§ 23-1-294 — Advisory Council

Alabama § 23-1-294

• Jurisdiction: Alabama
• Title 23: Highways, Roads, Bridges and Ferries
• Ch. 1: Alabama Highways
• Art. 9A: Alabama Scenic Byways Program

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(a) The Advisory Council shall consist of a member of the Alabama House of Representatives appointed by the Speaker of the House, a member of the Alabama Senate appointed by the Lieutenant Governor, one member appointed by each member of the Designating Committee, three persons appointed from the state at-large by the Governor, and one representative appointed by the Governor from each of the following groups or organizations:
(1) Scenic Alabama.
(2) Alabama Environmental Council.
(3) The outdoor advertising industry.
(4) The Alabama Wildlife Federation.
(5) A business, industry, or trade association or professional organization having its principal programs extending generally throughout the state, and having a demonstrated concern for balancing economic growth with protection for the environment and increased recreational opportunities.
(6) Public utilities.
(7) Tourism associations.
(8) Real estate associations.
(9) Regional planning commissions.
(10) A statewide historic preservation organization.
(11) Forestry interests.
(12) Agricultural interests.
In making these appointments, the Governor shall ensure equitable geographic representation.
(b) Additionally, a member shall be appointed from each of the following departments or organizations:
(1) The United States Department of the Interior, designated by the Secretary of the Interior.
(2) The Alabama League of Municipalities, designated by the president of the league.
(3) The Alabama Association of County Commissions, designated by the president of the association.
(4) The Black Heritage Council designated by the chair of the council.
(5) The Alabama Association of Resource Conservation and Development Councils designated by the chair of the association.
(c) The Advisory Council shall report to the Governor and the Legislature on the progress of the implementation of this article within one year of August 1, 2000, and by January 1 of each year thereafter.
(d) The duties and responsibilities of the Advisory Council shall include the following:
(1) Providing, in the first report, a scenic byways program implementation plan identifying essential components for the Alabama Scenic Byways system, and recommending any actions by the Legislature which may be necessary to implement a cohesive and coordinated scenic byways program that would serve the goals of preserving and protecting scenic, historic, natural, recreational, cultural, and archaeological resources, enhancing recreation, and promoting economic development through tourism and education in the history, culture, and natural beauty of Alabama. An initial inventory of potential scenic byways created for the Department of Transportation and the Alabama Tourism Department may be used in developing the implementation program and considered in the selection of byways.
(2) Developing a process for nominations for scenic byway and nomination criteria.
(3) Advising and consulting with municipalities regarding the process of recommending municipal roads for inclusion in the scenic byways program.
(4) Encouraging towns and municipalities to designate scenic byways within their jurisdictions and to petition the Designating Committee for the inclusion of these byways into the Alabama Scenic Byways program. Such inclusion may enable the municipality to participate in any federal, state, or other funding that may be available.
(5) Encouraging and assisting in fostering public awareness, understanding, and participation in the objectives and functions of the scenic byways program.
(6) Providing municipalities with tools and ideas for the enhancement and protection of designated scenic byways.
(7) Recommending operation and management standards for highways designated as scenic byways, including strategies for maintaining or improving the qualities for which a highway is designated as a scenic byway, and for protecting and enhancing the landscape and view corridors within the public rights-of-way surrounding such a highway, provided that such standards shall have no impact on the facilities or equipment used in the generation, transmission, or distribution of electric power, telecommunications, commercial mobile radio services, broadband services, or existing wireless facilities. However, all new wireless services structures, unless used primarily for educational purposes, shall be reviewed under the terms of this article and shall consider the communication needs of the community and shall not be in conflict with any local, state, and federal laws and regulations.
(8) Recommending standards for scenic byway-related signs, including those which identify highways as scenic byways.
(9) Recommending standards for maintaining highway safety on the scenic byway system.
(10) Recommending measures to safely accommodate the largest variety of scenic byway users, including, but not limited to, persons traveling by automobile, recreational vehicle, motor coach, bicycle, horse, watercraft, or by foot.
(11) Recommending design review procedures for location of highway facilities, landscaping, and travelers facilities on the scenic byway system.
(12) Removing the designation of a highway as a scenic byway if the highway is determined to no longer meet the criteria under which it was designated or has not adequately adhered to its submitted corridor management plan.
(13) Advising on such other matters as may be necessary or desirable to further the purposes of this program.
(14) Evaluating and recommending to the Designating Committee and the Legislature amendments of the statutes and regulations relevant to the furtherance of a cohesive system of scenic byways.
(15) Making recommendations with respect to state regulatory policy consistent with the Alabama Scenic Byways program.
(16) Establishing procedures, standards, guidelines, and plans consistent with federal, state, and local authority and recommend designations accordingly. Until all rules, procedures, guidelines, and standards are established, the federal rules for establishing a corridor management plan shall be utilized.
(17) Recommending for designations and removal of designations as scenic byways in Alabama based on criteria which include, but shall not be limited to, the following:
a. Significant possession of at least one of the following intrinsic qualities: Scenic, historic, natural, recreational, cultural, or archaeological.
b. Demonstration in scenic byway nominations of local, private, and public support.
c. Presence and implementation of a corridor management plan. A corridor management plan is a written document that specifies the actions, procedures, controls, operational practice, and administrative strategies necessary to maintain the scenic, historic, cultural, recreational, archaeological, and natural qualities of the scenic byway.
d. Conducting a public hearing in the area of the proposed designation before a scenic byway is so designated.
(18) Outdoor advertising shall be addressed pursuant to the following criteria:
a. Corridor management plans for individual byways shall include provisions for the regulation of outdoor advertising to conform with applicable federal, state, and local laws, including, but not limited to, 23 U.S.C. Section 131(s).
b. Corridor management plans shall also include provisions for removal of dilapidated and nonfunctional signage within six months.
c. Removal of any antiquated and nonapplicable signs on roads and highways throughout the state within six months.
Notwithstanding the foregoing, nothing in this article shall impede or prohibit the Alabama Department of Transportation from constructing, repairing, or maintaining any highway, road, or bridge or any other matter which falls within the jurisdiction of the Alabama Department of Transportation.

Legislative History

(Act 2000-589, p. 1076, §5.)