Date: Friday, August 8th, 2025
Subject: Formal Comment on Nevada County Draft Telecommunication Towers and Facilities Ordinance
To: David.Nicholas@nevadacountyca.gov, planning@nevadacountyca.gov
Dear Mr. Nicholas and Planning Staff,
On behalf of Nevada County for Safe Tech, we submit the following comments and proposed revisions (attached in both PDF and Word format*) to the County’s Draft Wireless Communication Facilities Ordinance. We commend the County for addressing this critical issue and urge the full adoption of these revisions. We are eager for Nevada County to enact one of the most protective and forward-thinking wireless ordinances in California.
1. Nevada County Has the Opportunity to Lead
Nevada County has repeatedly distinguished itself as a leader in innovation and public service. The County has earned both state and national recognition and received multiple awards for its work in emergency management, wildfire preparedness, broadband expansion, and government experience.
Enacting a truly protective wireless ordinance presents another opportunity for the County to lead — this time by setting a gold standard in protective wireless siting regulation.
2. Recommendations Developed by the Nation’s Leading Legal Experts
Nevada County for Safe Tech has retained Stop5G Community Empowerment Consulting, a division of Children's Health Defense, the most experienced legal team specializing in wireless land use law in the United States. This team, led by W. Scott McCollough, Esq., has successfully litigated federal and state telecommunications matters and have helped jurisdictions across the country, including here in California, by drafting and revising ordinances that sensibly balance public interests in the face of wireless roll-outs, prioritizing the health, safety, and character of local communities.
The attached proposed revisions are based on that legal expertise, and include:
Strengthening setback, location, and design requirements
Enhancing public notice and appeal rights
Clarifying the County’s retained discretionary authority under 47 U.S.C. §332(c)(7)
Prioritizing protection of residential neighborhoods, scenic ridgelines, critical habitats, and other sensitive areas
All of our proposed ordinance revisions are based on this legal expertise and reflect defensible, precedent-backed strategies to protect public health, safety, aesthetics, and property rights while complying with federal and state law.
The ordinance edits and additions made by Nevada County for Safe Tech ensure compliance with California state laws and meet the Federal Communications Commission’s standards, particularly regarding radio frequency emissions and tower placements, and establish clear guidelines for the exercise of County authority to regulate wireless facilities effectively and in accordance with FCC rules.
The ordinance suggestions by Nevada County for Safe Tech do not restrict wireless telecommunications service providers from delivering necessary services or hinder any entity's ability to offer interstate or intrastate telecommunications. We acknowledge that requests for wireless facility authorization cannot be denied solely based on environmental concerns related to radio frequency emissions, provided they comply with FCC regulations.
The key to reading the attached ordinance edits and additions:
Original County Draft Ordinance: In regular black font
County Staff's text additions: In red underlined font
County Staff's deletions: In black strikethrough
Our proposed revisions: In black underlined font
Our proposed deletions: In red strikethrough
3. Proven Models from Other California Jurisdictions
Nevada County would join other California communities that have adopted strong local wireless ordinances, including:
Mill Valley: Prohibited small cells in residential zones and established strong aesthetic and setback standards (Mill Valley Ordinance )
Petaluma: Adopted setbacks, location preferences, and robust public engagement requirements (Petaluma Ordinance)
Fairfax: Passed an ordinance asserting discretionary review and public hearing procedures (Fairfax Ordinance)
Encinitas: Updated its code to include strict location and permit requirements (Encinitas Ordinance)
Malibu: The first city to require an Electric Fire Safety Protocol at the design stage so that the safety of macro towers is evaluated before the towers are even built. A series of eight tests must be completed and included in all 5G infrastructure permit applications.
These cities have shown that it is entirely possible to embrace technological progress while safeguarding residents and preserving local control. Nevada County can and should do the same.
4. Community-Driven and Legally Grounded Policy
Our coalition represents a diverse cross-section of Nevada County — parents, technologists, farmers, public health advocates, legal professionals, and lifelong residents. The proposed revisions reflect years of community organizing and input. They are legally sound, carefully drafted, and rooted in the County’s constitutional and statutory rights to regulate land use.
We respectfully urge the County Staff, Planning Commissioners and Board of Supervisors to incorporate all of Nevada County for Safe Tech’s proposed revisions into the final ordinance. Doing so will:
Set a statewide model for rural counties
Ensure compliance with federal and state law
Protect the health, safety, aesthetics, and property values of residents
Preserve the rural character of Nevada County
Reinforce public trust and meaningful civic participation
To serve the best interests of the County, we remain committed to educating the public, the Planning Department, and the Board of Supervisors on the significant benefits of adopting the revised draft ordinance presented today. We are proud to support you in this effort and stand ready to provide further legal, technical, and community engagement support to implement a solid protective wireless ordinance for Nevada County and beyond.
Thank you for your dedication and leadership.
Respectfully submitted on behalf of the Members of Nevada County for Safe Tech
*To request a copy of the PDF submission, please email info@nevadacountyforsafetech.com