bear Lake Scenic Byway. State Route 30, beginning at US-89, and running to East Shore Road in Laketown.

(c) Ogden River Scenic Byway. State Route 39, beginning at Valley Drive, near the mouth of Ogden Canyon, and running to the eastern Wasatch-Cache Forest boundary near highway Reference Post 48; and State Route 158 from SR-39, and running to County Road 3468; and the County Road 3468, from SR-158, running to SR-39.

(d) Big Cottonwood Canyon Scenic Byway, State Route 190, beginning at SR-210, and running to the end of the Brighton Loop.

(e) Little Cottonwood Canyon Scenic Byway. State Route 210, beginning at SR-209, and running to the end of state maintenance, near Alta.

(f) Provo Canyon Scenic Byway. US-189, beginning at SR-52, and running to SR-113, near Charleston; and SR-113, from US-189 running to US-40 in Heber City.

(g) Mirror Lake Scenic Byway. State Route 150, beginning at SR-32 in Kamas, and running to the Utah/Wyoming State Line.

(h) Flaming Gorge-Uintas Scenic Byway. US-191, beginning at US-40 in Vernal, and running to the Utah/Wyoming State Line; State Route 44, from US-191, running to SR-43 in Manila; and SR-43, from SR-44, running to the Utah/Wyoming state line.

(i) Indian Canyon Scenic Byway. US-191, beginning at US-6 near Helper, and running to US-40 in Duchesne.

(j) The Energy Loop, Huntington and Eccles Canyons Scenic Byway. State Route 31, beginning at US-89 in Fairview, and running to SR-10 in Huntington; and State Route 264, from SR-31, running to SR-96; and SR-96, from SR-264, and running to US-6 near Colton.

(k) Nebo Loop Scenic Byway. State Route 115, beginning at I-15 and running to SR-198; State Route 198, from SR-115 running to 600 East in Payson; and along County Road 2822 (600 East) and National Forest Road 015 running to SR-132 in Juab County.

(l) Upper Colorado River Scenic Byway. State Route 128, beginning at US-191 near Moab, and running to I-70 West Cisco interchange.

(m) Potash-Lower Colorado River Scenic Byway. State Route 279, beginning at the end of SR-279 near the Potash Plant and running to US-191.

(n) Indian Creek Scenic Byway. State Route 211, beginning at US-191 and running to County Road 2432; and County Road 2432 from SR-211 running to the Canyonlands National Park Visitor Center.

(o) Bicentennial-Trail of The Ancients Scenic Byway. State Route 95, beginning at SR-24, and running to US-191; State Route 275, from US-95 and running to Natural Bridges National Monument; and US-191 from Center Street in Blanding running to SR-162; and SR-162 from US-191 running to the Utah/Colorado state line.

(p) Monument Valley to Bluff Scenic Byway. US-163, beginning at the Utah/Arizona State Line running to US-191; and US-191 from US-163 running to the Cottonwood Wash Bridge in Bluff.

(q) Capitol Reef Country Scenic Byway. State Route 24, beginning at SR-72 in Loa, and running to SR-95 in Hanksville.

(r) Highway 12, A Journey Through Time Scenic Byway. State Route 12, beginning at US-89 near Panguitch, and running to SR-24 near Torrey.

(s) Markaquant High Plateau Scenic Byway. State Route 14, beginning at SR-130 and running to US-89.

(t) Cedar Breaks Scenic Byway. State Route 148, beginning at SR-14, through Cedar Breaks National Monument, running to SR-143.

(u) Brian Head-Panguitch Lake Scenic Byway. State Route 143, beginning at I-15 South Parowan Interchange, and running to US-89 in Panguitch.

(v) Beaver Canyon Scenic Byway. State Route 153, beginning at SR-160 in Beaver, and running to the end of pavement near Elk Meadows.

(w) Mt. Carmel Scenic Byway. US-89, beginning at the Kanab north city limit (approximately Highway Reference Post 65), and running to SR-12.

(x) Zion Park Scenic Byway. State Route 9, beginning I-15 and running to US-89.

(y) Kolob Fingers Road Scenic Byway. The National Park Service Road, beginning at I-15, and running to the Kolob Canyon Overlook.

(z) Dead Horse Point Mesa Scenic Byway. State Route 313, from US-191 running to Dead Horse Point State Park; and the Island in the Sky Road, from SR-313 running to Grandview Point.

(aa) Fish Lake Scenic Byway. State Route 25 and County Roads 2554 and 3268, beginning at SR-24, and running to SR-72.

(bb) Dinosaur Diamond Scenic Byway. Interstate 70, from the Colorado State Line running to Cisco Exit 214; the County Road 1714 through Cisco, from I-70 running to SR-128; SR-128, from the Cisco Road running to US-191 near Moab; US-191, from SR-128 running to I-70 at Crescent Junction; I-70, from US-191 at Crescent Junction running to US-6 near Green River; US-6, from I-70 running to US-191 near Helper; US-191, from US-6 near Helper running to US-40 in Duchesne; US-40, from US-191 in Duchesne to the Colorado State Line.

 

R926-7-8. Process And Criteria For Removing The Designation Of A Highway As A Scenic Byway.

(1) The Committee may dedesignate or segment a Scenic Byway if the intrinsic values for which it was designated have become significantly degraded and no longer meet the requirements for which it was originally designated, or the segment was included for continuity of travel.

(2) Requests for segmentation or de-designation of state scenic byways shall be submitted by a governmental body along or adjacent to the scenic byway. The request shall be submitted to the Committee Chair. Each request shall include discussion of the following:

(a) Organizations (local scenic byway committee, community, county or association of governments) submitting an application for designation, segmentation or de-designation of a scenic byway must hold public hearings for the purpose of receiving the public's views and to respond to questions and concerns expressed. The actual number of hearings will be determined by the Committee Chair, and will be located to collect a broad base of public comments throughout the length of the proposed Scenic Byway changes.

(b) Specific reasons for segmentation or de-designation. Reasons may include, but are not limited to:

(c) Segment or byway is no longer consistent with the state's criteria for selection as a scenic byway;

(i) Failure to maintain or enhance intrinsic values for which the scenic byway was designated;

(ii) Degradation of the intrinsic values for which the scenic byway was selected;

(iii) Segment of byway is not representative of the intrinsic values for which the scenic byway was designated, but was included primarily for connectivity;

(iv) State scenic byway designation has become a liability to the corridor.

(v) Upon receipt of the request for segmentation or de-designation, the committee chair will add the request to the agenda of the next Utah Scenic Byways Committee meeting.

(d) The committee will review the request at the next Committee meeting and discuss at least the following:

(i) reasons for segmentation or de-designation.

(ii) Whether segmentation or de-designation of the scenic byway will significantly degrade the statewide scenic byway system;

(iii) Whether segmentation or de-designation is an attempt to evade FHWA rules, regulations or requirements. Requests to segmentation or de-designate all or part of a scenic byway for the purpose to evade FHWA rules, regulations or requirements will not be considered.

(iv) Following discussion of the request, the committee will vote on the request for segmentation or de-designation. The result to the vote will be forwarded to the requesting governmental body.

(v) Upon segmentation or de-designation approval, the Utah Travel Council, UDOT and other interested agencies will be notified of the change in designation, and will be requested to modify reference of the segment in materials identifying scenic byways to reflect the change in scenic byway status.

 

KEY: transportation, scenic byways, highways

Date of Enactment or Last Substantive Amendment: September 15, 2005

Authorizing, and Implemented or Interpreted Law: 72-4-301]