                                 CODE OF VIRGINIA

AGREEMENTS FOR USE OF PUBLIC RIGHT-OF-WAY TO CONSTRUCT NEW WIRELESS SUPPORT
STRUCTURES; RELOCATION OF WIRELESS SUPPORT STRUCTURES (§ 56-484.30)

Subject to any applicable requirements of Article VII, Section 9 of the
Constitution of Virginia, public right-of-way permits or agreements for the
construction of wireless support structures issued on or after July 1, 2017,
shall be for an initial term of at least 10 years, with at least three options
for renewal for terms of five years, subject to terms providing for earlier
termination for cause or by mutual agreement. Nothing herein is intended to
prohibit the Department or localities from requiring permittees to relocate
wireless support structures when relocation is necessary due to a transportation
project, the need to remove a hazard from the right-of-way when the Commissioner
of Highways determines such removal is necessary to ensure the safety of the
traveling public, or material change to the right-of-way, so long as other users
of the right-of-way that are in similar conflict with the use of the
right-of-way are required to relocate. Such relocation shall be completed as
soon as reasonably possible within the time set forth in any written request by
the Department or a locality for such relocation, as long as the Department or a
locality provides the permittee with a minimum of 180 days&#8217; advance
written notice to comply with such relocation, unless circumstances beyond the
control of the Department or the locality require a shorter period of advance
notice. The permittee shall bear only the proportional cost of the relocation
that is caused by the transportation project and shall not bear any cost related
to private benefit or where the permittee was on private right-of-way. If the
locality or the Department bears any of the cost of the relocation, the
permittee shall not be obligated to commence the relocation until it receives
the funds for such relocation. The permittee shall have no liability for any
delays caused by a failure to receive funds for the cost of such relocation, and
the Department or a locality shall have no obligation to collect such funds. If
relocation is deemed necessary, the Department or locality shall work
cooperatively with the permittee to minimize any negative impact to the wireless
signal caused by the relocation. There may be emergencies when relocation is
required to commence in an expedited manner, and in such situations the
permittee and the locality or Department shall work diligently to accomplish
such emergency relocation.

HISTORY: 2017, c. 835.