R926-14-10. Requirements for Public Hearings to Be Conducted Regarding Changes to Status of a State Scenic Byway and Related Notifications

  (1) Whenever changes to the scenic byway status of a corridor or of a segment thereof are considered, one or more public hearings must be held for the purpose of receiving the public's views and to respond to questions and concerns expressed before action is taken.

  (2) Upon the receipt of a Request for Agency Action from a property owner to segment property adjacent to a scenic byway, the Chair of the committee shall call a meeting for the committee to consider factors associated with the request, including consideration of information listed in paragraph (4).

  (3) For all other changes to scenic byway status:

  (a) The organization initiating the request for change in status is responsible for arrangement, notification, and execution of the hearing(s). The responsible organization may be:

  (i) an organization (local scenic byway committee, community, county or association of governments) submitting an application or request to the committee;

  (ii) the committee, in the case of a process initiated by the committee itself; or

  (iii) a local legislative body considering a segmentation request.

  (b) The hearing(s) shall be held in the area affected by the proposed status changes.

  (c) Multiple hearings in varied locations may be appropriate, based on the length of the corridor or the affected area within the corridor. The committee chair will review and approve the number and locations of hearings as proposed by the nominating organization to ensure collection of a broad base of public comments throughout the length of the corridor where the scenic byway status changes are proposed.

  (d) The responsible organization shall invite the state committee and the local scenic byway committee to attend the public hearing(s).

  (4) The required public hearing(s) may be held separately, or as an identifiable agenda item of a regular meeting of a local legislative body.

  (5) Notification of all public hearings shall be made as required by the laws governing the responsible organization.

  (6) At a minimum, the following information related to the proposed change in status is to be addressed at each public hearing:

  (a) the impact on outdoor advertising;

  (b) the potential impact of traffic volumes;

  (c) the potential impact of land use along the byway;

  (d) the potential impact on grant eligibility; and

  (e) the potential impact on the local tourist industry.

  (7) The responsible organization shall keep minutes of the hearing, including a detailed summary of comments and the names and addresses of those making comments and shall make these available to the committee, along with proof of required notifications.