[Durham INC] Fwd: Please write support letters adding back the protection of local ordinances/values to legislation permitting billboards to clear cut along state roads SB183

[Reyn Bowman]

---------- Forwarded message ----------
From: Reyn Bowman <reynbowman at gmail.com>
Date: Mon, Jun 25, 2012 at 12:53 PM
Subject: Please write support letters adding back the protection of local
ordinances/values to legislation permitting billboards to clear cut along
state roads SB183

To: Durham City Council <Council at durhamnc.gov>

** **

Dear Mayor and City Council,****

Please write a letter of support to
Becky.Carney at ncleg.net<http://us.mc1844.mail.yahoo.com/mc/compose?to=Becky.Carney@ncleg.net>,
and Ruth.Samuelson at ncleg.net<http://us.mc1844.mail.yahoo.com/mc/compose?to=Ruth.Samuelson@ncleg.net>
 cosponsors of SB 428, Selective Vegetation Removal, which would restore
local governmental authority regarding SB 183, clear cutting around
billboards in DOT right of ways.****

 ****

 The new version of SB 183 (SB 428) restores language similar to that
approved last year by the House to ensure that local government authority
was protected in sweeping changes to the state's rules allowing
tree-cutting around billboards.

SB 183, Selective Vegetation Removal was one of the most debated and
controversial laws of the 2011 session. The House voted to the Senate bill
to protect the integrity of local tree-ordinances and investment in other
local beautification projects in the review and approval process for
issuing tree-cutting permits to billboard companies. However, the
provisions affecting local government control the provisions affecting
local government control were largely removed in conference committee.****


 Please see below and the attached bill. ****

 ****

Thank you for your support.****


  Reyn Bowman, President

Scenic NC 919-381-1497


--- On *Fri, 6/22/12, Ryke Longest Jr., J.D. <longest at law.duke.edu>* wrote:

Section 1(a) of the bill makes a minor technical correction to allow local
governments the rights to receive notice of billboard tree cutting permit
applications for billboards within the extraterritorial jurisdiction of a
municipality.  NCDOT had interpreted SB 183 to limit those reviews to
billboards actually in city limits. ****

  ****

Section 1(b) of the bill clarifies that local governments do not have to
issue electrical permits to signs that were constructed or maintained in
violation of local ordinances.  SB 183 was being interpreted as trumping
all local ordinances in favor of NC DOT permits. ****

  ****

Section 1(c) of the bill corrects SB 183 to require a replanting plan a)
where the billboard company proposes to cut trees that were more than 4
inches across when the billboard was installed; or b) where requested by a
local government.  ** **

  ****

Section 1(d) of the bill gives NCDOT the power to approve the permits with
conditions or to deny permits to cut in front of signs that violate local
ordinances or where plantings were done to protect neighborhoods from
highway noise. ****

  ****

Section 1(e) of the bill is a savings clause to help keep local government
zoning and regulatory authority intact over outdoor advertising.  This will
help local governments avoid litigation over their limits on sign size and
shape being trumped by virtue of the NC DOT permits that have been issued
to them. ****

  ****

 Thanks,

Ryke ****

Ryke Longest****

Director****

Duke Environmental Law and Policy Clinic****

Duke University School of Law****

Nicholas School of the Environment****

Box 90360****

210 Science Drive****

Durham, N.C. 27708-0360****

(919) 613-7207****

longest at law.duke.edu<http://us.mc1844.mail.yahoo.com/mc/compose?to=longest@law.duke.edu>
****

** **





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