BP BHEAD INT S [atlas:bill]

AN ACT Relating to a scenic byways designation program; amending RCW 47.39.010, 47.39.030, and 47.39.060; and adding new sections to chapter 47.39 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 47.39.010 and 1967 ex.s. c 85 s 1 are each amended to read as follows:

There is hereby created a scenic and recreational highway system. Highways in this system shall be developed and maintained in accordance with general standards for state highways of comparable classification and usage.

Recognizing that the Intermodal Surface Transportation Efficiency Act of 1991 establishes a national "scenic byway" program that could benefit state and local roadways, a Washington state scenic byway designation program is created. Byways in this program must be designated and maintained in accordance with the criteria developed by the department under this chapter. However, a highway so designated under section 4 of this act does not become part of the scenic and recreational highway system unless approved by the legislature.

Sec. 2. RCW 47.39.030 and 1984 c 7 s 207 are each amended to read as follows:

(1) The department shall pay from motor vehicle funds appropriated for construction of state highways, the following costs of developing and constructing scenic and recreational highways: (a) Acquisition of the right of way necessary for state highway purposes; (b) construction of the portion of the highway designed primarily for motor vehicle travel; (c) exit and entrance roadways providing access to scenic observation points; (d) safety rest areas; (e) roadside landscaping within the portion of the highway right of way acquired by the department for state highway purposes; (f) the uniform signs and markers designating the various features and facilities of the scenic and recreational highways; and (g) any additional costs of constructing and developing the scenic and recreational highways, including property acquisition adjacent to highways as authorized by RCW 47.12.250, for which the department shall receive reimbursement from the federal government or any other source.

(2) The parks and recreation commission shall pay the costs of developing and constructing the scenic and recreational highways not provided for in subsection (1) of this section from any funds appropriated for such purposes.

(3) The costs of maintaining the scenic and recreational highway system shall be allocated between the department and the parks and recreation commission in the same manner that costs of developing and constructing such highways are allocated in subsections (1) and (2) of this section.

(4) The city, town, county, regional transportation planning organization, federal agency, federally recognized tribe, or any other such party that nominates a roadway not located on a state-owned right of way for designation as a scenic byway shall bear all costs relating to the nomination and designation of the byway, such as costs for developing, maintaining, planning, designing, and constructing the scenic byway.

Sec. 3. RCW 47.39.060 and 1984 c 7 s 209 are each amended to read as follows:

The department and the parks and recreation commission shall on any maps, or in any relevant descriptive material they may prepare at state expense, include reference to those portions of highways designated in RCW 47.39.020 and may include those designated byways by appropriate color or code designation.

NEW SECTION. Sec. 4. A new section is added to chapter 47.39 RCW to read as follows:

(1) The department, in consultation with the department of community, trade, and economic development, the department of natural resources, the parks and recreation commission, affected cities, towns, and counties, federally recognized tribes, regional transportation planning organizations, state-wide bicycling organizations, and other interested parties, shall develop by December 31, 1998, criteria for assessing scenic byways and local and regional byways and an appropriate method of nomination and application for the designation and removal of the designation of the byways. Factors the department may take into consideration, but is not limited by, are: (a) Scenic quality of the byway; (b) natural aspects, such as geological formations, water bodies, vegetation, and wildlife; (c) historic elements; (d) cultural features such as crafts, music, customs, or traditions of a distinct group of people; (e) archaeological features; (f) recreational activities; (g) roadway safety including accommodations for bicycle and pedestrian travel, tour buses, and automobiles; and (h) scenic byway and local and regional byway management plans.

(2) Any person may nominate a roadway, path, or trail for inclusion in the scenic byway program. The department shall assess nominations in accordance with the criteria developed under subsection (1) of this section. The department shall submit its recommendations for scenic byway and local and regional byway designations to the commission for its approval and official designation of the roadway, path, or trail as a scenic byway or a local and regional byway. All decisions made by the commission relating to scenic byway and local and regional byway designations are final.

(3) Once the commission has designated a roadway as a scenic byway, the department may submit an individual nomination to the Federal Highway Administration for its consideration of whether the roadway qualifies to be designated as a national scenic byway or an all-American roadway.

NEW SECTION. Sec. 5. A new section is added to chapter 47.39 RCW to read as follows:

The department shall develop a scenic byway management plan for a state highway nominated to be part of the scenic byway program. Local, regional, or other governmental bodies shall develop a scenic byway management plan for nominated scenic byways that are under their jurisdiction.

NEW SECTION. Sec. 6. A new section is added to chapter 47.39 RCW to read as follows:

(1) The commission may remove the designation of a byway if the byway no longer possesses the intrinsic qualities nor meets the criteria that supported its designation.

(2) The department shall determine whether a roadway designated as a national scenic or all-American roadway is being properly maintained in accordance with the roadway's byway management plan, including preserving the intrinsic qualities that originally supported the designation. When the department determines that the intrinsic qualities of a national scenic byway or all-American roadway have not been maintained sufficiently to retain its designation, the department shall notify the party responsible for maintaining the designation of the finding and allow the party an opportunity, under federal regulations, for corrective action before formal removal of the designation of the roadway.