By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – The law governing billboards on the tribal lands of the Eastern Band of Cherokee Indians can be found in Article I Chapter 136 of the Cherokee Code which was established with the passage of Ord. No. 310 on Sept. 6, 2012.
Section 136.2 outlines who is in charge of approving billboards. “All billboards shall be under the sole and exclusive jurisdiction of the Tribal Council of the Eastern Band of Cherokee Indians. No billboards shall be allowed on Cherokee trust land except with the approval of the Tribal Business Committee.
The Planning Office and its successor offices shall serve as the primary staff for the administration of this article, at the direction of the Business Committee. Staff duties shall include, but not be limited to, review of billboards, the enforcement of rules and decisions of the Business Committee, for offering recommendations to assist in regulatory efforts, and referring billboard matters not delegated to the staff to the Business Committee for its consideration. The extent practicable, the Business Committee and the Planning Office shall administer this article and the regulation of billboards in the same manner as the site review process expressed in Cherokee Code Section 47A-1.”
According to Section 136-3, billboards are not allowed within the Qualla Boundary’s business district. That section goes on to define that area as:
“The Business District is defined, for the purposes of this article, as those geographic areas including:
(1) On and along US 19 from the intersection of Standingdeer Road running in a westerly direction to Owl Branch Road;
(2) On and along US 441 from the exterior boundary line of the Cherokee Indian Reservation to the intersection with US 19;
(3) On and along White Water Drive from the intersection of US 441 to the intersection of US 19;
(4) On and along US 441 where it intersects with US 19 to the entrance of the Great Smokey Mountain National Park;
(5) On and along Aquoni Road; and
(6) From Saunooke Village along Big Cove Road to Cherokee High School.”
Section 136-4 describes the permitting process for billboards. According to that law, a permit cost $250 and cannot exceed three years in duration.
Section 136-5 describes in detail the regulations that billboards must adhere to under the Cherokee Code. The first three subsections describe height, spacing, and size as follows:
“(a) Height. The top of any billboard shall not be higher than 30 feet above the natural established grade of the parcel or lot upon which it is located or placed, and in no case shall double-decker billboards be allowed.
(b) Spacing. No billboard shall be nearer than 500 feet to another billboard along the same side of a common right-of-way.
(c) Size. No billboard shall exceed 36 feet in length or 378 square feet in area, inclusive of any border and trim, but excluding the base or apron, support and other structural members. The maximum size limitation shall apply to each side of a billboard structure. Two or more billboards may be grouped back-to-back, end-to-end or in a single V having an included angle not greater than 30 degrees at a single location. The aggregate area of such billboards at a single location facing the same direction shall not exceed 378 square feet, and any such grouping of billboards shall not exceed 36 feet in length.”
Section 136-5(j) deals with the subject matter and message of billboards and states, “No billboard shall be allowed for the display of any statement, word, character or illustration of an obscene, indecent or immoral nature, or to be adverse to the interests of the Eastern Band of Cherokee Indians.”
Section 136-8 allows for variances to the law and states, “Variances shall be submitted to the Planning Office for review and forwarded to the Business Committee for approval or denial.”
