Knoxville state Sen. Becky Massey is sponsoring a billboard industry sweetheart bill that creates a state override on local zoning decisions which regulate electronic billboards. It seems the philosophy underlying the bill is, if you want one, you get one.
The bill is framed as an amendment to the state grandfather law. Senate Bill 1760 lets the billboard company upgrade or rebuild offsite, nonconformity billboards to make them electronic. Massey’s bill mirrors House Bill 1651, introduced by Rep. Dan Howell of Cleveland, Tennessee.
The state should not preempt local municipal control. Both off-premise and on-premise signs should be a local decision, including considerations about size, height, lighting standards, distance, location, etc. Local officials – elected mayors and councils – are in the best position to regulate such advertising signs. Such regulation should reflect local values, determined after public planning and visioning processes. Those help achieve local consensus.
The bill refers to “current structural and illumination technologies” to salvage nonconforming structures. But the reality is that local communities like Knoxville (a chartered Home Rule municipality) have debated long and hard on whether to allow such visual distractions on local roads, and how to limit their brightness, speed of image changes, and other neighborhood impact and road hazard avoidance features. Why should the state simply blow away those measured local concerns with a blanket override?
Has anyone examined the burdens such a blanket permission will place on local inspection and enforcement requirements? What other costs might be incurred? On tourist development? On traffic safety implications from flashing distractions? On visual clutter? That way, specific site data and concerns can be considered.
Conclusion: The state legislature should reject this industry-sponsored override of local zoning. At a minimum, the bill should not apply where Home Rule governments, like Knoxville, have enacted comprehensive local zoning billboard ordinances. There is no compelling state interest to support the bill.
Nick Della Volpe is a lawyer, a gardener and a former member of Knoxville City Council.
