Removing local control over the siting of cell towers


Goodbye local control over the siting of cell towers in Wisconsin.State statute 66.04040 removes all vestiges of town or municipality control unless the political unit of government has zoning authority. This removes almost all towns and some villages from local control over the siting of cell towers. It vests some authority to the county but limits that authority severely.

Ok, so why is this happening? Why is the Wisconsin state legislature removing local control over so many items?

#1. The frac sand industry took a shellacking when the travails of the Town of Cooks Valley with the frac sand industry became public knowledge. Using blogs and the Wisconsin Town’s Association as megaphones, the word quickly spread to town officials that if you want to control your destiny, you better adopt ordinances to control the industry before it comes to your town. Numerous towns enacted protective ordinances modeled after Cooks Valley’s to ensure they did not lose air, water, or lifestyle quality in their towns. The frac sand industry sought to fight the issue in court and the Wisconsin Supreme Court ruled with the towns and against the industry.

#2 It is so much harder to get the Supreme Court to invalidate laws than anything else so crafty industry professionals began lobbying legislators  to enact legislation that removed town authority and placed authority in state laws. When state laws pre-empt local towns from taking any direct action against the industry companies, it forces towns to sue the state government if towns want any power at all. The advantage to industry is that state authority and legislators are a defense against town action. Good gig if you can get it. And they did.

#3 People want to be let alone but today’s industries terraform the surroundings into inhospitable places to live. From high capacity wells that drop the local water table to farmland run-off that causes a loss of aquatic plants and an increase in algae blooms, local people are tired of industries creating problems that cannot be solved locally.

#4 The transmission of useful information through social media to local officials means that industries no longer have years to operate with invisible/hidden tactics that take advantage of small town officials who once were not aware what was happening 100 miles away.

So the cell tower industry chose to pre-empt local control and establish state authority for the application and siting of cell towers. A smart move on their part to limit the ability of local authority to do anything about it.

2. If a political subdivision has in effect on July 2, 2013, an ordinance that applies to a class 2 collocation and the ordinance is inconsistent with this section, the ordinance does not apply to, and may not be enforced against, the class 2 collocation.

3. A political subdivision may regulate a class 2 collocation only as provided in this section.
4. A class 2 collocation is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject.
The passage above from 66.0404 says precisely what it means: 1. If a local town already has an ordinance , this law negates that ordinance. 2. The local town is not permitted to get creative in how it controls the siting of cell towers, its power is limited to what the statute specifically gives it.  3. Local officials cannot create a new requirement for cell tower ‘permit applications’ different than any other commercial development or land use permit applications.
Sneaky law. It snubs local authority like a red-headed step child.
Too late to do anything about this attack on local control. Barron County’s cell tower ordinance has been killed by 66.0404 and the only thing that Barron County can do now is write a pablum-oriented ordinance in compliance with state law.
Forget the fights about abortion and immigration, our liberty is at stake. I have said many times that local control is being usurped by the feds and by the state. At the federal level, we are the Federal States of America instead of the United States of America. At the local level, we are simply becoming vassal political units with the responsibility to carry out state mandates and no authority to create ones ourselves.This loss of freedom and liberty to choose for ourselves is what makes the current state of affairs so heinous.
The Freedom to Choose is the foundation of liberty. Controlling the list of what we can choose from is tyranny and oppression.
We are up the river without a paddle if this momentum to remove local authority continues.
When the feds centralize power over the state and the state centralizes power over municipalities, nothing good can come from it.

 

Author: Reasonable Citizen

Reserved, inquisitive, looks before leaping, www.reasonablecitizen.com

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