1.1 A bill for an act
1.2 relating to telecommunications; modifying requirements for permitting small
1.3 wireless facilities; amending Minnesota Statutes 2024, section 237.163, subdivisions
1.4 3a, 3b.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 237.163, subdivision 3a, is amended to read:
1.7 Subd. 3a.Small wireless facility permits; general.(a) A local government unit:
1.8 (1) may require a telecommunications right-of-way user to obtain a permit or permits
1.9under this section to place a new wireless support structure or collocate a small wireless
1.10facility in a public right-of-way managed by the local government unit;
1.11 (2) must not require an applicant for a small wireless facility permit to provide any
1.12information that:
1.13 (i) has previously been provided to the local government unit by the applicant in an
1.14application for a small wireless permit, which specific reference shall be provided to the
1.15local government unit by the applicant; and
1.16 (ii) is not reasonably necessary to review a permit application for compliance with
1.17generally applicable and reasonable health, safety, and welfare regulations, and to
1.18demonstrate compliance with applicable Federal Communications Commission regulations
1.19governing radio frequency exposure, or other information required by this section;
1.20 (3) must ensure that any application for a small wireless facility permit is processed on
1.21a nondiscriminatory basis; and
1Section 1.
25-02601 as introduced02/05/25 REVISOR RSI/VJ
SENATE
STATE OF MINNESOTA
S.F. No. 1384NINETY-FOURTH SESSION
(SENATE AUTHORS: DIBBLE)
OFFICIAL STATUSD-PGDATE
Introduction and first reading02/13/2025
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
2.2of time that the small wireless facility is in use, unless the permit is revoked under this
2.3section.; and
2.4 (5) must require a telecommunications right-of-way user to provide notice to property
2.5owners located within a 300-foot radius from a new wireless support structure or small
2.6wireless facility before installing the new wireless support structure or small wireless facility
2.7in a public right-of-way managed by the local government unit. The notice required under
2.8this clause must:
2.9 (i) be provided by the telecommunications right-of-way user to all property owners
2.10receiving the notice (A) for permits issued before the effective date of this section, no later
2.11than seven days after the effective date of this section, and (B) for permits pending or
2.12submitted on or after the effective date of this section, no later than seven days after the
2.13date a permit has been applied for or submitted; and
2.14 (ii) include in plain English in at least 12-point font the proposed address of the new
2.15wireless support structure or small wireless facility, the name and contact information for
2.16the telecommunications right-of-way user proposing to obtain the permit or permits, and
2.17any other information, including a proposed timeline, relative to the proposed project. The
2.18notice must include, in a conspicuous place and in bold print, "NOTICE OF 5G TOWER
2.19CONSTRUCTION" and must be developed in a manner that the notice is not mistaken for
2.20unsolicited mail or marketing material.
2.21 (b) An applicant may file a consolidated permit application to collocate up to 15 small
2.22wireless facilities, or a greater number if agreed to by a local government unit, provided
2.23that all the small wireless facilities in the application:
2.24 (1) are located within a two-mile radius;
2.25 (2) consist of substantially similar equipment; and
2.26 (3) are to be placed on similar types of wireless support structures.
2.27In rendering a decision on a consolidated permit application, a local government unit may
2.28approve a permit for some small wireless facilities and deny a permit for others, but may
2.29not use denial of one or more permits as a basis to deny all the small wireless facilities in
2.30the application.
2.31 (c) If a local government unit receives applications within a single seven-day period
2.32from one or more applicants seeking approval of permits for more than 30 small wireless
2.33facilities, the local government unit may extend the 90-day deadline imposed in subdivision
2Section 1.
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
3.2must inform in writing any applicant to whom the extension will be applied.
3.3 (d) A local government unit is prohibited from requiring a person to pay a small wireless
3.4facility permit fee, obtain a small wireless facility permit, or enter into a small wireless
3.5facility collocation agreement solely in order to conduct any of the following activities:
3.6 (1) routine maintenance of a small wireless facility;
3.7 (2) replacement of a small wireless facility with a new facility that is substantially similar
3.8or smaller in size, weight, height, and wind or structural loading than the small wireless
3.9facility being replaced; or
3.10 (3) installation, placement, maintenance, operation, or replacement of micro wireless
3.11facilities that are suspended on cables strung between existing utility poles in compliance
3.12with national safety codes.
3.13A local government unit may require advance notification of these activities if the work
3.14will obstruct a public right-of-way.
3.15 (e) Nothing in this subdivision affects the need for an entity seeking to place a small
3.16wireless facility on a wireless support structure that is not owned by a local government
3.17unit to obtain from the owner of the wireless support structure any necessary authority to
3.18place the small wireless facility, nor shall any provision of this chapter be deemed to affect
3.19the rates, terms, and conditions for access to or placement of a small wireless facility or a
3.20wireless support structure not owned by a local government unit. This subdivision does not
3.21affect any existing agreement between a local government unit and an entity concerning
3.22the placement of small wireless facilities on local government unit-owned wireless support
3.23structures.
3.24 (f) No later than six months after May 31, 2017, or three months after receiving a small
3.25wireless facility permit application from a wireless service provider, a local government
3.26unit that has elected to set forth terms and conditions of collocation in a standard small
3.27wireless facility collocation agreement shall develop and make available an agreement that
3.28complies with the requirements of this section and section 237.162. A standard small wireless
3.29facility collocation agreement shall be substantially complete. Notwithstanding any law to
3.30the contrary, the parties to a small wireless facility collocation agreement may incorporate
3.31additional terms and conditions mutually agreed upon into a small wireless facility collocation
3.32agreement. A small wireless facility collocation agreement between a local government
3.33unit and a wireless service provider is considered public data not on individuals and is
3.34accessible to the public under section 13.03.
3Section 1.
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
4.2installation, placement, maintenance, or operation of a small wireless facility to provide
4.3wireless service and shall not be construed to confer authorization to (1) provide any service
4.4other than a wireless service, or (2) install, place, maintain, or operate a wireline backhaul
4.5facility in the right-of-way.
4.6 (h) The terms and conditions of collocation under this subdivision:
4.7 (1) may be set forth in a small wireless facility collocation agreement, if a local
4.8government unit elects to utilize such an agreement;
4.9 (2) must be nondiscriminatory, competitively neutral, and commercially reasonable; and
4.10 (3) must comply with this section and section 237.162.
4.11 EFFECTIVE DATE.This section is effective the day following final enactment.
4.12 Sec. 2. Minnesota Statutes 2024, section 237.163, subdivision 3b, is amended to read:
4.13 Subd. 3b.Small wireless facility permits; placement.(a) A local government unit may
4.14not require the placement of small wireless facilities on any specific wireless support structure
4.15other than the wireless support structure proposed in the permit application.
4.16 (b) A local government unit must not may limit the placement of small wireless facilities,
4.17either by minimum separation distances between small wireless facilities or maximum
4.18height limitations, except that each as follows:
4.19 (1) a wireless support structure installed in the right-of-way after May 31, 2017, shall
4.20not exceed 50 feet above ground level, unless the local government unit agrees to a greater
4.21height, subject to local zoning regulations,; and may be
4.22 (2) a wireless support structure is subject to separation and setback requirements in
4.23relation to under local zoning regulations governing residential dwellings, schools, day care
4.24facilities, buildings that house vulnerable populations, or other wireless support structures.
4.25If a local zoning regulation does not specify small wireless facility setback requirements,
4.26the setback and separation requirements are:
4.27 (i) for a setback from dwellings regardless of zone, small wireless facilities must not be
4.28within 300 feet of a lawful dwelling unit; and
4.29 (ii) for facility separation, a facility must not be located within 1,500 feet of another
4.30facility.
4Sec. 2.
25-02601 as introduced02/05/25 REVISOR RSI/VJ 5.1 (c) Notwithstanding paragraph (b), a wireless support structure that replaces an existing
5.2wireless support structure that is higher than 50 feet above ground level may be placed at
5.3the height of the existing wireless support structure, unless the local government unit agrees
5.4to a greater height, subject to local zoning regulations.
5.5 (d) Wireless facilities constructed in the right-of-way after May 31, 2017, may not extend
5.6more than ten feet above an existing wireless support structure in place as of May 31, 2017.
5.7 EFFECTIVE DATE.This section is effective the day following final enactment.
5Sec. 2.
25-02601 as introduced02/05/25 REVISOR RSI/VJ