SUBJECT:
Title
A Resolution of the Planning Commission of the Town of Erie Recommending that the Town Council Adopt an Ordinance Amending Title 10, Chapter 13 of the Erie Municipal Code for the Installation of Wireless Communication Facilities within the Town
Department
DEPARTMENT: Planning & Development
Presenter
PRESENTER(S): Deborah Bachelder, Deputy Director of Planning & Development
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Time
TIME ESTIMATE: 20 minutes
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Fiscal
Policy
POLICY ISSUES:
Planning Commission will weigh whether to recommend to Town Council adoption of an ordinance amending Title 10, Chapter 13 of the Erie Municipal Code to bring the Town of Erie wireless communication facility regulations into compliance with State of Colorado House Bill 25-1056 (HB 1056) that takes effect on January 1, 2026.
Recommendation
STAFF RECOMMENDATION:
Adopt Resolution 25-14 recommending that the Town Council adopt an ordinance amending Title 10, Chapter 13 of the Erie Municipal Code to bring wireless communication facility regulations into conformance with HB 1056 that takes effect on January 1, 2026.
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 Town is considering an amendment to Title 10 - Unified Development Code (UDC), Chapter 13 - Wireless Communication Facilities to bring our 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 antennas, or small cell antenna attached to streetlights. WCFs are highly regulated at the federal and state level. 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 to be 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
• Grants approval for failure to act on an application within a specified timeframe
• Prohibits 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
Below are the modifications the attorneys propose to bring Town regulations into compliance with HB 1056.
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.
The Town Council public hearing for this amendment is scheduled for December 9, 2025.
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.
Public Notice:
Notice is not required at Planning Commission for amendments to the Unified Development Code.
priorities
attachments
ATTACHMENT(S):
1. Presentation
2. Resolution P24-15
3. Exhibit A - Draft Ordinance