Section 226.798 - Factors considered in designating a road or highway a scenic byway - rating system to be established1. The highways and transportation commission shall consider, at a minimum, the following factors in designating a road or highway as a scenic byway:(1) Highway design which preserves and protects the natural beauty or scenery of the area;(2) Significant scenic, natural, historical, cultural or recreational resources in the area;(3) Adequate land area to accommodate safe enjoyment of scenic attractions;(4) Compatibility of the scenic byway with recreational, aesthetic and environmental management needs of the area; and(5) Presence of existing protected areas near, or adjacent to, the scenic byway, such as national forests or federal or state park land.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