Friday, March 30, 2012

City of Charlotte: Deny billboard company's tree-cutting requests ...

Charlotte officials want the state to deny most of Adams Outdoor Advertising’s requests to cut down hundreds of trees along city interstates under a new billboard law that went into effect this month.

In a letter sent Friday to the N.C. Department of Transportation, City Arborist Don McSween said officials want the state to turn down 16 out of the company’s 21 petitions. In the bulk of the cases, the city pointed to nine criteria in the DOT rules that would allow the state to deny a petition.

For example, the city said a request to remove at least 270 trees and shrubs by a billboard at the intersection of the Interstate 485 inner loop and Westinghouse Boulevard should be struck down, in part because some trees were spared as the highway was built to block noise and provide beautification to the area. In five petitions, the city cited concerns about possible erosion.

The city also pointed out that many of the tree-removal requests involve signs that violate city ordinances on billboards.

Adams’ General Manager Kevin Madrzykowski said the permits sought by the company are for billboard displays permitted by the state. He said the company is confident its applications were completed correctly and in accordance with state law and the NCDOT rules.

“The law and rules governing vegetation removal on NCDOT Right of Way are clear, and we look forward to the permit applications progressing to the NCDOT for their review and approval,” Madrzykowski said in an email. “Again, as this process is new to everyone, we will be happy to answer any questions the NCDOT may have of us during the process and will continue to work cooperatively with both the NCDOT and City of Charlotte as we move ahead.”

According to the city, the state now has 30 days to review the tree-removal applications.

New law

Under a law that went into effect on March 1, billboard companies can ask the N.C. DOT for a permit to clear up to 340 feet in front of billboards. Previously, they could clear no more than a 250-foot window.

The new law was passed after lobbying from the N.C. Outdoor Advertising Association and billboard companies. But environmentalists and the city of Charlotte objected to the new rules. The concerns were raised again after the DOT said local governments could offer input but not have final say on tree-cutting requests. A lawsuit was filed earlier this month on behalf of Scene N.C. to try to stop the state from approving applications.

In his letter to the state DOT, McSween, the arborist, said the city appreciated the opportunity to submit feedback on Adams’ tree-cutting proposals. “However, the city of Charlotte continues to be concerned that the temporary administrative rules do not allow for meaningful local government input and specifically for citation of our local ordinances and regulations as a reason to deny tree removal,” McSween wrote.

“Our fundamental concern remains the vital need for local communities to retain the ability to protect the natural environment, specifically trees and tree canopy.”

The city of Charlotte has previously barred billboard companies from cutting down trees larger than four inches in diameter. In the letter, McSween said the city had a tree canopy of 46 percent, one of the best in the country among large cities.

Adams officials have said the company wants to make sure that advertisers that pay for messages on signs can have them seen by passing motorists. The company also has said it may not remove as many trees as it listed on applications, and the final impact of the law won’t be as significant as some fear.

State Sen. Harry Brown, a Republican from Onslow County who was the bill’s primary sponsor, has also said he thinks the concerns over the billboard law are “being blown out of proportion.”

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