No. 39449 (5-year Review): Rule R926-14. Utah Scenic Byway Program Administration; Scenic Byways Designation, De-designation, and Segmentation Processes

DAR File No.: 39449
Filed: 06/16/2015 06:25:17 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 72-4-303(4) requires the Department of Transportation to make rules, in consultation with the Utah State Scenic Byway Committee, which provide for the administration of a scenic byway program that establishes the criteria for nominating a highway to be designated as a scenic byway; establishing the process for nominating a highway to be designated as a state scenic byway; specifying the process for hearings to be conducted in the area of proposed designation prior to the highway being designated as a scenic byway; identifying the highways within the state designated as scenic byways; and establishing the process and criteria for removing the designation of a highway as a scenic byway. This rule, together with Rule R926-13 satisfies the requirements of Subsection 72-4-303(4), which has been in effect in its present form since 05/12/2009.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Department of Transportation has not received any written comments during and since the last five-year review of the rule from interested persons supporting or opposing the rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The Department of Transportation has satisfied the requirements of Subsection 72-4-303(4) and established processes for nominating state highways for designation as State Scenic Byways, set forth criteria required of a highway to be considered for designation as a state scenic byway; established the process and criteria for removing the designation of a highway as a Scenic Byway; and established the organization and administration of Utah State Scenic Byway Committee with Rule R926-14. Subsection 72-4-303(4) has not been repealed and its requirements remain in effect. Rule R926-14 still serves a valid legal purpose and therefore, it should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Program Development
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]

Effective:

06/16/2015

Authorized by:

Carlos Braceras, Executive Director

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