(1) This chapter shall not prohibit, restrict or otherwise affect any existing or future lawful use or activity in or related to a scenic byway area. This chapter also shall not prohibit, restrict or otherwise affect the operation, maintenance or new construction of any facility, road, railroad, bridge, utility, pipeline, crossing or any other structure in or related to a scenic byway area. If there is any conflict between this section and any other provision of this chapter, this section shall control.
(2) Nothing in this chapter shall mandate local governments to participate in the program, and a local governmental entity may terminate participation in the program at any time by resolution duly adopted and entered upon its minutes.