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2021 Utah Code
Title 54 - Public Utilities
Chapter 21 - Small Wireless Facilities Deployment Act
Part 2 - Use of Right-of-way for Small Wireless Facilities and Utility Poles
Section 208 - Historic and design districts.
Universal Citation:
UT Code § 54-21-208 (2021)
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Effective 9/1/2018
54-21-208. Historic and design districts.
Enacted by Chapter 299, 2018 General Session
54-21-208. Historic and design districts.
- (1) Subject to the permit process described in Section 54-21-302, an authority may require a reasonable, technically feasible, nondiscriminatory, or technologically neutral design or concealment measure in an historic district, unless the facility is excluded from evaluation for effects on historic properties under 47 C.F.R. Sec. 1.1307(a)(4).
- (2) A design or concealment measure described in Subsection (1) may not:
- (a) have the effect of prohibiting a provider's technology; or
- (b) be considered a part of the small wireless facility for purposes of the size parameters in the definition of a small wireless facility.
- (3)
- (a) A wireless provider shall obtain advance approval from an authority before collocating a new small wireless facility or installing a new utility pole in an area that is zoned or otherwise designated as an historic district or a design district.
- (b) As a condition for approval of a new small wireless facility or a new utility pole in an historic district or a design district, an authority may require reasonable design or concealment measures for the new small wireless facility or the new utility pole.
- (4) A wireless provider shall comply with an authority's reasonable and nondiscriminatory design and aesthetic standards requiring the use of certain camouflage measures in connection with a new small wireless facility in an historic district or a design district, if the camouflage measures are technically and economically feasible consistent with this chapter.
- (5) This section does not limit an authority's ability to enforce historic preservation zoning regulations consistent with:
- (a) the preservation of local zoning authority under 47 U.S.C. Sec. 332(c)(7);
- (b) the requirements for facility modifications under:
- (i) 47 U.S.C. Sec. 1455(a); or
- (ii) the National Historic Preservation Act of 1966, 16 U.S.C. Sec. 470 et seq.;
- (c) the regulations adopted to implement the laws described in Subsections (5)(a) and (b); and
- (d) Section 10-9a-503.
Enacted by Chapter 299, 2018 General Session
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