Enrolled Copy S.B. 28
1 SCENIC BYWAY PROGRAM AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper House Sponsor: Kay J. Christofferson
2
3 LONG TITLE
4 General Description:
5 This bill extends the sunset of the Utah State Scenic Byway Program.
6 Highlighted Provisions:
7 This bill:
8 ▸ extends the sunset of the Utah State Scenic Byway Program for 5 years;
9 ▸ requires a designation of a National Scenic Byway or All-American Road be approved
10 by concurrent resolution;
11 ▸ amends provisions to require designations for state scenic byways be:
12 ● considered by a legislative interim committee; and
13 ● approved by concurrent resolution; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 63I-1-272, as last amended by Laws of Utah 2022, Chapter 259
22 72-4-301.5, as last amended by Laws of Utah 2010, Chapter 195
23 72-4-303, as last amended by Laws of Utah 2016, Chapter 152
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 63I-1-272 is amended to read:
27 63I-1-272 . Repeal dates: Title 72.
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28 (1) Subsection 72-2-121(9), which creates transportation advisory committees, is repealed
29 July 1, 2022.
30 (2) Title 72, Chapter 4, Part 3, Utah State Scenic Byway Program, is repealed January 2, [
31 2025] 2030.
32 Section 2. Section 72-4-301.5 is amended to read:
33 72-4-301.5 . Designation of highways as a National Scenic Byway or
34 All-American Road -- Legislative approval.
35 (1) Except as provided in Section 72-4-304, a highway or state scenic byway may not be
36 nominated for designation as a National Scenic Byway or All-American Road unless the
37 corridor management plan that will be submitted with the application for the highway or
38 state scenic byway to be nominated for designation as a National Scenic Byway or
39 All-American Road is approved by the Legislature by concurrent resolution.
40 (2) (a) In accordance with Subsection (1), the Legislature may, by concurrent resolution:
41 (i) approve the corridor management plan;
42 (ii) approve the corridor management plan with conditions specified by the
43 Legislature; or
44 (iii) deny the corridor management plan.
45 (b) Upon a decision by the Legislature under Subsection (2)(a), the nominating entity is
46 not required to move forward with the nomination for the National Scenic Byway or
47 All-American Road designation.
48 Section 3. Section 72-4-303 is amended to read:
49 72-4-303 . Powers and duties of the Utah State Scenic Byway Committee --
50 Requirements for designation -- Segmentation -- Rulemaking authority --
51 Designation on state maps -- Outdoor advertising.
52 (1) The committee shall have the responsibility to:
53 (a) administer a coordinated scenic byway program within the state that:
54 (i) preserves and protects the intrinsic qualities described in Subsection (1)(b) unique
55 to scenic byways;
56 (ii) enhances recreation; and
57 (iii) promotes economic development through tourism and education;
58 (b) ensure that a highway nominated for a scenic byway designation possesses at least
59 one of the following six intrinsic qualities:
60 (i) scenic quality;
61 (ii) natural quality;
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62 (iii) historic quality;
63 (iv) cultural quality;
64 (v) archaeological quality; or
65 (vi) recreational quality;
66 (c) subject to legislative approval, designate highways as state scenic byways from
67 nominated highways within the state if the committee determines that the highway
68 possesses the criteria for a state scenic byway; [and]
69 (d) subject to legislative approval, remove the designation of a highway as a scenic
70 byway if the committee determines that the highway no longer meets the criteria
71 under which it was designated[.] ; and
72 (e) submit proposed designations or removals to the Legislature as provided in
73 Subsection (7).
74 (2) (a) A highway located within a county, city, or town within this state may not be
75 included as part of a designation or nomination as a state scenic byway, National
76 Scenic Byway, or All-American Road unless the nomination or designation is
77 sanctioned in writing by an official action of the legislative body of each county, city,
78 or town through which the proposed state scenic byway, National Scenic Byway, or
79 All-American Road passes.
80 (b) If a county, city, or town does not give approval as required under Subsection (2)(a),
81 then the portion of the highway located within the boundaries of the county, city, or
82 town may not be included as part of any state scenic byway designation or
83 nomination as a National Scenic Byway or All-American Road.
84 (3) (a) Except as provided in Subsection (3)(d), a non-scenic segment of a state scenic
85 byway, National Scenic Byway, or All-American Road shall be segmented from the
86 byway or road:
87 (i) by the legislative body of the county, city, or town where the segmentation is to
88 occur if:
89 (A) a person or another entity, with the consent of any landowners affected by the
90 segmentation, has requested the segmentation of a portion of a road or
91 highway; and
92 (B) the legislative body of the county, city, or town reviews the segmentation
93 proposed under this Subsection (3)(a)(i); or
94 (ii) by the committee at the written request of the owner of real property that is a
95 non-scenic area adjacent to a state scenic byway, National Scenic Byway, or
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96 All-American Road.
97 (b) The legislative body of a county, city, or town shall render a decision on a
98 segmentation request under Subsection (3)(a)(i) within 60 days and may grant
99 segmentation to the person or entity if the property is a non-scenic area.
100 (c) (i) If the legislative body of a county, city, or town denies the request to segment
101 the state scenic byway, National Scenic Byway, or All-American Road under
102 Subsection (3)(a)(i) upon the request of a person or another entity, with the
103 consent of any landowners affected by the segmentation, that person or entity may
104 appeal the denial of the request to the committee.
105 (ii) The committee shall hear and answer an appeal of the denial of a segmentation
106 request within 60 days of a request submitted in accordance with Subsection
107 (3)(c)(i).
108 (iii) If the committee does not render a decision on an appeal in accordance with
109 Subsection (3)(c)(ii), the segmentation request shall be granted if the property is a
110 non-scenic area.
111 (d) A state scenic byway, National Scenic Byway, or All-American Road is not required
112 to be segmented under Subsection (3)(a)(ii) if, within 60 days after the day on which
113 the request is received, the committee demonstrates to an administrative law judge
114 selected by agreement of the owner of real property and the committee where the
115 non-scenic area is located, that the property to be segmented is not a non-scenic area.
116 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
117 department shall make rules in consultation with the committee:
118 (a) for the administration of a scenic byway program;
119 (b) establishing the criteria that a highway shall possess to be designated as a scenic
120 byway, including the criteria described in Subsection (1)(b);
121 (c) establishing the process for nominating a highway to be designated as a state scenic
122 byway;
123 (d) specifying the process for hearings to be conducted in the area of proposed
124 designation prior to the highway being designated as a scenic byway;
125 (e) identifying the highways within the state designated as scenic byways; and
126 (f) establishing the process and criteria for removing the designation of a highway as a
127 scenic byway.
128 (5) The department shall designate scenic byway routes on future state highway maps.
129 (6) A highway within the state designated as a scenic byway is subject to federal outdoor
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130 advertising regulations in accordance with 23 U.S.C. Sec. 131.
131 (7) (a) Any nomination for designation of a highway as a state scenic byway is subject to
132 approval by the Legislature by concurrent resolution.
133 (b) If the committee supports a designation or removal of a highway as a state scenic
134 byway, the committee shall:
135 (i) notify the Transportation Interim Committee on or before October 1 of the year in
136 which the committee takes action to support the designation or removal; and
137 (ii) provide a report regarding the committee's findings and reasoning for supporting
138 the designation or removal.
139 (c) If the Transportation Interim Committee receives a notification and report as
140 described in Subsection (7)(b), the Transportation Interim Committee shall:
141 (i) consider the proposal and the committee's position; and
142 (ii) determine whether to propose a concurrent resolution to approve or deny the
143 designation or removal.
144 (d) In accordance with Subsections (7)(a) and (c), the Legislature may, by concurrent
145 resolution:
146 (i) approve the scenic byway designation;
147 (ii) approve the scenic byway designation with conditions specified by the
148 Legislature; or
149 (iii) deny the scenic byway designation.
150 (e) Upon a decision by the Legislature under Subsection (7)(d), the nominating entity is
151 not required to move forward with the nomination for the state scenic byway
152 designation.
153 Section 4. Effective date.
154 This bill takes effect on May 1, 2024.
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Statutes affected: Introduced: 63I-1-272, 72-4-301.5, 72-4-303
Enrolled: 63I-1-272, 72-4-301.5, 72-4-303
S.B. 28 1st Substitute (Not Adopted) Text: 63I-1-272, 72-4-301.5, 72-4-303