Department of Community Development
Reference: Wireless Communication Facilities - Land Use and Development Code Article 10
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Grey Shipman, Associate Planner
Date Prepared: May 19, 2026
PURPOSE
Review and consider modifications to the Land Use & Development Code relating to Wireless Communication Facilities regulations.
PROCESS
The City of Brighton Land Use & Development Code (LUDC) outlines the code amendment process, which allows for initiation of amendments by the City Council, Planning Commission, and staff on behalf of these entities. The proposed amendments were discussed at study sessions with the Planning Commission and the City Council on September 11, 2025, and September 23, 2025, respectively.
In considering the amendments, the City Council should use the review criteria outlined in Section 2.10(B) of the LUDC. The review criteria generally include, but are not limited to, furthering the purposes of the LUDC, amendments being in accordance with the Comprehensive Plan, promoting the public safety, health and general welfare of the community, and improving the effectiveness and efficiency of administering the LUDC.
BACKGROUND AND SUMMARY OF AMENDMENTS
On June 4, 2025, the State of Colorado passed HB 25-1056, which limits the ability of local governments to regulate minor changes to Wireless Communication Facilities (WCFs). With HB 25-1056, local governments are generally unable to require siting applications or permits for minor modifications to existing WCFs. Local governments may, however, continue to require permits for ancillary work, such as trenching in the public right-of-way. To comply with HB 25-1056, Staff is proposing code amendments to Article 10 of the LUDC. Other updates to the LUDC are also being proposed to improve the readability of the City’s existing regulations for WCFs.
Article 10 - Supplemental Standards. Article 10 contains the City’s regulations for WCFs. HB 25-1056 prohibits local governments from requiring a “siting application or additional permits” for minor modifications that qualify as an Eligible Facilities Request (EFR), as defined by federal and state law. Staff recommends removing the term “Site Improvement Permit,” a type of siting application, from the review procedures section for EFRs. Staff, however, will continue to require companies that make minor modifications to WCFs to submit a verification form to the City. In the verification form, companies will describe the proposed modifications they are undertaking for an existing WCF and attest that the changes qualify as an EFR.
Staff is also proposing other updates to WCF regulations to improve readability and better comply with required state and federal review timeframes. For example, Article 10 is currently missing shorter review timelines that apply to applications to install a Small Wireless Facility on an existing structure (60-day review period) and applications to collocate a facility other than a Small Wireless Facility using a new structure (90-day review period).
Currently, the Director of Community Development may refer WCF applications to the City Council for deliberation and a final decision if the applications have a significant visual impact or are incompatible with the structure or surrounding area. Staff is proposing to change the LUDC so the Director may refer these cases to the Planning Commission. The Planning Commission already makes decisions on all WCF applications that require a Conditional Use Permit. The proposed code amendments keep the public hearing process consistent across different types of WCF applications.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM
Modifications to the LUDC must meet the criteria for a Code Amendment as specified in Section 2.10 B. of the LUDC:
1. The amendment furthers the purposes of these regulations in Section 1.01.C.
2. The amendment is in accordance with the Comprehensive Plan and has been considered for both its long-range effects as well as immediate impacts.
3. The amendment promotes the public safety, health, and general welfare of the community in the City of Brighton.
4. The amendment improves the effectiveness and efficiency of administering the LUDC.
STAFF ANALYSIS
Modifications to the LUDC must meet the following criteria, shown in bold, below. Following each criterion, staff provides an analysis of whether the proposed amendments meet the requirements of that criterion.
1. The amendment furthers the purposes of these regulations in Section 1.01.C.
The amendments further the purpose of Section 1.01.C. by simplifying land use regulations for minor modifications to WCFs. Wireless connectivity is important for the social and economic well-being of City residents. Additionally, wireless connectivity helps people contact emergency services.
2. The amendment is in accordance with the Comprehensive Plan and has been considered for both its long-range effects as well as immediate impacts.
The Be Brighton comprehensive plan is a goal setting and policy document that envisions the City’s future. The LUDC, on the other hand, provides specific rules and regulations that govern development and land use within the City on a day-to-day basis. When considering proposed amendments to the LUDC, the Be Brighton comprehensive plan serves as a valuable resource to evaluate whether code amendments contribute to the shared vision of the City’s future.
The Be Brighton comprehensive plan recognizes the importance of private and public infrastructure investments. In a world that is increasingly reliant on digital mediums, wireless connectivity is a crucial piece of infrastructure. According to Policy 1.1 of the Be Brighton comprehensive plan, new growth should favor areas with existing infrastructure. Due to increased demand and new technological advancements, wireless communication facilities need to be modified on a semi-regular basis. The proposed code amendments simplify the process and make it easier for wireless providers to maintain, swap out, and/or install new, similarly sized equipment on existing wireless facilities.
3. The amendment promotes the public safety, health, and general welfare of the community in the City of Brighton.
The proposed amendments would simplify the approval process for minor changes to existing WCFs. An easier process may facilitate new investments into existing WCFs and improve wireless connectivity and signal strengths. Reliable wireless communications (e.g., cell phones) are important for people to access emergency services, such as police, fire fighters, and ambulances.
4. The amendment improves the effectiveness and efficiency of administering the Land Development Code.
In addition to proposed changes that are being made in response to HB 25-1056, staff is also proposing edits to improve the clarity and readability of the City’s WCF regulations. The proposed modifications will make it easier for Staff and applicants to interpret and adhere to the WCF requirements in the LUDC.
PUBLIC NOTICE AND INQUIRY
Notice of the public hearing was published on the City website on April 24, 2026, at least 15 days prior to the public hearing, as required by Section 2.01(F) of the LUDC. Staff will be publishing notice on social media outlets in the days leading up to the meeting.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds that the proposed code amendments generally meet the review criteria outlined in Section 2.10(B) Review Criteria, of the LUDC and is, therefore, recommending approval of the code amendments.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing the Code Amendment application. The City Council may:
1. Approve the code amendments via ordinance as drafted;
2. Approve the code amendments with changes to the drafted ordinance;
3. Deny the code amendments with specific findings to justify the denial, or;
4. Continue the item to be heard at a later, specified date if the City Council feels it needs additional information to ensure compliance with the approval criteria as set forth in the Land Use & Development Code.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard the request on May 14, 2026, and unanimously recommended approval. (See the attached Resolution #26-08.)
ATTACHMENTS
● Draft City Council Ordinance
● Planning Commission Resolution 26-08
● Website Notice
● Website Publication Proof
● Code Amendments Redlines
● City Staff’s Draft Presentation