Indiana communities are worried cell towers could start popping up without their permission, under a measure recently passed by the state legislature, unless they take action by this Sunday. Now, municipalities around the state are scrambling to meet the deadline. The North Judson Town Council will meet in special session this morning at 7:30, while the Culver Town Council met yesterday afternoon.
Culver Town Manager Jonathan Leist said communities have to adopt a resolution establishing an “underground and buried utility district,” if they want to keep regulating small utility poles. “If we don’t pass a resolution like this, communications companies would be able to put up a tower up to 55 feet, which is smaller than a normal cell tower, but those are becoming more common in cities and towns,” he explained. “And they would be able to, basically, just place those in any city right of way or town right of way at will, without any coordination with the town at all, which currently is not allowed.”
Under Senate Enrolled Act 213, communities looking to restrict the placement of small cell towers must have a resolution in place before May 1. However, the state legislature didn’t pass the measure until the very end of their session last week, giving local governments just a few days to schedule special meetings and take action.
As of Friday, the measure had not yet been signed by Governor Eric Holcomb. He has until next Thursday to make a decision. Otherwise, it automatically becomes law.
The “underground and buried utility district” created by the Culver Town Council Friday essentially covers all the town’s rights of way. That means all new utilities will have to be placed underground, unless permission is granted from the town council to do otherwise. Council members pointed out that some areas currently under development are expected to have utility poles, and plans will have likely have to be presented for council approval.
