Resolving Wireless Tower Zoning Disputes
Constructing a wireless tower in Colorado requirements meet strict guidelines outlined by local governments. Cities and counties have developed detailed checklists for wireless tower operators, including property owners, to fulfill before construction and operation can begin. Property owners should be aware of how these zoning laws can impact a tower’s construction, as well as their legal rights to appeal applications and how to meet zoning requirements.
If you have questions about how to abide by zone regulations for a Colorado wireless tower, look no further than Welsh Law, LLC. Our Colorado wireless telecommunications attorney has more than two decades of experience advising property owners on how to fulfil zoning requirements. We understand local, state, and federal laws and can use our expertise to advocate for your best interest. Call us at (720) 836-1777 to discuss your case today.
Zoning Requirements in Colorado
In order to begin constructing a wireless cell tower on private land, a property owner must first receive approval from local or state agencies. The state of Colorado outlines specific rules for when and where wireless towers can be constructed, including restrictions on size, accessory buildings, roof-mounted towers, and operational status. However, these requirements are often decided by cities or counties, which have different procedures depending on facility.
In some cases, this procedure is as simple as filling out an application and submitting a site plan with a city agency, while others may be more complicated. In either case, it is important to review local municipal codes and speak to an attorney first. Failing to fulfill zoning requirements can lead to serious penalties.
Common Zoning Restrictions
Some restrictions you may face when evaluating local zoning laws include:
- Being restricted from placing a towner in residential areas
- Limited property space for towers in commercial areas
- Specific security requirements
- Minimum requirements for cell tower use
- Height restrictions
- Notifying the local government if the tower is operational or abandoned
- Notifying neighboring property owners of the tower’s construction
Why You Need an Attorney
Zoning restrictions vary by city, and local governments can impose strict rules on when a new tower can be constructed. However, Section 332(c)(7) of the Communications Act prevents city governments from creating unreasonable restrictions on the development of wireless cell towers. If a local government is inconsistently implementing zoning restrictions against property owners or wireless providers, it is possible to settle disputes in court.
If you need representation in a zoning dispute or want to better understand how to fulfill zoning laws in your local area, reach out to our Colorado wireless telecommunications attorney at Welsh Law, LLC. For more than 20 years, Patrick F. Welsh has represented clients in complex wireless tower disputes, including zoning disputes. With his representation, you can trust that your legal rights will be upheld and that you will receive diligent guidance throughout the development of your wireless tower. Call us at (720) 836-1777 to discuss your situation in a free consultation.