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Council approves zoning change for temporary telecommunications facilities with added notice requirement
Summary
The Montgomery County Council approved ZTA 25-11, which clarifies permitting for temporary telecommunications facilities and adds a more flexible public-notification requirement for emergency deployments. The amended measure passed following debate over three proposed amendments and a roll-call vote.
The Montgomery County Council on Oct. 28 approved Zoning Text Amendment 25-11, a measure to clarify rules for temporary telecommunications facilities and require building permits for facilities installed longer than 30 days.
The vote came after the Planning, Housing and Parks Committee recommended approval as amended to clarify permitting requirements. Chair Andrew Friedson said the committee's amendment "clarifies that a temporary telecommunications facility installed for more than 30 days, regardless of height, requires a building permit."
Councilmember Sayles introduced three amendments aimed at strengthening public notice and limiting repeat reapplications. Sayles argued the first amendment would "place a more flexible requirement on the applicant in the event of a government-declared emergency to notify the community within 14 days after the tower has already gone up." Councilmember Lukey suggested adding the phrase "when practicable" to give applicants flexibility for unforeseen circumstances; Lukey said she accepted that friendly amendment.
The notice amendment as amended passed on the dais and by voice/hand counts and the full measure was later adopted on a roll-call vote. The clerk recorded yes votes from Councilmembers Lukey, Sayles, Friedson, Glass, Katz, Albert-Nobles, Fernando Gonzalez, Balcom and Stewart; two members were recorded absent. Council members debated, but did not adopt, a proposed cap on the number of reapplications and a proposed provision to eliminate a 48-hour removal requirement when a subsequent permit is approved.
Supporters said the ZTA aims to balance emergency deployment and community notice; opponents in earlier committee testimony had urged stronger community protections. Staff from the Department of Permitting Services participated in committee discussions and recommended the clarified permit requirement.
The council's approval sends the amendment into the county administrative process. The record shows the PHP committee held a public hearing and considered amendments on Oct. 6 and Oct. 28; final implementation will proceed through Department of Permitting Services rules and permit review.
Ending: The council approved ZTA 25-11 as amended and recorded the roll-call vote; the measure will be implemented through DPS permitting and any related administrative guidance.
