| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to telecommunications; modifying requirements for permitting small |
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| 3 | 3 | | 1.3 wireless facilities; amending Minnesota Statutes 2024, section 237.163, subdivisions |
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| 4 | 4 | | 1.4 3a, 3b. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 237.163, subdivision 3a, is amended to read: |
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| 7 | 7 | | 1.7 Subd. 3a.Small wireless facility permits; general.(a) A local government unit: |
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| 8 | 8 | | 1.8 (1) may require a telecommunications right-of-way user to obtain a permit or permits |
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| 9 | 9 | | 1.9under this section to place a new wireless support structure or collocate a small wireless |
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| 10 | 10 | | 1.10facility in a public right-of-way managed by the local government unit; |
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| 11 | 11 | | 1.11 (2) must not require an applicant for a small wireless facility permit to provide any |
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| 12 | 12 | | 1.12information that: |
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| 13 | 13 | | 1.13 (i) has previously been provided to the local government unit by the applicant in an |
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| 14 | 14 | | 1.14application for a small wireless permit, which specific reference shall be provided to the |
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| 15 | 15 | | 1.15local government unit by the applicant; and |
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| 16 | 16 | | 1.16 (ii) is not reasonably necessary to review a permit application for compliance with |
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| 17 | 17 | | 1.17generally applicable and reasonable health, safety, and welfare regulations, and to |
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| 18 | 18 | | 1.18demonstrate compliance with applicable Federal Communications Commission regulations |
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| 19 | 19 | | 1.19governing radio frequency exposure, or other information required by this section; |
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| 20 | 20 | | 1.20 (3) must ensure that any application for a small wireless facility permit is processed on |
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| 21 | 21 | | 1.21a nondiscriminatory basis; and |
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| 22 | 22 | | 1Section 1. |
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| 23 | 23 | | 25-02601 as introduced02/05/25 REVISOR RSI/VJ |
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| 24 | 24 | | SENATE |
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| 25 | 25 | | STATE OF MINNESOTA |
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| 26 | 26 | | S.F. No. 1384NINETY-FOURTH SESSION |
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| 27 | 27 | | (SENATE AUTHORS: DIBBLE) |
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| 28 | 28 | | OFFICIAL STATUSD-PGDATE |
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| 29 | 29 | | Introduction and first reading02/13/2025 |
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| 30 | 30 | | Referred to Commerce and Consumer Protection 2.1 (4) must specify that the term of a small wireless facility permit is equal to the length |
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| 31 | 31 | | 2.2of time that the small wireless facility is in use, unless the permit is revoked under this |
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| 32 | 32 | | 2.3section.; and |
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| 33 | 33 | | 2.4 (5) must require a telecommunications right-of-way user to provide notice to property |
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| 34 | 34 | | 2.5owners located within a 300-foot radius from a new wireless support structure or small |
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| 35 | 35 | | 2.6wireless facility before installing the new wireless support structure or small wireless facility |
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| 36 | 36 | | 2.7in a public right-of-way managed by the local government unit. The notice required under |
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| 37 | 37 | | 2.8this clause must: |
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| 38 | 38 | | 2.9 (i) be provided by the telecommunications right-of-way user to all property owners |
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| 39 | 39 | | 2.10receiving the notice (A) for permits issued before the effective date of this section, no later |
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| 40 | 40 | | 2.11than seven days after the effective date of this section, and (B) for permits pending or |
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| 41 | 41 | | 2.12submitted on or after the effective date of this section, no later than seven days after the |
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| 42 | 42 | | 2.13date a permit has been applied for or submitted; and |
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| 43 | 43 | | 2.14 (ii) include in plain English in at least 12-point font the proposed address of the new |
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| 44 | 44 | | 2.15wireless support structure or small wireless facility, the name and contact information for |
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| 45 | 45 | | 2.16the telecommunications right-of-way user proposing to obtain the permit or permits, and |
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| 46 | 46 | | 2.17any other information, including a proposed timeline, relative to the proposed project. The |
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| 47 | 47 | | 2.18notice must include, in a conspicuous place and in bold print, "NOTICE OF 5G TOWER |
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| 48 | 48 | | 2.19CONSTRUCTION" and must be developed in a manner that the notice is not mistaken for |
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| 49 | 49 | | 2.20unsolicited mail or marketing material. |
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| 50 | 50 | | 2.21 (b) An applicant may file a consolidated permit application to collocate up to 15 small |
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| 51 | 51 | | 2.22wireless facilities, or a greater number if agreed to by a local government unit, provided |
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| 52 | 52 | | 2.23that all the small wireless facilities in the application: |
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| 53 | 53 | | 2.24 (1) are located within a two-mile radius; |
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| 54 | 54 | | 2.25 (2) consist of substantially similar equipment; and |
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| 55 | 55 | | 2.26 (3) are to be placed on similar types of wireless support structures. |
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| 56 | 56 | | 2.27In rendering a decision on a consolidated permit application, a local government unit may |
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| 57 | 57 | | 2.28approve a permit for some small wireless facilities and deny a permit for others, but may |
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| 58 | 58 | | 2.29not use denial of one or more permits as a basis to deny all the small wireless facilities in |
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| 59 | 59 | | 2.30the application. |
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| 60 | 60 | | 2.31 (c) If a local government unit receives applications within a single seven-day period |
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| 61 | 61 | | 2.32from one or more applicants seeking approval of permits for more than 30 small wireless |
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| 62 | 62 | | 2.33facilities, the local government unit may extend the 90-day deadline imposed in subdivision |
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| 63 | 63 | | 2Section 1. |
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| 64 | 64 | | 25-02601 as introduced02/05/25 REVISOR RSI/VJ 3.13c by an additional 30 days. If a local government unit elects to invoke this extension, it |
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| 65 | 65 | | 3.2must inform in writing any applicant to whom the extension will be applied. |
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| 66 | 66 | | 3.3 (d) A local government unit is prohibited from requiring a person to pay a small wireless |
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| 67 | 67 | | 3.4facility permit fee, obtain a small wireless facility permit, or enter into a small wireless |
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| 68 | 68 | | 3.5facility collocation agreement solely in order to conduct any of the following activities: |
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| 69 | 69 | | 3.6 (1) routine maintenance of a small wireless facility; |
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| 70 | 70 | | 3.7 (2) replacement of a small wireless facility with a new facility that is substantially similar |
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| 71 | 71 | | 3.8or smaller in size, weight, height, and wind or structural loading than the small wireless |
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| 72 | 72 | | 3.9facility being replaced; or |
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| 73 | 73 | | 3.10 (3) installation, placement, maintenance, operation, or replacement of micro wireless |
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| 74 | 74 | | 3.11facilities that are suspended on cables strung between existing utility poles in compliance |
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| 75 | 75 | | 3.12with national safety codes. |
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| 76 | 76 | | 3.13A local government unit may require advance notification of these activities if the work |
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| 77 | 77 | | 3.14will obstruct a public right-of-way. |
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| 78 | 78 | | 3.15 (e) Nothing in this subdivision affects the need for an entity seeking to place a small |
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| 79 | 79 | | 3.16wireless facility on a wireless support structure that is not owned by a local government |
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| 80 | 80 | | 3.17unit to obtain from the owner of the wireless support structure any necessary authority to |
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| 81 | 81 | | 3.18place the small wireless facility, nor shall any provision of this chapter be deemed to affect |
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| 82 | 82 | | 3.19the rates, terms, and conditions for access to or placement of a small wireless facility or a |
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| 83 | 83 | | 3.20wireless support structure not owned by a local government unit. This subdivision does not |
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| 84 | 84 | | 3.21affect any existing agreement between a local government unit and an entity concerning |
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| 85 | 85 | | 3.22the placement of small wireless facilities on local government unit-owned wireless support |
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| 86 | 86 | | 3.23structures. |
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| 87 | 87 | | 3.24 (f) No later than six months after May 31, 2017, or three months after receiving a small |
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| 88 | 88 | | 3.25wireless facility permit application from a wireless service provider, a local government |
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| 89 | 89 | | 3.26unit that has elected to set forth terms and conditions of collocation in a standard small |
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| 90 | 90 | | 3.27wireless facility collocation agreement shall develop and make available an agreement that |
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| 91 | 91 | | 3.28complies with the requirements of this section and section 237.162. A standard small wireless |
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| 92 | 92 | | 3.29facility collocation agreement shall be substantially complete. Notwithstanding any law to |
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| 93 | 93 | | 3.30the contrary, the parties to a small wireless facility collocation agreement may incorporate |
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| 94 | 94 | | 3.31additional terms and conditions mutually agreed upon into a small wireless facility collocation |
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| 95 | 95 | | 3.32agreement. A small wireless facility collocation agreement between a local government |
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| 96 | 96 | | 3.33unit and a wireless service provider is considered public data not on individuals and is |
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| 97 | 97 | | 3.34accessible to the public under section 13.03. |
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| 98 | 98 | | 3Section 1. |
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| 99 | 99 | | 25-02601 as introduced02/05/25 REVISOR RSI/VJ 4.1 (g) An approval of a small wireless facility permit under this section authorizes the |
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| 100 | 100 | | 4.2installation, placement, maintenance, or operation of a small wireless facility to provide |
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| 101 | 101 | | 4.3wireless service and shall not be construed to confer authorization to (1) provide any service |
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| 102 | 102 | | 4.4other than a wireless service, or (2) install, place, maintain, or operate a wireline backhaul |
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| 103 | 103 | | 4.5facility in the right-of-way. |
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| 104 | 104 | | 4.6 (h) The terms and conditions of collocation under this subdivision: |
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| 105 | 105 | | 4.7 (1) may be set forth in a small wireless facility collocation agreement, if a local |
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| 106 | 106 | | 4.8government unit elects to utilize such an agreement; |
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| 107 | 107 | | 4.9 (2) must be nondiscriminatory, competitively neutral, and commercially reasonable; and |
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| 108 | 108 | | 4.10 (3) must comply with this section and section 237.162. |
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| 109 | 109 | | 4.11 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 110 | 110 | | 4.12 Sec. 2. Minnesota Statutes 2024, section 237.163, subdivision 3b, is amended to read: |
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| 111 | 111 | | 4.13 Subd. 3b.Small wireless facility permits; placement.(a) A local government unit may |
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| 112 | 112 | | 4.14not require the placement of small wireless facilities on any specific wireless support structure |
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| 113 | 113 | | 4.15other than the wireless support structure proposed in the permit application. |
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| 114 | 114 | | 4.16 (b) A local government unit must not may limit the placement of small wireless facilities, |
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| 115 | 115 | | 4.17either by minimum separation distances between small wireless facilities or maximum |
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| 116 | 116 | | 4.18height limitations, except that each as follows: |
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| 117 | 117 | | 4.19 (1) a wireless support structure installed in the right-of-way after May 31, 2017, shall |
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| 118 | 118 | | 4.20not exceed 50 feet above ground level, unless the local government unit agrees to a greater |
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| 119 | 119 | | 4.21height, subject to local zoning regulations,; and may be |
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| 120 | 120 | | 4.22 (2) a wireless support structure is subject to separation and setback requirements in |
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| 121 | 121 | | 4.23relation to under local zoning regulations governing residential dwellings, schools, day care |
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| 122 | 122 | | 4.24facilities, buildings that house vulnerable populations, or other wireless support structures. |
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| 123 | 123 | | 4.25If a local zoning regulation does not specify small wireless facility setback requirements, |
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| 124 | 124 | | 4.26the setback and separation requirements are: |
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| 125 | 125 | | 4.27 (i) for a setback from dwellings regardless of zone, small wireless facilities must not be |
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| 126 | 126 | | 4.28within 300 feet of a lawful dwelling unit; and |
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| 127 | 127 | | 4.29 (ii) for facility separation, a facility must not be located within 1,500 feet of another |
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| 128 | 128 | | 4.30facility. |
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| 129 | 129 | | 4Sec. 2. |
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| 130 | 130 | | 25-02601 as introduced02/05/25 REVISOR RSI/VJ 5.1 (c) Notwithstanding paragraph (b), a wireless support structure that replaces an existing |
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| 131 | 131 | | 5.2wireless support structure that is higher than 50 feet above ground level may be placed at |
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| 132 | 132 | | 5.3the height of the existing wireless support structure, unless the local government unit agrees |
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| 133 | 133 | | 5.4to a greater height, subject to local zoning regulations. |
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| 134 | 134 | | 5.5 (d) Wireless facilities constructed in the right-of-way after May 31, 2017, may not extend |
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| 135 | 135 | | 5.6more than ten feet above an existing wireless support structure in place as of May 31, 2017. |
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| 136 | 136 | | 5.7 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 137 | 137 | | 5Sec. 2. |
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| 138 | 138 | | 25-02601 as introduced02/05/25 REVISOR RSI/VJ |
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