§544e Administration of scenic area

Summary

The Commission must run the non-Federal lands in the scenic area under the management plan and related rules. Each county has 60 days after first getting the plan to send the Commission a letter saying it plans to adopt a land use ordinance that follows the plan. Each county then has 270 days to adopt the ordinance and must send it to the Commission. The Commission has 90 days to approve an ordinance by a majority vote that includes at least three members from each State. If the Commission does not act in 90 days, the ordinance is automatically approved. If the Commission rejects it, it must explain why and suggest changes. The county has 90 days to revise and resend the ordinance. The Commission then has 60 days to act, and if it does not act the ordinance is approved. If a county fails to follow these steps, the Commission has 90 days after that finding to make and publish its own land use rules for the non-Federal lands in that county inside the scenic area, leaving out the identified urban areas. Those rules can differ for different parcels and can be changed later. A county that is subject to Commission rules can later choose in writing to adopt its own ordinance and must follow the same approval process; an approved county ordinance replaces the Commission’s rules, subject to existing rights. The Secretary is allowed to design, build, operate, and maintain the facilities listed in the recreation assessment.