226.797. Scenic roads and highways system to be established--commission's powers and duties--counties or municipalities may make application, procedure to join or remove from scenic system.
Scenic roads and highways system to be established--commission'spowers and duties--counties or municipalities may make application,procedure to join or remove from scenic system.
226.797. 1. The general assembly finds that certain roadsand highways serve scenic and natural areas and that preserving,protecting, and enhancing such roads and highways for thebenefit of the state of Missouri and improving the coordinationbetween all levels of government in preserving such roads andhighways is of importance to the people of the state, and thatmeasures should be taken in order to provide a means andstimulus for coordinating the preservations, protection,enhancement, enjoyment, and utilization of such roads andhighways.
2. The highways and transportation commission of the stateof Missouri is authorized to create a state system of scenicbyways in order to create and preserve rustic, historic orscenic roads and highways for vehicular, bicycle and pedestriantravel in unhurried, quiet and leisurely enjoyment; to protectand preserve a part of Missouri's transportation history,historic roads and cultures, recreational driving, beauty,trees, vegetation and wildlife by establishing protectivestandards for scenic byway design, access, maintenance,preservation, and identification, which will promote acontinuous system of scenic byways for the public health andwelfare.
3. Any county commission or the governing body of anymunicipality may apply to the Missouri highways andtransportation commission for the designation of any road orhighway, all or part of which is under its jurisdiction, as ascenic byway after a public hearing with at least a thirty-dayprior notice. Unless the commission determines that the road orhighway does not meet the standards for scenic bywaysestablished by the commission pursuant to this section thecommission shall approve the application for designation of theroad or highway as a scenic byway.
4. Any county commission or the governing body of anymunicipality may apply to the commission for the removal of anyroad or highway from the scenic byways system after a publichearing with at least a thirty-day prior notice. Unless opposedby a majority of the residents along the scenic byway or if thecommission determines that the road or highway does not meet thestandards for scenic byways established by the commissionpursuant to this section the commission shall approve theapplication for removal of the road or highway from the scenicbyways system.
5. Roads or highways submitted for designation or removalas scenic byways, which are under the joint jurisdiction of twoor more municipalities, or one or more municipalities and one ormore counties, or two or more counties may not be designatedscenic byways or be withdrawn from the scenic byways system bythe commission until the governing bodies of all affectedmunicipalities and the county commissions of all affectedcounties approve of such designation or removal after publichearings with at least thirty-day prior notices.
6. The county commissions, the municipalities and thecounties shall have the same authority over scenic byways asthey possess over other roads or highways under theirjurisdiction.
(L. 1990 H.B. 1207)