{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-484.28.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-484.28.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-484.28.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-484.28.html"}],"law_id":75523,"edition_id":1,"section_id":75523,"structure_id":16627,"section_number":"56-484.28","catch_line":"Access to public rights-of-way operated and maintained by the Department for the installation and maintenance of small cell facilities on existing structures","history":"2017, c. 835.","full_text":"A\n\nUpon application by a wireless services provider or wireless infrastructure provider, the Department shall issue a districtwide permit, consistent with applicable regulations that do not conflict with this chapter, granting access to public rights-of-way that it operates and maintains to install and maintain small cell facilities on existing structures in the rights-of-way. The application shall include a copy of the agreement under which the applicant has permission from the owner of the structure to the co-location of equipment on that structure. If the application is received on or after September 1, 2017, (i) the Department shall issue the districtwide permit within 30 days after receipt of the application and (ii) the districtwide permit shall be deemed granted if not issued within 30 days after receipt of the complete application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the Department shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. A districtwide permit issued for the original installation shall allow the permittee to repair, replace, or perform routine maintenance operations to small cell facilities once installed.B\n\nThe Department may require a separate single use permit to allow a wireless services provider or wireless infrastructure provider to install and maintain small cell facilities on an existing structure when such activity requires (i) working within the highway travel lane or requiring closure of a highway travel lane; (ii) disturbing the pavement, shoulder, roadway, or ditch line; (iii) placement on limited access rights-of-way; or (iv) any specific precautions to ensure the safety of the traveling public or the protection of public infrastructure or the operation thereof. Upon application by a wireless services provider or wireless infrastructure provider, the Department may issue a single use permit granting access to install and maintain small cell facilities in such circumstances. If the application is received on or after September 1, 2017, (a) the Department shall approve or disapprove the application within 60 days after receipt of the application, which 60-day period may be extended by the Department in writing for a period not to exceed an additional 30 days and (b) the application shall be deemed approved if the Department fails to approve or disapprove the application within the initial 60 days and any extension thereof. Any disapproval of an application for a single use permit shall be in writing and accompanied by an explanation of the reasons for the disapproval.C\n\nThe Department shall not impose any fee for the use of the right-of-way on a wireless services provider or wireless infrastructure provider to attach or co-locate small cell facilities on an existing structure in the right-of-way. However, the Department may prescribe and charge a reasonable fee not to exceed $750 for processing an application for a districtwide permit or $150 for processing an application for a single use permit.D\n\nThe Department shall not impose any fee or require a permit for 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. However, the Department may require a single use permit if such activities (i) involve working within the highway travel lane or require closure of a highway travel lane; (ii) disturb the pavement, shoulder, roadway, or ditch line; (iii) include placement on limited access rights-of-way; or (iv) require any specific precautions to ensure the safety of the traveling public or the protection of public infrastructure or the operation thereof, and either were not authorized in or will be conducted in a time, place, or manner that is inconsistent with terms of the existing permit for that facility or the structure upon which it is attached.","order_by":null,"text":{"0":{"id":271065,"text":"Upon application by a wireless services provider or wireless infrastructure provider, the Department shall issue a districtwide permit, consistent with applicable regulations that do not conflict with this chapter, granting access to public rights-of-way that it operates and maintains to install and maintain small cell facilities on existing structures in the rights-of-way. The application shall include a copy of the agreement under which the applicant has permission from the owner of the structure to the co-location of equipment on that structure. If the application is received on or after September 1, 2017, (i) the Department shall issue the districtwide permit within 30 days after receipt of the application and (ii) the districtwide permit shall be deemed granted if not issued within 30 days after receipt of the complete application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the Department shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. A districtwide permit issued for the original installation shall allow the permittee to repair, replace, or perform routine maintenance operations to small cell facilities once installed.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":271066,"text":"The Department may require a separate single use permit to allow a wireless services provider or wireless infrastructure provider to install and maintain small cell facilities on an existing structure when such activity requires (i) working within the highway travel lane or requiring closure of a highway travel lane; (ii) disturbing the pavement, shoulder, roadway, or ditch line; (iii) placement on limited access rights-of-way; or (iv) any specific precautions to ensure the safety of the traveling public or the protection of public infrastructure or the operation thereof. Upon application by a wireless services provider or wireless infrastructure provider, the Department may issue a single use permit granting access to install and maintain small cell facilities in such circumstances. If the application is received on or after September 1, 2017, (a) the Department shall approve or disapprove the application within 60 days after receipt of the application, which 60-day period may be extended by the Department in writing for a period not to exceed an additional 30 days and (b) the application shall be deemed approved if the Department fails to approve or disapprove the application within the initial 60 days and any extension thereof. Any disapproval of an application for a single use permit shall be in writing and accompanied by an explanation of the reasons for the disapproval.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":271067,"text":"The Department shall not impose any fee for the use of the right-of-way on a wireless services provider or wireless infrastructure provider to attach or co-locate small cell facilities on an existing structure in the right-of-way. However, the Department may prescribe and charge a reasonable fee not to exceed $750 for processing an application for a districtwide permit or $150 for processing an application for a single use permit.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":271068,"text":"The Department shall not impose any fee or require a permit for 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. However, the Department may require a single use permit if such activities (i) involve working within the highway travel lane or require closure of a highway travel lane; (ii) disturb the pavement, shoulder, roadway, or ditch line; (iii) include placement on limited access rights-of-way; or (iv) require any specific precautions to ensure the safety of the traveling public or the protection of public infrastructure or the operation thereof, and either were not authorized in or will be conducted in a time, place, or manner that is inconsistent with terms of the existing permit for that facility or the structure upon which it is attached.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":16627,"edition_id":1,"name":"Wireless Communications Infrastructure","identifier":"15.1","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 04:28:20","date_modified":"2026-06-26 04:28:20","permalink":{"id":250095,"object_type":"structure","relational_id":16627,"identifier":"15.1","token":"56\/15.1","url":"\/56\/15.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12881,"edition_id":1,"name":"Public Service Companies","identifier":"56","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":248473,"object_type":"structure","relational_id":12881,"identifier":"56","token":"56","url":"\/56\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83543,"structure_id":16627,"section_number":"56-484.26","catch_line":"Definitions","url":"\/56-484.26\/","token":"56\/15.1\/56-484.26","metadata":false},{"id":76629,"structure_id":16627,"section_number":"56-484.27","catch_line":"Access to the public rights-of-way by wireless services providers and wireless infrastructure providers; generally","url":"\/56-484.27\/","token":"56\/15.1\/56-484.27","metadata":false},{"id":75523,"structure_id":16627,"section_number":"56-484.28","catch_line":"Access to public rights-of-way operated and maintained by the Department for the installation and maintenance of small cell facilities on existing structures","url":"\/56-484.28\/","token":"56\/15.1\/56-484.28","metadata":false},{"id":74990,"structure_id":16627,"section_number":"56-484.29","catch_line":"Access to locality rights-of-way for installation and maintenance of small cell facilities on existing structures","url":"\/56-484.29\/","token":"56\/15.1\/56-484.29","metadata":false},{"id":73037,"structure_id":16627,"section_number":"56-484.30","catch_line":"Agreements for use of public right-of-way to construct new wireless support structures; relocation of wireless support structures","url":"\/56-484.30\/","token":"56\/15.1\/56-484.30","metadata":false},{"id":85520,"structure_id":16627,"section_number":"56-484.31","catch_line":"Attachment of small cell facilities on government-owned structures","url":"\/56-484.31\/","token":"56\/15.1\/56-484.31","metadata":false},{"id":76949,"structure_id":16627,"section_number":"56-484.32","catch_line":"Wireless support structure public rights-of-way use fee","url":"\/56-484.32\/","token":"56\/15.1\/56-484.32","metadata":false}],"previous_section":{"id":76629,"structure_id":16627,"section_number":"56-484.27","catch_line":"Access to the public rights-of-way by wireless services providers and wireless infrastructure providers; generally","url":"\/56-484.27\/","token":"56\/15.1\/56-484.27","metadata":false},"next_section":{"id":74990,"structure_id":16627,"section_number":"56-484.29","catch_line":"Access to locality rights-of-way for installation and maintenance of small cell facilities on existing structures","url":"\/56-484.29\/","token":"56\/15.1\/56-484.29","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-484.28\/","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":false,"refers_to":false,"permalink":{"id":250105,"object_type":"law","relational_id":75523,"identifier":"56-484.28","token":"56\/15.1\/56-484.28","url":"\/56-484.28\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-484.28\/","token":"56\/15.1\/56-484.28","dublin_core":{"Title":"Access to public rights-of-way operated and maintained by the Department for the installation and maintenance of small cell facilities on existing structures","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-484.28","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon application by a wireless services provider<\/span> or wireless infrastructure provider<\/span>, the Department<\/span> shall issue<\/span> a districtwide permit<\/span>, consistent with applicable regulations that do not conflict with this chapter, granting access to public rights-of-way that it operates and maintains to install and maintain small cell facilities on existing structures<\/span> in the rights-of-way. The application shall include a copy of the agreement under which the applicant has permission from the owner of the structure to the co-location<\/span> of equipment on that structure. If the application is received on or after September 1, 2017, (i) the Department<\/span> shall issue<\/span> the districtwide permit<\/span> within 30 days after receipt of the application and (ii) the districtwide permit<\/span> shall be deemed granted if not issued within 30 days after receipt of the complete application. Within 10 days after receipt of an application and a valid electronic mail<\/span> address for the applicant, the Department<\/span> shall notify the applicant by electronic mail<\/span> whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. A districtwide permit<\/span> issued for the original installation shall allow the permittee to repair, replace, or perform routine maintenance operations to small cell facilities once installed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> may require a separate single use permit to allow a wireless services provider<\/span> or wireless infrastructure provider<\/span> to install and maintain small cell facilities on an existing structure<\/span> when such activity requires (i) working within the highway travel lane or requiring closure of a highway travel lane; (ii) disturbing the pavement, shoulder, roadway, or ditch line; (iii) placement on limited access rights-of-way; or (iv) any specific precautions to ensure the safety of the traveling public or the protection of public infrastructure or the operation thereof. Upon application by a wireless services provider<\/span> or wireless infrastructure provider<\/span>, the Department<\/span> may issue<\/span> a single use permit granting access to install and maintain small cell facilities in such circumstances. If the application is received on or after September 1, 2017, (a) the Department<\/span> shall approve or disapprove the application within 60 days after receipt of the application, which 60-day period may be extended by the Department<\/span> in writing for a period not to exceed an additional 30 days and (b) the application shall be deemed approved if the Department<\/span> fails to approve or disapprove the application within the initial 60 days and any extension thereof. Any disapproval of an application for a single use permit shall be in writing and accompanied by an explanation of the reasons for the disapproval. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span> shall not impose any fee for the use of the right-of-way on a wireless services provider<\/span> or wireless infrastructure provider<\/span> to attach or co-locate<\/span> small cell facilities on an existing structure<\/span> in the right-of-way. However, the Department<\/span> may prescribe and charge a reasonable fee not to exceed $750 for processing an application for a districtwide permit<\/span> or $150 for processing an application for a single use permit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> shall not impose any fee or require a permit for 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. However, the Department<\/span> may require a single use permit if such activities (i) involve working within the highway travel lane or require closure of a highway travel lane; (ii) disturb the pavement, shoulder, roadway, or ditch line; (iii) include placement on limited access rights-of-way; or (iv) require any specific precautions to ensure the safety of the traveling public or the protection of public infrastructure or the operation thereof, and either were not authorized in or will be conducted in a time, place, or manner that is inconsistent with terms of the existing permit for that facility or the structure upon which it is attached. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACCESS TO PUBLIC RIGHTS-OF-WAY OPERATED AND MAINTAINED BY THE DEPARTMENT FOR THE\nINSTALLATION AND MAINTENANCE OF SMALL CELL FACILITIES ON EXISTING STRUCTURES (\u00a7\n56-484.28)\n\nA. Upon application by a wireless services provider or wireless infrastructure\nprovider, the Department shall issue a districtwide permit, consistent with\napplicable regulations that do not conflict with this chapter, granting access\nto public rights-of-way that it operates and maintains to install and maintain\nsmall cell facilities on existing structures in the rights-of-way. The\napplication shall include a copy of the agreement under which the applicant has\npermission from the owner of the structure to the co-location of equipment on\nthat structure. If the application is received on or after September 1, 2017,\n(i) the Department shall issue the districtwide permit within 30 days after\nreceipt of the application and (ii) the districtwide permit shall be deemed\ngranted if not issued within 30 days after receipt of the complete application.\nWithin 10 days after receipt of an application and a valid electronic mail\naddress for the applicant, the Department shall notify the applicant by\nelectronic mail whether the application is incomplete and specify any missing\ninformation; otherwise, the application shall be deemed complete. A districtwide\npermit issued for the original installation shall allow the permittee to repair,\nreplace, or perform routine maintenance operations to small cell facilities once\ninstalled.\n\nB. The Department may require a separate single use permit to allow a wireless\nservices provider or wireless infrastructure provider to install and maintain\nsmall cell facilities on an existing structure when such activity requires (i)\nworking within the highway travel lane or requiring closure of a highway travel\nlane; (ii) disturbing the pavement, shoulder, roadway, or ditch line; (iii)\nplacement on limited access rights-of-way; or (iv) any specific precautions to\nensure the safety of the traveling public or the protection of public\ninfrastructure or the operation thereof. Upon application by a wireless services\nprovider or wireless infrastructure provider, the Department may issue a single\nuse permit granting access to install and maintain small cell facilities in such\ncircumstances. If the application is received on or after September 1, 2017, (a)\nthe Department shall approve or disapprove the application within 60 days after\nreceipt of the application, which 60-day period may be extended by the\nDepartment in writing for a period not to exceed an additional 30 days and (b)\nthe application shall be deemed approved if the Department fails to approve or\ndisapprove the application within the initial 60 days and any extension thereof.\nAny disapproval of an application for a single use permit shall be in writing\nand accompanied by an explanation of the reasons for the disapproval.\n\nC. The Department shall not impose any fee for the use of the right-of-way on a\nwireless services provider or wireless infrastructure provider to attach or\nco-locate small cell facilities on an existing structure in the right-of-way.\nHowever, the Department may prescribe and charge a reasonable fee not to exceed\n$750 for processing an application for a districtwide permit or $150 for\nprocessing an application for a single use permit.\n\nD. The Department shall not impose any fee or require a permit for the\ninstallation, placement, maintenance, or replacement of micro-wireless\nfacilities that are suspended on cables or lines that are strung between\nexisting utility poles in compliance with national safety codes. However, the\nDepartment may require a single use permit if such activities (i) involve\nworking within the highway travel lane or require closure of a highway travel\nlane; (ii) disturb the pavement, shoulder, roadway, or ditch line; (iii) include\nplacement on limited access rights-of-way; or (iv) require any specific\nprecautions to ensure the safety of the traveling public or the protection of\npublic infrastructure or the operation thereof, and either were not authorized\nin or will be conducted in a time, place, or manner that is inconsistent with\nterms of the existing permit for that facility or the structure upon which it is\nattached.\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}}