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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>60016</law_id><section_number>15.2-2316.3</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Powers of Local Government</unit><unit label="chapter" level="3" order_by="1" identifier="22">Planning, Subdivision of Land and Zoning</unit><unit label="article" level="4" order_by="1" identifier="7.2">Zoning for Wireless Communications Infrastructure</unit></structure><text>
						<section><p>As used in this article, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Administrative review-eligible project</span>&#x201D; means a project that provides for:</p></section>
						<section id="1"><p><span class="prefix-number">1.</span> The installation or construction of a <span class="dictionary">new structure</span> that is not more than 50 feet above ground level, provided that the structure with attached wireless facilities is (i) not more than 10 feet above the tallest existing <span class="dictionary">utility pole</span> located within 500 feet of the <span class="dictionary">new structure</span> within the same public right-of-way or within the existing line of <span class="dictionary">utility poles</span>; (ii) not located within the boundaries of a local, state, or federal historic district; (iii) not located inside the jurisdictional boundaries of a <span class="dictionary">locality</span> having expended a total amount equal to or greater than 35 percent of its general fund operating revenue, as shown in the most recent comprehensive annual financial report, on undergrounding <span class="dictionary">projects</span> since 1980; and (iv) designed to support small cell facilities; or <a id="paragraph-219702" class="section-permalink" href="https://vacode.org/15.2-2316.3/#1"><i class="fa fa-link"/></a></p></section>
						<section id="2"><p><span class="prefix-number">2.</span> The <span class="dictionary">co-location</span> on any <span class="dictionary">existing structure</span> of a <span class="dictionary">wireless facility</span> that is not a <span class="dictionary">small cell facility</span>.
			&#x201C;<span class="dictionary">Antenna</span>&#x201D; means communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.
			&#x201C;<span class="dictionary">Base station</span>&#x201D; means a station that includes a structure that currently supports or houses an <span class="dictionary">antenna</span>, transceiver, coaxial cables, power cables, or other associated equipment at a specific site that is authorized to communicate with mobile stations, generally consisting of radio transceivers, <span class="dictionary">antennas</span>, coaxial cables, power supplies, and other associated electronics.
			&#x201C;<span class="dictionary">Co-locate</span>&#x201D; means to install, mount, maintain, modify, operate, or replace a <span class="dictionary">wireless facility</span> on, under, within, or adjacent to a <span class="dictionary">base station</span>, building, <span class="dictionary">existing structure</span>, <span class="dictionary">utility pole</span>, or <span class="dictionary">wireless support structure</span>. &#x201C;<span class="dictionary">Co-location</span>&#x201D; has a corresponding meaning.
			&#x201C;<span class="dictionary">Department</span>&#x201D; means the <span class="dictionary">Department</span> of Transportation.
			&#x201C;<span class="dictionary">Existing structure</span>&#x201D; means any structure that is installed or approved for installation at the time a <span class="dictionary">wireless services provider</span> or <span class="dictionary">wireless infrastructure provider</span> provides notice to a <span class="dictionary">locality</span> or the <span class="dictionary">Department</span> of an agreement with the owner of the structure to <span class="dictionary">co-locate</span> equipment on that structure. &#x201C;<span class="dictionary">Existing structure</span>&#x201D; includes any structure that is currently supporting, designed to support, or capable of supporting the <span class="dictionary">attachment</span> of wireless facilities, including towers, buildings, <span class="dictionary">utility poles</span>, light poles, flag poles, signs, and <span class="dictionary">water towers</span>.
			&#x201C;<span class="dictionary">Micro-<span class="dictionary">wireless facility</span></span>&#x201D; means a <span class="dictionary">small cell facility</span> that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior <span class="dictionary">antenna</span>, if any, not longer than 11 inches.
			&#x201C;<span class="dictionary">New structure</span>&#x201D; means a <span class="dictionary">wireless support structure</span> that has not been installed or constructed, or approved for installation or construction, at the time a <span class="dictionary">wireless services provider</span> or <span class="dictionary">wireless infrastructure provider</span> applies to a <span class="dictionary">locality</span> for any required <span class="dictionary">zoning</span> approval.
			&#x201C;Project&#x201D; means (i) the installation or construction by a <span class="dictionary">wireless services provider</span> or <span class="dictionary">wireless infrastructure provider</span> of a <span class="dictionary">new structure</span> or (ii) the <span class="dictionary">co-location</span> on any <span class="dictionary">existing structure</span> of a <span class="dictionary">wireless facility</span> that is not a <span class="dictionary">small cell facility</span>. &#x201C;Project&#x201D; does not include the installation of a <span class="dictionary">small cell facility</span> by a <span class="dictionary">wireless services provider</span> or <span class="dictionary">wireless infrastructure provider</span> on an <span class="dictionary">existing structure</span> to which the provisions of &#xA7; <a class="law" title="Zoning; small cell facilities" href="/15.2-2316.4/">15.2-2316.4</a> apply.
			&#x201C;<span class="dictionary">Small cell facility</span>&#x201D; means a <span class="dictionary">wireless facility</span> that meets both of the following qualifications: (i) each <span class="dictionary">antenna</span> is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an <span class="dictionary">antenna</span> that has exposed elements, the <span class="dictionary">antenna</span> and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission. The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
			&#x201C;<span class="dictionary">Standard process project</span>&#x201D; means any project other than an <span class="dictionary">administrative review-eligible project</span>.
			&#x201C;<span class="dictionary">Utility pole</span>&#x201D; means a structure owned, operated, or owned and operated by a public utility, <span class="dictionary">local government</span>, or the Commonwealth that is designed specifically for and used to carry lines, cables, or wires for communications, cable television, or electricity.
			&#x201C;<span class="dictionary">Water tower</span>&#x201D; means a water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.
			&#x201C;<span class="dictionary">Wireless facility</span>&#x201D; means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and (ii) radio transceivers, <span class="dictionary">antennas</span>, coaxial, or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
			&#x201C;<span class="dictionary">Wireless infrastructure provider</span>&#x201D; means any person that builds or installs transmission equipment, wireless facilities, or <span class="dictionary">wireless support structures</span>, but that is not a <span class="dictionary">wireless services provider</span>.
			&#x201C;Wireless services&#x201D; means (i) &#x201C;<span class="dictionary">personal wireless services</span>&#x201D; as defined in 47 U.S.C. &#xA7; 332(c)(7)(C)(i); (ii) &#x201C;<span class="dictionary">personal wireless service facilities</span>&#x201D; as defined in 47 U.S.C. &#xA7; 332(c)(7)(C)(ii), including commercial mobile services as defined in 47 U.S.C. &#xA7; 332(d), provided to personal mobile communication devices through wireless facilities; and (iii) any other fixed or mobile wireless service, using licensed or unlicensed spectrum, provided using wireless facilities.
			&#x201C;<span class="dictionary">Wireless services provider</span>&#x201D; means a provider of wireless services.
			&#x201C;<span class="dictionary">Wireless support structure</span>&#x201D; means a freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable <span class="dictionary">existing structure</span> or alternative structure designed to support or capable of supporting wireless facilities. &#x201C;<span class="dictionary">Wireless support structure</span>&#x201D; does not include any telephone or electrical <span class="dictionary">utility pole</span> or any tower used for the distribution or transmission of electrical service. <a id="paragraph-219703" class="section-permalink" href="https://vacode.org/15.2-2316.3/#2"><i class="fa fa-link"/></a></p></section></text><history>2017, c. 835; 2018, cc. 835, 844.</history><metadata></metadata></law>
