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County considers changes to rules on cell coverage structures

By Sean Tubbs

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Albemarle County has long had policies in place that put a high priority on rural preservation. Since 2000, approval of cell towers depends on if towers and antennas are hidden from the landscape.

About half of the county is in an avoidance area of some kind or another, including historic districts. Public hearings are held for those that might have visual impacts.

“These barriers are counterproductive to providing the level of service we want in the county, and these suggested changes make it financially viable for wireless providers to make needed investments,” says Lori Schweller, an attorney with the firm Williams Mullen, who frequently represents wireless providers seeking to erect more towers.

Some on the Board of Supervisors agree, and have been calling for an update on the policy. CityScape Consultants has completed a long-anticipated study that has made suggestions about how the county could change its rules to increase coverage.

“This code really does keep the visibility of the tower down significantly,” CityScape’s Susan Rabold said at a recent Planning Commission meeting. “The challenge … is that propagation patterns cannot travel as far. The higher you go, though you would gain more coverage, you would have more visibility.”

One suggestion is to allow expansion of existing towers to 130 feet, which would boost signal coverage. Another is to allow larger equipment at the tops of towers.

John Foster lives near the Batesville Historic District, and he called for the county to retain rules that say towers can be no higher than 10 feet above the nearest tree, and that they must be screened by trees. He also wants the county to continue prohibiting towers from being within 1,000 feet of a historic area.

“While I understand the desire for improved cell coverage, the current level of coverage does not constitute a public safety concern,” Foster says.

Commissioner Lonnie Murray urged the county to continue putting a premium on rural preservation. “Part of the deal of living in a rural area is that you have less service and I’m okay with that,” Murray says. “It’s just like when I go hiking in the wilderness, I don’t expect my cell phone to work.”

But Commissioner Nathan Moore says the county’s existing restrictions are too constraining, and he would be in favor of loosening regulations.

“So when you go hiking in the wilderness and when you go hiking on a nice trail, and your kid gets a sting or you have an allergic reaction or you fall and break your ankle, how are you going to get the word out?” Moore asked. “That’s the kind of reason why I’m very in favor of broader, better coverage of cell service.”

Commissioner Julian Bivins says he is tired of historic properties being protected from having to see cell towers. He added that denying cell service to the rural area penalizes people with low incomes who live there.

“There’s a whole host of people there that are just plain old working people,” Bivins says. “There’s a whole bunch of tradespeople over there that use their cell phones to get work, to do work, and to tell whoever is in their lives that they’re going to be late.”

A community open house will be held sometime this month, followed by public hearings before the Planning Commission and the Board of Supervisors in the fall.

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