Arapahoe County panel backs wireless application rule update, new $645 fee
The Planning Commission recommended an administrative update to Arapahoe County’s wireless facility application manual, including a new fee for eligible-facility requests. County commissioners still must take final action.
The Arapahoe County Planning Commission voted 6-0 on July 7 to recommend an update to the county’s Development Application Manual for wireless communication facilities, including a new $645 fee for eligible-facility requests.
The recommendation does not change county law on its own. The proposal next goes to the Board of County Commissioners for a public hearing and final action.
County staff said the manual changes would bring application procedures in line with a 2025 code update that replaced the old CMRS terminology with wireless communication facilities, added a formal process for eligible-facility requests and streamlined submittal and review steps.
Staff said the county has already been processing eligible-facility requests under the updated code, but had not been charging a specific fee for the determination letter and related review. The proposed $645 fee is based on planner and planning-technology staff time.
Commission discussion suggested the change is mainly procedural. Staff said the amendment would set review criteria for eligible and non-eligible facilities, add flow charts and a shot clock, and clarify paperwork requirements. It would not reopen the county’s underlying wireless standards or change separate rules for facilities in the public right-of-way.
County counsel said wireless permit fees need to match actual processing costs or risk raising TABOR concerns by looking like a tax. When commissioners asked how the proposal compared with other counties, staff said Arapahoe based the recommendation on its own cost estimate rather than nearby posted fees.
Under federal law, an eligible-facilities request generally involves modifying an existing tower or base station by adding, removing or replacing transmission equipment. Local governments must approve qualifying requests that do not substantially change the structure’s physical dimensions.
The board can now adopt the amendment, revise the fee or send it back for more study.