Preserving Scenic and Historic Sites: The Dilemma of Siting Cell Towers and Antennas in Sensitive Areas
By Jeffrey Anzevino
Excerpted from the book "Cell Towers "edited by B. Blake Levitt. Ordering information is available at SafeGoods/New Century Publishing.
What's At Stake In The Hudson Valley?
Our scenic vistas attract tourists from all over the world. Tourism is our number two industry - just behind agriculture - in the state, and a leading source of tax revenue. In fact, tourism is the number one or two industry in every county. In the Hudson Valley, tourism employs 90,000 people, creating a $1.3 billion annual payroll, and $2.5 billion annual revenue.
Community character in the Hudson Valley attracts new residents and business, in addition to tourists, and the quality of life is also key to attracting new businesses.
Several important gains in protecting the unique, historic Hudson River corridor have been made over the past few years. The Hudson was declared an American Heritage River through President Clinton's initiative, and was designated a National Heritage Area by Congress in 1998. (There are only thirteen such designated sites in the country.) A comprehensive management plan is being developed.
Scenic areas are of significance throughout the state, but there is an inherent problem with telecommunications towers. Telecom providers seek out the highest ground for maximum signal range. But scenic ridgelines are, of course, the most visible and sensitive areas. Towers automatically intrude upon viewsheds.
Case Studies
While the New York State Thruway carries no designation as a scenic byway, it nonetheless has many stretches that possess outstanding scenic qualities. An Environmental Impact Statement (EIS) prepared without much fanfare, or public notice, now proposes 150 towers positioned along a 461-mile stretch of highway. That's one tower every 3.2 miles along a beautiful rural highway. Since the thruway is operated by a state authority, local zoning does not apply.
An example of poor tower siting is this tower, north of Saugerties. It is positioned too close to the road. Positioning like this raises safety issues - such as tower failure/collapse, and falling ice - along with aesthetic concerns. It is also directly in line with northbound motorists' field of vision for a considerable length of time.
What Needs to Be Done?
Every municipality needs a strong local law regulating telecommunications facilities. The time to act is before applications arrive.
Ensure that Section 106 of the National Historic Preservation law is complied with. Applications for wireless telecommunications must comply with Section 106 of the National Historic Preservation Act. Federal agencies must consider the effect of actions on cultural and historic resources. (Regulations implementing Section 106 are found in 36 Code of Federal Regulations Part 800.) The Advisory Council on Historic Preservation is an independent federal agency responsible for promulgating the regulations and providing oversight in implementation. The FCC is also responsible, but often delegates this responsibility to the applicants or the designees. Towns must be wary of this.
Inter-municipal and regional planning is particularly important when regional resources are at stake, such as the Hudson River, the Taconic State Parkway, and other like resources.
It is important to amend the Telecommunications Act. We need to strengthen the role of local government in tower siting, and protect our First Amendment Rights of free speech at public forums. People raising important issues are often shut down.
As a society, we need to encourage telecommunications systems that are not dependent on ground-based facilities - satellite systems, for example.
We need more frequent and effective use of camouflage and stealth facilities. Until satellite systems can be more effectively deployed, we must encourage and require camouflage and stealth facilities such as barn silos, imitation trees, flagpole designs and antennas mounted flush on other structures.
Conservation should also be considered. Just like the energy conservation and recycling efforts of the past that have now become part of our consumer consciousness, people should be aware that cell phone use can be voluntarily curtailed. If people used their cell phones less, there would be less need for towers. People should think of the public airwaves as the natural resource that they are, worthy of conservation.
Conclusion
Much is at stake in the Hudson Valley and elsewhere. We are being called upon to protect our communities as never before. Tourism, our quality of life, our scenic vistas, and our property values are all at risk from a burgeoning wireless technology.
We must galvanize around the issue of wireless telecommunications facilities to ensure that this technology serves us in a manner that doesn't jeopardize our environment. |
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| Encourage the adoption of a cell tower ordinance in your community. |
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