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House approves scenic byway amendments giving property owners new segmentation path
Summary
The House adopted second substitute HB 407 and passed the measure 58-8. The bill clarifies segmentation rules for scenic byways and adds an option for private property owners to seek review by an administrative law judge when disputing inclusion in a scenic corridor.
Representative Noel presented second substitute House Bill 407, describing it as a measure that "allows a private property owner whose property may have been designated along or his property along an adjacent scenic highway" to pursue segmentation. Noel said the bill preserves existing county and committee processes while adding an option for property owners to seek an administrative-law-judge review.
During floor questions, Representative Arant asked whether a business adjacent to Scenic Byway 12 could "put up any sign that I'd like to put up there." Noel responded that signage and construction are still governed by local zoning and county ordinances and that "this is only for the segmentation portion of it." He described two processes: a county/legislative-body review or a direct petition to the Utah State Scenic Byway Committee, and in the private-owner option an administrative law judge would be selected by agreement of the owner and the committee.
Members pressed for details about the administrative selection process and the 30-day time frame. Representative Tanner expressed concern that the language could allow a private property owner to prevail if parties could not agree on an administrative law judge quickly. Noel said the language came from reviewing parties, including tourism and local governments, and that the measure "stays the process that's in place" while providing an additional mechanism for property owners.
Representative Bridal moved the second substitute and it was adopted. The House then passed second substitute HB 407, with the clerk later announcing the bill had "received 58 yes votes, 8 no votes" and will be retransmitted to the Senate.
Context and next steps: Supporters said the change offers property owners notice and an additional appeal path; county ordinances and zoning remain controlling for construction and signage issues. The bill will be sent to the Senate for consideration.
