A scenic
tax?
By VAN KORNEGAY Guest columnist
For the third year in a row, the billboard industry is trying to
push a bill through the Legislature that would require local
communities to pay a “scenic tax” if they try to remove the visual
blight caused by billboards.
If House Bill 3381 passes, a new state law will require local
governments to pay billboard companies “just compensation” when new
zoning regulations require the removal of signs. According to the
billboard industry and its friends in the Legislature, just
compensation amounts to the cost of their signs plus future
potential income.
The cost to taxpayers could be as much as $500,000 per sign, a
cost that would make it financially impossible for local governments
to clean up billboard clutter. And of course, this is what the
industry wants — a statewide law that emasculates local governments
and insulates the sign industry from attempts to control billboard
blight.
Similar bills failed in the past two years when citizens and
environmental and municipal groups objected to the idea of state
government creating legislation that would give this controversial
industry special treatment and undermine the concept of Home Rule.
But this year the industry is doing a full-court press. It’s hired a
new lobbying firm and persuaded at least 55 House members to
co-sponsor the bill.
In a recent hearing before the House Labor, Commerce and Industry
Committee, an executive for Lamar, the national billboard giant,
said his industry is being unfairly “attacked” by local governments,
who are forcing signs to come down.
But the mean ol’ government boogeyman responsible for these
attacks is only the voice of citizens mad about the unchecked growth
of this form of ambush advertising. It is the backlash of those who
are tired of seeing the scenic roadways of South Carolina blighted
by a medium they can’t personally regulate by changing the channel,
turning the page or flipping the “off” switch.
The reality is that local governments are usually loath to take
on the billboard industry because they know that if they try to
clean up billboard blight they will get sued. What’s scaring the
industry is that one city, Myrtle Beach, had the backbone to stand
up to their threats.
Myrtle Beach is in Horry County, which has more than twice as
many billboards as any other county in the state, according to S.C.
Department of Transportation records. More than seven years ago the
city passed tough zoning laws that required a number of these
billboards to come down after a grace period, a process known as
amortization.
When the amortization period ended, one company, Clear Channel,
sued to force the city to leave its signs up. The city refused to
back down, and the case was headed for the federal courts when Clear
Channel and the city settled. The city agreed to let some signs
stay, but Clear Channel agreed to take at least 20 down.
Had the proposed billboard protection act been in place, Myrtle
Beach would have had to pay millions of taxpayer dollars, a scenic
tax, to get these signs down.
Will local governments also have to pay just compensation to
other undesirable businesses that are hurt by zoning laws? If we
have to pay outlandish sums to get rid of billboards, what about sex
shops and hog farms? Why an exception for the billboard
industry?
This piece of legislation should be dropped once and for all.
It’s corporate welfare at its worst, a sweetheart deal for an
industry that is a lightning rod for controversy. If legislators
wonder about public sentiment on this issue, I’d challenge them to
tell the voters come next election that they worked hard to ensure
that the billboards that litter our state’s roadsides never come
down.
Mr. Kornegay is a member of the S.C. Scenic Highways Committee
and an associate professor in the USC School of Journalism and Mass
Communications. |