AN
ACT Relating to a scenic byways designation program; amending RCW 47.39.010,
47.39.030, 47.39.060, and 47.39.080; adding new sections to chapter 47.39 RCW;
repealing RCW 47.39.070; and declaring an emergency.
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 Transportation Equity Act for the 21st Century establishes a national
"scenic byway" program that could benefit state and local roadways,
the Washington state scenic byway designation program is revised to address
state and local transportation routes. 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)) may
include, where appropriate, on any maps, or in any relevant descriptive
material they may prepare at state expense, ((include)) references
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,
Washington-based automobile clubs, state-wide bicycling organizations, and
other interested parties, shall develop by December 31, 1999, criteria for
assessing scenic byways and heritage tour routes 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 the arts, 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; (h) scenic byway
and local and regional byway management plans; and (i) local public involvement
and support for the byway.
(2)
The criteria developed in subsection (1) of this section must not impose nor
require regulation of privately owned lands or property rights.
(3)
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 heritage tour route
designations to the commission for its approval and official designation of the
roadway, path, or trail as a scenic byway or a heritage tour route. All
decisions made by the commission relating to scenic byway and heritage tour
route designations are final.
(4)
The department shall apply the criteria in subsection (1) of this section to
state highways that are currently not a part of the designated scenic and
recreational highway system. The department shall respond to local requests
for route evaluation as defined in subsection (3) of this section.
(5)
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 participate with local communities to develop a corridor
management plan for a state highway nominated to be part of the scenic byway
program. Local, regional, or other governmental bodies shall develop a
corridor management plan for nominated routes that are under their
jurisdiction.
Sec.
6. RCW
47.39.080 and 1993 c 430 s 8 are each amended to read as follows:
Recognizing
that the ((Intermodal Surface Transportation Efficiency Act of 1991)) Transportation
Equity Act for the 21st Century establishes a national "Scenic
Byways" grant program and a new apportionment program called
"Transportation Enhancement Activities," the department of
transportation shall place high priority on obtaining funds from those sources
for further development of a scenic and recreational highways program,
including ((highway heritage)) enhancement projects on the
designated scenic and recreational highway system. The department shall
consider the use of the designated system by bicyclists and pedestrians in
connection with nonmotorized routes in the state trail plan, and the state
bicycle plan which are also eligible for ((ISTEA)) TEA-21
funding. Appropriate signage may be used at intersections of nonmotorized and
motorized systems to demonstrate the access, location, and the
interconnectivity of various modes of travel for transportation and
recreation. For the purposes of leveraging national scenic byway planning
grant funds, the commission may designate eligible state highways as scenic
byways on an interim basis.
NEW
SECTION. Sec. 7. A
new section is added to chapter 47.39 RCW to read as follows:
(1)
The commission may remove the designation of a route if it no longer possesses
the intrinsic qualities or fails to meet the criteria that supported its
designation.
(2)
The department shall determine whether a roadway designated as a national
scenic byway or an 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.
(3)
Local, regional, or other governmental bodies may notify the commission of the
removal of a designated route if they determine it no longer meets the
designation criteria, or community support for the designation no longer
exists, or it no longer possesses the intrinsic qualities that supported its
original designation.
(4)
State or local removal of a designated route will result in discontinued state
support of the designated route and can include, but is not limited to, state
matching assistance for grant applications, the removal of signs directly
related to the byway, free promotional information in the state-owned safety
rest areas, and inclusion in maps, brochures, and electronic media.
NEW
SECTION. Sec. 8. RCW 47.39.070 and
1990 c 240 s 2 are each repealed.
NEW
SECTION. Sec. 9. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and takes effect immediately.
