Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: MONDAY, February 21, 1994 TAG: 9402210066
SECTION: VIRGINIA PAGE: C3 EDITION: METRO
SOURCE: Associated Press
DATELINE: MADISON LENGTH: Medium
The Virginia Department of Transportation in 1988 designated the stretch of road that runs through the county, just north of Charlottesville, as a scenic byway. It was hoped that the tag would help boost tourism by attracting people to Madison's restaurants and shops.
But the county has discovered that a September 1991 federal law makes it illegal for Virginia to allow off-site advertising signs on scenic byways that are also federally funded primary routes. The law effectively bars merchants from using signs on scenic byways to promote their businesses.
"When we got into the scenic byways program, VDOT said there were no strings attached," Madison County Administrator Steve Utz said.
County supervisors next month plan to consider whether to ask the state's Transportation Board to rescind the scenic byway designation for Virginia 231.
Julian Aylor, roadside development agent for the state transportation department, recently told the supervisors it would be illegal to post advertising signs along Virginia 231 just outside Madison's town limits.
"This was a federal law and the federal law takes precedent over state law," Aylor said. "It's been somewhat of a controversy, but we have to uphold the law."
If the state allowed off-site advertising signs on scenic byways, the federal government would take away 10 percent - $44 million - of the money it has earmarked to give Virginia for road upkeep.
Transportation department spokesman John Redmond said Madison County is the first to contemplate removing the byway designation in the two decades of the byway program.
But Utz said more counties are likely to discover the restraints of the federal law.
"We're just the first ones to raise a stink about it," Utz said.
Aylor said that if Madison supervisors ask the state to rescind the scenic designation, it would be "like biting off your nose to spite your face."
The department feels that because state maps highlight the scenic byways, that increases the chances of tourists traveling those roads.
The supervisors don't necessarily share that view.
"The only way we can get around this is to have the scenic byway designation eliminated," Supervisor James Hale said.
"I was astonished when they said we couldn't put up signs directing people to the various stores, restaurants and antique shops," Hale said. "It's kind of ridiculous. This was supposed to help tourism."
by CNB