Nevada County Communication Tower and Facility Ordinance Amendment

Summary

SCH Number
2026040717
Public Agency
Nevada County
Document Title
Nevada County Communication Tower and Facility Ordinance Amendment
Document Type
NOE - Notice of Exemption
Received
Posted
4/15/2026
Document Description
Amendments to Section 12.03.080 – Communication Towers and Facilities and Section 12.05.060 – Use Permits of the Nevada County Code. The amendments are to clarify definitions in the Ordinance to align with standard definitions used by the Federal Communications Commission; clarify “shot clock” permit processing timeline requirements; add projects that are exempt from County Planning review; add potential for emergency deployments of Cells on Wheels and emergency generators; require additional supporting information with project applications; increase setbacks for towers from 100% of tower height to 150% of tower height from property lines in all zoning districts except industrial; add radio frequency exposure monitoring requirements; add communication facility maintenance requirements; change the hearing body for communication facilities requiring a Use Permit from the Zoning Administrator to the Planning Commission; increase the required range of public notice for new communication facilities; and other minor changes to integrate amendments.

Contact Information

Name
David Nicholas
Agency Name
Nevada County
Job Title
Associate Planner
Contact Types
Lead/Public Agency / Project Applicant

Location

Counties
Nevada
Regions
Countywide
Other Information
Countywide

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
15301(e), 15301(b), 15308, 15303(d), 15304(e), and 15302
Reasons for Exemption
The proposed amendments have been determined to be statutorily and categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15269(c), 15061(b)(3), 15301, 15302, 15303(d), 15304(e), and 15308, and are also covered under Sections 15162 and 15168 related to previously certified environmental review. The amendments primarily clarify and strengthen existing regulations governing communication towers and facilities and do not authorize new land uses beyond those already permitted under the zoning code. As such, the amendments are largely administrative and regulatory in nature and would not result in a direct or reasonably foreseeable physical change in the environment. Certain provisions, including increased setbacks, maintenance requirements, and radio frequency exposure requirements are also exempt as actions by a regulatory agency for the protection of the environment. Additionally, some facilities addressed in the amendments were previously analyzed in the February 2023 Program Environmental Impact Report, and no subsequent environmental review is required.

Exempt Status
Other
Type, Section or Code
15061(b)(3)
Reasons for Exemption
The proposed amendments have been determined to be statutorily and categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15269(c), 15061(b)(3), 15301, 15302, 15303(d), 15304(e), and 15308, and are also covered under Sections 15162 and 15168 related to previously certified environmental review. The amendments primarily clarify and strengthen existing regulations governing communication towers and facilities and do not authorize new land uses beyond those already permitted under the zoning code. As such, the amendments are largely administrative and regulatory in nature and would not result in a direct or reasonably foreseeable physical change in the environment. Certain provisions, including increased setbacks, maintenance requirements, and radio frequency exposure requirements are also exempt as actions by a regulatory agency for the protection of the environment. Additionally, some facilities addressed in the amendments were previously analyzed in the February 2023 Program Environmental Impact Report, and no subsequent environmental review is required.

Exempt Status
Emergency Project
Type, Section or Code
Sec. 21080(b)(4); 15269(b)(c)
Reasons for Exemption
The proposed amendments have been determined to be statutorily and categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15269(c), 15061(b)(3), 15301, 15302, 15303(d), 15304(e), and 15308, and are also covered under Sections 15162 and 15168 related to previously certified environmental review. The amendments primarily clarify and strengthen existing regulations governing communication towers and facilities and do not authorize new land uses beyond those already permitted under the zoning code. As such, the amendments are largely administrative and regulatory in nature and would not result in a direct or reasonably foreseeable physical change in the environment. Certain provisions, including increased setbacks, maintenance requirements, and radio frequency exposure requirements are also exempt as actions by a regulatory agency for the protection of the environment. Additionally, some facilities addressed in the amendments were previously analyzed in the February 2023 Program Environmental Impact Report, and no subsequent environmental review is required.
County Clerk
Nevada

Attachments

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