October 10, 2013, Introduced by Reps. Pettalia, Shirkey, Farrington, Foster, Lori, Poleski, MacMaster, Kelly, Franz and Schmidt and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1993 PA 69, entitled
"An act to designate certain highways within this state as Michigan
heritage routes; to provide procedures for additions, deletions, or
changes to these routes; and to prescribe the powers and duties of
certain state agencies,"
by amending the title and sections 1, 2, 4, 6, 7, and 8 (MCL
247.951, 247.952, 247.954, 247.956, 247.957, and 247.958) and by
adding section 7a; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to designate certain highways within this state as Pure
Michigan
heritage routes; byways; to provide procedures for
additions,
deletions, or changes to these routes; Pure Michigan
byways; and to prescribe the powers and duties of certain state
agencies.
Sec. 1. As used in this act:
(a) "Commission" means the state transportation commission.
(b) "Department" means the state transportation department.
(c)
"Heritage route" means a state highway that is designated
in
the manner provided in this act as a scenic, recreational, or
historic
route that is representative of Michigan's natural and
cultural
heritage.
(c) (d)
"Historic" means
buildings, structures, interpreted
sites, objects, or historic districts that are significant to the
history, archaeology, architecture, engineering, or culture of this
state.
(d) "Pure Michigan byway" means a state highway that is
designated in the manner provided in this act as a scenic,
recreational, or historic route that is representative of
Michigan's natural and cultural heritage.
(e) "Recreational" means facilities normally associated with
leisure-time activities, including, but not limited to, parks,
public access sites, wildlife refuges, forest areas, marinas,
swimming areas, hiking trails, and sightseeing areas.
(f) "Scenic" means an area of outstanding natural beauty whose
features include, but are not limited to, significant natural
features such as vegetation, land form, water, and open areas with
exceptional vistas and views, that singly or in combination make
that area unique and distinct in character.
(g)
"State trunkline trunk
line highway system" means the
system
described in section 1 of Act No. 51 of the Public Acts of
1951,
being section 247.651 of the Michigan Compiled Laws.1951 PA
51, MCL 247.651.
Sec.
2. It is the intent of the legislature to establish the
this state's responsibility for the enhancement and enjoyment of
Michigan's scenic, recreational, and historic resources along its
roadside by identifying and designating certain portions of the
state
trunkline trunk line highway system as Pure Michigan heritage
routes.
byways. It is further the intent of the legislature in
designating
these heritage routes Pure
Michigan byways to assign
responsibility
for the development of the routes byways and for the
establishment and application of specific planning and design
criteria
and procedures appropriate to these routes. the byways.
The legislature further intends to provide criteria for the
location
and length of routes Pure
Michigan byways and adjacent
areas requiring continuing and careful coordination of planning,
design, construction, maintenance, land use, and development, by
state and local agencies as appropriate, to encourage adjacent land
use consistent with the intent of the designation.
Sec.
4. (1) Not more than 60 days after the effective date of
this
act, the department shall submit recommendations to the
commission
regarding uniform criteria and procedures for the
identification
of heritage routes. The commission shall hold a
public
hearing to receive input on the criteria and procedures for
the
identification of heritage routes forwarded by the department.
These
criteria shall include, but not be limited to, route
selection,
maintenance, resurfacing, restoration, and
rehabilitation
of existing roads, and the design of new roads.
Criteria
shall not include requirements pertaining to private or
commercial
signs. Requirements regarding those signs shall be as
otherwise
provided by law. Routes shall not be designated as
heritage
routes under this act until the commission submits the
proposed
criteria and procedures to the legislature for review and
comment.
The commission shall submit the proposed criteria and
procedures
to the standing committees of the senate and house of
representatives
that consider transportation matters for review and
comment.
If the committees do not hold hearings within 30 days
after
the date of submission, the criteria and procedures shall be
considered
approved.
(2)
In establishing heritage routes,
Pure Michigan byways, the
department
shall take into consideration consider
the concept of
the complete highway, which is a highway incorporating not only
safety, utility, and economy but also beauty. The department shall
also
take into consideration consider
that in a complete highway
pleasing appearance is a consideration in the planning and design
process. The department may designate portions of a road as a
heritage
route. Pure Michigan byway. Designation of a heritage
route
shall also require that local Local
governmental agencies
have
taken such shall take any action as may be necessary to
protect
the integrity of the a designated route as stipulated in
the uniform criteria developed for the identification of Pure
Michigan byways by the department.
Sec. 6. Planning, design, reconstruction, and maintenance of
all
designated heritage routes shall be Pure Michigan byways is
governed by the criteria established by this act to ensure that
these routes are reasonably safe and fit for travel, while
preserving
the unique characteristics that qualify them as heritage
routes.Pure Michigan byways.
Sec. 7. After a 30-day comment period and an opportunity for a
public hearing, the department may make additions, deletions, or
changes
or not make additions in the Pure
Michigan heritage route
byway system for 1 or more of the following reasons:
(a) By resolution, the governing body of a county or city
requests that a particular named route lying within its
jurisdictional boundaries be added to or deleted from the Pure
Michigan
heritage route byway system. The department shall not add
a route to the system if the governing body of a county or city
adopts a resolution requesting that a route not be added. The
department shall remove a route from the system within 1 year after
a resolution is adopted by a county or city requesting removal.
(b) The department proposes to add or delete any named route
or
portion of a route to the Pure Michigan heritage route byway
system.
(c)
The department proposes any action which that would result
in a change in the scenic, historical, or recreational character of
any
route on the Pure Michigan heritage route byway system
that is
determined to be substantial by the department.
Sec. 7a. No later than 1 year after the date the amendatory
act that added this section is enacted into law, the department
shall designate as Pure Michigan byways all routes that are
designated as Michigan heritage routes on the date the amendatory
act that added this section is enacted into law.
Sec. 8. By December 31 each year, the department shall report
to the commission, the governor, and the legislature the following
information regarding this act:
(a) Routes designated as Pure Michigan byways during the
previous year.
(b)
Deletions or other changes made in the heritage route Pure
Michigan byway system during the previous year.
Enacting section 1. Section 5 of 1993 PA 69, MCL 247.955, is
repealed.