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Buffalo County approves 385-foot telecommunications tower, corrects legal description
Summary
The Buffalo County Board of Commissioners on Jan. 23 approved a special use permit for a 385-foot guyed telecommunications tower on tax parcel 500197100 and adopted Resolution 2024-02A correcting a typographical error in the original legal description; the permit includes conditions such as a 100-by-100 leased area, assigned address 7370 Turkey Creek Road and a backup generator requirement.
The Buffalo County Board of Commissioners approved a special use permit and adopted an amended resolution to correct the permit's legal description at its Jan. 23 meeting.
Zoning Administrator Dennise Daniels reviewed the special use permit application for a 385-foot guyed tower and accompanying equipment on tax parcel 500197100. The application, filed by Andrew Dewhirst on behalf of property owner Larry D. Wells and Foothill Farms, L.L.C., had been forwarded to the commissioners with a favorable recommendation from the Buffalo County Planning and Zoning Commission (8-0, one absence). The board voted to amend Resolution 2024-02 and adopt Resolution 2024-02A. Commissioner Ronald Loeffelholz moved to amend and Commissioner Daniel Lynch seconded; the motion passed on a roll call vote of 6-0 (Commissioner Timothy Higgins absent).
Resolution 2024-02A, entered into the record, specifies the leased site will be a 100-foot by 100-foot telecommunications lease parcel, lists required 25- and 30-foot access and utility easements and calls for a sign at the entry to provide a street address (assigned as 7370 Turkey Creek Road) for public safety and 911 purposes. The resolution also requires the facility to maintain a backup generator sized to preserve communications during public power outages and directs compliance with all applicable state and federal regulations. The board reserved the authority to revoke the special use permit if conditions are not met.
Minutes note that on Jan. 11 county staff discovered a typographical error in the legal description attached to the original resolution. The board voted to correct the typographical errors and to file the corrected legal description with the Buffalo County Register of Deeds under Resolution 2024-02A.
The permit record includes exhibits such as a topographic survey, a fall zone certification and project scope documents. The board's action finalizes local approval; recording of the corrected resolution with the Register of Deeds was directed as part of the motion.
