428 Neb. Admin. Code, ch. 1, § 003

Current through September 17, 2024
Section 428-1-003 - SPECIFIC CRITERIA FOR THE FUNCTIONAL CLASSIFICATION OF SCENIC - RECREATION ROADS
003.01 Scenic-Recreation, which shall consist of highways or roads located within or which provide access to or through state parks, recreation or wilderness areas, other areas of geographical, historical, geological, recreational, biological, or archaeological significance, or areas of scenic beauty; and are defined as follows:
1. State Parks as defined by 81-815.22 Neb. Rev. Stat. shall mean parks of substantial area with primary value of significant statewide scenic, scientific or historical interest, having a complete development potential and, where possible, a representative portion which can be retained in a natural or relatively undisturbed state.
2. State Recreation or Wilderness Areas as defined by 81-815.22 Neb. Rev. Stat. shall mean areas with a primary value for day use, but with secondary overnight-use facilities or potential, which have reasonable expansion capability and are located in accordance with sound park management principles.
3. Geographic Areas shall consist of a unique or unusual area which has particular interest and is not usually present in extensive numbers in the immediate area.
4. Historical Areas shall include areas which have been determined by the State Historical Society to be historic sites or have been registered or nominated to be included in the National Register of Historic Places.
5. Geological Areas shall consist of unique or unusual areas which have particular interest in the interpretation of geologic information and are the best areas of information in that particular region.
6. Recreational Areas as defined in 81-815.22 Neb. Rev. Stat. State wayside areas shall be areas appropriate in size and located at strategic intervals adjacent to main travelled highways to provide safe rest and picnic stops for travelers, which sites shall be selected for scenic or historical interest, when possible. Equipped with safe approach and departure lanes, and be developed in a manner and with such facilities as are appropriate to their purpose and State Special Use areas shall be those areas which are primarily of public hunting, fishing, or other wildlife values, and which cannot logically be classified in one of the categories listed in sub-divisions 2, 3, 4 or 5 of this section, when so designated by the Nebraska Game and Parks Commission to be maintained from fish and game funds.
7. Biological Significance areas are defined as only those areas where a unique or unusual life form or process exists and only that area that is most unusual in the given region of the State.
8. Archaeological Significant areas are areas for which the Nebraska State Historical Society has declared an archaeological significance. A joint agreement exists between the Society and the Department of Roads concerning these areas if a road project proposes to infringe on them.
9. Scenic. No precise definition of scenic is possible as stated in the Scenic Highways Narrative dated March 12, 1974, by the Nebraska Game and Parks Commission. "Scenery, as with other forms of beauty, lies in the eyes of the beholder, and an element of subjectivity is bound to be a part of any attempt to develop and apply objective criteria and guideline."
003.02 Jurisdictional responsibility for all scenic-recreation roads and highways shall remain with the governmental subdivision which had jurisdictional responsibility for such road or highway prior to its change in classification to scenic-recreation.
003.03 Specific Criteria for Scenic-Recreation roads shall be divided into two classes.
1. Highways and roads providing access to or to and through scenic-recreation area.
2. Highways and roads located within scenic-recreation area.
003.03A Specific Criteria - Scenic-Recreation roads providing access to or to and through Scenic-Recreation Area:
003.03A1 Highways functionally classified as Interstate shall not be considered for a scenic-recreation classification.
003.03A2 Highways functionally classified as Expressway shall not be considered for a scenic-recreation classification.
003.03A3 SPECIFIC CRITERIA - SCENIC - RECREATION - MAJOR ARTERIAL
1. Scenic-Recreation-Major Arterial shall consist of state highways which provide access to or to and through scenic-recreation areas and which qualify for a Major Arterial Functional Classification.
2. Limits of a Scenic-Recreation Highway to be classified Scenic-Recreation-Major Arterial shall be determined from logical points of Scenic-Recreation interest. Termini may be from a road with any functional classification.
3. Scenic-Recreation-Major Arterial highways to Scenic-Recreation areas shall meet or exceed applicable minimum standards unless a request for Relaxation of Standards has been granted by the Board of Public Roads Classifications and Standards.
4. Effort shall be made to preserve the natural environment to the extent possible without compromising the safety of those using the facility, at the speed limits that apply.
003.03A4 SPECIFIC CRITERIA - SCENIC - RECREATION - OTHER ARTERIAL
1. Scenic-Recreation-Other Arterial shall consist of roads which provide access to or to and through scenic-recreation areas and which qualify for an Other Arterial Functional Classification.
2. Limits of a Scenic-Recreation Road to be classified Scenic-Recreation-Other Arterial shall be determined from logical points of Scenic-Recreation interest. Termini may be from a road with any functional classification.
3. Scenic-Recreation-Other Arterial roads to Scenic-Recreation areas shall meet or exceed applicable minimum standards unless a request for Relaxation of Standards has been granted by the Board of Public Roads Classifications and Standards.
4. Effort shall be made to preserve the natural environment to the extent possible without compromising the safety of those using the facility at the speed limits that apply.
003.03A5 SPECIFIC CRITERIA - SCENIC - RECREATION - COLLECTOR
1. Scenic-Recreation-Collector shall consist of roads which provide access to or to and through Scenic-Recreation areas and which qualify for a Collector Functional Classification.
2. Limits of a Scenic-Recreation Road to be classified Scenic-Recreation-Collector shall be determined from logical points of Scenic-Recreation interest. Termini may be from a road with any functional classification.
3. Scenic-Recreation-Collector roads to Scenic-Recreation areas shall meet or exceed applicable minimum standards unless a request for Relaxation of Standards has been granted by the Board of Public Roads Classifications and Standards.
4. Effort shall be made to preserve the natural environment to the extent possible without compromising the safety of those using the facility at the speed limits that apply.
003.03A6 SPECIFIC CRITERIA - SCENIC - RECREATION - LOCAL
1. Scenic-Recreation-Local shall consist of roads which provide access to or to and through Scenic-Recreation areas and which qualify for a Local Functional Classification.
2. Limits of a Scenic-Recreation Road to be classified Scenic-Recreation-Local shall be determined from logical points of Scenic-Recreation interest. Termini may be from a road with any functional classification.
3. Scenic-Recreation-Local roads to Scenic-Recreation areas shall meet or exceed applicable minimum standards unless a request for Relaxation of Standards has been granted by the Board of Public Roads Classifications and Standards.
4. Effort shall be made to preserve the natural environment to the extent possible without compromising the safety of those using the facility at the speed limits that apply.
003.03A7 Highways functionally classified as Remote Residential shall not be considered for a Scenic-Recreation classification.
003.03A8 Highways functionally classified as Minimum Maintenance shall not be considered for a Scenic-Recreation classification.
003.03B SPECIFIC CRITERIA - SCENIC - RECREATION - INTERNAL ROADS
1. Those roads located within the Scenic-Recreation area which are not through routes. Scenic-Recreation Internal Roads serve as routes within Scenic-Recreation areas.
2. Jurisdictional responsibility is in accordance with the approved Functional Classification.
3. The location of Scenic-Recreation-Internal roads shall be coordinated with other roads in the area so that both through and scenic-recreational travel is served, unless the route terminates in an area as previously described and is not a through route.

428 Neb. Admin. Code, ch. 1, § 003