(A) Scenery is an integral part of the landscape and is a vital part of the history, custom, and culture of an area. This section describes criteria for including elements of the county’s scenery in the registers indicated above.
(B) Elements of scenery may be included in the Register of Cultural Resources if it can be graphically described with identifiable limits and meets all of the following criteria:
(1) It is located within the official boundaries of the county;
(2) It retains its historic integrity, in that there are no major alterations or additions that have obscured or destroyed the significant cultural features;
(3) It is designated as Class A scenery or equivalent;
(4) It has a scenic quality rating greater than 20 or equivalent; and
(5) All of the land proposed for designation meets the criteria
(C) If the scenery does not meet the integrity requirements outlined above, it may qualify for designation if it can be graphically described with identifiable limits and meets one of the following requirements:
(1) It is directly associated with events of historic importance in the county;
(2) It is closely associated with the lives of persons who were of historic importance to the county; or
(3) It is locally renowned.
(D) Elements of scenery may be included in the Cultural Landmark Register if it can be graphically described with identifiable limits and meets all of the following criteria:
(1) It is located within the official boundaries of the county;
(2) It retains its historic integrity, in that there are no major alterations or additions that have obscured or destroyed the significant cultural features;
(3) It is designated as Class A scenery or equivalent;
(4) It has a scenic quality rating greater than 25 or equivalent;
(5) It is specifically named on one of the following:
(a) USGS 7.5 Minute Quadrangle maps;
(b) 1:100,000 Surface Management Status maps;
(c) Utah State Highway maps; or
(d) Other maps considered equivalent by the Cultural Preservation Commission.
(6) All of the land proposed for designation meets the criteria.
(E) If the scenery does not meet the requirements outlined above, it may qualify for designation if it can be graphically described with identifiable limits and meets one of the following requirements:
(1) It is a specific location and is well known among the residents of the county;
(2) It is directly associated with events or lives of persons who were of historic importance to the county; or
(3) It is renown in Southern Utah and is the primary attraction for more than 600 people per year.
(a) Visitor use surveys should be used to document visitation figures.
(b) Visitor use information may be waived if it is common knowledge that minimum visitation figures are met.
(F) Elements of scenery may be included in the Register of Outstandingly Remarkable/Relevant-Important Cultural Resources if it can be graphically described with identifiable limits and meets all of the following criteria:
(1) It is located within the official boundaries of the county;
(2) It is designated as Class A scenery or equivalent;
(3) It has a scenic quality rating greater than 28 or equivalent;
(4) It has a landform rating of five or equivalent;
(5) It has a vegetation rating of five or equivalent;
(6) It has a color rating of five or equivalent;
(7) It has a scarcity rating of five or greater;
(8) It is renown throughout the state;
(9) It is the primary destination for more than 2,400 visitors per year as verified by actual visitor counts; and
(10) All of the land proposed for designation meets all of the criteria.
(G) If the scenery does not meet the requirements outlined above, it may qualify for designation if it can be graphically described with identifiable limits and meets one of the following requirements:
(1) It is a National Park or National Monument administered by the National Park Service and has a scenic quality rating greater than 28 or equivalent.
(2) It is part of a congressionally designated area and:
(a) Has a minimum scenic quality rating 30; and
(b) Is the destination of more than 6,000 visitors per year as verified by actual visitor counts.
(3) It is a legislative designated area by the state and:
(a) Has a minimum of 28 or equivalent; and
(b) The governor of the state has requested its inclusion on the County Register of Outstandingly Remarkable/Relevant-Important Cultural Resources.
(H) No scenery shall be designated on the Register of Outstandingly Remarkable/Relevant-Important Cultural Resources if management actions restrict or prohibit activities or impacts that are lesser in nature than activities or impacts that were used to justify its designated status.
(I) Criteria for identifying outstandingly remarkable/relevant-important scenery is identified in divisions (F) and (G) above. The criterion applies to scenic resources in the county whether or not they are proposed for designation on the Register of Outstandingly Remarkable/Relevant-Important Cultural Resources. Scenic resources that fail to meet the criteria identified in division (F) above and division (G) above are not outstandingly remarkable or relevant-important.
(J) This chapter provides objective criteria for evaluation and recognition of outstandingly remarkable/relevant-important scenery. Absent federal or state authority which overrides this chapter, actions of public and private entities located in the county shall comply therewith. Actions which do not comply with this chapter are inconsistent with the county general management plan and are a violation of law.
(Ord. 2013-1, passed 7-8-2013)