ACTION ALERTS:
NEVADA COUNTY PLANNING COMMISSION APPROVES STAFF’S REVISED CELL TOWER ORDINANCE
On Thursday, 2/26/26, the Planning Department’s draft “Communication Towers and Facilities” code was approved by the 5-member Commission after 3.5 hours of staff review, public comment, and discussion. A few amendments were made including the following:
Replacement of similar equipment is removed from the exempt projects list. Such replacements would instead be reviewed as an Administrative Development Permit (ADP).
Direction given to the Board of Supervisors to further explore decommissioning requirements and accountability monitoring for communication tower facility projects.
The ordinance will not take effect until 30 days after adoption by the Board of Supervisors. The relevant date for determining whether current wireless facility applications are considered complete, and grandfathered in under the old ordinance, would be that effective date.
Before moving to a formal vote, Commissioner Terence McAteer raised the possibility of having Planning Staff meet directly with representatives from Nevada County for Safe Tech (NCST) to explore whether the county ordinance could be adjusted in a future version to better align with local concerns. Planning Director Brian Foss confirmed they were open to that kind of collaborative approach. The legal team advising NCST had already reached out to the Planning Department with this request three times, but received no response from Planning Staff. The County Counsel admitted to having never vetted the NCST document for legality. Now, on record, we at least have some confirmation that this is possible for the future, either before or after the Board of Supervisors vote on the ordinance.
WHAT’S STILL AT STAKE: The ordinance does not go far enough in protecting Nevada County.
THIS ORDINANCE IS OUR FIREWALL: It is the only meaningful local mechanism available to ensure responsible siting, wildfire protections, environmental safeguards, and protection of property rights and rural character. The approval of this weak ordinance exposes the County to foreseeable risks, public backlash, and legal challenges.
WHY THE COUNTY’S ORDINANCE FALLS SHORT:
Missing Key Definitions: Lacks essential telecom definitions, creating ambiguity and weakening compliance standards.
Community Concerns Overlooked: Constituent feedback on wireless impacts was not meaningfully incorporated.
Loopholes & Oversight Gaps: Siting and permitting steps are insufficiently detailed, inviting inconsistent enforcement.
Insufficient Health & Environmental Protections: Fails to proactively mitigate documented risks.
TAKE ACTION:
Sign up for Board of Supervisors Meeting Announcements: Notify Me
Contact your Supervisor to discuss important language and key pieces still missing from the ordinance.
Share with others.
2. Help Fund the Cell Tower Fight in Grass Valley
Verizon is suing the Nevada County Board of Supervisors after they approved a resident’s appeal against a cell tower on Dog Bar Road and denied the permit. A Federal judge granted the resident’s right to join the lawsuit as a defendant. She has garnered the support of neighbors and concerned citizens throughout the county, but needs our help in raising funds for attorney fees. Read about the case and please donate what you can here: Funds for Federal Cell Tower Case
3. Join 704 No More™
Section 704 of the 1996 Telecommunications Act and other FCC preemptive actions enforce the FCC’s outdated Radio Frequency Radiation guidelines, ignoring mounting evidence of harm, particularly to children. These laws and preemptive actions also strip away our personal freedoms and property rights, and override the states’ traditional police powers that protect our health and welfare. 704 No More™ is a nationwide, nonpartisan coalition effort to restore state and local control over cell tower and antenna siting. Section 704 undermines public health, environmental protections, and individual rights. Protect children’s health and the environment by taking back local control of cell towers. JOIN THE 704 NO MORE COALITION
