290 R.I. Code R. 290-RICR-50-00-1.5

Current through December 26, 2024

Section 290-RICR-50-00-1.5 - Procedures for Designation of Scenic Roadways

A. Who May Apply for Scenic Designation of a Road.

1. The Director of the Rhode Island Department of Transportation may apply to the Board for designation of any state highway as a scenic roadway.

2. The governing body of any municipality may apply to the Board for designation of any road within the borders of the municipality as a scenic roadway. In the case of a municipality that nominates a state highway, the municipality shall notify the Director of the Rhode Island Department of Transportation regarding the nomination. The Director shall have thirty (30) calendar days to comment on the application.

B. Application Form. Application for designation of a roadway shall be made on the form provided by the Board. Using the form, an application shall include all information required in §§ 1.5(B)(1) through (8) of this Part. Any incomplete application will not be considered.

1. That one or more of the scenic criteria as set forth in § 1.4 of this Part are present on the road which is proposed for designation;

2. That singly or in combination, the scenic elements create an unusually attractive, continuous and integrated travelling experience for motorists, bicyclists, or pedestrians;

3. What measures the municipality has taken, or will take, to preserve and enhance the scenic character of the roadway which is the subject of the application. Such measures may include, but are not limited to regulation of land use, land and site planning, control of outdoor advertising, control of earth moving and landscaping, the design and appearance of structures and equipment, and public education;

4. Whether the road is or will be actively promoted for use by tourists.

5. In the case of a nomination by a municipality, the application shall include a certified record of the vote of the governing body approving of the filing of the application. The application shall also describe the public hearing or other measures taken by the municipality to inform owners of the properties abutting the roadway and other interested parties about the application. If the nomination includes a state highway, the application shall also include a copy of the notice given to the Director of RI Department of Transportation;

6. In the case of a nomination by the Director of the RI Department of Transportation, the application shall include a copy of the notice given to the governing body of the municipality or municipalities in which the highway is located;

7. A list of owners of properties abutting the proposed scenic roadway which identifies the property owned and includes the owners' mailing addresses and a copy of the written notice used to inform owners of said nomination. The list of owners shall be compiled from the records of the local tax assessor; and

8. The dimensions of the road, including width, available shoulder, if any, grade, intersections and traffic signals also shall be disclosed within the application.

9. The Board reserves the right to request additional information if needed for full evaluation of the application.

C. Public Notice and Hearing. A public hearing shall be held prior to the approval or denial of any application for designation of a scenic roadway by the Board.

1. Newspaper publication. Notice of the scheduled public hearing shall be published in a newspaper of general circulation within the geographic area of the roadway which is proposed for designation. Such notice shall be published fifteen (15) to thirty (30) days before the hearing date.

2. Mailing of notice. Written notice of the scheduled hearing shall be mailed by first class mail to the Director of RIDOT, the chief elected official and governing body of the municipality, to the owners of the properties fronting the road for which designation is proposed, to appropriate media, and to others who have requested notice. The list of owners shall be compiled from the records of the local tax assessor.

3. Content of notice. Each notice shall state the date, time, and place of the hearing and contain a brief description of the area included in the proposed scenic roadway designation. The notice shall announce the availability of the complete application and where it may be obtained or reviewed. A copy of the application with attachments shall be made available for review at the office of the Town or City Clerk in the municipality where the proposed roadway is located. The notice shall also state where written statements may be sent in advance of the hearing date.

4. Opportunity for public comment. At the hearing, members of the public will be given an opportunity to present oral or written comments on the proposed scenic roadway designation.

D. Action by the Board on the Application. An application shall be approved or disapproved by a majority of the Board members at a meeting held following the public hearing.

1. Written notice of the Board's action and a statement of the reasons for the action shall be sent to the chief elected official and governing body of the municipality in which the roadway is located and to the Director of the RI Department of Administration (Statewide Planning Program) and to the Director of the RI Department of Transportation.

E. Records. The Board shall maintain a list of Rhode Island's designated scenic roadways together with a copy of the application documentation accepted by the Board.

F. Review of Previous Scenic Designation. The Board may review previous scenic designations to determine if changes have occurred which affect the roadway's scenic resources and to consider whether the roadway continues to satisfy the criteria as set forth in § 1.4 of this Part for designation. The Board may request the assistance of the original applicant or other interested parties in such review. Based on its review, the Board may choose to retain the designation, to request withdrawal of the designation, to request remedial action to retain the designation, or to request the expansion or reduction of the limits of the designation.

G. Withdrawal of Scenic Designation. The Director of the RI Department of Transportation may apply to the Board for the withdrawal of the scenic roadway designation of a state highway, or the governing body of a municipality may apply to the Board for the withdrawal of the scenic roadway designation of a road located within the municipality, or the Board itself may propose the withdrawal of the scenic designation of a road. The application for withdrawal of the scenic designation shall be made in writing and shall contain documentation of destruction or adverse changes to the designated road's scenic resources and/or evidence that the designation is no longer desired. Prior to acting on the application, the Board shall provide notice and hold a public hearing in the same manner as for designation, § 1.5(C) of this Part. An application for withdrawal of scenic designation may be approved or denied by a majority of the Board members at a meeting following the public hearing. The Board may reduce the area of a previous scenic designation as an alternative to withdrawal of the entire designation.

1. Provided, however, that no application for removal of a highway or road, or portion thereof, from the scenic highways system, shall be approved unless the owners of a majority of the lineal lot frontage abutting the highway or road agree to the removal by filing an application with the director or governing municipal body, within the sixty (60) days immediately preceding the application, a written statement or statements agreeing to the removal.

290 R.I. Code R. 290-RICR-50-00-1.5