3/3/26

Show Up, Speak Out: Ensure the Best - Nevada County’s Wireless Rules

Last week, residents filled the chambers at the Nevada County Government Center to weigh in on the draft Communication Towers & Facilities Ordinance Update before the Nevada County Planning Commission.

They did not come empty-handed.

Many speakers referenced detailed corrections and recommended revisions prepared by Nevada County for Safe Tech, a local advocacy group that has spent the last 1.5 years carefully preparing for and reviewing the proposed ordinance. According to the group, their suggested changes were developed with input from attorneys who specialize specifically in telecommunications law, a highly technical and federally regulated field.

Their message was clear: the goal was not to block wireless infrastructure, but to strengthen the ordinance in ways that protect residents while also shielding the County from legal vulnerability.

Telecommunications law sits at the intersection of local land use authority and federal preemption. Counties must navigate complex constraints imposed by federal regulations while still exercising their rights to regulate placement, aesthetics, safety, and process. Mistakes can expose local governments to litigation from either direction, industry challenges on one side, community concerns on the other.

Nevada County for Safe Tech argued that its proposed revisions were designed precisely to avoid that risk. Rather than pushing provisions that would conflict with federal law, the group maintains its edits were crafted within existing legal boundaries, using language already upheld in other jurisdictions. In short, they say their corrections were not radical, they were cautious.

Residents who spoke echoed that sentiment. They described the group’s recommendations as protective rather than prohibitive. Among the requests were stronger and clearer setback language, more precise siting criteria near residential areas, and tighter definitions to prevent unintended loopholes, and reduce fire risks. Several speakers emphasized that clarity in the ordinance ultimately benefits everyone, the County, applicants, regulators, and the public.

The Planning Commission ultimately approved the County staff’s draft as an interim measure so that pending cell tower applications would fall under updated rules. However, commissioners also directed the Planning Department to sit down with community groups including Nevada County for Safe Tech to craft a stronger, more comprehensive ordinance.

As the current measure now moves to the Board of Supervisors for its final consideration later this year, community participation is essential. The more complete and protective this ordinance becomes, the greater the clarity, transparency, and local safeguard it can provide. The draft ordinance does include updates: increased tower setbacks to 150% of tower height, expanded public notice requirements, emergency provisions for temporary facilities and generators, alignment with federal definitions, and clarified permit timelines. These are real improvements.

The Board has an opportunity to examine the submitted corrections in detail and publicly evaluate them on their merits. If certain provisions cannot be adopted due to federal limitations, that explanation should be made clear. If some language can be strengthened without increasing legal risk, that opportunity should not be overlooked.

Public participation is strongest when it includes expertise. In this case, residents did more than voice general concern, they presented drafted legal language informed by specialized counsel. Whether one agrees with every recommendation or not, that level of engagement deserves serious review.

Reliable telecommunications infrastructure is essential. But so is public confidence in the regulatory process that governs it.

The path forward should not be framed as “industry versus residents” or “connectivity versus caution.” It should be framed as an effort to adopt the strongest legally defensible ordinance possible, one that protects the people of Nevada County while also protecting the County itself.

When citizens bring forward carefully constructed solutions, the local government should demonstrate not only that it listened, but that it evaluated those solutions transparently.

The Board of Supervisors now has the chance to do just that.