[Durham INC] Fw: Billboard bill to be on the House floor today

[Pat Carstensen]

One last chance this AM to get your friends outside Durham to call their reps.

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From: North Carolina Chp Conservation Forum <NC-CONS-FORUM at LISTS.SIERRACLUB.ORG> on behalf of Molly Diggins <molly.diggins at sierraclub.org>
Sent: Tuesday, June 6, 2017 4:22 PM
To: NC-CONS-FORUM at LISTS.SIERRACLUB.ORG
Subject: Billboard bill to be on the House floor tomorrow

Please make that call that you were planning to make to your House Rep!

Thanks

Molly

-----------------------------------

Message sent earlier today to fellow environmental groups:


All,


While community appearance and taxpayer issues probably aren’t at the top of any of our list of environmental challenges facing the state, a pending piece of legislation affects all of our communities (and all of our pocketbooks).


HB 581, Revisions to Outdoor Advertising Laws<http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2017&BillID=h581&submitButton=Go>, sponsored by Rep. Lewis is expected to be on the House floor tomorrow.  Because the primary sponsor is the House Rules Chair, it stands a good chance of moving, despite DOT’s opposition.


(Case in point: despite substantial impacts in the area of transportation, judiciary and the environment, HB 581 was not sent to any of those committees in the House. It went to finance committee only and, now, to the floor.)


You may wish to share this action alert with your lists, or to take action yourself.


In a nutshell, HB 581 gives the outdoor advertising industry everything it has ever asked for, plus more. Here is what HB 581 does:


Loss of local control:

  *   If required to remove a billboard by a local government or DOT, industry could relocate the billboard to the location of their choosing. Relocation would have to be in the same jurisdiction, but the bill would let billboards be placed in areas where they are not currently allowed by local zoning or ordinance.

  *   Companies could switch existing traditional signs to digital billboards at will, regardless of local regulations or prohibitions.


Fiscal impact on taxpayers:

  *   If state or local governments require removal of a sign - when replacing a bridge, for example - taxpayers would have to cover not just fair market value but the much greater cost of lost advertising revenue to be calculated as set out in the bill. Currently, compensation is based on the sign's fair market value replacement cost.

  *   This differs from what other businesses and homeowners would receive in similar circumstances and would set a precedent .

  *   The bill in its current form violates federal regulations by, among other things, requiring the state to allow nonconforming signs to be rebuilt and relocated.  DOT estimates this will jeopardize up to all 10% of all federal highway funds for NC.


Environmental impacts

  *   The bill would allow billboard companies to cut more trees in more areas, including in medians and at exit ramps, to increase visibility of signs. Dogwood and redbud trees would lose their current protected status.  Compensation to taxpayers for loss of a public resource (trees) would be decreased.


Impact on pending litigation:

  *   H 581 would insert the Legislature into litigation pending before the NC Supreme Court: See Dep't of Transp. v. Adams Outdoor Adver. of Charlotte LP<http://law.justia.com/cases/north-carolina/court-of-appeals/2016/15-589.html>, 785 S.E.2d 151, 153, 2016 BL 123296 (N.C. Ct. App. 2016), striking down award of lost advertising rental income on billboard leased when the land on which it was located was condemned.


Oh-- and if all of this isn’t bad enough, the bill is retroactive to 2014.


Please urge your members, friends and family to call your House member today and ask that they vote against H 581.


Or, here is an action alert you can distribute or borrow from for your own alert:    https://sierra.secure.force.com/actions/NorthCarolina?actionId=AR0080484



Thanks.

Molly

--
Molly Diggins, State Director
NC Sierra Club
19  W. Hargett Street Suite 210
Raleigh NC 27601
919.833-8467
molly.diggins at sierraclub.org<mailto:molly.diggins at sierraclub.org>
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