Nebraska Administrative Code
Topic - TRANSPORTATION, DEPARTMENT OF
Title 414 - NEBRASKA DEPARTMENT OF ROADS - COMMUNICATION DIVISION
Chapter 1 - Nebraska Scenic Byways Program
Section 414-1-011 - MONITORING AND COMPLIANCE
Current through September 17, 2024
011.01 The Nebraska Scenic Byway Management Committee will monitor the performance of each Byway Management Team in developing and following its Byway Management Plan within 24 months after the byways' date of official designation, or upon completion and approval of each byway's Byway Management Plan, whichever occurs first.
011.02 Each Byway Management Plan must be approved by the Nebraska Scenic Byways Committee. If a Byway Management Team fails to submit an acceptable Byway Management Plan within 24 months of the date of its official designation, that byway will be automatically de-designated on that same date. No replacement byway(s) will be named. The Nebraska Scenic Byways Committee will notify the Byway Management Team in writing 60 days prior to the date of automatic de-designation and again at the date of automatic de-designation. Program benefits will cease immediately upon automatic de-designation.
011.03 The Nebraska Scenic Byways Committee itself will terminate 24 months after the byways' date of official designation, or upon completion and approval of each byway's Byway Management Plan, whichever occurs first.
011.04 Following the termination of the Nebraska Scenic Byway Management Committee and prior to 36 months beyond the date of official designation, monitoring will be the responsibility of the Nebraska Tourism Commission and the Nebraska Department of Roads as the state agencies administering ongoing program benefits. These state agencies may continue to monitor the performance of each Byway Management Team after 36 months beyond the date of official designation.
011.05 The Nebraska Tourism Commission and the Nebraska Department of Roads may cancel any or all benefits within 36 months of the date of official designation as a result of a Byway Management Team's lack of progress in completing or implementing its Byway Management Plan.
011.06 After 36 months beyond the date of the byways' official designation, each program benefit will continue to be delivered only at the sole discretion of the appropriate Lead State Agency (see Section 009). There is no commitment on the part of any Nebraska state agency to continue any program benefit of the Nebraska Scenic Byways Program beyond 36 months after the date of the byways' official designation. The Nebraska Tourism Commission and the Nebraska Department of Roads may cancel any or all program benefits, including removal of byway logo route markers, after 36 months beyond the date of official designation for any reason. There is also no prohibition preventing any Nebraska state agency from continuing any program benefit of the Nebraska Scenic Byways Program beyond 36 months after the date of the byways' official designation.
011.07 Except in the case of automatic de-designation, 60 days prior to canceling ongoing program benefits, the director of the applicable agency will notify the affected Byway Management Team in writing. If the Byway Management Team is no longer in existence, written notification will be provided to the clerks of all municipalities and counties within a 40-mile radius of the designated byway. Upon subsequent evidence of corrective action and/or extenuating circumstances, the director will determine whether to revoke, delay or proceed with such cancellation.
011.08 There will be no further Scenic Byways designated under this program beyond the Director-State Engineer's one-time designation referred to throughout these regulations.
