7 CSR 10-12.010 - Scenic Byways

Current through Register Vol. 46, No. 24, December 15, 2021

PURPOSE: This amendment removes unnecessary language already existing in state law.

(1) The Missouri Highways and Transportation Commission (commission) may designate a road or highway under its jurisdiction as a scenic byway based upon consideration of the factors in section 226.798, RSMo.

(2) The commission shall consider the following factors in designating a road or highway as a scenic byway:

(A) Highway design which preserves and protects the natural beauty or scenery of the area;

(B) Significant scenic, natural, historical, cultural, or recreational resources in the area;

(C) Adequate land area to accommodate safe enjoyment of scenic attractions;

(D) Compatibility of the scenic byway with recreational, aesthetic, and environmental management needs of the area; and

(E) Presence of existing protected areas near or adjacent to the scenic byway such as national forests or federal or state parkland.

(3) (2) If the commission designates a road or highway under its jurisdiction as a scenic byway, it may implement protective measures to preserve and protect the designated road which may include:
(A) Acquisition of scenic easements;
(B) Controlled access; and
(C) Landscaping.
(4) (3) The commission may remove any road or highway under its jurisdiction from the state system of scenic byways after consideration of the factors outlined in section 226.798, RSMo and determination that the road or highway no longer merits designation as a scenic byway.

Notes

7 CSR 10-12.010
AUTHORITY: sections 226.020226.130(2)227.030, RSMo 1986 and 226.797, RSMo Supp. 1990.* Emergency rule filed April 5, 1993, effective April 15, 1993, expired Aug. 3, 1993. Emergency rule filed July 30, 1993, effective Aug. 9, 1993, expired Nov. 29, 1993. Original rule filed April 5, 1993, effective Dec. 9, 1993. Amended by Missouri Register July 15, 2014/Volume 39, Number 14, effective 8/31/2014 Amended by Missouri Register April 16, 2018/Volume 43, Number 8, effective 5/31/2018

*Original authority: 226.020, 226.130 and 227.030, RSMo 1939 and 226.797, RSMo 1990.

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