“Forward” might be Wisconsin’s official state motto but when it comes to tower siting, moving forward can be challenging.
Husch Blackwell, an established law firm with a specialization in telecommunications, recently played a crucial role in a landmark case involving a tower siting dispute between two tower companies. The outcome provided new legal insights into the interaction between local and state regulations regarding tower placement.
The case revolved around Tillman Infrastructure, represented by Husch Blackwell, which sought to construct a new tower in Columbia County, Wisconsin, on behalf of a national mobile network operator. The county had a local ordinance that required a half-mile separation between towers. However, Wisconsin state law, specifically section 66.0404, governs tower siting and includes provisions aimed at streamlining the process, which preempts local ordinances.
“Tillman’s position was that the local spacing requirements conflicted with the state law because state law says that local jurisdictions cannot regulate certain aspects of tower placement,” explained Rod Carter, Partner at Husch Blackwell. According to Carter, Columbia County’s ordinance was in direct conflict with Wisconsin’s state statute, making it unenforceable.
Challenging the Local Ordinance
The county initially agreed with Tillman’s position and issued the necessary permit for the new tower, located approximately 2,300 feet from an existing tower owned by a competing tower company. The competing tower company, along with a nearby resident, challenged the decision, citing concerns about aesthetics and proximity.
“Our position from the county level up was that the state law prevented the enforcement of this spacing ordinance,” said Jake Remington, Senior Counsel, Husch Blackwell. “The state law’s purpose is to prevent local ordinances from imposing unreasonable restrictions on tower placement.”
The challengers initially found success in state trial court, which ruled the permit invalid. However, Tillman, with Husch Blackwell’s representation, appealed the decision, bringing the case to the Wisconsin Court of Appeals.
Victory at the Court of Appeals
In July 2024, the Wisconsin Court of Appeals ruled in favor of Tillman and upheld the county’s decision to issue the permit. The appellate court affirmed that the state law preempted the local ordinance and rendered the spacing requirement unenforceable.
The ruling has broader implications, according to Joe Diedrich, Senior Associate, Husch Blackwell. “This decision will likely influence similar cases not only in Wisconsin but also in other jurisdictions where local laws may conflict with state statutes governing tower placement. The case reinforces the primacy of state law when local ordinances seek to impose additional restrictions.”
The Husch Blackwell team noted this victory underscored the firm’s expertise in navigating the complexities of telecom law, particularly in cases where state and local regulations intersect. “This case is important not only for our client, Tillman,” said Carter, “but for the broader telecom industry, as it provides clear guidance on how courts may interpret similar conflicts in other regions.”
Aside from the legal battle over the county’s ordinance, the case also touched on more familiar arguments in tower siting disputes. “The concerns raised in this instance were typical of similar cases—issues like aesthetics and whether the new tower would be too close to existing infrastructure,” explained Remington. “However, our focus was on the legal aspect, particularly how the state law superseded local regulations.”
These “Not In My Backyard” (NIMBY) objections are common in tower siting cases, as residents often push back against new infrastructure being built near their homes. Husch Blackwell’s team was well-prepared to address these concerns while keeping the focus on the legal framework.
Broader Implications for the Telecom Industry
The significance of this case extends beyond Columbia County and Wisconsin. As Diedrich explained, “This case provides a clear example of how state laws can shape tower siting regulations, which is critical as telecom companies continue expanding 5G and other infrastructure nationwide. The ruling could serve as persuasive precedent in other jurisdictions where similar disputes arise.”
Carter also highlighted that this case demonstrates how collaboration between telecom companies and local municipalities can lead to more streamlined decision-making processes. “In this case, the county agreed with Tillman’s position, which helped expedite the permit process. This collaborative approach could serve as a model for other municipalities grappling with conflicting local and state regulations.”
Clearing the Path to Construction
With the Wisconsin Court of Appeals ruling in Tillman’s favor, the path is now clear for the company to proceed with its tower construction. As Carter noted, “The decision just came down in mid-July, and Tillman is now moving forward accordingly. This victory not only benefits our client but also sets a positive precedent for future tower siting cases in Wisconsin and beyond.”
Husch Blackwell’s telecom law practice remains at the forefront of such disputes, leveraging deep expertise to navigate a constantly evolving regulatory landscape. Its Telecommunications law team covers all areas of communications, ranging from infrastructure development and deployment to business practice and policy. Its attorneys routinely assist clients with complex communications business transactions involving entity formation, taxation, contract negotiations, project financing, zoning and construction, land use, real estate, wireless technology, build-out strategies and, when necessary, litigation.
As the telecom industry continues to advance, the firm anticipates more legal challenges, especially as local jurisdictions seek to balance community concerns with the need for improved connectivity.
To learn more about Husch Blackwell, visit https://www.huschblackwell.com/industries_services/telecommunications.
Listen to the entire conversation, captured on a recent episode of the Tower Talks podcast available on Inside Towers’ website, Spotify, iTunes and Amazon.
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