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John J. Mills - District 13 Mills Supports Southtowns Scenic Byway Designation A RESOLUTION SUBMITTED BY: LEGISLATOR JOHN J. MILLS RE: Resolution in support of the designation of the WNY Southtowns Scenic Byway As a New York State Scenic Byway Whereas, the New York State Scenic Byways program was created in 1992 by the State Legislature to encourage both economic development and resource conservation; and Whereas, the WNY Southtowns Scenic Byway consists of a scenic tour loop that would be designated along existing roadways in the "Southtowns" of Erie County, New York including roads in the Towns of Orchard Park, Aurora, Colden, Concord, and Boston and the incorporated Villages of Orchard Park, East Aurora, and Springville; and Whereas, the Scenic Byways program will serve as a significant joint tourism development program for the multi-jurisdictional scenic byway area; and Whereas, the byway's overall theme is "Heritage to the Hills," which encompasses the area's rich history and traditional villages, its wooded hillsides and ever-chanting palette on the rolling topography, and the views and recreational opportunities created by the hilly terrain; and Whereas, the byway would also promote the wide array of outdoor pastimes like fishing, boating, wildlife observation, winter sports, hiking, hunting, and Whereas, in 2000, in order to meet the desire for a coordinating entity, the WNY Southtowns Scenic Byway Steering Committee was established; and Whereas, the WNY Southtowns Scenic Byway Steering Committee has submitted plans to nominate the WNY Southtowns Scenic Byway for inclusion on the list of New York State Scenic Byways; and Whereas, to date, the WNY Southtowns Scenic Byway has received financial support from the Towns of Orchard Park, Boston and Concord, New York State, Erie County, and through a variety of grants and appropriations; and Whereas, a successful nomination would provide the WNY Southtowns Scenic Byway with access to additional sources of State financial and technical support; and Whereas, New York State Scenic Byway designation does not involve the taking of any private property or state or federal oversight; and Whereas, as part of the New York State Scenic Byway designation approval process all governments that are partners in this scenic byway are required to issue a resolution of support. The resolutions obtained from the various local governments with jurisdiction along the controlled roadways must indicate their willingness to participate and confirm that they will not issue building permits or any other permits or other permission to construct new outdoor, off premises advertising signs along a designated scenic byway; and Whereas, the New York State Department of Transportation is mandated to regulate the erection and control of new and existing signs along all of the National Interstate Highway System and Primary Highway System roads in New York State, whether or not they are designated scenic byways. With the passage of the Intermodal Surface Transportation Efficiency Act (ISTEA) legislation in 1991, the Primary Highway System was further defined to include highways which are on the National Highway System, and control of outdoor advertising was extended to designated scenic byways. Primary Highway System roads are selected New York State, county and local roads that are typically the major travel routes within the State. These roads by virtue of this status, are eligible for increased funding from the federal government, and fall under the Sign Control Program; and Whereas, New York State established its Scenic Byways Program in 1992. ISTEA requires that if a State has a scenic byway program, the State may not allow the erection of any sign, display, or device which is not in conformance with the federal legislation along any highway on the Interstate System or Federal-aid primary system which is designated as a scenic byway. The legislation includes an accommodation for some signs such as directional signs, official signs, for sale or lease signs, on-premise signs, and "free coffee;" and Whereas, roadways designated as Federal Scenic Byways are protected by 23 U.S.C. 131 (s). This cites, "[o]nce a scenic byway has been officially designated by the New York State [sic], the erection of any new sign, display or device on these highways is prohibited." This should in no way be construed as meaning that once a roadway is designated as a scenic byway, no further signs of any sort are permitted. To the contrary, businesses can still erect signs on their business site, signs may still be posted to provide information and directions to travelers, and "for sale" and "for lease" signs are still permitted. These signs must, of course, comply with local signage regulations; and Whereas, it is also important to keep in mind that scenic byways are designated as such, because of their cultural or historical significance, recreational or archaeological qualities, or because of natural and scenic beauty along the route. As such, scenic byways need not be continuous. Certain portions of the byway may be neither scenic, nor beautiful, nor have any historical or cultural significance. These stretches of highway can be removed from scenic byway designation. Once removed, 23 U.S.C. 131 (s) regulations would not apply to that portion of the roadway; and Whereas, designation as a Federal scenic byway does place certain restrictions regarding signage along a byway. These restrictions are outlined in 23 U.S.C. 131 (s). Certainly, these restrictions have a significant effect on outdoor advertising, such as billboards which are not on the premises of the business advertised. Such new billboards would essentially be eliminated along a scenic byway. However, businesses would not be restricted from advertising their business on premises, so long as the sign complies with local regulations and the sign is closer to the place of business than it is to the byway. The regulations appear to have the intention of maintaining scenic beauty along a scenic byway, without harming businesses which are located along the scenic byway; and Whereas, Part of the local government involment in the Scenic Byway is responsibility by the local goverment for maintaining local sections of the Byway as they do now; and Now, Therefore, Be It, Resolved, that the Erie County Legislature acknowledges the county's support of the scenic byway concept and that this doesn't mean that the County of Erie is responsible to fund the Byway and it also does not exclude the County of Erie from funding the Byway if its representatives so choose; and be it further Resolved, that the New York State Department of Transportation (NYSDOT) will pay for and do the initial sign installation and local Departments of Public Workss would have to contact NYSDOT and get a replacement sign if one is damaged on their portion of the byway and they will not have to pay for the sign but must perform the replacement work, with one provided to them; and be it further Resolved, That the County of Erie supports the designation of the Southtowns Scenic Byway as a New York State Scenic Byway, be it further Resolved, That the Clerk of the Legislature is hereby directed to send a copy of this resolution to Robert J. Lennartz, Chairman of the Western New York Southtown's Scenic Byway Steering Committee. Back to District 13 Homepage