Linn County approves zoning amendment that requires conditional-use permits for towers 100 feet and taller

Linn County commissioners voted 2-1 on Resolution 25-19 to amend Article 16 of the county zoning regulations, clarifying that towers 100 feet or taller in the agricultural district will require a conditional-use permit and standard setbacks.

The change, approved after more than two hours of discussion, aims to resolve a drafting omission commissioners and planning staff said left procedures unclear after a rewrite of the zoning code. Planning and zoning had recommended the amendment at a public hearing; the commission considered whether to approve the amendment, send it back for further revision, or amend it themselves.

The amendment sets a 110 percent setback from property lines (for example, a 400-foot tower would require a 440-foot setback) and specifies that towers of 100 feet or more “require a conditional-use permit in compliance with the following” provisions that the planning board added to Article 16. Planning and zoning director Souza told the commission the board planned to review battery energy storage rules at its next meeting and that the intent of the change was to give applicants and reviewers clearer standards.

A citizen who identified himself to the commission as Darren, and who provided handouts to commissioners and staff, cited state law during the discussion. “Authority shall not…reject any application in whole or in part based on perceived or alleged environmental effects of radio frequency emissions or exposures,” Darren said while reading from his materials, summarizing what he identified as K.S.A. 66-2019(f) and related provisions that limit grounds for denying wireless facility applications.

Commissioners debated how the amendment would affect neighbors. Commissioner Ally said she supported stronger review and would prefer conditional-use permitting regardless of tower height for greater clarity and notice. “I would absolutely fight 66-2019(f) if that was coming next to my home,” she said, describing her reluctance to allow a tower very near a residence without a public review process.

Other commissioners argued a 100-foot threshold aligns the county with neighboring jurisdictions and avoids burdening smaller antennas. Commissioners also noted that, as drafted, the conditional-use notice radius for towers that require permits will include notices to property owners within 1,000 feet.

The commission was advised that if it sends the amendment back to planning and zoning it must include written direction describing what the commission wants changed; otherwise planning and zoning cannot act. Commissioners discussed tabling the item for a week to gather more information, including case studies on how other counties treated state statutes limiting findings related to radio-frequency emissions. Ultimately, the commission voted to adopt Resolution 25-19 as written. The motion passed on a 2-1 vote.

The meeting record shows the amendment was intended to clarify that towers of 100 feet or taller in the agricultural district require conditional-use permits and standard setbacks; it does not expand or create separate application fees or funding allocations. Planning and zoning may return to the commission with additional edits or with a new application if the commission later decides to propose an amendment to the amendment.

Votes at a glance: The commission handled multiple other routine and administrative items during the same meeting, including approval of claims and several departmental requests. Key recorded outcomes included approval of the claims list for $557,531.60; reapproval of an ad-and-abate correction to the tax roll (ad/abate number 2024-275); approval of a vehicle transfer (a 2001 Ford Excursion transferred to Public Works); approval of burial permit 2025-14 for Croghan (18 road crossings near Prescott); authorization to reissue a propane bid request; and personnel actions on longevity pay. One requested longevity pay exception was declined (motion did not specify the employee by name in the recorded motion); the commission approved longevity pay for Janet Cloveno on a 2-1 vote. The zoning amendment (Resolution 25-19) passed 2-1.

Why it matters: The commission’s vote resolves an ambiguity in the county’s zoning text about how wireless towers are regulated in agricultural zones and sets a clear height threshold for formal review. The discussion highlighted tension between local control over land use and statutory limits on denying wireless facilities that some speakers said are found in state law. Neighbors and small landowners who raised concerns in the meeting said the current language could leave properties within close proximity to new towers without notice unless the tower meets the 100-foot threshold used in the amendment.

The commission directed staff and legal counsel to prepare any required written communications to planning and zoning and to return with any additional information next week if further changes are requested.