Tularosa trustees approve cell tower permit with conditions, adopt new dog ordinance

TULAROSA, N.M. — The Tularosa Board of Trustees on Thursday narrowly approved a special use permit for a cell phone tower on Sunset Road, despite opposition from nearby residents. The mayor broke a 2-2 tie to pass the measure 3-2.

The trustees attached 12 conditions that Flagship One LLC must meet before it can receive a building permit. Several trustees said they voted with the expectation that the village would lose if it denied the permit and the company sued.

The special meeting also saw the board adopt a rewritten dog ordinance and approve an updated personnel policy. A planned closed executive session was dropped because the village attorney could not attend.

Tower approved on a tie-breaking vote

The permit, Special Use Application 2026-002, covers a tower at 44 Sunset Road. The site lies outside village limits, within the village's extraterritorial zoning area.

Before the vote, the mayor reminded trustees of what was at stake. "Remember, this is just a permit," the mayor said. "If they violate this permit, pull it."

One trustee acknowledged that residents near the site opposed the tower. "I understand that our constituents in that area are not for this. I understand that completely, wholeheartedly, and I appreciate the time and you guys coming and voicing that," the trustee said.

But the trustee said conversations with the village attorney pointed toward approval. "If you don't approve it, they can take us to court, and we're going to spend unnecessary money to be told we have to approve it," the trustee said.

Officials said radio frequency emissions could not be grounds for denial because federal rules deem them safe. Public dislike alone also would not hold up, they said.

Residents had submitted a petition with 198 signatures. One official said a petition would need signatures from close to three-quarters of the village to carry that kind of weight.

Another trustee noted that Otero County has no ordinance governing cell towers and the site is unzoned. "If we don't have a law in place already, it's kind of hard to say no," the trustee said. "We're going to spend hundreds of thousands of dollars in court on this. And bottom line is they're going to win."

Trustees stressed that the approval is binding only if the company meets every condition. "If they don't meet everything in this thing, then they don't get such permit," one said.

What Flagship One must do

The Mayor Pro Tem read the Planning and Zoning Commission's findings of fact and recommended conditions into the record. The tower would stand 190 feet 10 inches tall and hold up to four wireless carriers. Key conditions include:

• Fall zone: A setback equal to 100% of the tower's height, 190 feet 10 inches, to all property lines.
• Engineering: Sealed plans and manufacturer certifications showing compliance with 2025 state and federal building codes, plus site-specific soil and foundation reports.
• Structural reviews: A new structural analysis, approved by the village, before any carrier is added or antennas are changed.
• Village space: A slot at position three or four, at 150 feet or lower, reserved for village and public safety equipment at a nominal fee if the village chooses to use it.
• Radio frequency: A report showing compliance with FCC OET Bulletin 65 exposure limits before the tower goes into operation.
• Environmental and historic review: Completed NEPA and Section 106 State Historic Preservation Office clearances before a building permit.
• Power and noise: Backup power limited to an 8- to 10-hour battery system. No fuel generator without a formal application, noise assessment and village approval.
• Driveway: A gravel surface on the site driveway and access route to control dust and erosion.
• Removal bond: A $75,000 surety bond with an annual inflation adjustment. It must cover removal of the tower and footings to 3 feet below grade within 90 days of abandonment.
• Annual certification: Yearly written confirmation that the tower remains in active commercial use.
• Enforcement: Village rights to enter the property, remove the tower and place a lien if the owner defaults. All obligations bind future owners, and the village must be notified before any transfer.

The company also agreed in writing to lease space to other carriers on commercially reasonable, nondiscriminatory terms. Fencing details must be approved by the village before construction.

New dog ordinance adopted

Trustees adopted Ordinance No. 285, which amends Chapter 95 of the village code on animals. The rewrite covers general provisions, prohibited activities, enforcement, and dangerous and potentially dangerous dogs.

The ordinance takes effect five days after notice of its approval is published in the newspaper.

Before the vote, Trustee Chris Rupp asked the village's animal control officer, identified at the meeting as Dean, to explain enforcement on issues residents had raised.

Barking. The public nuisance rule is unchanged from the existing ordinance. Enforcement starts with a complaint and applies from 10 p.m. to 6 a.m. Barking generally must be excessive, lasting longer than an hour. A dog that was provoked will not be cited.

Licensing. Officers will not go door to door or into yards to check licenses. "Everybody has their right to privacy and their own residence," Dean said.

Instead, officers act when a dog is found loose. Owners get a warning and a few weeks to obtain a license at the police department, where proof of rabies vaccination is required. A citation can follow if they don't comply.

Aggressive dogs. Officials said the dangerous-dog provisions target dogs that run loose and chase people, not dogs guarding their own yards. Dean said a dog that is provoked, or protecting a litter of puppies, will not be deemed dangerous.

Trustees thanked Dean for drafting the update. "Having the firsthand knowledge of having to use this every day made this, I think, a little more easier for us to go through," one trustee said.

The board approved the ordinance on a roll-call vote. Trustees Bruce Wallace, Rupp and Otero voted yes; Trustee Garwood's vote was not audible on the recording.

Personnel policy approved

The board also approved an updated village personnel policy, brought back after what the mayor called a mix-up over which version was under consideration. Mayor Deborah Cooksey Myers presented the request.

One trustee said the revision was "put in good legal terms," and credited Chris Rupp with the work. Officials said a personnel specialist working with the village attorney handled the editing. The motion passed without discussion of further changes.

The meeting then adjourned.

More News from Alamogordo

• Otero Arts Opens 2026 Members’ Exhibit Friday with Reception at Historic Artspace Otero Arts is open every Thursday thru Sunday 1 to 4 free to the public
• Regional Veterans Day Observances Begin Saturday with Alamogordo Parade Area events for Veterans Day this week begins Saturday