Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
177.571,
177.572,
177.573,
177.574,
177.575,
177.576
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
177.573 requires the Transportation Cabinet
to prescribe by administrative regulation, criteria for scenic highways and
byways designation and a process for the nomination, review, designation and
removal of a road as a scenic highway and byway.
Section 1. "Kentucky Scenic Highways and
Byways Guidelines and Application" Form TC 52-200 shall govern the
Transportation Cabinet's Scenic Highways and Byways Program.
Section 2. Removal of Scenic Highway and
Byway Designation.
(1) When the Transportation
Cabinet is notified that a road or road segment meets the criteria required to
remain in the system, the Transportation Cabinet shall research the claim and
make a determination on the removal of the scenic designation.
(2) The Transportation Cabinet shall notify
interested individuals of the decision.
(3) Appeal procedures.
(a)
1. A
party aggrieved by the action of the Transportation Cabinet pursuant to the
provisions of this administrative regulation within twenty (20) days of the
date of the action may file a written appeal with the Transportation Tourism
Interagency Committee.
2. The
appeal shall set forth in detail, the nature of the complaint and the grounds
for the appeal.
(b) The
appeal shall be placed on the agenda for the next Transportation Tourism
Inter-agency Committee (TTIC) meeting. The Transportation Tourism Interagency
Committee shall issue a recommendation on the appeal within sixty (60) days to
the Secretary of Transportation.
(4) The Secretary of Transportation shall
issue a decision on the appeal within ten (10) days.
Section 3. Incorporation by Reference.
(1) "Scenic Highways and Byways Guidelines
and Application" TC 52-200, (2/99 Edition), Transportation Cabinet, is
incorporated by reference.
(2) It
may be inspected, copied, or obtained at Transportation Cabinet, Department of
Highways, Division of Transportation Planning, 501 High Street, Frankfort,
Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
177.573
