§ 54-21-303 — Exceptions to permitting.

Utah § 54-21-303

• Jurisdiction: Utah
• Title 54: Public Utilities
• Ch. 54-21: Small Wireless Facilities Deployment Act
• Part 54-21-3: Permitting Process for Small Wireless Facilities

Text

(1) Except as provided in Subsection (2), an authority may not require a wireless provider to submit an application, obtain a permit, or pay a rate for:

(1)(a) routine maintenance;
(1)(b) the replacement of a small wireless facility with a small wireless facility that is substantially similar or smaller in size; or
(1)(c) the installation, placement, maintenance, operation, or replacement of a micro wireless facility that is strung on a cable between existing utility poles, in compliance with the National Electrical Safety Code.
(2) (2)(a) An authority may require a wireless provider to obtain a permit in accordance with Section 72-7-102 for work that requires excavation or closing of sidewalks or vehicular lanes in a public right-of-way.
(2)(b) If an authority requires a permit under Subsection (2)(a), the authority shall process and approve the permit within the same time period the authority processes and approves a permit for all other types of entities.
(3) (3)(a) An authority may require advance notice of an activity described in Subsection (1).
(3)(b) A wireless provider may replace or upgrade a utility pole only with the approval of the utility pole's owner.

Legislative History

Enacted by Chapter 299, 2018 General Session