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Planning commission to seek FAA records, continues tower permit amid aviation‑jurisdiction questions
Summary
After county counsel said federal law preempts aviation‑safety grounds for denying a proposed tower, the commission continued the Towers LLC use‑permit to May 20 so staff can verify FAA documentation and clarify whether the aeronautical study considered the nearby private airstrip.
The Butte County Planning Commission on April 23 heard new legal and factual information about a proposed communications tower (UP250002, “TheTowers LLC”) and voted to continue the item to the May 20 meeting while staff confirms FAA documentation.
County Counsel Roger Wilson told the commission the county recently received legal correspondence from the applicant’s attorney arguing federal law preempts consideration of aviation‑safety concerns for this proposal. “That preemption is very similar to the preemption we’ve discussed for other towers,” Wilson said, adding that FAA jurisdiction over airspace limits the county’s authority to deny a project on aviation grounds and that FAA processes exist for reconsidering no‑hazard determinations.
Commissioners and members of the public questioned whether the FAA had evaluated the correct airstrip and whether the agency’s determination in the file applies to the private Richvale airfield. A pilot who identified himself as a local user of the airport and other speakers said the proposed tower sits amid low‑altitude flight paths and urged denial on safety grounds.
County Counsel and staff said the commission may still address other zoning and code findings required for a use permit but cannot base a denial solely on aviation hazards if the FAA’s determination covers the facility. Commissioners directed staff to contact the FAA and requested specific questions be answered at the continued hearing so the public can return with additional testimony.
The commission’s continuance to May 20 was made so staff can verify whether the FAA determination in the county file remains valid and whether any other documents or cancellations exist that the record does not yet reflect.
