226.798. 1. The highways and transportation commission shallconsider, at a minimum, the following factors in designating a road orhighway as a scenic byway:
(1) Highway design which preserves and protects the natural beauty orscenery of the area;
(2) Significant scenic, natural, historical, cultural or recreationalresources in the area;
(3) Adequate land area to accommodate safe enjoyment of scenicattractions;
(4) Compatibility of the scenic byway with recreational, aestheticand environmental management needs of the area; and
(5) Presence of existing protected areas near, or adjacent to, thescenic byway, such as national forests or federal or state park land.
2. The commission shall adopt a rating system to ensure that onlyroads and highways that display outstanding characteristics pursuant to theprovision of subsection 1 of this section are designated as scenic bywaysas provided by the provisions of section 226.797.
(L. 1995 S.B. 212 ยง 226.799 subsecs. 1, 2)