[Durham INC] Group Challenges New Billboard Rules in Court

[Reyn Bowman]

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[image: http://www.dcvb-nc.com/comm/Scenic_NC_weblogo.jpg]****

*For Immediate Release  *
February 29, 2012

*Contact*: Reyn Bowman, President
*Phone*: (919) 381-1497
*Email*: scenicnc at gmail.com****

*Group Challenges New Billboard Rules in Court*
*Scenic NC Takes a Stand for Public Trees*****


The Duke Environmental Law and Policy Clinic today 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 was no public hearing
in the parts of the state’s 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.
 ****

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*Scenic NC, Inc. is a non-profit corporation dedicated to preserving and
enhancing the scenic resources, natural beauty and community appearance
throughout the State of North Carolina.  *****

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***



-- 
Reyn Bowman
2203 Shoreham St
Durham, NC 27707
919-381-1497
www.bullcitymutterings.com
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