CORRESPONDENCE - PRESENTATION - Laserfiche WebLink

Home Browse Search

USA City Ordinances to Limit and Control Wireless Facilities Small Cells in Rights of Ways By Environment Health Trust - ehtrust.org Original Source: https://ehtrust.org/usa-city-ordinances-to-limit-and-control-wireless-facilities-small-cells-in- rights-of-ways/ LOCAL GOVERNMENT POLICIES & ORDINANCES TO REGULATE AND CONTROL WIRELESS FACILITIES SMALL CELLS From coast to coast local governments are taking action to protect their communities from the unfettered deployment of 4G and 5G "small cell" wireless facilities. Several cities are passing ordinances that strictly limit the buildout. Many policymakers as "What are other cities doing?" This page is a compilation of top examples of what cities are doing to protect their communities. For each city we provide a short synopsis along with a link to download the ordinance or policy. Scroll down to see the City and policy. Local ordinances note various purposes such as preserving visual character, protecting environmental resources, and protecting residents against adverse health effects. They take a variety of approaches, such as prohibiting small cells in certain areas, creating application and recertification fees and imposing aesthetic and administrative requirements. Some combine several of these approaches. Importantly, federal pre-emption has been exaggerated. Local governments do have authority to impose procedural requirements for example. Please consider these two useful documents that came out of the efforts in Montgomery County Maryland by the law office of Mark C. Del Bianco and which clarify what localities can and cannot do in terms of requirements for companies. Examples of areas addressed in these ordinances LOCATION • Prohibiting small cell installations in residential areas, certain streets, etc • Requiring installations to be a certain distance away from residences, schools, hospitals, and/or other installations • Specifying that installations must be relocated if/when they would interfere with a public project AESTHETICS / ENVIRONMENT • Aesthetic, design, and noise requirements such as colocation, camouflage, height and light limits, etc. ADMINISTRATIVE / LEGAL • Requiring that residents who will be within a certain distance of an installation be notified • Instating automatic time limits for permits • Requiring annual recertification fees • Requiring permittees to defend and indemnify the city from any liabilities arising from permits and the installation, operation and maintenance of small cell installations