In a step backwards for local control of telecommunications towers, the U.S. 9th Circuit Court of Appeals ruled this past month that communities could not withhold building permits for telecommunication towers on the basis of aesthetic considerations.

The ruling against zoning regulations in La Canada Flintridge, Calif. could have a significant impact on jurisdictions in the entire state of California, although the effect beyond the state is uncertain. Ordinances similar to La Canada Flintridge's are currently in effect throughout the state and have helped communities maintain their visual character in the face of increasing cell tower construction. The ruling maintained that since the state's core watertowerfairfaxcounty telecommunication law does not specifically allow local communities to regulate cell towers (or other communications facilities) on the basis of aesthetics, those jurisdictions can't make that a consideration when granting permits.

The decision was welcomed by members of the telecommunications industry but citizens of La Canada Flintridge concerned about visual blight were dismayed.

"This decision is a blow to local efforts to control the visual quality of California's communities, which are already dealing with billboards, overhead power lines, strip-mall sprawl, and other threats to their quality of life," said Kevin E. Fry, president of Scenic America. "The solution in this case is to change the state's law regulating telecommunications facilities to permit local governments to use aesthetics as a legitimate justification for regulation. Otherwise, residential neighborhoods, sensitive areas near schools, and scenic areas will be overwhelmed by giant, unsightly towers.

Fry went on to say that "Everyone wants to ensure adequate cell phone coverage for all citizens, but without the pressure to find creative solutions to siting issues that comes from well-written aesthetic ordinances, the quality of cell coverage may go up, but the quality of life will certainly go down. We think both can be improved, and urge the California legislature to step in and restore balance to the decision-making process, as should legislatures in other states with similarly drawn laws."

Local ordinances regulating cell tower construction on the basis of visual impacts has brought about innovation within the industry in recent years. There has been substantial pressure to either co-locate cell phone antennas on existing tall structures, or disguise their presence as trees, church steeples, flagpoles, or other less obtrusive structures. Disguised towers fill the gap in cell phone coverage, which are important to the telecommunications industry and its customers, while still responding to the concerns of local citizens over the destruction of community character.
Officials from La Canada Flintridge filed an appeal with the 9th Circuit Court of Appeals on January 31.

For more information about this issue, see Scenic America's Action Guide, Taming Wireless Telecommunications Towers, available for $8 on our website.

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Scenic Tennessee and Scenic America Combat Billboard Takeover in Court

As a part of our ongoing support of cities, towns, and counties fighting the billboard industry's efforts to use the courts to undermine aesthetic regulation, Scenic America has partnered with the American Planning Association and Scenic Tennessee to file an amicus brief in support of Brentwood, Tenn., in Prime Media vs. Brentwood. The city of Brentwood is being attacked through the legal system in hopes of overturning local sign regulation in this small Tennessee town.

Similar strategies have been used across the country in more than 100 communities. Billboard companies will knowingly submit applications for billboards that do not fit the requirements of the local ordinances. When these applications are rejected the companies take the communities to court and challenge the constitutionality of their sign regulations.

Thanks to member support we have raised almost $10,000 toward the $150,000 we need in order to provide technical support to communities that are targeted by the billboard industry. Experience has shown us that communities that are equipped to handle these courtroom challenges are winning. Help us stop this SIGN CODE SHAKEDOWN. Please continue to spread the word to your friends about this insidious campaign against local sign regulation, and if you haven't already, donate online today at www.scenic.org.

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Action Alert: Administration's Proposal Threatens National Parks

Last month we reported on dire changes that have been proposed in the new National Park Service (NPS) management policies. (Scenic Overlook January 2006) These changes, the first of their kind ever proposed, could impact every national park across the country, including the Great Smoky Mountains, Yosemite, and the Grand Canyon.

Don't let a 90-year-old policy protecting our national treasures be weakened by ill-advised and destructive attempts to shift the fundamental purpose of the parks away from conservation.

TAKE ACTION:
Submit your comments to the National Park Service.
Learn more about the Areas of Concern in Proposed Management Policies from Scenic America.

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Scenic America is Growing

Scenic America is pleased to announce that it is hiring a Director of Scenic Conservation!

Among its many achievements, Scenic America was instrumental in the founding of the National Scenic Byways program and influential in establishing the core principles underpinning the concept of context-sensitive transportation solutions. We have also been an active advocate for strengthening the role of scenic conservation in federal transportation legislation. The new Director of Scenic Conservation Services position will continue that tradition by providing both policy leadership and direct scenic conservation services on National Scenic Byways and other transportation corridors.

MORE INFORMATION:

To learn more about America's byways and get a free map, visit www.byways.org.
Plan a trip through America's Byways at www.byways.org/plan/.

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Will Wisconsin Trees Fall to Billboard Ax?

In response to proposed legislation in the Wisconsin State Senate and Assembly, Scenic Wisconsin has announced its opposition to proposed changes that would nearly double the viewing zones of billboards, allowing for increased removal of trees and shrubs along the public right of way. Current zoning sets a limit of 350 feet to be trimmed.

Regarding the bill, Chuck Mitchell, executive director of Citizens for Scenic Wisconsin commented that, "View zones of 500 or 600 feet -- two football fields -- is unnecessarily wide and will result in the destruction of too much valuable vegetation."

Mitchell added, "Trees and shrubs in the strip of public land beside our roads are a benefit, providing not only scenic beauty, but erosion control, light screens, noise barriers and snow containment."

Currently, the Wisconsin Department of Transportation is responsible for the trimming of vegetation surrounding billboards using a Natural Roadside policy. But the proposed bill would also allow billboard companies and private contractors to assume responsibility for trimming and vegetation removal.

MORE INFORMATION:

For more information of the legal right of communities to restrict tree cutting near billboards, see Trees, Billboards, and the Right to be Seen From the Road by Charles F. Floyd.

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Donate a Photo to Scenic Scrapbook

A picture is worth a thousand words, especially when it comes to SCRAPBOOK0206 documenting America's changing landscape. In an effort to share this vision of America's scenery -- both good and bad -- with other members of Scenic America we are building up our Scenic Scrapbook section.

Have you got a particularly bad billboard in your area or that you saw on a trip? Is there a scenic view you treasure and want to protect? Send us your digital images and a brief description of what you've seen so that it will be available on the web at www.Scenic.org.

Send photos scenic@scenic.org.

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