Towns move to keep control of utility pole, cell tower placement

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PENDLETON — The Town of Pendleton met in a special meeting Friday, April 28, to pass a resolution establishing an underground and buried utility district — a move designed to maintain town control over the location of local utility poles and cellular towers.

“There are probably a lot of cities and towns doing the same thing we’re doing right now,” council president Robert Jones said. “We’re passing a special resolution on, especially the cell phone towers.”

Town attorney Alex Intermill, who was not present at the meeting, had advised the town to act before May 1, a deadline dictated by new state legislation.

“This is due to legislation that the state passed,” town manager Tim McClintick said. “In order for us to protect our road right-of-ways and control where our utilities are located, especially small cell towers, this underground utility district needed to be created, which is our town limits.”

The council passed the resolution Friday and it took effect immediately.

McClintick confirmed the urgency with which other towns are considering similar action.

“It’s written in the law that this has to be done by May 1,” he said. “I’m in a chain email with town managers all across the state and my inbox is just flooded with emails going back and forth. I’m afraid it’s going to shut my email down.”

The Town of Lapel passed a similar resolution on Thursday while Ingalls passed an ordinance Friday. Both measures prohibit the placement of a new utility pole or wireless support structure in the right of way within an area designated for underground or buried utilities.

Markleville has taken no action in this area.

Jones said there is no cost to the town or effect on the budget. The resolution means only that Pendleton will continue to have control over structures built in town and that zoning ordinances will remain in effect.

“The (current approval) process will continue on,” Jones said. “They will have to come through us before they can build that cell phone tower. I can see where they’re coming from, wanting to skirt some of the local zoning requirements, but we do those things for a purpose; we want to have a say in what is going on, especially with public right-of-ways.”