PURPOSE: This rule implements section 226.797, RSMo where the Missouri Highways and Transportation Commission is authorized to create a state system of scenic byways.

1. (1) The Missouri Highways and Transportation Commission (commission) may designate a road or highway under its jurisdiction as a scenic byway based upon consideration of the factors in section 226.798, RSMo.

2. (2) If the commission designates a road or highway under its jurisdiction as a scenic byway, it may implement protective measures to preserve and protect the designated road which may include:

   1. (A) Acquisition of scenic easements;
   2. (B) Controlled access; and
   3. (C) Landscaping.
3. (3) The commission may remove any road or highway under its jurisdiction from the state system of scenic byways after consideration of the factors outlined in section 226.798, RSMo and determination that the road or highway no longer merits designation as a scenic byway.

AUTHORITY: sections 226.020, 226.130(2), 226.797–226.799, and 227.030, RSMo 2016.* Emergency rule filed April 5, 1993, effective April 15, 1993, expired Aug. 3, 1993. Emergency rule filed July 30, 1993, effective Aug. 9, 1993, expired Nov. 29, 1993. Original rule filed April 5, 1993, effective Dec. 9, 1993. Amended: Filed Jan. 9, 2014, effective Aug. 30, 2014. Amended: Filed Oct. 6, 2017, effective May 30, 2018.

*Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; 226.797, RSMo 1990; 226.798, RSMo 1995; 226.799, RSMo 1995; and 227.030, RSMo 1939.