US Lawyer Database

§ 29-27-401. Legislative Declaration

The general assembly finds and declares that: The permitting, construction, modification, maintenance, and operation of broadband facilities are critical to ensuring that all citizens in the state have true access to advanced technology and information; These facilities are critical to ensuring that businesses and schools throughout the state remain competitive in the global economy; and […]

§ 29-25-117. Department of Transportation and Local Jurisdiction Unimpaired

Nothing in this article shall affect or impair the control and jurisdiction that the department of transportation has over streets and highways that are part of the state highway system or that a county, city and county, or municipality has over all property within its boundaries. All powers granted by this article shall be subject […]

§ 29-27-402. Definitions

As used in this part 4, unless the context otherwise requires: “Antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals used to provide wireless service. (1.5) “Broadband facility” means any infrastructure used to deliver broadband service or for the provision of broadband service. “Broadband service” has the same meaning as set forth […]

§ 29-25-118. Method Not Exclusive

Nothing in this article shall repeal or affect any other law or any part thereof, it being intended that this article shall provide a separate method of accomplishing its objectives and not an exclusive one. Source: L. 98: Entire article added, p. 1092, § 1, effective September 1.

§ 29-27-403. Permit – Approval – Deadline – Exception

A local government may take up to: Ninety days to process a complete application for: Location or collocation of a small cell facility or a small cell network; or Replacement or modification of a small cell facility or facilities or small cell network. Ninety days to process a complete application that involves a collocation of […]

§ 29-26-101. Legislative Declaration

The general assembly hereby finds and declares that: It is in the public interest to maintain a diverse housing stock in order to preserve some diversity of housing opportunities for the state’s residents and people of low- and moderate-income. A housing shortage for persons of low- and moderate-income is detrimental to the public health, safety, […]

§ 29-27-404. Permit Process

For small cell networks involving multiple individual small cell facilities within the jurisdiction of a single local government entity, the local government entity shall allow the applicant, at the applicant’s discretion, to file a consolidated application and receive a single permit for the small cell network instead of filing separate applications for each individual small […]

§ 29-25-104. Authority of Governing Body

The governing body of each local government is hereby vested with jurisdiction to create and establish one or more districts pursuant to the provisions of this article, and such districts shall have all the powers provided in this article that are authorized by the ordinance, resolution, or contract creating the district, or any amendment thereto. […]

§ 29-25-105. Organization and Creation – Notice of Hearing

The organization of a district shall be initiated by a petition filed in the office of the clerk of the governing body. If such petition is to initiate the organization of a district by a combination, such petition shall be filed in the office of the clerk of each governing body to be included in […]

§ 29-25-106. Hearing – Findings – When Action Barred

On the date fixed for any hearing or at any adjournment thereof, the governing body or governing bodies of each member of the combination shall ascertain, from the tax rolls of where the district is located, the total valuation for assessment of the taxable real and personal property in the service area. If it appears […]