18.14.205    REQUIREMENTS OF SCENIC-HISTORIC BYWAY DESIGNATION

(1) The commission may designate roads to be included as part of the programs and may add or delete roads from the program.

(2) The commission may not designate a road as a scenic-historic byway without the concurrence of the affected local governments or tribal governments and the agencies responsible for maintenance and operation of the road.

(3) All land abutting the scenic-historic byway must be either in tribal government ownership within the boundaries of an Indian reservation or in public ownership.

(4) The application shall contain an explanation of the manner in which the byway meets one or more of the intrinsic qualities.  In addition, in the application the local government or tribal government shall set forth, to the extent possible, how the scenic-historic byway designation will:

(a) enhance the experience of the traveling public;

(b) stimulate or allow for economic development and new marketing strategies; and

(c) preserve intrinsic resources for the benefit of future generations.

(5) The proposed scenic-historic byway must possess at least one of the following intrinsic qualities:

(a) scenic;

(b) natural;

(c) historic;

(d) cultural;

(e) archeological; or

(f) recreational.

(6) The proposed scenic-historic byway must be an existing road that can safely accommodate expected traffic volumes.

(7) The proposed designation must have concurrence and approval of the application from local governments, tribal governments and agencies with jurisdiction of the road and adjacent to the road.

(8) The application shall contain a conceptual plan.  This conceptual plan for the corridor shall describe the process in which a corridor plan is to be developed.  The components to be included in the conceptual plan are how the nominating organization proposes to:

(a) enhance and protect the scenic-historic byway;

(b) develop essential services; and

(c) promote and market the byway on the local and regional level.  A corridor management plan may be substituted for the conceptual plan.

(9) A corridor management plan must be developed or in development within two years of a scenic-historic byway designation.  A scenic-historic byway will not be signed or indicated on the state tourism map until the corridor management plan is complete.  The corridor management plan shall:

(a) serve as a visioning tool to provide direction for enhancing and marketing the corridor, but not as:

(i) a land management document;

(ii) zoning tool or mandate;

(iii) highway improvement scoping or prioritization document; or

(iv) highway management document;

(b) accommodate commerce and commercial vehicles;

(c) maintain a safe and efficient level of highway services;

(d) preclude the local or tribal government having adopted the corridor management plan from establishing goals or commitments outside the local or tribal government's jurisdiction; and

(e) accommodate all jurisdictions affected or to be affected.

(10) A scenic-historic byway should be as continuous as possible; however, all government entities shall have the right to require that a portion of a proposed scenic-historic byway abutting in their jurisdiction be excluded from designation.

(11) Each scenic-historic byway must have a management group to provide long-term oversight and marketing for the road.

(12) The proposed route must be recommended by the advisory council for final approval by the commission.

History: 60-2-602, MCA; IMP, 60-2-601 and 60-2-602, MCA; NEW, 2005 MAR p. 93, Eff. 1/14/05.