Update on New Cell and Broadcast Tower Law

Does your city, village or town have a cell tower ordinance? Probably not anymore.

As part of 2013 Act 20, the “Budget Bill”, a new state law that preempts local regulation of cell phone towers went into effect in July 1. 2013.  Although the new law allows local regulation under a number of circumstances, it also limits local regulation in some critical areas such as height limits, setbacks, and location of towers.  Note: If your ordinance is in violation of almost any aspect of the new law, your ordinance is void and unenforceable, per § 66.0404(2)(i).  You can read the new statutory section in the Budget Bill by searching for “66.0404” within the 603 page document.

The bottom line is that if your municipality wants to have any regulatory authority with respect to cell towers, they should review and very likely amend their current ordinance.

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