Ind. Code § 8-1-32.3-17
This is the official text of Ind. Code § 8-1-32.3-17, part of Indiana’s Code — part of the compiled statutory law of Indiana, published by the state as "Code." Browse the sections below, each linked to its official government source.
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Discrimination among providers or utilities prohibited; limits on fall zone requirements; maximum height restrictions or minimum separation distance requirements prohibited
Official statutory text
Sec. 17. (a) A permit authority may not discriminate among communications service providers or public utilities with respect to the following:
(1) Approving applications, issuing permits, or otherwise establishing terms and conditions for construction of wireless or wireline communications facilities.
(2) Authorizing or approving tax incentives for wireless or wireline communications facilities.
(3) Providing access to rights-of-way, infrastructure, utility poles, river and bridge crossings, and other physical assets owned or controlled by the permit authority.
(b) A permit authority may not impose a fall zone requirement that:
(1) applies to a wireless support structure; and
(2) is larger than the area within which the wireless support structure is designed to collapse, as set forth in the applicant's engineering certification for the wireless support structure.
However, a permit authority may impose a fall zone requirement that is larger than the area described in subdivision (2) if the permit authority provides evidence that the applicant's engineering certification is flawed. The permit authority's evidence must include a study performed and certified by a professional engineer.
(c) Except as described in section 26(a) of this chapter with respect to small cell facilities, and subject to the restrictions under 14 CFR Part 77, 47 CFR Part 17, and IC 8-21-10, a permit authority may not impose:
(1) a restriction on the maximum height of a wireless support structure; or
(2) a requirement regarding minimum separation distances between wireless support structures.
As added by P.L.145-2015, SEC.3. Amended by P.L.177-2021, SEC.7.
(1) Approving applications, issuing permits, or otherwise establishing terms and conditions for construction of wireless or wireline communications facilities.
(2) Authorizing or approving tax incentives for wireless or wireline communications facilities.
(3) Providing access to rights-of-way, infrastructure, utility poles, river and bridge crossings, and other physical assets owned or controlled by the permit authority.
(b) A permit authority may not impose a fall zone requirement that:
(1) applies to a wireless support structure; and
(2) is larger than the area within which the wireless support structure is designed to collapse, as set forth in the applicant's engineering certification for the wireless support structure.
However, a permit authority may impose a fall zone requirement that is larger than the area described in subdivision (2) if the permit authority provides evidence that the applicant's engineering certification is flawed. The permit authority's evidence must include a study performed and certified by a professional engineer.
(c) Except as described in section 26(a) of this chapter with respect to small cell facilities, and subject to the restrictions under 14 CFR Part 77, 47 CFR Part 17, and IC 8-21-10, a permit authority may not impose:
(1) a restriction on the maximum height of a wireless support structure; or
(2) a requirement regarding minimum separation distances between wireless support structures.
As added by P.L.145-2015, SEC.3. Amended by P.L.177-2021, SEC.7.
Status: in_force · Read it on the official government site
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