SUBJECT:
Title
Public Hearing: An Ordinance of the Town Council for the Town of Erie Amending Title 10, Chapter 13 of the Erie Municipal Code Concerning Applications for the Installation of Wireless Facilities in the Town
Department
DEPARTMENT: Planning & Development
Presenter
PRESENTER(S): Deborah Bachelder, Deputy Director of Planning & Development
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Time
TIME ESTIMATE: 15 minutes
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For time estimate: please put 0 for Consent items.
Fiscal
FISCAL SUMMARY: n/a
Policy
POLICY ISSUES:
Town Council will consider whether to adopt an ordinance to bring the Town of Erie into compliance with recently adopted State law. The proposed ordinance amends Title 10, Chapter 13 of the Erie Municipal Code wireless communication facility regulations to comply with State of Colorado House Bill 25-1056 (HB 1056) that takes effect on January 1, 2026.
Recommendation
STAFF RECOMMENDATION:
Staff recommend Town Council adopt Ordinance 024-2025 amending Title 10, Chapter 13 of the Erie Municipal Code to bring wireless communication facility regulations into conformance with HB 1056.
Body
SUMMARY/KEY POINTS
• In early 2025, the State of Colorado enacted HB 1056 concerning local government permitting of wireless telecommunications facilities. The bill will go into effect January 1, 2026.
• The proposed amendment to Title 10 - Unified Development Code (UDC), Chapter 13 - Wireless Communication Facilities brings the Town of Erie’s local regulations into alignment with the new State regulations.
BACKGROUND OF SUBJECT MATTER:
Wireless communication facilities (WCFs) include an array of different telecommunication types such as cell towers, wall or roof mounted antennae, or small cell antennae attached to streetlights. WCFs are highly regulated at the State and federal levels. The Town regulations for wireless communication facilities (WCF) are in Municipal Code (MC) Title 10 Unified Development Code (UDC). The Town regulations were originally adopted in 2019 in compliance with State and federal regulations.
In early 2025, the General Assembly of the State of Colorado enacted HB 1056 concerning local government permitting of wireless telecommunications facilities. The bill was signed by Governor Jared Polis in June 2025 and will go into effect January 1, 2026. In general, HB 1056 modifies existing WCF regulations by:
• Amending definitions;
• Granting approval for failure to act on an application within a specified timeframe; and
• Prohibiting municipalities from requiring permits for an “eligible facility request” application type unless the permit addresses Building Code or safety requirements.
Town attorneys specializing in WCFs reviewed and made recommendations for modifications to the Town’s WCF regulations to bring them into compliance with HB 1056.
Proposed Ordinance
The proposed amendments to the code include:
1. Update review time clock by application type.
Type Current Review Time Revised Review Time
EFR* - within limit 60 days 60 days
EFR* - outside limit 90 days 90 days
Small cell in ROW - new 90 days 90 days
Small cell in ROW - existing 90 days 60 days
Cell tower, wall or
roof mounted antenna 150 days 150 days
*Eligible Facility Request (EFR) is a modification to an existing facility with limits on size modifications.
2. Add requirements for pausing (tolling) an application time clock for review.
Town notice of insufficient information to toll:
• Small cell facility: 10 days
• Other WCF: 30 days
3. Approve an application in which the Town does not meet the required review and approval timeframe for all application types.
4. Add a permit requirement to meet Town Building Code and Engineering Standards & Specifications to protect public safety.
Approval Criteria
Section 10-7-18(C)(9) of the Erie Municipal Code states the following approval criteria when considering amendments to the text of the UDC:
1. The proposed amendment will promote the public health, safety, and general welfare; and
2. The proposed amendment is generally consistent with the Town’s Comprehensive Master Plan and the stated purposes of this UDC; and
3. The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions.
Planning Commission Recommendation:
Planning Commission considered this code amendment at the November 19, 2025, meeting and passed Resolution P25-14 recommending adoption of the ordinance unanimously with the following condition:
a. A definition for “tolling” shall be added to Section 10-13-2 of the UDC as reflected in the Ordinance prior to Town Council hearing.
Ordinance 024-2025 includes the definition of tolling requested by the Planning Commission.
Public Notice:
Notice was provided as required in the Unified Development Code.
priorities
attachments
ATTACHMENT(S):
1. Presentation
2. Ordinance 024-2025
3. Planning Commission Resolution P25-14
4. Publication Notice