1. The highways and transportation commission shall consider, at a minimum, the following factors in designating a road or highway as a scenic byway: (1) Highway design which preserves and protects the natural beauty or scenery of the area; (2) Significant scenic, natural, historical, cultural or recreational resources in the area; (3) Adequate land area to accommodate safe enjoyment of scenic attractions; (4) Compatibility of the scenic byway with recreational, aesthetic and environmental management needs of the area; and (5) Presence of existing protected areas near, or adjacent to, the scenic byway, such as national forests or federal or state park land. 2. The commission shall adopt a rating system to ensure that only roads and highways that display outstanding characteristics pursuant to the provision of subsection 1 of this section are designated as scenic byways as provided by the provisions of section 226.797 .
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