Eliminate the Scenic-Historic Byways Advisory Council
SB 309 eliminates the Scenic-Historic Byways Advisory Council and revises Montana’s scenic-historic byways statutes to shift responsibilities directly to the transportation commission and the department. The bill keeps the scenic-historic byways program in place, but removes the statutory requirement for a separate technical oversight council that previously assisted with program design, reviewed nominations, and recommended roads for inclusion or removal.
The bill also updates the criteria and rulemaking framework for the program. It directs the department to adopt rules that address how roads are designated, how local governments may participate, how a road may be excluded from designation, and what factors must be considered in evaluating scenic, historic, recreational, cultural, archaeological, educational, and natural qualities. It further emphasizes corridor management plans as visioning and marketing tools rather than land-use or highway management documents, and it adds explicit protections for private property rights, commerce, commercial vehicles, and the ability of municipalities and landowners to exclude certain segments from designation. The bill also preserves the ability of participating localities to use certain signage and off-premises advertising in excluded segments, subject to applicable law.
SB 309 amends sections 60-2-601 and 60-2-602 of the Montana Code Annotated by removing the Scenic-Historic Byways Advisory Council from statute and reallocating program administration to the commission and department. It affects state transportation policy, local governments, landowners adjacent to designated routes, and entities involved in tourism, economic development, and corridor planning. The bill does not eliminate the scenic-historic byways program itself; instead, it changes how roads are nominated, reviewed, designated, and excluded, while reinforcing limits on the regulatory effect of corridor management plans and protecting private property and commercial access interests.
The bill appears to have received generally favorable support, as reflected by clear passage in both chambers and strong concurrence votes in the House. The Senate committee vote was narrower than the floor votes, suggesting some initial reservation, but the measure ultimately advanced with substantial majorities. Overall, the voting pattern indicates broad legislative acceptance of the bill’s restructuring of the byways program.
The main points of contention likely centered on the elimination of the advisory council and the balance between scenic-byway promotion and local control. The bill’s language specifically addresses concerns about private property rights, land-use authority, billboard and signage restrictions, and ensuring corridor management plans do not function as zoning or highway management mandates. These provisions suggest that supporters wanted to streamline administration and protect property and commerce, while any opposition likely came from those concerned about reducing stakeholder input, weakening preservation-oriented oversight, or changing how scenic-historic byways are managed.