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Oregon's highways have offered a relatively clear view of that state's countryside for the past 35 years, but all of that may change with a decision that came down in late March from the Oregon Supreme Court. The court struck down Oregon's statute that allowed the state to place restrictions on billboards in commercial or industrial areas that advertise goods or services not being provided at the site of the sign, saying the law as written violated free-speech protections.

The court held that by treating off-premise signs (billboards) differently from on-premise signs, which advertise activity occurring on the property on which the sign sits, the state was impermissibly regulating the content of the sign, thus violating strict free-speech protections in the state constitution. No other state supreme court in the country has ever ruled this way; state and local governments have long had the court-approved ability to regulate on- and off-premise signs differently. But because of this startling ruling, Oregon state officials are now left without the regulatory tools they need to control blight and face unclear guidelines regarding many other aspects of billboard regulation. especially now that the permitting process that underpinned sign control is no longer in place. The ruling also undermines the constitutionality of all local ordinances affecting the remainder of Oregon's roads.

The billboard law that was struck down was originally enacted to comply with the requirements of the Highway Beautification Act (HBA), and because of the ruling the state theoretically stands to lose as much as $27 million annually in federal highway funding.

Oregon's commitment to protecting its scenic resources went beyond simple compliance with HBA, capping the number of billboards in the state at 2,000. But now many citizens are concerned that decades of effective sign control is about to be undone.

Kevin Neely, a spokesman for the Oregon attorney general's office, expressed this concern to the Oregon Statesman-Journal, saying that "...it could potentially result in an increased number of billboards. One of the regulatory tools used by the Oregon Department of Transportation has been eliminated."

State officials are now scrambling to find a solution that meets this new and unprecedented constitutional standard.

Although the ruling only affects Oregon, advocates for the outdoor advertising industry are pursuing a similar court battle in Rhode Island.

The Rhode Island outdoor advertising statute is under attack in federal court. In a suit filed late last year, the plaintiff is seeking to strike down the state's distinction between onsite and offsite advertising. This has been a fundamental legal concept in establishing effective control over billboards. If successful, Rhode Island and all local governments would lose control over regulating billboards as a sign-type, and the state would likely lose 10 percent of its federal highway funds. In the past similar attacks on state outdoor advertising statutes have failed, but the Oregon decision in March has demonstrated that relentless attacks on billboard control can succeed with disastrous consequences for states and local governments and their citizens.

Scenic America needs your help to fight this battle, and the myriad battles that are raging in the courts and legislatures across the country. We are seeking contributions to enable us to add technical staff that can be deployed to support the efforts in Oregon, Rhode Island, and other places under attack by the outdoor advertising industry. Please donate today ... before it's too late!

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A recent article in ArcNews, a leading geographic information system (GIS) trade journal, highlights the role that computer technology is playing in helping to map and protect scenic resources in the Puget Sound region of Washington State.

The Trust for Public Land (TPL), a long time partner with Scenic America, is working with the landscape architecture and environmental planning firm of Jones and Jones (J&J), to develop a "Greenprint for Puget Sound" that outlines a strategy for inventorying and protecting the unique features and open spaces that define this region using GIS technology.

According to Roger Hoestery, Northwest Regional Director for TPL, each region of the country has its own unique intrinsic features that contribute to that area's landscape character and scenic beauty, but they need to be identified. These unique qualities include physiographic and cultural elements that help to define a sense of place and play a large role in why people chose to live in or travel to a region.

TPL and J&J are working together to identify the key "signature landforms" and other features that help constitute the aesthetic resources in a region so that they can be better protected from potential impact by development or land use planning decisions. Both parties agree that GIS technology can be used to make better decisions in land protection and help reconnect communities and citizens to their lands and waters.

As America continues to grow, the scenic character of America's communities and landscapes is at risk of becoming a depleted resource. "The Greenprint for Puget Sound is a fantastic example of using technology to connect communities and landscapes by helping map and monitor the intrinsic aesthetic landscapes that contribute to a region's character," commented Brad Cownover, Director of Scenic Conservation for Scenic America. "While much is being done to help mitigate against the potential for visual impacts from different types of development (i.e. billboards, cell towers, residential development, etc.) less has been done to actually quantify the scenic resources specifically."

For more information on this project, go to the ESRI website at: http://www.esri.com/news/arcnews/winter0506articles/for-puget-sound.html

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A NEW LOOK FOR SCENIC AMERICA

Many of our readers have already had a chance to see the new face of Scenic America at www.scenic.org, but for those of you that haven't, check it out today. The website features not only an updated look, but a host of new resources. Fans of Scenic Scrapbook can now view all of the photos online, including images that didn't make it into the newsletter. There are also new resources within the issue pages on fighting visual blight, scenic conservation, and preserving community character.

We are also pleased to announce the addition of the Scenic America Action Center to the website. This is your one-stop resource for staying up-to-date on national and regional issues that affect your community and for participating in current Scenic America campaigns to promote America's beauty and community character. Spread the word to your friends.

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In a groundbreaking response to a persistent problem along Kentucky's roadways, Scenic Kentucky is offering a $1,000 reward for information leading to the capture and conviction of illegal tree-cutters clearing foliage on public land in front of billboards along Interstate 71.

The tree cuttings occurred last September, with a formal investigation launched by the state attorney general's office in January. The land where the trees were cut is along a busy stretch of the interstate and Scenic Kentucky is counting on the fact that someone passing by can provide more information on the unmarked tan mulching truck that has been placed at the scene. Making this brazen criminal action even more outrageous is the fact that the surrounding trees were cut to increase the view of a blank CBS Outdoor billboard.

Keith Eiken, executive director of Scenic Kentucky, commented on the heinous act, saying "The frequent occurrence of illegal tree cutting in front of billboards sends a message that outdoor advertisers are above the law."

The announcement this past month of Scenic Kentucky's reward was met with enthusiasm by the public, and through local citizen action both local Mayor's office and the County Judge-Executive and the Fiscal Court have agreed to raise the reward an additional $1,000.

MORE INFORMATION:

Learn more about Scenic Kentucky at www.ScenicKentucky.org.

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Concerned citizen Anna Cancel in Fayetteville, Pennsylvania submitted a horrific photo of a billboard that appeared overnight in the lawn of a neighbor's house. The house is a rental property and the billboard was erected by the company that owns the property. Amusingly enough, the house is for sale.

What do you see out your window? Send us pictures and your commentary about the good, the bad, and the ugly that affect the visual quality in your town.

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