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Vantage to Pomona Heights Chapter 3 230 kV Transmission Line Project FEIS Affected Environment PAGE 3-203 3.8.3.2 State WSDOT is required to consider the following federal and state statutes and regulations when analyzing impacts to visual quality and aesthetics: • 42 United States Code §4321 National Environmental Policy Act (NEPA): NEPA (and the State Environmental Policy Act [SEPA]) requires that all major actions sponsored, funded, permitted, or approved by federal agencies undergo planning to ensure environmental considerations such as impacts related to aesthetics and visual quality are given due weight in decision making. NEPA Section 101(b)(2) states that it is the “continuous responsibility” of the federal government to “use all practicable means” to “assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings.” • 40 Code of Federal Regulations (CFR) Parts 1500-1508: Council on Environmental Quality implements regulations requiring environmental analyses are to consider impacts on the design of the built environment. • 23 CFR Part 750: The Highway Beautification Act of 1965 was enacted to provide effective control of outdoor advertising and junkyards, protect public investment, promote the safety and recreational value of public travel and preserve natural beauty, and provide landscapes and roadside development reasonably necessary to accommodate the traveling public. • Revised Code of Washington (RCW) 43.21c SEPA: SEPA requires that all major actions sponsored, funded, permitted, or approved by state and/or local agencies undergo planning to ensure environmental considerations such as impacts related to aesthetics and visual quality are given due weight in decision making. • RCW 47.39 Scenic and Recreational Highway Act of 1967: Establishes the Scenic and Recreational (S&R) Highways Program and designates more than 1,900 miles of scenic highways. • RCW 47.40 Roadside Improvement and Beautification: Outlines permit process for persons wishing to use highway right-of-way (ROW) for improvement and beautification. Establishes penalty for destroying native flora on state lands. Mandates litter removal and authorizes state and local Adopt-a-Highway programs. • RCW 47.39 Amended Scenic and Recreational Highway Act of 1967 (1990): Directs WSDOT to develop criteria and a threshold methodology to evaluate highways for possible inclusion in the S&R system. States that S&R highways are designated because of a need to develop management plans that will protect and preserve the S&R resources from loss through inappropriate development. States that protection of these resources includes managing land use outside normal highway ROWs and adds additional routes to the S&R System. • RCW 47.39 Amended Scenic and Recreational Highway Act of 1967 (1993): Includes 45 percent of state highways in the S&R system. Directs the department to consider the use of the designated system by bicycles and pedestrians. Delegates authority for establishment of planning and design standards for S&R highways. • Washington Administrative Code 468-34-330 Scenic Enhancement for Utilities Accommodation on State Highway ROWs: Describes a scenic classification system for utilities accommodation on state highway ROWs as developed through cooperation of WSDOT and the Aerial Utility Industry. 3.8.3.3 Yakima County The Yakima County Comprehensive Plan was adopted May 20, 1997 and was updated in 2007 to include the Washington State Growth Management Act Update (Yakima County 2007). The visual Natural Setting is covered under section NS 6 of the Yakima County Comprehensive Plan. Section NS 6 has goals