Wireless infrastructure is being deployed at an unprecedented pace, and local governments are on the front lines of managing it. From large macro towers to small wireless facilities attached to street lights, the landscape of telecommunications siting has changed dramatically over the past decade. For cities and counties, having current and well-structured wireless zoning ordinances are no longer optional. They are essential to protecting community interests while complying with a complex body of state and federal law.
Three Categories of Wireless Facilities, Three Different Legal Frameworks
Not all wireless facilities are treated equally under the law, and local governments need policies that address each category distinctly.
Macro wireless facilities, the traditional freestanding cell towers and rooftop cell sites most people picture, are subject to local zoning authority, subject to federal limitations on how and when a local agency can deny an application. Local governments retain meaningful discretion over macro site siting, and a well-crafted ordinance can establish preferred locations, design standards, and application requirements that guide development in a way that serves the community.
Small wireless facilities (SWFs) or small cells, the compact equipment increasingly deployed on utility poles, street lights, and other structures in the public right-of-way, are subject to a different and more restrictive federal framework. FCC rules and state law impose significant limitations on local review of SWF applications, including shot clock deadlines and batched application processing. Local governments that lack current SWF policies often find themselves reacting to applications rather than managing them proactively.
Section 6409(a) eligible facilities requests present a third category. Under federal law, local governments are required to approve modifications to existing wireless towers and base stations that meet the criteria for an eligible facilities request, meaning they do not substantially change the physical dimensions of the facility. The scope of what qualifies as an eligible facilities request has been the subject of ongoing FCC rulemaking and litigation, and local agencies need policies and procedures in place to evaluate these requests accurately and within applicable timeframes.
What an Up-to-Date Ordinance Can Accomplish
A well-drafted wireless zoning ordinance does more than check a compliance box. It gives your agency concrete tools to manage wireless development in a way that reflects community values and advances local interests. Key elements include:
- Clear and concrete application procedures that specify what applicants must submit, what review standards apply, and how the agency will process each type of application. Clarity at the front end reduces disputes and delays for everyone.
- Preferred zoning locations and siting standards that direct wireless facilities to appropriate areas, protecting from sensitive uses, and in configurations that minimize visual impact. Establishing where facilities are encouraged and where additional scrutiny applies gives your agency a defensible framework for land use decisions.
- Design and aesthetic guidelines that address height, materials, screening, and camouflage requirements. These provisions allow local governments to require that wireless facilities be architecturally compatible with their surroundings without running afoul of federal limitations on aesthetic-based denials.
- Standard conditions of approval that can be attached to permits for the long term. These conditions address ongoing obligations such as maintenance, radio frequency safety compliance, interference response, and removal upon abandonment, and they are far easier to enforce when established upfront in a standardized form.
Why Proactive Policy Development Matters
Local governments that lack current wireless policies are at a disadvantage with carriers and in any subsequent legal challenge. An ordinance drafted before the current federal framework was in place may no longer be enforceable as written, and gaps in local policy can be exploited by applicants seeking expedited approvals or challenging agency decisions.
Updating your wireless zoning ordinance before applications arrive is significantly less costly in time, resources, and legal exposure than trying to defend outdated policies after the fact. Coastal Tower Law advises cities, counties, and public agencies on the development of wireless communications ordinances and land use policies that are current, defensible, and practical. If your agency is due for a policy review or is facing an uptick in wireless applications, we encourage you to reach out for a consultation.