18.14.205 REQUIREMENTS OF SCENIC-HISTORIC BYWAY DESIGNATION
(1) The commission may designate roads to be
included as part of the programs and may add or delete roads from the program.
(2) The commission may not designate a road as a scenic-historic byway
without the concurrence of the affected local governments or tribal governments
and the agencies responsible for maintenance and operation of the road.
(3) All land abutting the scenic-historic byway must be either in tribal
government ownership within the boundaries of an Indian reservation or in
(4) The application shall contain an explanation of the manner in which the
byway meets one or more of the intrinsic qualities. In addition, in the application the local
government or tribal government shall set forth, to the extent possible, how
the scenic-historic byway designation will:
(a) enhance the experience of the traveling public;
(b) stimulate or allow for economic development and new
marketing strategies; and
(c) preserve intrinsic resources for the benefit of future
(5) The proposed scenic-historic byway must possess at least one of the
following intrinsic qualities:
(e) archeological; or
(6) The proposed scenic-historic byway must be an existing road that can
safely accommodate expected traffic volumes.
(7) The proposed designation must have concurrence and approval of the
application from local governments, tribal governments and agencies with
jurisdiction of the road and adjacent to the road.
(8) The application shall contain a conceptual plan. This conceptual plan for the corridor shall
describe the process in which a corridor plan is to be developed. The components to be included in the conceptual
plan are how the nominating organization proposes to:
(a) enhance and protect the scenic-historic byway;
(b) develop essential services; and
(c) promote and market the byway on the local and regional
level. A corridor management plan may be
substituted for the conceptual plan.
(9) A corridor management plan must be developed or in development within
two years of a scenic-historic byway designation. A scenic-historic byway will not be signed or
indicated on the state tourism map until the corridor management plan is
complete. The corridor management plan
(a) serve as a visioning tool to provide direction for enhancing
and marketing the corridor, but not as:
(i) a land management
(ii) zoning tool or mandate;
(iii) highway improvement scoping or prioritization
(iv) highway management document;
(b) accommodate commerce and commercial vehicles;
(c) maintain a safe and efficient level of highway services;
(d) preclude the local or tribal government having adopted the corridor
management plan from establishing goals or commitments outside the local or
tribal government's jurisdiction; and
(e) accommodate all jurisdictions affected or to be affected.
(10) A scenic-historic byway should be as continuous as possible; however,
all government entities shall have the right to require that a portion of a
proposed scenic-historic byway abutting in their jurisdiction be excluded from
(11) Each scenic-historic byway must have a management group to provide
long-term oversight and marketing for the road.
(12) The proposed route must be recommended by the advisory council for final
approval by the commission.
History: 60-2-602, MCA; IMP, 60-2-601 and 60-2-602, MCA; NEW, 2005 MAR p. 93, Eff. 1/14/05.