Missouri Code of State Regulations
Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION
Division 10 - Missouri Highways and Transportation Commission
Chapter 12 - Scenic Byways
Section 7 CSR 10-12.030 - Nomination Review Process
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment removes unnecessary requirements in the nomination review process not found in state statute and eliminates the requirement of a biennial review.
(1) Initial Screening. The Missouri Department of Transportation is responsible for the initial screening of all nomination application packages. The completeness and accuracy of the application and the zoning of the proposed byway is reviewed.
(2) Scenic Byways Advisory Committee (SBAC) Review. The application package of the nominating organization, the data report compiled by the Missouri Department of Transportation, and the letters of intent from the affected governing bodies are then presented to the SBAC for their preliminary review.
(3)SBAC. The SBAC consists of a member from each of the following:
(4) Evaluation of Scenic Qualities. The SBAC evaluates the following qualities regarding scenic byway nomination in its initial review:
(5) Rating Scale. This evaluation includes results of a matrix rating scale used for prioritization of proposed scenic byways. This rating scale is available from the Missouri Department of Transportation, Attention: Scenic Byways Advisory Committee, PO Box 270, Jefferson City, MO 65102, or by visiting http://www.modot.org/scenicbyways/.
(6) SBAC Recommendation. Following initial review, SBAC shall then either-
(7) Notice of Intent. Upon SBAC recommendation, the Missouri Department of Transportation provides written notice of its intent to designate the road or highway as a scenic byway to newspapers of general circulation in the area(s) affected and to the governing body of each county and each municipality that has jurisdiction over all or part of the route.
(8) Final SBAC Review. SBAC is responsible to review all information including the application package and summary of the public hearing prior to making a final recommendation.
(9) Approval or Rejection by Commission. The final step in the nomination process is to receive approval or rejection from the Missouri Highways and Transportation Commission. The commission may, by commission minute, approve the designation of the road or highway as a scenic byway if the commission determines the road or highway will promote a continuous system of scenic byways for the public health and welfare. If the commission rejects such nomination, the applicant is given ninety (90) days after receipt of the commission's rejection to correct any deficiencies in the nomination.
(10) Agreement Following Designation. After official designation as a scenic byway by the Missouri Highways and Transportation Commission, a written agreement between the commission and affected governing bodies is required and includes:
(11) Signs. The Missouri Department of Transportation manufactures and installs standard signs along all state scenic byways. Additional signs may be purchased and installed by affected governing bodies subject to department approval.
(12) Outdoor Advertising. Upon official designation by the commission, no new advertising devices which are visible from the highway may be erected, except the following exceptions provided in section 226.520, RSMo:
(13) Periodic Review. Designated byways are subject to periodic review by the Missouri Highways and Transportation Commission with emphasis on the implementation of measures to ensure maintenance and enhancement of their scenic, historical, cultural, recreational, and natural features. Failure to maintain and protect the scenic appearance of a byway may result in termination of official designation by the commission.
*Original authority: 226.020, RSMo 1939; 226.150, RSMo 1939, amended 1977; 226.797, RSMo 1990 and 226.798, 226.799 and 226.801, RSMo 1995.