N.M. Admin. Code § 18.31.2.8

Current through Register Vol. 35, No. 23, December 10, 2024

Section 18.31.2.8 - ROUTE NOMINATION ACCEPTANCE PROCEDURES FOR STATE SCENIC BYWAY DESIGNATION

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.

N.M. Admin. Code § 18.31.2.8

Recompiled 11/16/01