{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2316.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2316.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2316.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2316.4.html"}],"law_id":54520,"edition_id":1,"section_id":54520,"structure_id":13557,"section_number":"15.2-2316.4","catch_line":"Zoning; small cell facilities","history":"2017, c. 835.","full_text":"A\n\nA locality shall not require that a special exception, special use permit, or variance be obtained for any small cell facility installed by a wireless services provider or wireless infrastructure provider on an existing structure, provided that the wireless services provider or wireless infrastructure provider (i) has permission from the owner of the structure to co-locate equipment on that structure and (ii) notifies the locality in which the permitting process occurs.B\n\nLocalities may require administrative review for the issuance of any required zoning permits for the installation of a small cell facility by a wireless services provider or wireless infrastructure provider on an existing structure. Localities shall permit an applicant to submit up to 35 permit requests on a single application. In addition:1\n\nA locality shall approve or disapprove the application within 60 days of receipt of the complete application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the locality shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval. The 60-day period may be extended by the locality in writing for a period not to exceed an additional 30 days. The application shall be deemed approved if the locality fails to act within the initial 60 days or an extended 30-day period.2\n\nA locality may prescribe and charge a reasonable fee for processing the application not to exceed:\n\t\t\t\ta. $100 each for up to five small cell facilities on a permit application; and\n\t\t\t\tb. $50 for each additional small cell facility on a permit application.3\n\nApproval for a permit shall not be unreasonably conditioned, withheld, or delayed.4\n\nThe locality may disapprove a proposed location or installation of a small cell facility only for the following reasons:\n\t\t\t\ta. Material potential interference with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities;\n\t\t\t\tb. The public safety or other critical public service needs;\n\t\t\t\tc. Only in the case of an installation on or in publicly owned or publicly controlled property, excluding privately owned structures where the applicant has an agreement for attachment to the structure, aesthetic impact or the absence of all required approvals from all departments, authorities, and agencies with jurisdiction over such property; or\n\t\t\t\td. Conflict with an applicable local ordinance adopted pursuant to § 15.2-2306, or pursuant to local charter on a historic property that is not eligible for the review process established under 54 U.S.C. § 306108.5\n\nNothing shall prohibit an applicant from voluntarily submitting, and the locality from accepting, any conditions that otherwise address potential visual or aesthetic effects resulting from the placement of small cell facilities.6\n\nNothing in this section shall preclude a locality from adopting reasonable rules with respect to the removal of abandoned wireless support structures or wireless facilities.C\n\nNotwithstanding anything to the contrary in this section, the installation, placement, maintenance, or replacement of micro-wireless facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes shall be exempt from locality-imposed permitting requirements and fees.","order_by":null,"text":{"0":{"id":200193,"text":"A locality shall not require that a special exception, special use permit, or variance be obtained for any small cell facility installed by a wireless services provider or wireless infrastructure provider on an existing structure, provided that the wireless services provider or wireless infrastructure provider (i) has permission from the owner of the structure to co-locate equipment on that structure and (ii) notifies the locality in which the permitting process occurs.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":200194,"text":"Localities may require administrative review for the issuance of any required zoning permits for the installation of a small cell facility by a wireless services provider or wireless infrastructure provider on an existing structure. Localities shall permit an applicant to submit up to 35 permit requests on a single application. In addition:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":200195,"text":"A locality shall approve or disapprove the application within 60 days of receipt of the complete application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the locality shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval. The 60-day period may be extended by the locality in writing for a period not to exceed an additional 30 days. The application shall be deemed approved if the locality fails to act within the initial 60 days or an extended 30-day period.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":200196,"text":"A locality may prescribe and charge a reasonable fee for processing the application not to exceed:\n\t\t\t\ta. $100 each for up to five small cell facilities on a permit application; and\n\t\t\t\tb. $50 for each additional small cell facility on a permit application.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":200197,"text":"Approval for a permit shall not be unreasonably conditioned, withheld, or delayed.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":200198,"text":"The locality may disapprove a proposed location or installation of a small cell facility only for the following reasons:\n\t\t\t\ta. Material potential interference with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities;\n\t\t\t\tb. The public safety or other critical public service needs;\n\t\t\t\tc. Only in the case of an installation on or in publicly owned or publicly controlled property, excluding privately owned structures where the applicant has an agreement for attachment to the structure, aesthetic impact or the absence of all required approvals from all departments, authorities, and agencies with jurisdiction over such property; or\n\t\t\t\td. Conflict with an applicable local ordinance adopted pursuant to § 15.2-2306, or pursuant to local charter on a historic property that is not eligible for the review process established under 54 U.S.C. § 306108.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":200199,"text":"Nothing shall prohibit an applicant from voluntarily submitting, and the locality from accepting, any conditions that otherwise address potential visual or aesthetic effects resulting from the placement of small cell facilities.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":200200,"text":"Nothing in this section shall preclude a locality from adopting reasonable rules with respect to the removal of abandoned wireless support structures or wireless facilities.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"8":{"id":200201,"text":"Notwithstanding anything to the contrary in this section, the installation, placement, maintenance, or replacement of micro-wireless facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes shall be exempt from locality-imposed permitting requirements and fees.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6"}},"ancestry":[{"id":13557,"edition_id":1,"name":"Zoning for Wireless Communications Infrastructure","identifier":"7.2","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:45:13","date_modified":"2026-06-26 03:45:13","permalink":{"id":155489,"object_type":"structure","relational_id":13557,"identifier":"7.2","token":"15.2\/II\/22\/7.2","url":"\/15.2\/II\/22\/7.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60016,"structure_id":13557,"section_number":"15.2-2316.3","catch_line":"Definitions","url":"\/15.2-2316.3\/","token":"15.2\/II\/22\/7.2\/15.2-2316.3","metadata":false},{"id":54520,"structure_id":13557,"section_number":"15.2-2316.4","catch_line":"Zoning; small cell facilities","url":"\/15.2-2316.4\/","token":"15.2\/II\/22\/7.2\/15.2-2316.4","metadata":false},{"id":59194,"structure_id":13557,"section_number":"15.2-2316.4:1","catch_line":"Zoning; other wireless facilities and wireless support structures","url":"\/15.2-2316.4_1\/","token":"15.2\/II\/22\/7.2\/15.2-2316.4_1","metadata":false},{"id":79533,"structure_id":13557,"section_number":"15.2-2316.4:2","catch_line":"Application reviews","url":"\/15.2-2316.4_2\/","token":"15.2\/II\/22\/7.2\/15.2-2316.4_2","metadata":false},{"id":66633,"structure_id":13557,"section_number":"15.2-2316.4:3","catch_line":"Additional provisions","url":"\/15.2-2316.4_3\/","token":"15.2\/II\/22\/7.2\/15.2-2316.4_3","metadata":false},{"id":55768,"structure_id":13557,"section_number":"15.2-2316.5","catch_line":"Moratorium prohibited","url":"\/15.2-2316.5\/","token":"15.2\/II\/22\/7.2\/15.2-2316.5","metadata":false}],"previous_section":{"id":60016,"structure_id":13557,"section_number":"15.2-2316.3","catch_line":"Definitions","url":"\/15.2-2316.3\/","token":"15.2\/II\/22\/7.2\/15.2-2316.3","metadata":false},"next_section":{"id":59194,"structure_id":13557,"section_number":"15.2-2316.4:1","catch_line":"Zoning; other wireless facilities and wireless support structures","url":"\/15.2-2316.4_1\/","token":"15.2\/II\/22\/7.2\/15.2-2316.4_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2316.4\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapter 835<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":60016,"section_number":"15.2-2316.3","catch_line":"Definitions","order_by":null,"url":"\/15.2-2316.3\/"}],"refers_to":[{"id":73526,"section_number":"15.2-2306","catch_line":"Preservation of historical sites and architectural areas; civil penalty","order_by":null,"url":"\/15.2-2306\/"}],"permalink":{"id":155495,"object_type":"law","relational_id":54520,"identifier":"15.2-2316.4","token":"15.2\/II\/22\/7.2\/15.2-2316.4","url":"\/15.2-2316.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2316.4\/","token":"15.2\/II\/22\/7.2\/15.2-2316.4","dublin_core":{"Title":"Zoning; small cell facilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2316.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A locality<\/span> shall not require that a special exception<\/span>, special use permit, or variance be obtained for any small cell facility<\/span> installed by a wireless services provider<\/span> or wireless infrastructure provider<\/span> on an existing structure<\/span>, provided that the wireless services provider<\/span> or wireless infrastructure provider<\/span> (i) has permission from the owner of the structure to co-locate<\/span> equipment on that structure and (ii) notifies the locality<\/span> in which the permitting process occurs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Localities may require administrative review for the issuance of any required zoning<\/span> permits for the installation of a small cell facility<\/span> by a wireless services provider<\/span> or wireless infrastructure provider<\/span> on an existing structure<\/span>. Localities shall permit an applicant to submit up to 35 permit requests on a single application. In addition: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A locality<\/span> shall approve or disapprove the application within 60 days of receipt of the complete application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the locality<\/span> shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval. The 60-day period may be extended by the locality<\/span> in writing for a period not to exceed an additional 30 days. The application shall be deemed approved if the locality<\/span> fails to act within the initial 60 days or an extended 30-day period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A locality<\/span> may prescribe and charge a reasonable fee for processing the application not to exceed:\n\t\t\t\ta. $100 each for up to five small cell facilities on a permit application; and\n\t\t\t\tb. $50 for each additional small cell facility<\/span> on a permit application. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Approval for a permit shall not be unreasonably conditioned, withheld, or delayed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The locality<\/span> may disapprove a proposed location or installation of a small cell facility<\/span> only for the following reasons:\n\t\t\t\ta. Material<\/span> potential interference with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities;\n\t\t\t\tb. The public safety or other critical public service needs;\n\t\t\t\tc. Only in the case of an installation on or in publicly owned or publicly controlled property, excluding privately owned structures where the applicant has an agreement for attachment<\/span> to the structure, aesthetic impact or the absence of all required approvals from all departments<\/span>, authorities, and agencies with jurisdiction<\/span> over such property; or\n\t\t\t\td. Conflict with an applicable local ordinance<\/span> adopted pursuant to § 15.2-2306<\/a>, or pursuant to local charter on a historic property that is not eligible for the review process established under 54 U.S.C. § 306108. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Nothing shall prohibit an applicant from voluntarily submitting, and the locality<\/span> from accepting, any conditions that otherwise address potential visual or aesthetic effects resulting from the placement of small cell facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Nothing in this section shall preclude a locality<\/span> from adopting reasonable rules with respect to the removal of abandoned wireless support structures<\/span> or wireless facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding anything to the contrary in this section, the installation, placement, maintenance, or replacement of micro-wireless facilities that are suspended on cables or lines that are strung between existing utility poles<\/span> in compliance with national safety codes shall be exempt from locality<\/span>-imposed permitting requirements and fees. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nZONING; SMALL CELL FACILITIES (\u00a7 15.2-2316.4)\n\nA. A locality shall not require that a special exception, special use permit, or\nvariance be obtained for any small cell facility installed by a wireless\nservices provider or wireless infrastructure provider on an existing structure,\nprovided that the wireless services provider or wireless infrastructure provider\n(i) has permission from the owner of the structure to co-locate equipment on\nthat structure and (ii) notifies the locality in which the permitting process\noccurs.\n\nB. Localities may require administrative review for the issuance of any required\nzoning permits for the installation of a small cell facility by a wireless\nservices provider or wireless infrastructure provider on an existing structure.\nLocalities shall permit an applicant to submit up to 35 permit requests on a\nsingle application. In addition:\n\n 1. A locality shall approve or disapprove the application within 60 days of\n receipt of the complete application. Within 10 days after receipt of an\n application and a valid electronic mail address for the applicant, the\n locality shall notify the applicant by electronic mail whether the application\n is incomplete and specify any missing information; otherwise, the application\n shall be deemed complete. Any disapproval of the application shall be in\n writing and accompanied by an explanation for the disapproval. The 60-day\n period may be extended by the locality in writing for a period not to exceed\n an additional 30 days. The application shall be deemed approved if the\n locality fails to act within the initial 60 days or an extended 30-day period.\n\n 2. A locality may prescribe and charge a reasonable fee for processing the\n application not to exceed:\n \t\t\t\ta. $100 each for up to five small cell facilities on a permit application;\n and\n \t\t\t\tb. $50 for each additional small cell facility on a permit application.\n\n 3. Approval for a permit shall not be unreasonably conditioned, withheld, or\n delayed.\n\n 4. The locality may disapprove a proposed location or installation of a small\n cell facility only for the following reasons:\n \t\t\t\ta. Material potential interference with other pre-existing communications\n facilities or with future communications facilities that have already been\n designed and planned for a specific location or that have been reserved for\n future public safety communications facilities;\n \t\t\t\tb. The public safety or other critical public service needs;\n \t\t\t\tc. Only in the case of an installation on or in publicly owned or publicly\n controlled property, excluding privately owned structures where the applicant\n has an agreement for attachment to the structure, aesthetic impact or the\n absence of all required approvals from all departments, authorities, and\n agencies with jurisdiction over such property; or\n \t\t\t\td. Conflict with an applicable local ordinance adopted pursuant to §\n 15.2-2306, or pursuant to local charter on a historic property that is not\n eligible for the review process established under 54 U.S.C. § 306108.\n\n 5. Nothing shall prohibit an applicant from voluntarily submitting, and the\n locality from accepting, any conditions that otherwise address potential\n visual or aesthetic effects resulting from the placement of small cell\n facilities.\n\n 6. Nothing in this section shall preclude a locality from adopting reasonable\n rules with respect to the removal of abandoned wireless support structures or\n wireless facilities.\n\nC. Notwithstanding anything to the contrary in this section, the installation,\nplacement, maintenance, or replacement of micro-wireless facilities that are\nsuspended on cables or lines that are strung between existing utility poles in\ncompliance with national safety codes shall be exempt from locality-imposed\npermitting requirements and fees.\n\nHISTORY: 2017, c. 835.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}