Sec.13b-31e-1. Determination of effect upon designated scenic roads

(a) Determination of effect: Improvements proposed to scenic roads shall be reviewed by the Advisory Committee to evaluate whether the improvements will have a significant effect upon or alter the specific features or characteristics that qualified it to be designated as scenic.

(1) No adverse effect: If the Advisory Committee finds that the proposed improvement will not significantly affect these features or characteristics, the undertaking may proceed as proposed.

(2) Adverse effect: If the Advisory Committee finds that the proposed improvement will have a significant adverse impact on the features or characteristics of the scenic road, it shall:

(A) Notify the Commissioner of their finding.

(B) Return the project to the designer with recommended alternate courses of action that could avoid, mitigate or minimize adverse effects of undertaking on the scenic road. These recommendations could include, but are not limited to, consideration of a waiver of Department or Federal standards, the use of tinted pavements, stone wall replacements and tree or shrub replacements.

(C) If alternatives or waivers are not considered to be feasible by the designer, the Advisory Committee shall make recommendations to the Commissioner as to whether the project should be constructed as proposed.

(D) In all cases, the Commissioner shall make the final determination as to whether to approve or deny the proposed improvements or alterations.

(Effective May 1, 1989)