SF 4728

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/08/2024 10:16am

A bill for an act
relating to telecommunications; allowing local units of government to impose a
time-limited moratorium on approval of applications for right-of-way and small
wireless facility permits; amending Minnesota Statutes 2022, section 237.163,
subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 237.163, subdivision 2, is amended to read:

Subd. 2.

Generally.

(a) Subject to this section, a telecommunications right-of-way user
authorized to do business under the laws of this state or by license of the Federal
Communications Commission may construct, maintain, and operate small wireless facilities,
conduit, cable, switches, and related appurtenances and facilities along, across, upon, above,
and under any public right-of-way.

(b) Subject to this section, a local government unit has the authority to manage its public
rights-of-way and to recover its rights-of-way management costs. Except as provided in
subdivisions 3a, 3b, and 3c, the authority defined in this section may be exercised at the
option of the local government unit and is not mandated under this section. A local
government unit may, by ordinance:

(1) require a telecommunications right-of-way user seeking to excavate or obstruct a
public right-of-way for the purpose of providing telecommunications services to obtain a
right-of-way permit to do so and to impose permit conditions consistent with the local
government unit's management of the right-of-way;

(2) require a telecommunications right-of-way user using, occupying, or seeking to use
or occupy a public right-of-way for the purpose of providing telecommunications services
to register with the local government unit by providing the local government unit with the
following information:

(i) the applicant's name, gopher state one-call registration number under section 216D.03,
address, and telephone and facsimile numbers;

(ii) the name, address, and telephone and facsimile numbers of the applicant's local
representative;

(iii) proof of adequate insurance; and

(iv) other information deemed reasonably necessary by the local government unit for
the efficient administration of the public right-of-way; and

(3) require telecommunications right-of-way users to submit to the local government
unit plans for construction and major maintenance that provide reasonable notice to the
local government unit of projects that the telecommunications right-of-way user expects to
undertake that may require excavation and obstruction of public rights-of-way.

(c) A local government unit may also require a telecommunications right-of-way user
that is registered with the local government unit pursuant to paragraph (b), clause (2), to
periodically update the information in its registration application.

deleted text begin (d) Notwithstanding sections 394.34 and 462.355, or any other law, a local government
unit must not establish a moratorium with respect to:
deleted text end

deleted text begin (1) filing, receiving, or processing applications for right-of-way or small wireless facility
permits; or
deleted text end

deleted text begin (2) issuing or approving right-of-way or small wireless facility permits.
deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end A telecommunications right-of-way user may place a new wireless support
structure or collocate small wireless facilities on wireless support structures located within
a public right-of-way, subject to the approval procedures under this section and, for
collocation on wireless support structures owned by a local government unit, the reasonable
terms, conditions, and rates set forth under this section. A local government unit may prohibit,
regulate, or charge a fee to install wireless support structures or to collocate small wireless
facilities only as provided in this section.

deleted text begin (f) deleted text end new text begin (e) new text end The placement of small wireless facilities and wireless support structures to
accommodate small wireless facilities are a permitted use in a public right-of-way, except
that a local government unit may require a person to obtain a special or conditional land
use permit to install a new wireless support structure for the siting of a small wireless facility
in a right-of-way in a district or area zoned for single-family residential use or within a
historic district established by federal or state law or city ordinance as of the date of
application for a small wireless facility permit. This paragraph does not apply to areas
outside a public right-of-way that are zoned and used exclusively for single-family residential
use.

Sec. 2. new text begin AUTHORITY FOR LOCAL UNITS OF GOVERNMENT TO IMPOSE A
MORATORIUM.
new text end

new text begin A local unit of government may impose a moratorium, not to exceed 12 months, on the
final approval of applications for right-of-way and small wireless facility permits, obstruction
permits, and utility construction permits under Minnesota Statutes, section 237.163, in order
to create and pass land use and zoning ordinances related to placing, constructing, and
modifying 5G and small wireless facilities in a manner that preserves visual character,
protects environmental resources, and protects residents against adverse health effects.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to applications for right-of-way or small wireless facility permits filed or received
after that date.
new text end