New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 31 - CLASSIFICATION AND DESIGN STANDARDS FOR HIGHWAYS
Part 2 - NEW MEXICO SCENIC AND HISTORIC BYWAYS PROGRAM
Section 18.31.2.8 - ROUTE NOMINATION ACCEPTANCE PROCEDURES FOR STATE SCENIC BYWAY DESIGNATION
Universal Citation: 18 NM Admin Code 18.31.2.8
Current through Register Vol. 35, No. 18, September 24, 2024
A. Introduction:
(1) The Scenic and Historic
Byways Program began as part of the Intermodal Surface Transportation
Efficiency Act (ISTEA) initiated in 1991. The SHTD administers the Program with
funds provided by the Federal Highway Administration for the purpose of
protecting the scenic, historic, recreational, cultural, natural and
archaeological integrity of New Mexico's highways and adjacent areas.
(2) The national funding level for the
Program is established by Congress for a number of years. States compete for
grant monies, annually. Funding is available each year for safety improvements,
construction of pedestrian-use facilities, highway improvements to enhance
scenic area access, protection of historical and cultural resources, and for
the development of tourist information.
(3) The Program is two-part: 1) nominating a
route for designation into the Scenic and Historic Byways System, and 2)
applying for grant monies for a proposed eligible project on a state scenic
byway. A route nomination can be submitted to SHTD at any time. A grant
application can be submitted when applications are being accepted.
(4) The SHTD Scenic Byways Program
Coordinator ("Coordinator") will announce to all Regional and Metropolitan
Planning Organizations (RPOs and MPOs), various organizations known to have an
interest in the program, and others when grant applications are being accepted
and the deadline for submitting them (usually June).
(5) The SHTD formed the Scenic and Historic
Byways Advisory Council (SHBAC) which is composed of 17 members from various
government agencies or public organizations. The SHBAC has established the
requirements and procedures for the program and is the final authority for
determining what route nominations and grant applications are submitted for
approval by the State Highway Commission (SHC).
(6) This document outlines the procedures and
criteria for both nominating a route for designation as a scenic byway, and for
applying for a grant for an eligible project on a state scenic byway.
B. Route Nomination Requirements:
(1) route sponsors are local historical
societies, cultural organizations, government agencies, chambers of commerce or
other similar groups that serve as focal points for originating and developing
the nomination.
(2) A route sponsor
must be recognized by the RPO or MPO as representing an interest in the scenic
or historical development of that area.
(3) RPOs/MPOs from adjacent geographical
areas are encouraged to coordinate on the sponsorship of a nominated route that
is of mutual interest.
(4) The
proposed state scenic byway shall be evaluated by the following criteria:
(a) The extent it possesses one or more of
the following characteristics: unusual or distinctive scenic, recreational,
historical, educational, geological, archaeological, natural, cultural, or
ethnic features;
(b) Suitability
for the prescribed type(s) of vehicular use;
(c) Existing route with legal public access
and use; and
(d) Strong local
support with proponents demonstrating coordination with relevant
agencies.
(5) The
nomination must be accompanied by a conceptual management plan as specified in
the application process.
C. Route Sponsor's Responsibilities:
(1) Evaluate the proposed route to assure
that it meets the criteria established by the SHBAC and outlined in this
document.
(2) Demonstrate that the
route nomination has strong local support, as follows:
(a) Initiate public meetings to gain strong
local support from community leaders, citizens, and agencies having
jurisdictional authority over the roadway [for example, U.S. Forest Service
(USFS), Bureau of Land Management (BLM), National Park Service (NPS), or Bureau
of Indian Affairs (BIA)].
(b)
Assure that local zoning ordinances comply, or will comply, with the
restriction on the erecting of new billboards along the proposed
route.
(c) Make a preliminary
presentation to the appropriate RPO/MPO for the purpose of gaining its support
for the route nomination. The presentation should address the requirements for
route nomination and should include exhibits, pictures and a map of the
proposed route. The Coordinator should receive a copy of the presentation
package prior to the RPO/MPO meeting.
(d) Present the final route nomination
application to the appropriate RPO/MPO. The nomination application should
include finalized plans for promotion, development, and corridor management of
the proposed route.
(e) If approved
by RPO/MPO, the sponsor shall submit the final route nomination application
with a letter of recommendation from the RPO/MPO to the program
coordinator.
D. RPO/MPO responsibilities:
(1) Evaluate route nomination applications to
assure that it meets the requirements.
(2) Each RPO/MPO may submit one route
nomination per each county within the planning organization or a maximum of
five candidates, whichever is greater. If more than one application is
submitted, a priority order should be indicated.
(3) RPO/MPO's recommendations should be
submitted to the Coordinator. The Coordinator will present the nomination
package(s) at the next SHBAC meeting for evaluation and recommendation. Upon
SHBAC's recommendation, the Coordinator will present the nomination package(s)
to the SHC for final approval of the proposed route(s) as official New Mexico
Scenic and Historic Byways.
E. SHBAC's responsibilities:
(1) Evaluate nominations submitted by the
RPO/MPOs. Conduct site visits as necessary. This may be accomplished through
the Coordinator.
(2) Submit
recommended routes for consideration and approval to the SHC. This may be
accomplished through the Coordinator.
(3) Prepare and make a presentation to the
SHC, as necessary. This may be accomplished through the Coordinator.
(4) Monitor development, operation and
maintenance of projects that have receive Program funds. This may be
accomplished through the Coordinator.
(5) Should the SHBAC become aware, either
through its own monitoring activities or from external sources, that a
designated scenic byway is not being managed in accordance with the management
plan submitted by the route sponsor, or otherwise no longer meets established
eligibility criteria, the SHBAC shall:
(a)
Notify the route sponsor through the RPO/MPO of its concerns. This notification
shall advise the sponsor that if the noted deficiencies are not resolved, the
route may be removed from the New Mexico Scenic and Historic Byways System. The
Sponsor shall be afforded a period of six months to correct the deficiencies or
otherwise appeal the SHBAC decision.
(b) Following this notification period the
SHBAC may, at its discretion, remove the route from the New Mexico Scenic and
Historic Byways System. This action does not impact scenic byways designations
made by other agencies, such as, USFS, BLM, BIA, NPS.
(c) Areas identified as lacking the unusual
or distinctive features (intrinsic values), included in the Scenic and Historic
Byways Program criteria, may be excluded or segmented from existing or future
byway designation.
F. Route Nomination - Minimum Application Requirements:
(1) Format:
(a) Use 8 1/2" x 11" paper, vertically bound
on the left side, with the capacity to add or delete material without
destroying the binder.
(b) Provide
a cover sheet with the proposed project name, route number, termini (identified
with mileposts), sponsor's name, and date.
(c) Prepare a cover letter addressed to the
Scenic and Historic Byways Program Coordinator, NMSHTD, P. O. Box 1149 (SB-1N),
Santa Fe, New Mexico 87504-1149.
(d) Prepare a table of contents.
(e) Prepare the report with the information
outlined under headings.
(f)
Photographs included in the report for information and documentation should be
enclosed in acetate sheet protectors on black background or in clear vinyl
sheet holders.
(g) The application
shall contain no more than 13 pages. (Suggest no more than 3 pages of text
followed with up to 7 pages of exhibits, pictures, maps, etc.) Four (4)
originals and five (5) reproductions of the nomination package shall be
submitted to the RPOs/MPOs.
(2) Statement of Significance - Briefly
describe the route that is being nominated and why it should become a State
scenic byway.
(3) Road Section of
Areas - The road sections or areas recommended for designation should be
clearly described by a written paragraph and should be depicted on standard,
published maps. Information concerning the entity responsible for the roadway
should be included. The written description should include the general location
within the state, the county, road name and number, length, mileposts, adjacent
cities, direction of road and area or width of the zone of influence.
(4) Maps - Maps to be included in the report
should be of a quality published by the United States Geological Survey, SHTD,
the county or the city. The area to be depicted should be at a scale that will
maximize the space on the 8 1/2" x 11" sheet. If a larger map is used it shall
be folded and placed in a pouch at the back of the report. The area designated
shall be delineated with marking pens or similar instruments of legible
quality. Interesting, relevant points should be labeled.
(5) Local Support - Identify the
individual(s) or organization(s) preparing the nomination. Show evidence that
local counties, communities, agencies, land owners and private citizens .have
been involved in the nomination process. A public meeting is not required,
however, it is recommended as a suitable method of demonstrating
support.
(6) Conceptual/Management
Plan:
(a) Discuss how the nominating
organization proposes to promote and market the route on the local and regional
level. Include promotional activities, placement of scenic or historic markers
and proposed improvements or development along the route.
(b) Describe the availability of financial
resources with which to upgrade, promote, and otherwise make the scenic road
and its corridor available for its intended uses. If no funding is presently
available, indicate how the organization plans to locate funding
sources.
(c) Describe how the route
will be managed to allow for future public use and development along the route
and include evidence of a commitment to preserve the intrinsic qualities of the
proposed byway.
(7)
Inventory of Significant Findings - The inventory of natural, cultural, and
visual resources is the main focus of the designation evaluation. It must be
descriptive and provide complete and convincing information. The inventory
should contain the following information as applicable to the road area under
consideration:
(a) Natural Resources -
Natural resources should be depicted on maps and described in written form.
Areas of importance to the road designation should be sufficiently detailed.
Natural resources are comprised of five distinct features
(i) Geology - Geology is the description of
the physical history of the earth and the rocks and soil of which it is
composed. This section should contain information on the bedrock strata,
sections and rock outcrops, and the surface geology and soil types.
(ii) Hydrology - Hydrology contains
information that addresses the occurrence, circulation and distribution of
water. This section should contain information of interest about groundwater
tables, aquifers and recharging basins. Surface drainage comprised of streams
and bodies of water should also be inventoried.
(iii) Climate - The climate of the area
should be comprised of the prevailing weather condition of the area. Issues
such as the temperature, precipitation and seasonal distribution and prevailing
winds should be addressed in this section.
(iv) Biota - The biota portion of the report
shall contain a description of the living matter contained within the study
area. This should outline the biotic communities, plants, animals, birds,
insects and fish within the area. It should also contain information on the
ecosystem values, changes and controls as they pertain to the proposed
designation.
(v) Topographic - The
topographic resources of the area are comprised of the land conformation and
natural resources. The natural resources are comprised of relief, land form,
water and vegetative cover.
(b) Cultural Resources - Cultural resources
are the fragile, limited, and non-renewable portions of the human environment.
They are comprised of the cultural heritage contained in civilization. Cultural
resources should also inventory the man made features comprised of travel ways,
buildings and structures, site improvements and changes, and utilities
easements and constructs. They include:
(i)
Architectural resources - Structures, landscaping or other human constructions
that possess artistic merit which are particularly representative of their
class or period, or which represent achievements in architecture, engineering,
technology, design or scientific research and development.
(ii) Historical resources - Sites, districts,
structures, artifacts or other evidences of human activities that represent
facets of the history of a nation, state or locality; places where significant
historic or unusual events occurred, even though no physical evidence of the
event remains, or places associated with a personality important in
history.
(iii) Archaeological
Resources - Occupation sites, work areas, evidence of farming or hunting and
gathering, burials and other funerary remains, artifacts, and structures of all
types, usually dating from prehistoric or aboriginal periods, or from historic
periods and non-aboriginal activities for which only vestiges remain.
(iv) Cultural Development - Cultural
resources also encompass the historic development of civilization. These should
include political/governmental development, socio/cultural and
technological/economic impacts of civilizations on the study area.
(v) The information presented should deal
with the impact of the road or area and what influence it has had in history.
Focus on how it helped shape society on a local, state, and/or national level.
The information may have been documented by a historical organization. Cultural
resources should be depicted on maps, when applicable, and described in written
form. Areas of importance to the road designation should be sufficiently
detailed. For the historic designation of a route, the cultural resources
section should comprise the main body of the report.
(c) Visual Resources - Visual resources are
created by the physical components of the natural and cultural resources in the
landscape. These components are so arranged that they make up the visual
character of a landscape and distinguish it from others. Whereas natural and
cultural resources may be well documented, their visual character requires
direct observation in order to determine visual quality. Successful visual
quality assessment requires two essential steps:
(i) The establishment of Landscape Assessment
Units:
1) the selection of appropriate
viewpoints, and
(2) the
classification of the viewpoints scenic element.
(ii) An evaluation of the visual quality of
the landscape for each of the Landscape Assessment
Units.
(8)
Desirable Zone of Influence - The area, on either side of roadway, that would
be necessary to protect the resources from damaging encroachments must be
defined. These areas will generally be the same as that which can be seen from
a viewpoint, but need to be clarified. They can be illustrated on a
map.
(9) Land Ownership - Describe
and illustrate the land ownership along the roadway. Use the following general
categories: federal, state, city, Native American reservation or
private.
(10) Land Use - Describe
and illustrate the land uses along the roadway. Use the following categories:
residential, commercial, industrial, agricultural, government, conservational,
or recreational.
(11) Land Zoning -
Describe and illustrate the zoning along the roadway. Consult local zoning
boards for this information.
(12)
Photographs and Supportive Materials - Provide photographs and other
information that document the scenic or historic significance of the roadway.
Newspaper, magazine articles or other sources may be cited. Include letters
from local agencies or groups indicating their concern with the proposed
designation.
(13) Recommendations -
List recommendations to protect or enhance the unique features and special
natural or cultural resources on the area. Examples of recommendations are:
(a) Modification to structures and signs;
(b) Pruning or removal or addition
of plant materials;
(c) Enhancement
of historical markers;
(d) Erosion
control;
(e) Addressing vehicular
and pedestrian traffic;
(f)
Compliance with area planning and zoning;
(g) Location of scenic viewpoints;
and
(h) Restoration of vegetative
cover in disturbed areas.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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