MCA Chapter 41

in effect

Miss. Code Ann. § 65-41-1 Short title.

This chapter shall be known and may be cited as the “Mississippi Scenic Byways Program.”

Miss. Code Ann. § 65-41-3 Definitions.

As used in this chapter, the following terms have the meanings ascribed to them in this section unless the context clearly requires otherwise: “Corridor” means a highway, road or street right-of-way and the adjacent area that is visible from and extends along the highway, road or street; “Department” means the Mississippi Department of Transportation; “Intrinsic qualities,” as related to scenic byways, include: Scenic: Beauty, whether natural or man-made. The quality of the feature is measured by how memorable, distinctive, unique, uninterrupted and unified a scenic byway is; Natural: Minimal disturbance of the natural ecological features that are associated with the region; Historic: Landscapes, buildings, structures or other visual evidence of the past other than just a site; Cultural: Visual evidence of the unique customs, traditions, folklore or rituals of a currently existing human group; Archeological: Visual evidence of the unique customs, traditions, folklores or rituals of a no longer existing human group; Recreational: Use of a scenic byway or its corridor for recreational activities like jogging, biking, roadside picnics or for direct access to recreational sites like campgrounds, lakes, etc.; “Program” means the Mississippi Scenic Byways Program created under the provisions of this chapter; “Scenic byway” means a public highway, road or street, including the corridor through which it passes, that has been designated as a scenic byway in order to develop, promote and maintain its intrinsic qualities.

Miss. Code Ann. § 65-41-5 Administration by Department of Transportation.

The Mississippi Department of Transportation, upon approval of the Mississippi Transportation Commission, may administer a Mississippi Scenic Byways Program. Under the program, the department, with assistance from the Scenic Byways Advisory Committee created under Section 65-41-7, shall develop, adopt and implement a scenic byways corridor management plan for the state. The plan shall be consistent with the provisions of this chapter and with guidelines established by federal law, and shall specify actions, procedures, controls, operational practices and administrative strategies necessary to govern the selection, nomination and declaration of scenic byways and to ensure that highways, roads, streets and corridors designated as scenic byways are properly managed and that their intrinsic qualities are maintained.

Miss. Code Ann. § 65-41-7 Advisory committee; corridor management plan.

There is created a Scenic Byways Advisory Committee to assist the department in the development and administration of the Mississippi Scenic Byways Program, the adoption of a corridor management plan, the review of scenic byway applications and the selection and nomination of highways, roads and streets as scenic byways. The committee shall consist of: Two (2) members from each of the following entities, with one (1) member from each entity being the executive director of that entity, or his or her designee, and the other member being a member of that entity selected by its executive director: The Mississippi Department of Transportation; The Mississippi Development Authority, Division of Tourism Development; The Keep Mississippi Beautiful/People Against Litter Association; The Mississippi Association of Supervisors; The Mississippi Outdoor Advertising Association; The Mississippi Retail Association; The Mississippi Tourism Association; and The Mississippi Municipal League; and Three (3) members to be selected by the Mississippi Transportation Commission, one (1) from each commissioner’s district. The corridor management plan adopted by the committee shall use best management practices to maintain the intrinsic qualities of highways, roads and streets designated as scenic byways while ensuring the rights of landowners, including riparian owners, to continue existing agriculture, forestry, water supply, recreational, residential, commercial and industrial uses, and any other uses of land and water, identified in the plan. The department may enter into agreements for the mutual management of scenic byways with counties, municipalities and other political subdivisions of the state, state and federal agencies and private landowners or businesses. The plan shall ensure that landowners have input into management practices of any land or water that is designated as a scenic byway or that is included within a scenic byway corridor. Land placed in the program shall not be obtained by eminent domain. A landowner’s decision to participate in the program shall be entirely voluntary and a participating landowner may terminate his participation at any time without liability, criminally or civilly, for his subsequent failure to participate. Counties, municipalities and other political subdivisions of the state may participate in the program as landowners in the same manner as private landowners. For the purposes of carrying out the intent of this chapter, counties, municipalities and other political subdivisions of the state, in addition to and supplemental to any other powers authorized by law for the acquisition of real property, may acquire by donation or purchase, but not by eminent domain, interests in real property. The plan adopted under this chapter shall be in compliance with all applicable Federal Highway Administration rules, regulations and policies regarding outdoor advertising on or along a highway, road or street designated as a scenic byway. Nothing in this chapter shall be interpreted as amending or limiting any county or municipal zoning or land use ordinance unless the county or municipality has authorized the amendment according to the procedure provided for in its ordinance. A corridor management plan may not become effective until a draft of the plan has been submitted for review and recommendation to the Transportation Committee of the House of Representatives and the Highways and Transportation Committee of the Senate.

Miss. Code Ann. § 65-41-9 Interlocal participation.

The corridor management plan adopted under this chapter shall establish criteria, policies and procedures that will permit county boards of supervisors, municipal governing authorities and the Mississippi Department of Transportation to submit to the advisory committee applications for highways, roads and streets under the governmental entity’s respective jurisdiction for nomination as a scenic byway. Nothing in the corridor management plan shall be interpreted as amending or limiting any county or municipal zoning or land use ordinances unless the county or municipality has authorized the amendment according to the procedure provided for in its ordinance. The corridor management plan shall authorize county boards of supervisors and municipal governing authorities to submit one or more plans for one or more highways, roads or streets to be designated a scenic byway that may have management requirements that are more strict than the department’s corridor management plan. Such plans for a scenic byway submitted by a county or municipality shall describe the additional management requirements proposed for application to the scenic byway and, if approved by the department, shall apply only to the approved scenic byway. In carrying out the purposes of this chapter and the specific plans for scenic byways, counties and municipalities may include in such specific plans for the corridor (including, but not limited to, medians) provisions for planting and replanting of trees, shrubs and flowers; vegetative buffers, design guidelines and limitations for landscaping, signage and lighting; and noise guidelines and limitations. The authority granted to counties and municipalities under this subsection is supplementary and in addition to any other authority that a county or municipality may have under law. After receipt of an application, the advisory committee shall hold a public meeting in the geographic area where the proposed scenic byway is located to receive comments and recommendations from the public. Notice of the meeting, along with a description of the highway, road or street proposed as a scenic byway shall be given once each week for at least three (3) consecutive weeks by publication in some newspaper having a general circulation in the county where the proposed scenic byway is located. Following the public meeting, the committee may nominate the highway, road or street as a scenic byway if it is eligible and meets the guidelines established under the program. A highway, road or street that has been nominated by the committee as a scenic byway shall be submitted by the advisory committee to the Legislature at the next regular session of the Legislature following its nomination. A highway, road or street that has been nominated as a scenic byway may be designated as an official Mississippi Scenic Byway only by its introduction and passage as a legislative bill. The advisory committee shall review each designated scenic byway not less often than once each two (2) years to make sure that the program participants are meeting their obligations under the plan and that the byway continues to possess the intrinsic qualities and meet the criteria which supported its initial designation. If the committee finds that a designated byway is not being maintained according to established standards or that it has lost its necessary intrinsic qualities, the committee shall report its findings to the Legislature and the Legislature, by legislation, may de-designate the byway.

Miss. Code Ann. § 65-41-11 Scenic Byways Development and Maintenance Fund.

The department may accept donations, bequests, gifts, grants, appropriations of federal money, in-kind contributions and things of value from any source, public or private, including individuals, organizations and federal, state and local governmental bodies, for the purpose of establishing and maintaining the Mississippi Scenic Byways Program. All such money so received by the department shall be deposited into a special fund that is created in the State Treasury to be designated as the “Scenic Byways Development and Maintenance Fund.” Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the Scenic Byways Development and Maintenance Fund may be expended, upon legislative appropriation, for the following purposes: To plan, design and develop the Mississippi Scenic Byways Program; To develop and implement a corridor management plan for the purposes of maintaining the intrinsic qualities of scenic byways and providing accommodation of increased tourism and development of related amenities; To make safety improvements to Mississippi scenic byways, a National Scenic Byway or an All-American Road to the extent that the improvements are necessary to accommodate increased traffic and changes in the types of vehicles using the highway, road or street as a result of the designation; To construct along scenic byways facilities for use by pedestrians and bicyclists, rest areas, turnouts, highway shoulder improvements, passing lanes, overlooks and interpretive facilities; To make improvements to scenic byways that will enhance access to recreation areas, including water-related recreations; To protect the intrinsic qualities of areas adjacent to scenic byways; To develop and provide tourist information to the public, including interpretive information about scenic byways; To develop and implement scenic byway marketing programs; and To match monies made available from the federal government for the establishment and maintenance of the Scenic Byways Program.

Miss. Code Ann. § 65-41-13 Lawful use or activity related to scenic byway area not restricted; local governments not mandated to participate.

This chapter shall not prohibit, restrict or otherwise affect any existing or future lawful use or activity in or related to a scenic byway area. This chapter also shall not prohibit, restrict or otherwise affect the operation, maintenance or new construction of any facility, road, railroad, bridge, utility, pipeline, crossing or any other structure in or related to a scenic byway area. If there is any conflict between this section and any other provision of this chapter, this section shall control. Nothing in this chapter shall mandate local governments to participate in the program, and a local governmental entity may terminate participation in the program at any time by resolution duly adopted and entered upon its minutes.

Miss. Code Ann. § 65-41-51 “Grand Gulf-Raymond Scenic Byway” designated.

The following highways, roads or streets located in the State of Mississippi are hereby designated as an official Mississippi Scenic Byway to be known as the “Grand Gulf-Raymond Scenic Byway,” pursuant to Section 65-41-1 et seq.: Beginning at the Grand Gulf Military Monument on the Mississippi River then east along the historic Back Grand Gulf Road to Frasier Road, following east along Frasier Road to Y-Camp Road, following east along Y-Camp Road to Ingleside-Karnac Ferry Road through the community of Ingleside to Highway 61, then the route continues one-half (1/2) mile north of Highway 61, eastward along Willows Road to the community of Willows, then northeastward along the Old Port Gibson Road terminating at the Raymond Military Park at the City of Raymond.

Miss. Code Ann. § 65-41-53 “Lower Mississippi Historic Scenic Byway” designated.

The following highways, roads and streets located in the State of Mississippi are hereby designated as an official Mississippi Scenic Byway to be known as the “Lower Mississippi Historic Scenic Byway,” pursuant to Section 65-41-1 et seq.: Begin on U.S. Highway 61 at the Issaquena County line and travel south along U.S. Highway 61 in Warren County, to Business 61 (North Washington Street); travel north on Washington Street to downtown Vicksburg. Continue traveling on Washington Street as it merges into Warrington Road; travel Warrington Road to U.S. Highway 61; continue on U.S. Highway 61 South to Claiborne County. Upon entering Claiborne County, continue traveling south on U.S. Highway 61. At Grand Gulf Road, travel west to Grand Gulf Military Park. Turn on Grand Gulf Road to U.S. Highway 61. Travel south on U.S. Highway 61 to Port Gibson. U.S. Highway 61 at Port Gibson is also known as “Church Street.” At the intersection of Church Street and Orange Street, travel west on Orange Street, past the Claiborne County Courthouse to Market Street. Travel south on Market Street four (4) blocks, past Mississippi Cultural Crossroads, Matt Ross Administrative Building, Harriette Pearson Memorial Library and Meyer Marx Building until you reach Carroll Street. Return to Church Street and travel south on U.S. Highway 61 to Jefferson County. This corridor also includes Rodney Road, which is Carroll Street (west of Market Street). Travel west on Rodney Road, past the Shaifer House and grounds; travel past the Ruins of Windsor where Rodney Road merges into Highway 552. Travel past Alcorn State University on Highway 552 back to U.S. Highway 61. Travel south on U.S. Highway 61 until you reach Adams County and continue on U.S. Highway 61 through the City of Natchez to U.S. Highway 61/84 Interchange; travel west on U.S. Highway 84 to the Natchez Intermodal Center at the Mississippi River Bridge. Return to U.S. Highway 61/84 interchange and travel south on U.S. Highway 61 through the southern portion of Natchez to Wilkinson County. Traveling south on U.S. Highway 61 through Woodville to the Louisiana state line. This terminates the Lower Mississippi Historic Byway. Outdoor advertising as identified in the Lower Mississippi Historic Byway Corridor Management Plan shall be allowed on U.S. Highway 61 and U.S. Highway 84 within the corporate limits of the impacted municipalities along the byway subject to the zoning and signage statutes and ordinances of the state and the impacted municipalities. Outdoor advertising outside of a municipality’s corporate limit must be in compliance with applicable local, state and federal guidelines.

Miss. Code Ann. § 65-41-55 “Mississippi Delta Great River Road Scenic Byway” designated.

The following highways, roads or streets located in the State of Mississippi are hereby designated as an official Mississippi Scenic Byway to be known as the “Mississippi Delta Great River Road Scenic Byway,” pursuant to Section 65-41-1 et seq.: Begin at the Tennessee state line and travel south on U.S. Highway 61 to the intersection of Mississippi Highway 161. Continue on Mississippi Highway 161 to the Town of Walls, Mississippi, and travel south on Old Highway 61 through DeSoto County and Tunica County to the intersection with U.S. Highway 49 near Lula, Mississippi.Continue northwest on U.S. Highway 49 to the intersection with Mississippi Highway 1, and travel south along Mississippi Highway 1.Continue south along Mississippi Highway 1 through Coahoma County, Bolivar County, Washington County, east along Mississippi Highway 1 at Sharkey County and then south along Mississippi Highway 1 at Issaquena County.Continue on Mississippi Highway 1 south to the intersection of U.S. Highway 61 at Mississippi Highway 1 at Onward; continue south along U.S. Highway 61 to the Issaquena/Warren County line.This terminates the “Mississippi Delta Great River Road Scenic Byway.” Outdoor advertising as identified in the Mississippi Delta Great River Road Scenic Byway Corridor Management Plan shall be allowed on Mississippi Highway 1 and U.S. Highway 61 within the corporate limits of the impacted municipalities along the byway subject to the zoning and signage statutes and ordinances of the state and the impacted municipalities. Outdoor advertising outside of a municipality’s corporate limit must be in compliance with applicable local, state and federal guidelines.

Miss. Code Ann. § 65-41-57 “Biloxi-D’Iberville Scenic Expressway” designated.

The following highways, roads or streets located in the State of Mississippi are hereby designated as an official Mississippi Scenic Byway to be known as the “Biloxi-D’Iberville Scenic Expressway” pursuant to Section 65-41-1 et seq. as it reaches completion: Beginning at the intersection of Highway 67 and Interstate I-10 and travel northerly along Highway 67 to the intersection of Highway 67 and U.S. Highway 49.

Miss. Code Ann. § 65-41-59 “Highway 605 Tradition Scenic Parkway” designated.

The following highways, roads or streets located in the State of Mississippi are hereby designated as an official Mississippi Scenic Byway to be known as the “Highway 605 Tradition Scenic Parkway” pursuant to Section 65-41-1 et seq. as it reaches completion: Beginning at the intersection of Highway 605 and U.S. Highway 90 and travel northerly along Highway 605 to the intersection of Highway 605 and Highway 67.

Miss. Code Ann. § 65-41-61 “Beach Boulevard Scenic Byway” designated.

The following highways, roads or streets located in the State of Mississippi are hereby designated as an official Mississippi Scenic Byway to be known as the “Beach Boulevard Scenic Byway” pursuant to Section 65-41-1 et seq.: Beginning at Cedar Point in Hancock County and traveling southerly along the coastline to Bayou Cadet in Hancock County.

Miss. Code Ann. § 65-41-63 “Scenic Byways to Space” designated.

The following highways, roads or streets located in the State of Mississippi are hereby designated as an official Mississippi Scenic Byway to be known as the “Scenic Byways to Space” pursuant to Section 65-41-1 et seq.: To be known as “NASA Scenic Byway to Space”:Beginning at the intersection of the 4-lane portion of Mississippi Highway 607 with Mississippi Highway 604 and continuing northerly on Mississippi Highway 607 to the south gate of Stennis Space Center as well as exiting the north gate of Stennis Space Center on Mississippi Highway 607 to the edge of Texas Flat Road. To be known as “Pearlington Scenic Byway to Space”: Beginning at the intersection of the 2-lane portion of U.S. Highway 90 with Mississippi Highway 607 and continuing southwesterly on U.S. Highway 90 to the edge of the buffer zone near the Town of Pearlington. To be known as “Westonia Scenic Byway to Space”: Beginning at the intersection of Mississippi Highway 604 with Mississippi Highway 607 and continuing southerly on Mississippi Highway 604 to the edge of the buffer zone near the Town of Pearlington. To be known as “Logtown Scenic Byway to Space”: Beginning at the intersection of Logtown Road with Mississippi Highway 604 and continuing westerly on Logtown Road to the extinct Town of Logtown on the East Pearl River. To be known as “Napoleon Scenic Byway to Space”: Beginning at the intersection of Old Mississippi Highway 43 and Mississippi Highway 607 north of Interstate 10 and continuing southerly to the south gate of Stennis Space Center, and including a small portion of road that comes off of Old Highway 43 and goes into the heart of what was once the Town of Napoleon. To be known as “Santa Rosa Scenic Byway to Space”: Beginning at the intersection of Texas Flat Road with Mississippi Highway 607 and continuing east on Texas Flat Road to the edge of the buffer zone next to the runway of Stennis International Airport.

Miss. Code Ann. § 65-41-65 “Brice’s Crossroads Battlefield-Chief Tishomingo Scenic Byway” designated.

The following highways, roads or streets located in the State of Mississippi are hereby designated as an official Mississippi Scenic Byway to be known as the “Brice’s Crossroads Battlefield-Chief Tishomingo Scenic Byway” pursuant to Section 65-41-1 et seq.: Beginning at the Brice’s Crossroads Visitors and Interpretive Center and traveling northerly on Grisham Street to its intersection with Mississippi Highway 370, then traveling westerly on Mississippi Highway 370 to its intersection with County Road 833, then traveling southeasterly on County Road 833 to its intersection with County Road 503, then traveling intersection with County Road 503, then traveling southerly on County Road 503 to its intersection with Mississippi Highway 348, then traveling easterly onMississippi Highway 348 to its intersection with Mississippi Highway 145.

Miss. Code Ann. § 65-41-67 “Noxubee Hills Route” Scenic Byway designated.

The following highways and roads located in Choctaw, Winston and Noxubee Counties in Mississippi are hereby designated as an official Mississippi Scenic Byway to be known as the “Noxubee Hills Route” pursuant to Section 65-41-1 et seq.: The Noxubee Hills Route begins at the intersection of the Choctaw Lake Road with Mississippi Highway 15 in the SE 1/4, S4, T16N, R1lE, Choctaw County, Mississippi, and runs in an easterly and northeasterly direction along the said Choctaw Lake Road to cross the dam of Choctaw Lake, located in the Tombigbee National Forest, to the intersection with the Webster Road in the Northeast 1/4, of S2, T16N, R1lE, Choctaw County. Thence, the route runs in an easterly direction along the Choctaw Lake Road to intersect the Choctaw/Winston County line near the Northwest corner of S6, T16N, R12E, in Winston County where the route becomes known as the Gumbranch-Ackerman Road in Winston County. Thence, the route runs in a southeasterly direction along the Gumbranch-Ackerman Road to intersect the Sturgis Road in the West 1/2 of S15, T16N, R12E, in Winston County. Thence, the route runs in a southeasterly direction along the Gumbranch-Hwy 25 Road to an intersection with Mississippi Hwy 25 at or near the Northwest corner of S28, T16N, R13E, in Winston County. Thence, the route runs in an easterly and northeasterly direction along the Bluff Lake Road to the Winston/Noxubee County line on the West line of S6, T16N, R15E, in Noxubee County. Thence, the route runs in an easterly direction along a Noxubee County route (CR-234) to intersect with the Levee (CR-267) and Bluff Lake (CR-266) Roads near the West line of S4, T16N, R15E, in Noxubee County and in the Sam D. Hamilton Noxubee National Wildlife Refuge. Thence, the route runs in a southerly direction along the Bluff Lake Road (CR-266) to intersect the Lynn Creek Road (CR-223) at or near the North line of S21, T16N, R15E, in Noxubee County. Thence, the route runs in an easterly direction along Lynn Creek Road (CR-223) to ultimately intersect US Hwy 45 in Brooksville, Mississippi, at or near the Northeast corner of S20, T16N, R17E, in Noxubee County, Mississippi. The Noxubee Hills Route runs approximately forty three (43) miles and serves parts of Choctaw, Winston, and Noxubee Counties in Mississippi.

Miss. Code Ann. § 65-41-69 “Delta Bluffs Scenic Byway” designated.

The following highways, roads or streets located in the State of Mississippi are hereby designated in the following four (4) segments as an official Mississippi Scenic Byway to be known as the “Delta Bluffs Scenic Byway” pursuant to Section 65-41-1 et seq.: Northern Branch: Beginning at the intersection of Austin Road and Mississippi Highway 301 and continuing westward to the intersection of Delta View Road and Austin Road; then north along Delta View Road to the Great River Road National Scenic Byway (connectivity through the Town of Walls via Delta View Road, U.S. Highway 161 and 2nd Street); Central Branch: Beginning at the intersection of Mississippi Highway 301 and Austin Road and continuing south along Mississippi Highway 301 to Arkabutla Lake; East-West Branch: Beginning at the intersection of Old Mississippi Highway 304 and Interstate 55 in Hernando and continuing westward to Bluff Road; and Robertson Gin Road Extension Branch: Beginning at the intersection of U.S. Highway 51 and Commerce Street in DeSoto County and continuing south along U.S. Highway 51 to Oak Grove Road; thence westward on Oak Grove Road to Robinson Gin Road; then south along Robinson Gin Road to Wheeler Road; thence westward along Wheeler Road to its point of terminus at Hernando Point at Arkabutla Lake.

Miss. Code Ann. § 65-41-71 “Gateway to History” scenic byway designated.

The following highways located in the State of Mississippi are hereby designated as an official Mississippi Scenic byway to be known as the “Gateway to History,” pursuant to Section 65-41-1 et seq., Mississippi Code of 1972: Segment 1: Beginning at the intersection of Highway 463 and Reunion Parkway and traveling north along Highway 463 for four and eight-tenths (4.8) miles to the intersection of Highway 22. Segment 2: Begin at the corner of Highway 463 and Highway 22 and continue west for eight and seven-tenths (8.7) miles to the Petrified Forest in the Town of Flora. Segment 3: Begin at the corner of Highway 463 and Highway 22 and continue east for twelve and three-tenths (12.3) miles to the City of Canton. The roadway changes to four-lane for one and four-tenths (1.4) miles surrounding the I-55 Canton interchange which is excluded and resumes for one and four-tenths (1.4) miles to the City of Canton. Segment 4: Begin at the intersection of Highway 51 and Highway 22 in Canton and travel for one and seven-tenths (1.7) miles. At the intersection of Highway 16 (Highway 22 becomes Highway 16) turn right on Highway 43 and travel for six and seven-tenths (6.7) miles to the Natchez Trace.

Miss. Code Ann. § 65-41-73 “William Faulkner Scenic Byway” designated.

The following highways, roads or streets located in the State of Mississippi are hereby designated as an official Mississippi Scenic Byway to be known as the “William Faulkner Scenic Byway” pursuant to Section 65-41-1 et seq.: Beginning at the intersection of Mississippi Highway 30 and County Road 14 in Union County and continuing westerly along Mississippi Highway 30 to its intersection with County Road 229 in Lafayette County.

Miss. Code Ann. § 65-41-75 “Gulf Coast Scenic Byway” designated.

The following highways, roads or streets located in the State of Mississippi are hereby designated as an official Mississippi Scenic Byway to be known as the “Gulf Coast Scenic Byway” pursuant to Section 65-45-1 et seq.: U.S. Highway 90 beginning at the intersection of U.S. Highway 90 and Beach Boulevard in Bay St. Louis continuing for 19 miles and ending at the intersection of DeBuys Road and U.S. Highway 90; connecting with the existing Beach Boulevard Scenic Byway designated in Section 65-41-61. Outdoor advertising shall be allowed on the following portions of U.S. Highway 90 within the corporate limits of the impacted municipalities subject to the zoning and signage ordinances of the impacted municipalities: the end of the Bay St. Louis Bridge to Fort Henry Street; Church Avenue to Fleitas Avenue in Pass Christian; White Harbor Road to Marcie Drive in Long Beach; Russell Avenue to South Nicholson Avenue in Long Beach; Camp Avenue to Pratt Avenue in Gulfport; and Courthouse Road to Paradise Avenue in Gulfport.