Mount Everett
Mount Everett State Reservation
Mount Washington, Massachusetts
Fire Towers

The Massachusetts Department of Conservation & Recreation [DCR] has 48 fire towers across the state. With a few exceptions along the state's coastline, most are located on mountaintops, often on the most prominent peak in the local landscape. DCR has a policy of leasing the towers as telecommunications sites to public agencies and corporations.

In 1995, John Motroni, DCR's high-ground manager, wrote: "Our statewide system of fire towers provides a considerable amount of public service to the cities and towns of Massachusetts in the areas of fire detection and free radio space. We also as landlords collect a substantial amount of revenue from our special use permits in renting radio and antenna space to private companies at many of our fire towers. We must maintain these facilities if we are to continue this public service along with the revenue that it generates."

As of 1996, DCR had 53 fire tower sites and 50 fire towers. That year, the state legislature appropriated $3.5 million for DCR to study, renovate, market, and lease its fire towers to public-agency and commercial telecommunications providers. That legislation was Line 2100-1961, Section 2A, Chapter 205, Acts & Resolves of 1996.

Chapter 88, Section 110, Acts & Resolves of 1997 was then enacted to permit DCR to sign telecommunications leases for its fire towers. "Said agreements may include, without limitation, provisions for access to buildings, communications towers, and properties and for placement and use of ancillary equipment, facilities, and fixtures." This means DCR can allow public agencies and corporations to build roads, lay power lines, and construct towers, equipment shelters, and anything else necessary to install and operate telecommunications facilities.

In 1997, DCR advertised for an assistant communications manager who would "assist the high ground site manager in the review of designs, licenses and structural load for telecommunications users at 53 fire tower sites." One of the questions asked of applicants was: "How do you think we can maximize the number of multiple users on DEM highground locations using existing towers?" The Department of Environmental Management [DEM] was the agency's name at that time.

In response to objections raised by several towns against telecommunications leases on DCR's fire towers, DCR's lawyers wrote a memo in 1998 stating: "DCR is not required to apply for or receive special permits under local zoning by-laws and such by-laws and ordinances are not applicable to the DCR."

Furthermore, in DCR's opinion: "neither other public agencies nor private entities would be required to obtain local approvals in accordance with zoning by-laws."

The memo cites Section 253(a) of the Federal Telecommunications Act of 1996 to support DCR's position: "No State or local statute or regulation, or any other State or local legal requirement may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service."

In a 1999 conversation, a DCR lawyer confirmed that DCR interpreted the Federal Telecommunications Act of 1996 to mean that DCR must provide telecommunications sites, and DCR's policy is to use its existing fire towers for those purposes.

As of 1999, DCR had 144 telecommunications leases on 36 of its 50 fire towers, for an average of four leases each. A survey that year of the remaining 14 fire towers showed that all but two had telecommunications equipment on or near them. Presumably, the equipment on fire towers without leases was owned by DCR. In a few cases, the fire towers had no equipment on them but nearby, on private land, were commercial towers serviced by the same power lines and access roads. Thus, as of 1999, 48 of the state's 50 fire towers had telecommunications equipment on or near them. The only exceptions were the fire towers on Mount Everett and Lair Mountain. Those two have since been removed.

Below are photos and, in some cases, descriptions of DCR's fire towers. The photos were taken in 2002. The towers are listed by the towns in which they are located. The four Berkshire County fire towers are in Monterey, New Ashford, Richmond, and Savoy. Photos and information are also provided on the former Mount Everett fire tower in the Berkshire County town of Mount Washington.