The process for designation as a Scenic Byway shall be as follows:

(1)           A non‑profit organization, which includes but shall not be limited to a county commission or the governing body of any municipality, may submit an application to the Roadside Environmental Unit of the Department of Transportation with proper Scenic Byway/Highway identification on the envelope;

(2)           Roadside Environmental Unit shall review the application and prepare a written report, which includes findings on the designation criteria set in 19A NCAC 02E .1004 and a recommendation on whether the proposal should be adopted or rejected;

(3)           Proposed routes deemed to have merit based on criteria in 19A NCAC 02E .1004 shall be submitted by the DOH staff to the Board of Transportation for approval or denial;

(4)           At the request of any interested party, the Citizens Participation Unit of the N.C.D.O.T. shall hold a public hearing to consider any proposal recommended for approval;

(5)           If a hearing is requested the proponents of the Byway shall place a legal notice in at least one newspaper in the municipality nearest the proposed Scenic Byway/Highway and in three successive issues.  The notice shall contain the date, time, and location of the hearing and a summary of the proposed designation.  Proponents of the Byway/Highway shall be responsible for the cost of the legal notice.  In addition to the hearing, written comments shall be accepted by the Roadside Environmental Unit for 30 days from the publication of the hearing notice.  If no hearing is requested, written comments may be submitted and shall be accepted for 90 days from the date of application.  A request for public hearing shall be made within 60 days from the receipt of the application.  The hearing shall be held no sooner than 14 days following the last day of the legal notice and no later than 30 days following the last day of the legal notice;

(6)           The Department shall notify the proponent in writing of the Board of Transportation's approval or denial of the proposal;

(7)           The Board may designate any route or section of a route at anytime so long as the Board meets the criteria in 19A NCAC 02E .1004.


History Note:        Authority G.S. 136‑18(5); 136‑122 through 136‑125; 136‑129.2; 143B‑348;

Eff. March 1, 1995;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.