File No. 34954

This rule was published in the July 15, 2011, issue (Vol. 2011, No. 14) of the Utah State Bulletin.


Transportation, Program Development

Rule R926-15

Designated Scenic Backways

Notice of Proposed Rule

(New Rule)

DAR File No.: 34954
Filed: 06/20/2011 05:16:01 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The primary purpose is to provide a record of the 58 scenic backways that were designated in 1990 at the time the Utah State Scenic Byway program was created. A secondary purpose is to emphasize the local responsibility to these backways and the limitation of authority of UDOT over them.

Summary of the rule or change:

A total of 58 scenic backways or "backcountry byways" were designated in April 1990. Although these backways were designated at the same time as most of the scenic byways and were included in tourist brochures at the time, they were not included when Rule R926-7 (the predecessor of Rule R926-13) was enacted. Rule R926-7 was drawn up in large part to codify the exact limits of the scenic byways so as to define where federal regulations applied and what portions of roadways were eligible for byway grants. Since the backways are not eligible to participate in the National Scenic Byway Program and are not subject to federal regulations, it was decided that they would not need to be included in Rule R926-7. However, as time has gone on, it has become evident that the historical record of these designations could be lost unless the list is added to a companion rule to Rule R926-13.

State statutory or constitutional authorization for this rule:

  • Section 63G-3-201
  • Section 72-4-303

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget because the rule only enacts the previous designations of backways in Utah.

local governments:

There are no anticipated costs or savings to local government because the rule only enacts the previous designations of backways in Utah.

small businesses:

There are no anticipated costs or savings to small business because the rule only enacts the previous designations of backways in Utah.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities because the rule only enacts the previous designations of backways in Utah.

Compliance costs for affected persons:

There are no anticipated costs for affected persons because the rule only enacts the previous designations of backways in Utah.

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

There are no anticipated fiscal impacts on businesses because the rule only enacts the previous designations of backways in Utah.

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:

  • Linda Barrow at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at lindabarrow@utah.gov

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:

08/15/2011

This rule may become effective on:

08/22/2011

Authorized by:

John Njord, Executive Director

RULE TEXT

R926. Transportation, Program Development.

R926-15. Designated Scenic Backways.

R926-15-1. Purpose.

(1) The primary purpose of this rule is to identify the specific roadways designated as state scenic backways by the Utah State Scenic Byways Committee in 1990, and any additions or deletions made by that body since then, in order to preserve the historical record of those designations and the general definition of the extents of these backways provided by the committee at the time of designation.

(2) A secondary purpose of this rule is to clarify the jurisdiction and limitations of authority for maintaining the intrinsic qualities, quality of life, and wayfinding signs on scenic backway routes.

 

R926-15-2. Authority.

The provisions of this rule are authorized by the following grants of rulemaking authority and provisions of Utah Code: Title 63G, Chapter 3; and the Designation of Highways Act, Title 72, Chapter 4.

 

R926-15-3. Definitions.

Terms used in this rule are defined in Title 72, Chapter 4 and in Rules 926-13-3 and 926-14-3. The following additional term is defined for this rule:

(1) "Scenic backway" is a route that has been designated by the committee in recognition of its intrinsic qualities, as defined for scenic byways, but that does not meet either the width, grade, curvature, paving, or safety criteria necessary to be considered a state scenic byway.

(a) The route must be on a road that is legally accessible to the public.

(b) Preference is given to roads that form a loop or are part of a network of scenic roads or trails.

(c) Travel on a scenic backway route is considered to be reasonably safe, although a certain amount of risk may be involved.

(d) Scenic backways fall into three categories or types, depending on the characteristics of the road. These characteristics are typically outlined in tourist information, but not specified here in the list of designated backways because there may be segments of each type in any given backway.

(i) Type I scenic backways are roads that may be partly paved or have an all-weather surface and grades that are negotiable by a normal touring car. These are usually narrow, slow speed, secondary roads.

(ii) Type II scenic backways are roads that are usually not paved, but may have some type of surfacing. Grades, curves, and road surfaces may be negotiated with a two-wheel-drive, high-clearance vehicle without undue difficulty.

(iii) Type III scenic backways are roads that are usually not surfaced and have grades, tread surface, and other characteristics that require four-wheel-drive or other specialized off-highway vehicles such as dirt bikes or ATVs.

 

R926-15-4. Jurisdiction Over State Scenic Backways and Limitations of Authority.

(1) The Utah State Scenic Byways Committee has authority to designate and de-designate scenic backways.

(a) The network of scenic backways is already extensive and the committee intends to limit the number of backways in order to maintain the quality and integrity of the scenic backway system. For this reason, the likelihood of new designations is low, but proposals for new backway routes will be considered.

(b) Backway routes that are improved after designation to the point of meeting the criteria required of state scenic byways may be presented to the committee for consideration of a re-designation to scenic byway status.

(2) Scenic backways do not qualify for the National Scenic Byways Program nor are any of them part of the National Highway System. They are not subject to any federal regulations pertaining to designated scenic byways, including outdoor advertising restrictions, and they are not eligible for federal byway grants.

(3) The authority and responsibility for maintaining the intrinsic qualities for which each scenic backway was designated, including the regulation of outdoor advertising, rests with the cities, towns, counties and resource agencies through which the route passes.

(a) Preserving the intrinsic qualities of and quality of life along each backway corridor, as determined locally, is dependant on local zoning and signing ordinances.

(b) Except for routes on state highways, the Utah Department of Transportation holds no oversight authority on backway routes.

(4) Installation and maintenance of scenic backway wayfinding signs is a local responsibility.

(a) The design, size, and installation details of the signs are maintained by the Utah Office of Tourism, in consultation with the Utah Department of Transportation, for continuity across the state and to ensure conformity to the Manual on Uniform Traffic Controls.

(b) Historically, the UDOT Traffic and Safety Division has allowed local agencies and local committees to purchase scenic backway signs from its sign shops and through its outside vendors under its sign contracts, to help provide statewide continuity and to help reduce taxpayer costs through shared volume buying.

 

R926-13-5. Highways Within the State That Are Designated as State Scenic Backways.

The following roads are designated as state scenic backways (date of designation is April 9, 1990 unless otherwise specified):

(1) Central Pacific Railroad Trail Scenic Backway. Following the abandoned railroad grade from Locomotive Springs (south of Snowville and west of Golden Spike National Monument) through Lucin to the Utah/Nevada State Line.

(2) Silver Island Mountain Loop Scenic Backway. From Danger Cave Archaeological Site near Wendover, around Silver Island Mountain.

(3) Bountiful/Farmington Loop Scenic Backway. Along Skyline Drive from east Bountiful, over Bountiful Peak and down Farmington Canyon, through Farmington to US-89.

(4) Trappers Loop Road Scenic Backway. State Route 167 from Mountain Green through Wasatch-Cache National Forest to Huntsville and the Ogden River Scenic Byway.

(5) Willard Peak Road Scenic Backway. From Mantua through Wasatch-Cache National Forest to Inspiration Point near Willard Peak.

(6) Hardware Ranch Road Scenic Backway. From Hyrum on SR-101 through Hardware Ranch and then north through Wasatch-Cache National Forest and past the Sinks to US-89, ten miles west of Bear Lake on the Logan Canyon National Scenic Byway.

(7) Middle Canyon Road Scenic Backway. From Tooele up Middle Canyon, over Butterfield Peak, and down Butterfield Canyon to Highway 111 (former Lark site).

(8) South Willow Road Scenic Backway. From Mormon Trail Road, five miles south of Grantsville, west to Deseret Peak.

(9) Alpine Scenic Loop. State Route 92 from the mouth of American Fork Canyon through Uinta National Forest and along the back side of Mount Timpanogos to US-189, one mile east of Vivian Park on the Provo Canyon Scenic Byway.

(10) Cascade Springs Scenic Backway. From Alpine Scenic Loop east past Cascade Springs and north to Wasatch Mountain State Park.

(11) Guardsman Pass Road Scenic Backway. From Wasatch Mountain State Park to Park City and Brighton on the Big Cottonwood Canyon Scenic Byway.

(12) Pioneer Memorial Backway. State Route 65 from Henefer past East Canyon State Park to Emigration Canyon Road and Emigration Canyon Road from SR-65 to Hogle Zoo.

(13) North Slope Road Scenic Backway. From Mirror Lake Scenic Byway (SR-150), six miles south of the Utah/Wyoming State Line, east past China Lake and north to Stateline Reservoir.

(14) Broadhead Meadow Road Scenic Backway. Murdock Basin Road from Mirror Lake Scenic Byway (SR-150), 24 miles east of Kamas, to Broadhead Meadow Road, then north past Broadhead Meadow and back to Mirror Lake Highway just south of Upper Provo River Falls.

(15) Red Cloud/Dry Fork Loop Scenic Backway. From US-191, 14 miles north of Vernal on the Flaming Gorge-Uintas National Scenic Byway, west through Ashley National Forest, then south to Dry Fork near Maeser.

(16) Sheep Creek/Spirit Lake Loop Scenic Backway. From SR-44, 15 miles west of the junction of SR-44 and US-191 on the Flaming Gorge-Uintas National Scenic Byway, looping back through Sheep Creek Canyon to SR-44 six miles south of Manila, plus the spur road to Spirit Lake starting about 3 miles west of SR-44.

(17) Jones Hole Road Scenic Backway. From 500 North Street, 4 miles east of Vernal, north and east to Diamond Mountain Plateau and east to Jones Hole at the Utah/Colorado State Line.

(18) Brown's Park Road Scenic Backway. From Jones Hole Road Scenic Backway at Diamond Mountain Plateau, north down Crouse Canyon and through Brown's Park, then west through Jessie Ewing Canyon to US-191, five miles north of Dutch John on the Flaming Gorge-Uintas National Scenic Byway.

(19) Notch Peak Loop Scenic Backway. From US-50, 43 miles west of Delta, north around the House Range Mountains to Dome Canyon Pass and south around the western side of the range back to US-50.

(20) Pony Express Trail Scenic Backway. From Fairfield west through Faust, over Lookout Summit, and past Simpson Springs and Fish Springs to Callao, Clifton, and Ibapah.

(21) Deep Creek Mountains Scenic Backway. From Pony Express Trail Scenic Backway at Callao, south to Trout Creek, plus the side roads into each of the five canyons into the Deep Creek Mountains.

(22) Reservation Ridge Scenic Backway. From US-191 at the Avantaquin Campground turnoff on the Dinosaur Diamond Prehistoric Highway National Scenic Byway, west along the ridge line to US-6, just east of Soldier Summit.

(23) White River/Strawberry Road Scenic Backway. From US-6, just east of Soldier Summit, north to Trail Hollow and north past Strawberry Reservoir to US-40, 23 miles east of Heber.

(24) Nine Mile Canyon Scenic Backway. From US-191, two miles east of Wellington on the Dinosaur Diamond Prehistoric Highway National Scenic Byway, north and east through Nine Mile Canyon to Myton.

(25) Chicken Creek Road Scenic Backway. From Levan to Chester through the Uinta National Forest over the San Pitch Mountains.

(26) Skyline Drive Scenic Backway. From the Tucker Rest Area on US-6 up the left fork of Clear Creek, crossing the Energy Loop National Scenic Byway, and south through the Manti-La Sal and Fishlake National Forests to I-70 at Taylor Flat, 18 miles east of Salina.

(27) Mayfield-Ferron Scenic Backway. From Mayfield to Ferron, crossing Skyline Drive Scenic Backway in the Manti-La Sal National Forest.

(28) Wedge Overlook/Buckhorn Draw Scenic Backway. From Castle Dale on SR-10 to the Wedge Overlook and from the Wedge Overlook turnoff, 13 miles east of SR-10, through Buckhorn Draw to I-70 at Exit 131.

(29) Dinosaur/Cedar Overlook Scenic Backway. From Cleveland south and east to the Cleveland-Lloyd Dinosaur Quarry and from the turnoff, six miles west of the quarry, on south and east to Cedar Mountain.

(30) Temple Mountain/Goblin Valley Road Scenic Backway. From SR-24, 24 miles south of I-70, west to the base of Temple Mountain, then south to Goblin Valley State Park.

(31) Kimberly/Big John Flat Road Scenic Backway. State Route 153 from Junction on US-89 to the east end of the Beaver Canyon Scenic Byway, then from SR-153 north along Big John Flat Road, Beaver Creek Road, and Kimberly Road to I-70 at Castle Rock, plus the Kent's Lake Loop (Forest Road 137).

(32) Cove Mountain Road. From Koosharem on SR-62 through Fishlake National Forest to Glenwood on SR-119.

(33) Cathedral Valley Road Scenic Backway. From SR-24, 1/2 mile west of Caineville on the Capitol Reef Country Scenic Byway, north along Cathedral Valley into the northern part of Capitol Reef National Park, then north to Fremont Junction on I-70.

(34) Thousand Lake Mountain Road Scenic Backway. From SR-72, five miles northeast of Fremont, to Baler Ranch Road which connects to Factory Butte Road and Elkhorn Road, which passes through Capitol Reef National Park and connects to Factory Butte.

(35) Gooseberry/Fremont Road Scenic Backway. From Johnson Valley Reservoir at the Fishlake Scenic Byway, north through Fishlake National Forest to I-70, 6.5 miles east of Salina.

(a) Originally defined as running from SR-72, two miles north of Fremont, to I-70.

(b) The southern segment of this backway, between Fremont and Johnson Valley Reservoir, was redesignated a scenic byway and added to the Fishlake Scenic Byway November 18, 1992.

(36) La Sal Mountain Loop Road Scenic Backway. From US-191, six miles south of Moab, over the La Sal Mountains in the Manti-La Sal National Forest and through Castle Valley to SR-128 and the Dinosaur Diamond Prehistoric Highway National Scenic Byway.

(37) Lockhart Basin Road Scenic Backway. From Moab south through Kane Creek Canyon, Lockhart Basin and alongside Canyonlands National Park to SR-211 and the Indian Creek Corridor Scenic Byway.

(38) Needles/Anticline Overlook Road Scenic Backway. From US-191, 12 miles south of La Sal Junction, north to Anticline Overlook and Needles Overlook.

(39) The Trail of the Ancients Scenic Backway. State Route 261 from SR-95 south to US-163, plus SR-316 from SR-261 to Goosenecks Overlook. Also the roadways running on SR-262 between US-191 and County Road FAS-2416, and on FAS-2416 starting at SR-262 and running southeasterly to County Road FAS-2422, then northeasterly on FAS-2422 to the Utah/Colorado State Line near Hovenweep National Monument.

(a) Originally designated as the Moki Dugway Scenic Backway.

(b) Renamed and extended on February 7, 1994, to also include the route between US-191 and Hovenweep.

(c) Redesignated on September 22, 2005 as part of the Trail of the Ancients National Scenic Byway.

(40) Elk Ridge Road Scenic Backway. From SR-275 near Natural Bridges National Monument, one mile west of the junction of SR-95 on the Trail Of the Ancients National Scenic Byway, north and east through Bears Ears and across Elk Ridge to SR-211 and the Indian Creek Corridor Scenic Byway.

(41) Abajo Loop Scenic Backway. From Monticello west around Abajo Peak and south to Blanding at the northern end of the Trail of the Ancients National Scenic Byway.

(42) Bull Creek Pass Road Scenic Backway. From SR-95, 15 miles south of SR-24 on the Bicentennial Highway Scenic Byway, to McMillan Springs through Steven Narrows and east to SR-276, five miles south of SR-95.

(a) Originally called Bull Mountain Road Scenic Backway.

(43) Notom Road Scenic Backway. From SR-24 at the Capitol Reef National Park boundary on the Capitol Reef Country Scenic Byway, south to the Burr Trail Scenic Backway.

(44) Burr Trail Scenic Backway. From SR-12 at Boulder on the Scenic Byway 12 All-American Road, east and south across the Waterpocket Fold in Capitol Reef National Park to SR-276 near Bullfrog.

(45) Hole in the Rock Scenic Backway. From SR-12, five miles east of Escalante on the Scenic Byway 12 All-American Road , southeast through Grand Staircase-Escalante National Monument and Glen Canyon National Recreation Area to the Hole in the Rock at Lake Powell.

(46) Smoky Mountain Road Scenic Backway. From SR-12 at Escalante on the Scenic Byway 12 All-American Road , south across the Kaiparowits Plateau and through the Grand Staircase-Escalante National Monument to Big Water on US-89.

(47) Posey Lake Road Scenic Backway. From Escalante on the Scenic Byway 12 All-American Road, north through the Dixie National Forest, past Death Hollow Wilderness Area and Posey Lake, to Bicknell on the Capitol Reef Country Scenic Byway.

(48) Griffin Top Road Scenic Backway. From Posey Lake on the Posey Lake Road Scenic Backway west and south through the Dixie National Forest to the historic Widtsoe settlement (Widtsoe Junction).

(49) Cottonwood Canyon Road Scenic Backway. From US-89 at the Paria Ranger Station, north through the Grand Staircase-Escalante National Monument to Cannonville on the Scenic Byway 12 All-American Road .

(50) Johnson Canyon/Alton Amphitheater Scenic Backway. From US-89, eight miles east of Kanab, north and west to Glendale through the Grand Staircase National Monument and the Vermillion Cliffs, White Cliffs, and Pink Cliffs. Also a spur route from 8 miles east of Glendale, north to Alton.

(51) Paria River Valley Scenic Backway. From US-89, at the Spur, 40 miles east of Kanab, north to the Paria ghost town and movie set.

(52) East Fork of the Sevier Scenic Backway. From SR-12, 14 miles east of the US-89 junction on the Scenic Byway 12 All-American Road , south through the Dixie National Forest and parallel to the west boundary of Bryce Canyon National Park, to the southern terminus at the clifftop.

(53) Ponderosa/Coral Pink Sand Dunes Scenic Backway. From US-89, seven miles northwest of Kanab, southwest past Ponderosa Campground to Coral Pink Sand Dunes State Park.

(54) Smithsonian Butte Scenic Backway. From SR-9 at Rockville on the Zion Park Scenic Byway, south to US-89 at Apple Valley.

(55) Kolob Reservoir Road Scenic Backway. From SR-9 at Virgin on the Zion Park Scenic Byway, through Zion National Park to SR-14, six miles east of Cedar City on the Cedar Breaks Scenic Byway.

(56) Dry Lakes/Summit Canyon Scenic Backway. From Summit on Old US-91 (near I-15), east through Dixie National Forest to SR-143, eight miles south of Parowan on the Utah's Patchwork Parkway National Scenic Byway.

(57) Mojave Desert/Joshua Tree Road Scenic Backway. From Old US-91, two miles south of Shivwits, south around Jarvis Peak and west back to Old US-91, two miles north of the Utah/Arizona State Line.

(58) Snow Canyon Road Scenic Backway. From Ivins north through Snow Canyon State Park to SR-18.

 

KEY: transportation, scenic byways, scenic backways, highways

Date of Enactment or Last Substantive Amendment:

Authorizing, and Implemented or Interpreted Law: 72-4-303, 63G-3-201

 


Additional Information

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For questions regarding the content or application of this rule, please contact Linda Barrow at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at lindabarrow@utah.gov.