72-4-303.  Powers and duties of the Utah State Scenic Byway Committee — Requirements for designation — Segmentation — Rulemaking authority — Designation on state maps — Outdoor advertising.

(1)  The committee shall have the responsibility to:

Terms Used In Utah Code 72-4-303

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Committee: means the Utah State Scenic Byway Committee created in Section 72-4-302. See Utah Code 72-4-301
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
  • Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
  • Non-scenic area: means :
(a) any property that is unzoned or zoned for commercial or industrial use adjoining a highway that does not contain at least one of the intrinsic qualities described in Subsection 72-4-303(1)(b) immediately upon the property; or
(b) any property that is unzoned or zoned for commercial or industrial use that contains an intrinsic quality described in Subsection 72-4-303(1)(b) immediately upon the property but the intrinsic quality does not represent the primary use of the property. See Utah Code 72-4-301
  • Person: means :Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Road: includes :Utah Code 68-3-12.5
  • Segmentation: means :
    (a) removing the scenic byway designation from a portion of an existing scenic byway that adjoins a non-scenic area; or
    (b) excluding a portion of a highway from a scenic byway designation where the highway adjoins a non-scenic area. See Utah Code 72-4-301
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State highway: means those highways designated as state highways in Title 72, Chapter 4, Designation of State Highways Act. See Utah Code 72-1-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
    • (a)  administer a coordinated scenic byway program within the state that:

    (i)  preserves and protects the intrinsic qualities described in Subsection (1)(b) unique to scenic byways;

    (ii)  enhances recreation; and

    (iii)  promotes economic development through tourism and education;

    (b)  ensure that a highway nominated for a scenic byway designation possesses at least one of the following six intrinsic qualities:

    (i)  scenic quality;

    (ii)  natural quality;

    (iii)  historic quality;

    (iv)  cultural quality;

    (v)  archaeological quality; or

    (vi)  recreational quality;

    (c)  designate highways as state scenic byways from nominated highways within the state if the committee determines that the highway possesses the criteria for a state scenic byway; and

    (d)  remove the designation of a highway as a scenic byway if the committee determines that the highway no longer meets the criteria under which it was designated.

    • (2) 

    (a)  A highway located within a county, city, or town within this state may not be included as part of a designation or nomination as a state scenic byway, National Scenic Byway, or All-American Road unless the nomination or designation is sanctioned in writing by an official action of the legislative body of each county, city, or town through which the proposed state scenic byway, National Scenic Byway, or All-American Road passes.

    (b)  If a county, city, or town does not give approval as required under Subsection (2)(a), then the portion of the highway located within the boundaries of the county, city, or town may not be included as part of any state scenic byway designation or nomination as a National Scenic Byway or All-American Road.

    (3) 

    (a)  Except as provided in Subsection (3)(d), a non-scenic segment of a state scenic byway, National Scenic Byway, or All-American Road shall be segmented from the byway or road:

    (i)  by the legislative body of the county, city, or town where the segmentation is to occur if:

    (A)  a person or another entity, with the consent of any landowners affected by the segmentation, has requested the segmentation of a portion of a road or highway; and

    (B)  the legislative body of the county, city, or town reviews the segmentation proposed under this Subsection (3)(a)(i); or

    (ii)  by the committee at the written request of the owner of real property that is a non-scenic area adjacent to a state scenic byway, National Scenic Byway, or All-American Road.

    (b)  The legislative body of a county, city, or town shall render a decision on a segmentation request under Subsection (3)(a)(i) within 60 days and may grant segmentation to the person or entity if the property is a non-scenic area.

    (c) 

    (i)  If the legislative body of a county, city, or town denies the request to segment the state scenic byway, National Scenic Byway, or All-American Road under Subsection (3)(a)(i) upon the request of a person or another entity, with the consent of any landowners affected by the segmentation, that person or entity may appeal the denial of the request to the committee.

    (ii)  The committee shall hear and answer an appeal of the denial of a segmentation request within 60 days of a request submitted in accordance with Subsection (3)(c)(i).

    (iii)  If the committee does not render a decision on an appeal in accordance with Subsection (3)(c)(ii), the segmentation request shall be granted if the property is a non-scenic area.

    (d)  A state scenic byway, National Scenic Byway, or All-American Road is not required to be segmented under Subsection (3)(a)(ii) if, within 60 days after the day on which the request is received, the committee demonstrates to an administrative law judge selected by agreement of the owner of real property and the committee where the non-scenic area is located, that the property to be segmented is not a non-scenic area.

    (4)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules in consultation with the committee:

    (a)  for the administration of a scenic byway program;

    (b)  establishing the criteria that a highway shall possess to be designated as a scenic byway, including the criteria described in Subsection (1)(b);

    (c)  establishing the process for nominating a highway to be designated as a state scenic byway;

    (d)  specifying the process for hearings to be conducted in the area of proposed designation prior to the highway being designated as a scenic byway;

    (e)  identifying the highways within the state designated as scenic byways; and

    (f)  establishing the process and criteria for removing the designation of a highway as a scenic byway.

    (5)  The department shall designate scenic byway routes on future state highway maps.

    (6)  A highway within the state designated as a scenic byway is subject to federal outdoor advertising regulations in accordance with 23 U.S.C. § 131.

    Amended by Chapter 152, 2016 General Session

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