Cell Tower Decision Likely Will Land St. Charles County in Court

St. Charles County and St. Charles Tower took another step towards the courtroom Monday.

The county provided its legal reasons for turning down the company’s proposal to erect a cell tower near Walnut Creek Trail in the Defiance area during the county council’s meeting Monday.

The county council turned down the proposal for the tower during its January meeting.

County Councilman Joe Brazil, R-District 1, of Defiance, said that the council has not approved any cell tower in the Defiance area since he has been on the council. Brazil said he has voted no on every such cell tower proposal.

“It’s infringing on the beauty of the area,” Brazil said after the meeting. “That’s the area’s biggest asset. That’s why people go there. Nobody wants to sit on the deck at a winery and look at cell towers.”

After the meeting, St. Charles Tower attorney Eric Martin said the next step likely would be litigation.

The tower would allow AT&T to provide 4G coverage in the area. It would provide six antennas, tripling the number now in the area, and eliminating the need for more towers, Martin told the council during its January 10 meeting. The tower would be disguised as a pine tree and would be only 30 feet to 40 feet taller than the surrounding landscape.

Previously, Martin said the Federal Telecommunications Act of 1996 authorizes building infrastructure for telecommunication and prevents local government from blocking those attempts.

However, Assistant County Counselor Harold Ellis said the Act does not necessarily overrule all zoning laws. He said much depends upon how the county details the reasons it has for refusing the tower.

Sheriff Tom Neer said that, as a 30-year resident of the Defiance area, he doesn’t want the tower to go in either.

“I don’t want that part of the county looking like porcupine hill,” Neer said.

About nine years ago, he opposed a cell tower going up near his property, he said. This tower isn’t necessary, he said.

“I’ve had three cell phone carriers, and I’ve never had a problem with coverage,” Neer said. "4G is totally a marketing thing. It’s after 3G and before 5G. We’re slaves to technology.”