HB0288 - Beautification of Wyoming.
|
2001 |
State of Wyoming |
01LSO-0600 |
HOUSE BILL NO. HB0288
Beautification of Wyoming.
Sponsored by: Representative(s) Nicholas
A BILL
for
1 AN ACT relating to the
beautification of Wyoming; providing
2 for
a percentage of an agency's budget to be used for
3 landscaping;
providing that highway rights-of-way be
4
landscaped; providing for the location of mining operations
5 and
processes involved in highway construction; providing
6
definitions; and providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 16-6-901 through 16-6-908 are created
11 to read:
12
13 CHAPTER 8
14 THE WYOMING BEAUTIFICATION ACT
15
Page 1
1 16-6-901. Short title.
2
3
This act shall be known, and may be cited, as the "Wyoming
4
Beautification Act."
5
6 16-6-902. Definitions.
7
8 (a) As used in this article:
9
10 (i) "Agency"
means any state office, department,
11 board, commission or institution and any
community college
12 district to which funds have been
appropriated, bonded or
13 otherwise provided by the state;
14
15 (ii) "Building"
means any permanent structure
16 and any appurtenant structure intended to
function as an
17 office, courtroom, hearing or meeting room
or other space
18 for carrying on the operation of any agency
or information
19 center for use by the public, including
parking areas and
20 storage areas;
21
22 (iii) "Department"
means the department of
23 transportation established pursuant to W.S.
9-2-2004.
24
Page 2
1 (iv) "Landscaping"
means to modify or ornament a
2
natural landscape by altering the existing plant cover;
3
4 (v) "Landscaping
materials" includes all
5
greenery, grass bushes, trees, shrubs and other materials
6
commonly used in landscaping;
7
8 (vi) "Public
lands" means the immediate area
9
around a building and includes the area typically used for
10 a lawn;
11
12 (vii) "Right-of-way"
means the area over which a
13 right-of-way exists;
14
15 (viii) "User"
means that agency with principal
16 administrative responsibility for the actual
use of any
17 building;
18
19 (ix) "This
act" means W.S. 16-6-901 through
20 16-6-908.
21
22 16-6-903. Beautification of public
property; state
23 funds.
24
Page 3
1 (a) The budget
for any building to be constructed by
2 or
for an agency shall include an amount for landscaping
3
public land, in an amount not less than one percent (1%) of
4 the
total budget amount.
5
6 (b) Every user
shall develop and adopt a plan no
7
later than December 31, 2001, to landscape public land
8
which is not landscaped at the time this act is adopted.
9 All
such plans shall seek to fully screen with trees any
10 wire fencing or storage areas which can be
seen from any
11 public thorough way.
12
13 16-6-904. Agencies and departments to
supervise their
14 own projects.
15
16 (a) In
administering this article, each agency shall
17 designate landscaping areas in the public
lands around its
18 buildings and the department shall also
designate
19 landscaping for highway rights-of-way and
shall accordingly
20 and as necessary, select or purchase and
arrange for
21 landscaping within the agency or department
or commission
22 to landscape and beautify the buildings and
rights-of-way
23 of the state of Wyoming.
24
Page 4
1 (b) The
purchase of landscaping materials or the
2
commissioning of a landscaper shall be done pursuant to
3
W.S. 9-2-1016.
4
5 (c) The
department and each agency shall, when
6
possible, give:
7
8 (i) Preference
to indigenous Wyoming landscaping
9
materials; and
10
11 (ii) Make every
attempt to landscape the
12 affected public lands with landscaping
materials that will
13 actually grow in Wyoming.
14
15 16-6-905. Expenses.
16
17 A reasonable
percentage of the total budgeted amount for
18 landscaping can be used throughout the
budgetary period for
19 maintenance and upkeep.
20
21 16-6-906. Leasing public rights-of-way to others.
22
23 In every contract in
which the department grants an
24 easement or a public access to any person,
the contract
Page 5
1 will require the person to fulfill the
requirements of this
2 act
in the same manner as if the department had control of
3 the
right-of-way.
4
5 16-6-907. Road construction.
6
7 (a) Mining
operations, long term construction
8
processes related to highway construction, stock piles and
9
storage facilities shall be located at least one (1) mile
10 away from the highway construction project,
unless that
11 restriction places the mining operation or
process closer
12 to another highway, town or municipality
than the highway
13 construction project or out of sight to the
highway unless
14 that placement would create an eyesore for
other highways,
15 towns or municipalities. Reasons for any
deviations from
16 the one (1) mile rule or out of sight
requirement shall be
17 in writing and maintained at the department.
18
19 (b) The
requirements of paragraph (a) shall not apply
20 to mining operations which are to be
reclaimed within two
21 (2) consecutive construction seasons.
22
23 16-6-908. Department to adopt
beautification
24 standards.
Page 6
1
2 (a) The
department shall adopt rules and regulations
3
which encourage and give priority to the following:
4
5 (i) The use of
decorative building materials for
6
bridges and other structures constructed by the department
7
which are near cities and towns;
8
9 (ii) The
planting and maintaining of trees in
10 and around any entrance to a city or town;
and
11
12 (iii) The
planting of trees within highway
13 rights-of-ways within a city and town when
such policies
14 are approved by the governing body of the
city or town.
15
16 16-6-909. Application.
17
18 Nothing in this act
shall limit the acquisition or
19 placement of landscaping materials acquired
from other
20 nonstate sources nor shall this act limit
the use of
21 architectural, functional or structural
detailing or
22 garnishing in the landscaping of any
building.
23
Page 7
1 Section 2. This act is effective July 1, 2001.
2
3 (END)
Page 8