Preemptive limitations

HOW LOCAL GOVERNMENTS CAN HAVE A SAY

While federal and state preemption laws limit the authority of local governments and property owners in decisions regarding cell phone towers, local jurisdictions still retain the right to enact ordinances designed to protect sensitive areas.

Local Ordinances

❋ Set Backs

  • Require a setback between residential homes and schools.

  • Require a setback between antennas.

  • Require visual impact analyses for proposed antennas.

  • Require use of the least intrusive methods to address coverage gaps.

❋ General Liability Coverage

  • Require all applicant submissions to be made under oath and penalty of perjury.

  • Include revocability clauses allowing modification if regulations change.

  • Extend regulations to all wireless transmitting antennas, including those on private homes.

  • Allow citizens to conduct RF emissions testing.

❋ Property Values

  • Protect against reductions in nearby property values.

  • Establish ADA-compliant grievance procedures for individuals with EHS (Electromagnetic Hypersensitivity)

Example Ordinances

❋ Gap in Coverage

  • Require proof of a significant gap in service coverage through in-kind testing.

  • Clarify that “future capacity” or “improved coverage” claims alone do not establish a significant coverage gap.