County planners discuss cell-tower upgrades, permitting and code-enforcement shortfall

The Washington County Planning Agency on July 6 noted a notice of an eligible facilities request (tower modification) in the Town of Dresden and discussed county and town authority to require permits and collect fees for cell-tower upgrades.

A member said the state currently treats towers as exempt from certain local requirements: "the state says towers are exempt along with solar," and asked why the county had not been collecting fees when carriers modify towers. That member argued counties need a local code or ordinance to require permits so the assessor can track changes in assessed value.

Another participant noted the county had a code-enforcement budget shortfall and estimated fees of "$8 or $10,000 anytime a company touches one of those cell towers," saying the county was doing inspection and tracking work without collecting consistent fees. A county attorney cautioned there could be state preemption issues and said the office would need to research whether county-level permitting could be required.

Planning staff said the agency received other notices during the agenda, including a two-lot subdivision in the Town of Putnam and a town notice of intent to service an APA-entered agency for an unnamed project.

No formal county-wide code change or permit requirement was enacted at the meeting. Members discussed starting a dialogue about passing local legislation to require building permits or tracking for tower upgrades and asked staff and legal counsel to research preemption and fee-collection authority.

The agency did not set a timeline for any proposed ordinance; members said they would pursue research and raise the issue at future meetings.