Section R926-14-8 - Process and Criteria for Removing the Designation of a Highway as a Scenic Byway or Segmentation of a Portion Thereof(1) The committee may de-designate a scenic byway if the intrinsic values for which the corridor was designated have become significantly degraded and no longer meet the requirements for which it was originally designated.(2) The local legislative body may remove designation on a localized segment of a designated byway if the intrinsic values within the segment have become degraded or if the segment being considered was included primarily for continuity of travel along the designated corridor, does not in and of itself contain the intrinsic values for which the corridor was designated, and the segmentation has strong community-based support.(3) Highways that are part of the National Highway System are still subject to certain federal outdoor advertising regulations, regardless of their scenic byway status. When considering a de-designation or segmentation on an National Highway System route, either the committee or the local legislative body should become familiar with the regulatory differences between scenic byway status and National Highway System status, since de-designation or segmentation would not affect the ongoing applicability of National Highway System regulations and may not always produce the desired effect.(4) De-designated corridors and communities or parcels segmented out of the scenic byway designation are no longer subject to byways-related regulations and are no longer eligible for byways-related grants and promotional considerations.(5) Committee processes for de-designation may be initiated by the committee itself or by request from a local legislative body.(6) Segmentation of specific parcels or portions of a scenic byway may be considered directly by the local legislative body of a county, city, or town where the segmentation is proposed, as provided in the Designation of Highways Act, Title 72, Chapter 4. The same public hearing requirements are followed for local legislative actions as are provided herein for committee actions.(7)(a) Alternately, segmentation of specific parcels of property adjacent to a scenic byway may be requested by the property owner by submitting a written request for agency action, as provided in the Administrative Procedures Act, Title 63G, Chapter 4, Part 2.(b) The request for agency action shall contain the information required by Subsection 63G-4-201(3)(a), and shall include a statement why the owner considers the property to be non-scenic as defined in Section 72-4-301.(c) The written request for agency action shall be mailed to the Office of Tourism, Film and Global Branding within GOEO, with a copy of the request mailed to the Program Development Group within the Utah Department of Transportation to the attention of Program Development.(d)(i) Segmentation of property under a request for agency action shall take effect 60 days after receipt of the written request by the Office of Tourism within GOEO, unless the committee demonstrates to an administrative law judge within 60 days, with subsequent action by the administrative law judge, that the property fails to meet the definition of non-scenic area as defined in Section 72-4-301.(ii) Pursuant to Subsection 72-4-303(3)(d), receipt of the request for agency action shall be the date on which the mailed copy of the request is received by GOEO's Office of Tourism.(iii) Requests for Agency Action shall be mailed to: GOEO OFFICE OF TOURISM Attention:
Scenic Byway Committee
300 North State Street
Council Hall / Capitol Hill
Salt Lake City Utah 84114
(iv) A copy of the request for agency action shall be mailed to: Program Development Group of the Utah Department of Transportation
4501 South 2700 West
PO Box 143600
Salt Lake City Utah 84114
(e) A request for agency action involving segmentation is classified as an informal adjudicative proceeding.(8) Requests to the committee for de-designation of state scenic byways shall be submitted by a local legislative body along or adjacent to the scenic byway corridor. Each request shall include discussion of the specific reasons for de-designation. Reasons may include: (a) segment or corridor is no longer consistent with the state's criteria for selection as a scenic byway;(b) failure to have maintained or enhanced intrinsic values for which the scenic byway was designated;(c) degradation of the intrinsic values for which the scenic byway was selected;(d) segment of the byway is not representative of the intrinsic values for which the scenic byway was designated and was included primarily for connectivity; or(e) state scenic byway designation has become a liability to the corridor.(9) Local legislative bodies shall inform the committee and UDOT Program Development of their action to segment within 30 days of the date of the action to segment. The local legislative body shall include the discussion of the specific reasons for segmenting. Reasons may include those identified in Subsections (8)(a) through (d).(10) Parcels on existing byways may not be segmented out of a byway solely for evading state and federal regulations pertaining to byway designation but must also be considered non-scenic or otherwise meet the criteria listed in Subsection (8). However, towns, cities, and counties may remove themselves entirely for any purpose, as provided in the Designation of Highways Act, Title 72, Chapter 4.(11) State and federal highway regulations require that no regulated outdoor advertising be located within 500 feet of a designated scenic area. Therefore, the size of any parcel or parcels being considered for segmentation would need to be large enough to meet that offset requirement.(12) Upon receipt of the local legislative body's action to segment, the committee chair will add the action to the agenda of the next committee meeting.(13) The local legislative body shall provide the committee with the following information at the next committee meeting: (a) the date the local legislative body acted on the request to segment;(b) the defined limits of the segmented portion of the scenic byway, including route and milepost details and definitions;(c) the approved meeting minutes from any relevant public meetings; and(d) a copy of the signed resolution from the local legislative body.(14)(a) If the responsible legislative body has heard and denied a request to segment a state scenic byway, the denial can be appealed to the committee. The appeal must include information regarding the public hearings, minutes of the hearings, including names and addresses of people making comments, a detailed summary of comments made, and proof of public notification.(b) When considering appeals related to segmentations, the committee shall follow Title 72, Chapter 4, Part 3, Utah State Scenic Byway Program.(15)(a) Following discussion of the request or appeal, the committee will vote on the request for de-designation or appeal of the denial of segmentation.(b) The committee will then forward the result of the vote to the requesting local legislative body or appealing party.(c) If the committee approves a de-designation, the committee shall forward the de-designation request to the Legislature for further consideration in accordance with Section 72-4-303.(16)(a) Upon approval of a segmentation by a local legislative body, the local legislative body shall notify the committee and the local byway coordinator of the action taken.(b) Upon receiving notification under Subsection (16)(a), approval of a segmentation by the committee, or approval of a de-designation by the Legislature, the committee shall notify the Utah Office of Tourism, the department, the NSBP, if applicable, and other interested stakeholders and request that the change be reflected in the scenic byway status, on relevant maps, and in relevant materials and website applications identifying scenic byways.(18)(a) Upon receiving notification of segmentation or de-designation, the department shall amend Rule R926-13 to update the description of the byway to reflect the approved changes.(b) The department shall forward to the NSBP any changes that would have a substantive effect on online maps, brochures, or other publications of the NSBP.(c) The department will show substantive changes on the official highway map at its next printing.(19) For purposes of byway program eligibility and subjection to byway regulations, the official date of de-designation or segmentation is: (a) for de-designation, the effective date of the concurrent resolution that approves the de-designation in accordance with Section 72-4-303;(b) for a segmentation considered by the committee or a local legislative body, the date the committee or the local legislative body approves the segmentation; or(c) for a segmentation proposed by a property owner through a request for agency action, as provided in the Administrative Procedures Act, Title 63G, Chapter 4, Part 2, the date described in Subsection (7)(d)(i).Utah Admin. Code R926-14-8
Amended by Utah State Bulletin Number 2016-18, effective 8/23/2016Amended by Utah State Bulletin Number 2024-21, effective 10/22/2024