Section R17-3-806. Review of Existing Designated Parkway or His- toric or Scenic Road

A.      Review.

1.        PHSRAC shall review a designated road to compare and ensure that the present conditions and resources comply with the conditions and resources that existed at the time the road was designated in order to ensure continued des- ignation.

2.        PHSRAC shall conduct a review:

a.        At least every five years from initial designation,

b.        At the design stage of any construction or recon- struction proposed by the Department or the entity having jurisdiction of the designated road, or

c.        If the entity having jurisdiction or a local community group recommend deletion of the designated road.

B.       Corridor Management Plan (“CMP”).

1.        The Department incorporates by reference the Federal Highways Administration’s Notice of FHWA interim pol- icy, published in the Federal Register, 60 F.R. 26759, May 18, 1995, and no later amendments or editions. The incorporated material is on file with the Department.

2.        The entity having jurisdiction or any member of the pub- lic shall use the guidelines outlined in the Notice of FHWA interim policy, incorporated by reference in R17- 3-806(B)(1), to prepare a CMP.

3.        The entity having jurisdiction or any member of the pub- lic shall submit a CMP to PHSRAC as stated in R17-3- 803(A), for PHSRAC’s review.

4.        At a meeting convened under A.R.S. Title 38, Article 3.1, PHSRAC shall discuss and vote on whether to recom- mend to the Department or the entity having jurisdiction to adopt and implement the CMP, using the guidelines outlined in the Federal Highways  Administration’s Notice of FHWA interim policy.

C.      Deletion.

1.        Based on its review conducted under subsection (A), PHSRAC shall discuss and vote on a recommendation for deletion of a designated road at a meeting convened under A.R.S. Title 38, Article 3.1.

2.        Reconsideration. The entity having jurisdiction of a des- ignated road or a local community group may request that PHSRAC reconsider its decision if PHSRAC recom- mends deletion of a designated road.

a.        The entity requesting reconsideration has 60 days from the date of PHSRAC’s decision to present additional information to PHSRAC. Additional information includes data that emphasizes the fac- tors PHSRAC considers in R17-3-804(A), and emphasizes the road’s unique features or special qualities that could be protected or enhanced. The Department shall prepare the additional information if the road is a state highway.

b.        PHSRAC shall not reconsider its decision if the entity requesting reconsideration does not submit additional information.

c.        PHSRAC shall use the procedures described in R17- 3-805 to reconsider its decision.

3.        PHSRAC shall submit a recommendation for deletion to the Director for the Director to present to the Transporta- tion Board.

Historical Note

Adopted effective May 30, 1984 (Supp. 84-3). Amended

effective August 3, 1994 (Supp. 94-3). Amended by final

rulemaking at 10 A.A.R. 2073, effective July 6, 2004

(Supp. 04-2).