§ 8-1-32.3-15 — Permits; exemptions; areas designated for underground or buried utilities; notice of permit applications; neighborhood specific guidelines; historic preservation districts and areas; identification of owner of small cell facility and supporting structure; areas designated for underground or buried utilities after April 14, 2017, and before May 2, 2017

Indiana § 8-1-32.3-15

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 32.3: Permits for Wireless Service Providers

Text

(a) This chapter applies to permits issued by
a permit authority to a communications service provider, under local
law and consistent with IC 36-7, for the following:
(1) Construction of a new wireless support structure.
(2) Substantial modification of a wireless support structure.
(3) Collocation of wireless facilities on an existing structure.
(4) Construction, placement, and use of small cell facilities.
(b) A permit authority may not require an application or a permit
for, or charge fees for, any of the following:
(1) The routine maintenance of wireless facilities.
(2) The replacement of wireless facilities with wireless facilities
that are:
(A) substantially similar to; or
(B) the same size or smaller than;
the wireless facilities being replaced.
(3) The installation, placement, maintenance, or replacement of
micro wireless facilities that are suspended on cables strung
between existing utility poles in compliance with applicable codes
by a communications service provider that is authorized to use the
public rights-of-way. For purposes of this subdivision, "applicable
codes" means uniform building, fire, electrical, plumbing, or
mechanical codes that are:
(A) adopted by a recognized national code organization; and
(B) enacted solely to address imminent threats of destruction of
property or injury to persons;
including any local amendments to those codes.
(c) With respect to the construction, placement, or use of a small
cell facility and the associated supporting structure, a permit authority
may prohibit the placement of a new utility pole or a new wireless
support structure in a right-of-way within an area that is designated
strictly for underground or buried utilities, if all of the following apply:
(1) The area is designated strictly for underground or buried
utilities before May 1, 2017.
(2) No above ground:
(A) wireless support structure;
(B) utility pole; or
(C) other utility superstructure;
other than light poles or small cell facilities approved as part of a
waiver process described in subdivision (3)(C), exists in the area.
(3) The permit authority does all of the following:
(A) Allows the collocation of small cell facilities on existing:
(i) utility poles;
(ii) light poles; and
(iii) wireless support structures;
as a permitted use within the area.
(B) Allows the replacement or improvement of existing:
(i) utility poles;
(ii) light poles; and
(iii) wireless support structures;
as a permitted use within the area.
(C) Provides:
(i) a waiver;
(ii) a zoning process; or
(iii) another procedure;
that addresses requests to install new utility poles or new
wireless support structures within the area.
(D) Upon receipt of an application for the construction,
placement, or use of a small cell facility on one (1) or more new
utility poles or one (1) or more new wireless support structures
in an area that is designated strictly for underground or buried
utilities, posts notice of the application on the permit authority's
website, if the permit authority maintains a website. The notice
of the application required by this clause must include a
statement indicating that the application is available to the
public upon request.
(4) The prohibition or other restrictions with respect to the
placement of new utility poles or new wireless support structures
within the area are applied in a nondiscriminatory manner.
(5) The area is zoned strictly for residential land use before May
1, 2017.
(d) With respect to applications for the placement of one (1) or more
small cell facilities in an area that is zoned strictly for residential land
use, and that is designated strictly for underground or buried utilities,
a permit authority shall allow a neighborhood association or a
homeowners association to register with the permit authority to:
(1) receive notice; and
(2) request that homeowners within the jurisdiction of the
neighborhood association or homeowners association receive
notice;
by United States mail or by electronic mail of any application filed with
the permit authority for a permitted use described in subsection
(c)(3)(A) or (c)(3)(B) or for the construction, placement, or use of a
small cell facility on one (1) or more new utility poles or one (1) or
more new wireless support structures in an area that is designated
strictly for underground or buried utilities and that is within the
jurisdiction of the neighborhood association or homeowners
association. If the permit authority maintains a website, the permit
authority shall post on the permit authority's website instructions for
how a neighborhood association or homeowners association may
register to receive notice under this subsection. A permit authority that
receives a request under subdivision (2) may agree to provide notice to
homeowners regarding a project for which applications described in
this subsection have been filed with the permit authority, but not
provide notice to homeowners regarding each permit application filed
with the permit authority with respect to the project. A permit authority
that receives a request under subdivision (2) may agree to provide
notice only to certain homeowners. A permit authority may require a
neighborhood association, homeowners association, or homeowner to
pay the cost of postage associated with the mailed provision of notice
to the neighborhood association, homeowners association, or
homeowner under this subsection. A permit authority that chooses to
provide mailed notice under this subsection at its own cost may choose
to pass those costs along to a permit applicant. Any mailing costs
passed through to an applicant under this subsection are not in addition
to the application fee, and shall not increase the application fee beyond
the limit set forth in section 26(a)(3) of this chapter. A permit authority
may not pass through to an applicant any costs for notices provided
electronically.
(e) This subsection does not apply to an application for a permitted
use described in subsection (c)(3)(A) or (c)(3)(B). With respect to an
area that is designated strictly for underground or buried utilities in
accordance with subsection (c), to establish the standards that will
apply in a waiver, zoning process, or other procedure described in
subsection (c)(3)(C), a permit authority may collaborate with a
neighborhood association or a homeowners association on the preferred
location and reasonable aesthetics of new utility poles or new wireless
support structures added within the jurisdiction of the neighborhood
association or homeowners association. For purposes of this
subsection, a permit authority is considered to have collaborated with
a neighborhood association or a homeowners association if the permit
authority adopts neighborhood specific guidelines after providing
notice and allowing public comment on the proposed guidelines. A
permit authority must comply with any guidelines adopted under this
subsection with respect to a particular application for a permit if:
(1) the guidelines have been adopted and published before the
filing of the application in a manner consistent with this
subsection;
(2) subject to subsection (f), compliance with the guidelines is
technically feasible and cost-efficient, as determined by the
applicant; and
(3) compliance with the guidelines does not result in a prohibition
of the applicant's service or an effective prohibition of the
applicant's service.
A permit authority that elects not to collaborate with a neighborhood
association or a homeowners association to adopt neighborhood
specific guidelines under this subsection is not precluded from using
the waiver, zoning process, or other procedure described in subsection
(c)(3)(C) with respect to any application to place one (1) or more new
utility poles or new wireless support structures within the jurisdiction
of the neighborhood association or homeowners association.
(f) In demonstrating that compliance with guidelines adopted by a
permit authority under subsection (e) is not technically feasible under
subsection (e)(2), a permit applicant may not be required to submit
information about the need for a small cell facility or the associated
wireless support structure, including:
(1) information about additional wireless coverage or capacity, or
increased wireless speeds;
(2) propagation maps or telecommunications traffic studies; or
(3) information about the permit applicant's business decisions
with respect to:
(A) service;
(B) customer demand; or
(C) quality of service;
to or from a particular area or site.
(g) Subject to section 26(b) of this chapter, with respect to the
construction, placement, or use of a small cell facility and the
associated supporting structure within an area:
(1) designated as a historic preservation district under IC 36-7-11;
(2) designated as a historic preservation area under IC 36-7-11.1;
or
(3) that is subject to the jurisdiction of the Meridian Street
preservation commission under IC 36-7-11.2;
a permit authority may apply any generally applicable procedures that
require applicants to obtain a certificate of appropriateness.
(h) An applicant for the placement of a small cell facility and an
associated supporting structure shall comply with applicable:
(1) Federal Communications Commission requirements; and
(2) industry standards;
for identifying the owner's name and contact information.
(i) A resolution, ordinance, or other regulation:
(1) adopted by a permit authority after April 14, 2017, and before
May 2, 2017; and
(2) that designates an area within the jurisdiction of the permit
authority as strictly for underground or buried utilities;
applies only to communications service providers and those geographic
areas that are zoned residential and where all existing utility
infrastructure is already buried.
(j) Nothing in this section extends the time periods set forth in
section 20 of this chapter.

Legislative History

As added by P.L.145-2015, SEC.3. Amended by P.L.261-2017, SEC.8; P.L.23-2018, SEC.1; P.L.177-2021, SEC.6; P.L.9-2022, SEC.14; P.L.1-2025, SEC.122.