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Senate debates Scenic Byway bill amid property-rights, billboard concerns; action circled for later

Utah State Senate · March 8, 2016
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Summary

Debate over House Bill 232 centered on a proposal to let property owners ask the Scenic Byways Committee to remove non-scenic parcels from byway restrictions. Supporters called it a property-rights fix; opponents warned it could open corridors to billboards. The Senate moved to "circle" the bill for further work rather than pass it on third reading.

Senator Hankins presented House Bill 232, the Scenic Byway Amendment, saying the bill is "a tweak to try to streamline that process of segmentation" so property owners can petition to remove non-scenic portions of a designated byway from restrictions.

Supporters said the measure protects private-property use after communities signed onto scenic designations primarily to secure federal tourism dollars. "If you're a property owner and you have a piece property on the scenic, build a building or fix a fence or even paint a house without the approval" can be restricted under current designations, the sponsor said, and HB 232 would let owners seek segmentation directly from the Scenic Byways Committee.

Opponents raised sharply different concerns. Senator Hilliard and others said constituents feared the change would lead to more billboards and larger erosion of scenic protections. Senator Knudson asked whether the change effectively opens the door to billboard advertising along scenic corridors and said the byway committee still has unresolved concerns. Several senators argued the word "shall" in current language makes mandatory committee consideration and that removing it would weaken review; a motion to amend replacing "shall" with permissive language was made, debated and then withdrawn.

After extended debate that included questions about local notice, board protest periods and federal/state coordination, the floor did not complete third-reading action on HB 232. Senators agreed to "circle" the bill—effectively tabling it pending a substitute or further negotiation—so sponsors can pursue a coordinating clause and return with amendments.

The Senate did not record a final third-reading passage on HB 232 during this session; the motion to circle was entered and the item will return to the calendar for further consideration.