Group Challenges New Billboard Rules in Court

The Duke Environmental Law and Policy Clinic yesterday filed a lawsuit in Wake County Superior Court on behalf of the North Carolina non-profit group Scenic NC. The suit is a challenge to recently issued rules allowing billboard companies to clear cut trees on the state's roadways in order to increase the visibility of billboards.

The lawsuit asks the court to set aside temporary rules issued earlier this year on the basis that the rules violate the state's Administrative Procedures Act (APA). "The public was deprived of the opportunity to speak on these rules, which changed mid-stream at the request of the industry," said Reyn Bowman, of Scenic NC. The APA requires that agencies must re-issue rules if they are substantially changed from what was sent to public hearing.

Despite the substantial public outcry against these rules and the critical impact they will have on communities statewide, there were no public hearings in parts of the state that will be most severely affected. "It is important that citizens have adequate opportunity to weigh in on these rules which will substantially and negatively impact the landscape and scenic beauty of this state," added Bowman. “A recent poll conducted by Public Policy Polling indicates that more than 80% of North Carolina voters surveyed said they opposed removing more trees so that billboards could be seen for longer distances.

The temporary rules as initially noticed by the state's Department of Transportation required the billboard companies to re-plant when more than 60% of the vegetation is cleared. In response to objections from the industry, the final rules removed that requirement. The temporary rules enacted in January do not require replanting even if all trees are cut down.

The temporary rules are due to go into effect on March 1 to implement a controversial measure passed by the NC General Assembly this year. The NC Department of Transportation estimates that several hundred thousand trees could be destroyed, and that the value of the public’s sacrificed trees will be $12 million.

DCVB Passes Resolution to Halt Temporary Rules for Billboards

In a regularly scheduled board meeting of the Durham Convention & Visitors Bureau, a resolution was passed in support of asking Governor Beverly Perdue to halt the temporary rules related to Senate Bill 183 that were enacted by the state’s Department of Transportation.  

While fully recognizing that many tourism sector businesses in North Carolina utilize billboards, the DCVB also weighed the impact this would have on Durham’s appearance and unique sense of place.   

Wib Gulley, Chair of DCVBs Board of Directors commented, “This is not a simple issue, and it is not that one side is for billboards and the other side is against them.  But there are a lot of people who value their community’s appearance, see it as a key asset, and believe that the passage of these rules will hurt people and businesses whose jobs depend on the state’s scenic beauty.” 

Durham passed billboard ordinances in 1984 which banned any new billboards from being erected and relegated existing billboards to a nonconforming use status. In 2010 both the City and County of Durham separately and independently upheld the existing ordinances.

Passage of SB183 and the temporary rules enacted will effectively preempt local vegetation protection ordinances like these which were put in place to protect the viewshed, screen traffic noise from adjoining neighborhoods and protect motorists from dust and other pollutants from industrial sites.

See also:
Group Challenges New Billboard Rules in Court
Natural Scenic Beauty?
Durham Residents Support Billboard Ordinance

Natural Scenic Beauty?

North Carolina has long been known as a place of natural scenic beauty.  It's one of the main reasons this is the sixth most visited state in the US.

However, a new law passed by the general assembly could change all that.

New rules allow for clear cutting trees in a 340 foot zone around billboards in cities and in a 380 foot zone in rural area.  These supersede ordinances passed by individual communities such as Durham, which has very strict rules in place.  As it currently stands, outdoor advertising companies will be able to cut down trees starting in March, without any replanting requirements or recompense for the lost trees.

Scenic North Carolina, a state-wide nonprofit, has passed a resolution asking Governor Purdue to halt this before the irreparable loss of  $12 million worth of publicly-owned trees.

(DCVB's President & CEO serves as Secretary-Treasurer of Scenic North Carolina.)

Municipalities such as Durham and Charlotte are weighing in on this, as is the Sierra Club, and the NC Metropolitan Mayors Coalition, of which Durham Mayor Bill Bell is chairman.

So what does this mean specifically for Durham, a community that values appearance and a sense of place? Here are some photos and examples prepared by the NC Department of Transportation.  

The first shows a view of the Durham Freeway with its current bank of trees shielding an industrial plant.  To the left is a section of mature Leland Cypress trees planted as a screen to protect the view shed.

The photo below shows a 400 foot cutting zone, which was originally proposed, but then reduced to 340' or 380' depending on the location.  This particular billboard is a dual facing billboard, meaning the cut zone is 680'; 340' in each direction.

So right here in Durham, on 147, we are likely to have the length of more than two football fields clear cut of all these trees along the public's right of way, with no replanting and no compensation given to the public.  In return we get to have a very complete view of a billboard (lower left hand corner of the image below)  and the backside of...well see for yourself.

Satellite view of 147 from Google Maps

NC Voters Strongly Prefer Local Control of Billboards, Poll Shows

North Carolina voters oppose proposed changes to state law that would take away local control of billboards and would allow more electronic billboards along highways and roadsides, according to a new statewide poll released by the N.C. League of Conservation Voters.

The telephone survey indicates that North Carolina voters overwhelmingly hold the view that billboards detract from the appearance of communities and strongly believe that placement of billboards should remain a local decision. Voters across the political spectrum shared those views. Seventy percent of Democratic voters, 68 percent of Republican voters and 78 percent of independent voters said billboards detracted from community appearance.

Read more: http://pulse.ncpolicywatch.org/2011/04/06/poll-confirms-widespread-voter-opposition-to-more-billboards/ 

Tourism Sector Representatives Stunned By New Proposed Statewide Billboard Threat!

Durham blogger and President Emeritus of the Durham Convention & Visitors Bureau shares his thoughts on the proposed statewide billboard legislation...

Tourism Sector Representatives Stunned By New Proposed Statewide Billboard Threat! Bull City Mutterings
Reyn Bowman

There were a lot of stunned looks on the faces of representatives of North Carolina’s $17 billion tourism sector, meeting last week in Asheville at the Governor’s Conference, when news circulated that a car dealer from Jacksonville was justifying legislation filed on behalf of the Outdoor Billboard industry as “business-friendly.”

Fueling outrage across the state is the risk that the bill signals to the scenic beauty, historical and cultural features central to tourism as the state’s second or third largest economic sector and relied upon now by 40,000 Tar Heel businesses.

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