A Comparison of Old and New Door County Telecommunication Tower Ordinances

Prepared by the Door County Planning Department

Recent media reports and commentary regarding the newly adopted Door County Communications Support Structures and Related Facilities chapter of the Door County Zoning Ordinance indicate that it contains more restrictions than the previous ordinance and will unfairly increase costs for smaller communication providers. In reality, there are only three relatively minor new regulations in the new ordinance and the remaining regulations are either less restrictive to communication providers or do not require communication providers to do anything they are not already required to do. The biggest change in the new ordinance, and the one that has generated the large majority of the opposition to the new regulations, is the removal of an exemption for wireless internet service provider towers under a certain height, as further explained below. Also discussed below are: new regulations that are less restrictive than the old regulations; new regulations that are the same or similar to the old regulations; new regulations that are more restrictive than the old regulations; and one regulation new to the ordinance, but not new to the tower development process.

Door County has regulated communication towers for at least 20 years. In 1995, regulations were adopted as part of the county’s then-new zoning ordinance. Then in 1996, federal legislation overhauled telecommunications law for the first time in almost 62 years. Per the Federal Communications Commission, the goal of the Telecommunications Act of 1996 was to let anyone enter any communications business; i.e., to let any communications business compete in any market against any other. This law, which remains in effect today, does not allow municipalities to discriminate between different types of communication providers.

In 2004, the county adopted a stand-alone telecommunications tower ordinance that exempted towers less than 75’ from the ordinance requirements. In 2013, although not in accordance with the Telecommunications Act of 1996, the county amended the regulations to increase the height exemption to less than 125’ for wireless internet service providers only. Soon after, the 2013 – 2015 state budget bill created new statutes governing how municipalities may regulate communication towers. Once the state budget was adopted, Door County’s ordinance became obsolete and county officials began discussing drafting a new ordinance.

Starting in October of 2014, the Resource Planning Committee (RPC) began discussing regulatory options at length, with local interested companies present. As part of this process, the height exemption for wireless internet service provider towers less than 125’ was removed from the proposed new regulations in order to become compliant with the Telecommunications Act of 1996. Between October of 2014 and May of 2015, the RPC held six public meetings where proposed regulations were discussed at length. A public hearing regarding a proposed ordinance was held by the RPC in accordance with state statutes in August of 2015, followed by two public meetings in September where changes to the proposed ordinance were discussed. On September 29, 2015, the Door County Board of Supervisors adopted a modified version of the proposed ordinance, which will take effect on Monday, November 9, 2015.

This new ordinance, as was true for the old ordinance, applies only within the fourteen towns in Door County. Per state law, the towns have the same authority as the county to adopt a communications ordinance and may do so at any time. If a town does decide to adopt its own communications ordinance, those regulations would then take effect and supersede the county’s regulations.

Regulations that are less restrictive than the old regulations:

• Towers are now allowed in all zoning districts (except wetlands). The former ordinance restricted where towers could go; many zoning districts disallowed towers. The new ordinance does not and cannot restrict where towers go, except for the wetland zoning district.
• Elimination of or reduced setbacks. Setbacks may be reduced if the tower developer provides an engineering certificate showing a collapse area lesser than the required setback. There’s also an elimination of a 100’ setback from residences.
• Public hearings no longer required. The former ordinance required public hearings for towers above a certain height; the new ordinance does not.
• Outside review no longer required. The applicant will no longer have to pay for outside engineering review of applications, which previously cost $1,500.
• Lighting. There are no lighting requirements in the new ordinance.
• Co-location and site sharing no longer required. There are no co-location or site sharing requirements in the new ordinance.

Regulations that are the same or similar to the old regulations:

• Application requirements.
• Ability to finance removal of tower.
• No interference with critical communication corridors. This is a fast and free process, accomplished by contacting the county’s Land Information Officer.
• Evidence of inability to co-locate upon another tower. This requirement has been copied verbatim from the state statutes.
• Fees. Fees will continue to be the same ($500) for new towers and major modifications to existing towers; fees increased from $50 to $100 for minor modifications to existing towers.
• Engineering report (also referred to in the media as a “study”). This requirement existed in the old ordinance and continues in the new ordinance. The explanation below clarifies how a broadband operator would typically handle this requirement and how the Planning Department handles the application process.

A broadband operator will typically purchase a pre-engineered tower from a company that employs professional engineers licensed in Wisconsin. The broadband operator has the option of purchasing a Wisconsin Professional Engineer stamp for $350, which satisfies the ordinance requirement for an engineering report. A broadband operator may also hire its own engineer to provide a stamp for approximately the same cost. Once the specifications for that particular tower type have been submitted as part of an approved application to the Planning Department, the broadband operator does not need to provide the stamp for future applications that use the same tower type.

• “No hazard” assurance from the Federal Aviation Administration (FAA). The tower developer needs to check/comply with the FAA regardless of whether or not a local ordinance exists. The FAA has an online tool for determining whether or not a study is required. It is a very simple tool, gives an immediate response, and does not cost anything. If a study is required, the FAA pays for it.

 Regulations that more restrictive than the old regulations:

• Requirement for general liability insurance.
• Provision to county of FCC license and registration numbers.
• Notification of airports within five miles of the proposed tower.

One regulation new to the ordinance, but not new to the tower development process:

• Environmental review by the Federal Communications Commission (FCC). No communications provider is or has been exempt from the FCC regulations for constructing towers in Door County. Although this requirement was not listed as an application requirement in the old ordinance, the tower developer still needed to check/comply with the FCC. The tower developer still needs to check/comply with the FCC regardless of the existence of an ordinance or not. The FCC requires an environmental notification process for just about all new antennas and there is minimal cost involved.

If anyone has questions about this information, contact Rebecca Kerwin or Mariah Goode, Door County Planning Department, at 920.746.2323.