Tillman Infrastructure LLC Secures Important Victory in Culpeper County Zoning Dispute
A significant development in telecommunications infrastructure law has emerged from the Fourth Circuit Court of Appeals, with a ruling in favor of Tillman Infrastructure LLC in their case against the Board of Supervisors of Culpeper County, Virginia. The court’s decision, published on August 14, 2025, addresses critical aspects of Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, a federal law designed to expedite the deployment of wireless infrastructure.
The case, docketed as ’23-1094 – Tillman Infrastructure LLC v. Board of Supervisors of Culpeper County, Virginia,’ centered on whether Culpeper County’s zoning ordinances unduly impeded Tillman’s efforts to install and upgrade wireless telecommunications facilities. Section 6409(a) generally prohibits state and local governments from denying zoning requests for the modification of existing wireless towers or the placement of new equipment on existing structures if the request “does not substantially change the physical dimensions of such tower or facility.”
While the specific details of the Fourth Circuit’s published opinion are eagerly awaited, the fact of Tillman Infrastructure LLC’s victory suggests a favorable interpretation of Section 6409(a) that supports the streamlining of wireless infrastructure deployment. This ruling is likely to have far-reaching implications for broadband expansion and network upgrades across the Fourth Circuit’s jurisdiction, which includes Virginia, West Virginia, Maryland, Delaware, and North Carolina.
For companies like Tillman Infrastructure, which are dedicated to building out the nation’s wireless networks, such legal clarity is invaluable. It helps to remove regulatory hurdles that can delay critical infrastructure projects, ultimately impacting the availability and quality of wireless services for consumers and businesses. The decision may also provide a precedent for other wireless carriers and infrastructure providers facing similar zoning challenges in other localities.
The Board of Supervisors of Culpeper County, like many local government bodies, is tasked with balancing community development and aesthetic considerations with the growing demand for reliable wireless connectivity. Disputes over zoning for cell towers and related infrastructure are common, as communities grapple with the visual impact of these facilities and the potential for increased radio frequency exposure.
The Fourth Circuit’s ruling in Tillman Infrastructure LLC v. Board of Supervisors of Culpeper County, Virginia underscores the ongoing effort at both federal and judicial levels to ensure that regulations do not create unnecessary barriers to the expansion of vital telecommunications infrastructure. This decision is a positive development for the telecommunications industry and for the public who rely on robust wireless networks. Further analysis of the court’s reasoning will be crucial for understanding the full scope and impact of this important ruling.
23-1094 – Tillman Infrastructure LLC v. Board of Supervisors of Culpeper County, Virginia
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