1. 1. The highways and transportation commission shall consider, at a minimum, the following factors in designating a road or highway as a scenic byway:

   1. (1) Highway design which preserves and protects the natural beauty or scenery of the area;
   2. (2) Significant scenic, natural, historical, cultural or recreational resources in the area;
   3. (3) Adequate land area to accommodate safe enjoyment of scenic attractions;
   4. (4) Compatibility of the scenic byway with recreational, aesthetic and environmental management needs of the area; and
   5. (5) Presence of existing protected areas near, or adjacent to, the scenic byway, such as national forests or federal or state park land.
2. 2. The commission shall adopt a rating system to ensure that only roads and highways that display outstanding characteristics pursuant to the provision of subsection 1 of this section are designated as scenic byways as provided by the provisions of section 226.797.

(L. 1995 S.B. 212 § 226.799 subsecs. 1, 2)