Effective - 01 Jan 2019
67.5112. Wireless providers use of right-of-ways to collocate small wireless facilities, requirements. — 1. The provisions of this section shall only apply to activities of a wireless provider within the right-of-way to deploy small wireless facilities and associated utility poles.
2. An authority shall not enter into an exclusive arrangement with any person for use or management of the right-of-way for the collocation of small wireless facilities or the installation, operation, marketing, modification, maintenance, management, or replacement of utility poles.
3. Subject to the provisions of sections 67.5110 to 67.5121, an authority shall permit a wireless provider, as a permitted use not subject to zoning review or approval, to collocate small wireless facilities and install, maintain, modify, operate, and replace utility poles along, across, upon, and under the right-of-way, except that the placement in the right-of-way of new or modified utility poles in single-family residential or areas zoned as historic as of August 28, 2018, remains subject to any applicable zoning requirements that are consistent with sections 67.5090 to 67.5103. Small wireless facilities collocated outside the right-of-way in property not zoned primarily for single-family residential use shall be classified as permitted uses and not subject to zoning review or approval. Such small wireless facilities and utility poles shall be installed and maintained as not to obstruct or hinder the usual travel or public safety on such right-of-way or obstruct the legal use of such right-of-way by authorities or other authorized right-of-way users. Nothing in this section shall grant any wireless provider the power of eminent domain.
4. Nothing in sections 67.5110 to 67.5121 shall prevent an authority, on a nondiscriminatory basis, from requiring a permit, with reasonable conditions, for work in a right-of-way that will involve excavation, affect traffic patterns, obstruct traffic in the right-of-way, or materially impede the use of a sidewalk.
5. Each new, replacement, or modified utility pole installed in the right-of-way shall not exceed the greater of ten feet in height above the tallest existing utility pole in place as of January 1, 2019, located within five hundred feet of the new pole in the same right-of-way, or fifty feet above ground level. New small wireless facilities in the right-of-way shall not extend more than ten feet above an existing utility pole in place as of August 28, 2018, or for small wireless facilities on a new utility pole, above the height permitted for a new utility pole under this section. A new, modified, or replacement utility pole that exceeds these height limits shall be subject to any applicable zoning requirements that apply to other utility poles and are consistent with sections 67.5090 to 67.5103.
6. A wireless provider shall be permitted to replace decorative poles when necessary to collocate a small wireless facility, but any replacement pole shall reasonably conform to the design aesthetics of the decorative pole or poles being replaced.
7. Subject to subsection 4 of section 67.5113, and except for facilities excluded from evaluation for effects on historic properties under 47 C.F.R. Section 1.1307 (a)(4) of the Federal Communications Commission rules, an authority may require reasonable, technically feasible, nondiscriminatory, and technologically neutral design or concealment measures in a historic district. Any such design or concealment measures shall not have the effect of prohibiting any provider's technology, nor shall any such measures be considered a part of the small wireless facility for purposes of the size restrictions in the definition of small wireless facility.
8. The authority, in the exercise of its administration and regulation related to the management of the right-of-way, shall be competitively neutral with regard to other users of the right-of-way, including that terms shall not be unreasonable or discriminatory and shall not violate any applicable law. Nothing in sections 67.5110 to 67.5121 shall in any way be construed to modify or otherwise affect the rights, privileges, obligations, or duties, existing prior to August 28, 2018, of an electrical corporation, as defined in section 386.020, or of a rural electric cooperative established under chapter 394, except to the extent that the corporation or cooperative deploys small wireless facilities that are used to provide services unrelated to the provision of their electric and gas utility service.
9. Small wireless facility collocations completed on or after August 28, 2018, shall not interfere with or impair the operation of existing utility facilities, or authority or third-party attachments. The authority may require a wireless provider to repair all damage to the right-of-way directly caused by the activities of the wireless provider in the right-of-way and to return the right-of-way to its functional equivalence before the damage under the competitively neutral, reasonable requirements and specifications of the authority. If the wireless provider fails to make the repairs required by the authority within a reasonable time after written notice, the authority may make those repairs and charge the applicable party the reasonable, documented cost of such repairs.
--------
(L. 2018 H.B. 1991)
Effective 1-01-19
Expires 1-01-25
Structure Missouri Revised Statutes
Title VI - County, Township and Political Subdivision Government
Chapter 67 - Political Subdivisions, Miscellaneous Powers
Section 67.020 - Budget officer, designation, duties — submission of budget.
Section 67.040 - Increase of expenditure over budgeted amount to be made only on formal resolution.
Section 67.048 - Annual report required, when.
Section 67.050 - Transfer of funds from one agency to another.
Section 67.060 - Orders increasing total budget kept on file three years — attestation.
Section 67.070 - Budget for preceding year to govern, when.
Section 67.080 - Expenditures prohibited unless authorized under this chapter.
Section 67.085 - Investment of certain public funds, conditions.
Section 67.100 - Applicability of law.
Section 67.136 - Municipal courts, utilization of collection agencies permitted, when.
Section 67.138 - Liability of political subdivisions for certain frivolous actions.
Section 67.140 - Ownership of domestic animals, no laws or regulations to prohibit.
Section 67.210 - Political subdivisions may provide health insurance benefits when, to whom.
Section 67.212 - Failure of board members to attend meetings, commission's power to replace.
Section 67.250 - Cities and counties may grant funds to fire protection and library districts, when.
Section 67.303 - Economic growth, promotion and development in county — powers of county commission.
Section 67.304 - Charitable contributions, organizations may solicit in roadway, when, procedure.
Section 67.305 - Counties or cities not to arrest or punish for public intoxication.
Section 67.306 - Admission tickets, sale or resale of, no restrictions on price or fees, exceptions.
Section 67.316 - Public food service establishments, pets permitted, when.
Section 67.340 - Assistance to political subdivisions encouraged.
Section 67.350 - Use of state data processing equipment by political subdivisions.
Section 67.360 - Political subdivisions, use of state procurement service authorized.
Section 67.370 - State agencies may contract with political subdivisions.
Section 67.380 - Charges limited to cost of service.
Section 67.390 - Contracts to be filed with secretary of state.
Section 67.400 - Ordinance may require vacation, demolition or repair of structures, when.
Section 67.410 - Provisions required in ordinance.
Section 67.420 - Ordinance may provide penalties for noncompliance or delay.
Section 67.430 - Appeal must be authorized.
Section 67.440 - Emergency powers may be authorized.
Section 67.450 - Liability of subdivision for wrongful action.
Section 67.453 - Citation of law — definitions.
Section 67.455 - Neighborhood improvements — bonds, special assessments.
Section 67.459 - Apportionment of improvement costs — governing body to establish classifications.
Section 67.461 - Assessments, plans, specifications — public filing — duties of clerk — notice.
Section 67.465 - Period of limitation, lawsuits.
Section 67.467 - Supplemental assessments authorized, when — reassessments.
Section 67.469 - Assessment treated as tax lien, payable upon foreclosure.
Section 67.471 - Temporary notes, general obligation bonds.
Section 67.475 - Maximum bond indebtedness — advisory committee in certain cities.
Section 67.500 - Short title — definitions.
Section 67.506 - Computation of county sales tax levy.
Section 67.540 - Repeal or amendment of sales tax — procedure.
Section 67.545 - Law not applicable to certain cities and counties.
Section 67.571 - Museums and festivals, sales tax authorized (Buchanan County).
Section 67.572 - Repeal of sales tax, procedure.
Section 67.573 - Sales tax to be an additional tax to taxes in chapter 144 — computation of tax.
Section 67.574 - Director of revenue to be responsible for administration and operation of the tax.
Section 67.576 - Collection of the tax requirements — applicable penalties.
Section 67.577 - Delinquency in payment, limitation for bringing suit.
Section 67.607 - Powers of commission.
Section 67.611 - Decisions by majority, exceptions.
Section 67.614 - Penalties may be imposed by ordinances for injuries to commission's property.
Section 67.621 - Revenues, distribution.
Section 67.623 - Collection and administration of tax, options.
Section 67.631 - Penalties may be imposed by ordinances for injuries — district's property.
Section 67.643 - Law not to impair existing rights of political subdivisions.
Section 67.645 - Report to general assembly, when — biennial audit, required.
Section 67.650 - Regional convention and sports complex authority established.
Section 67.654 - Investment in bond issues, by whom, authority.
Section 67.655 - Tax exemption for property and income of authority.
Section 67.661 - Authorities' duties — annual report due when — no public revenue authorized.
Section 67.662 - Limitations on applicability
Section 67.663 - Tourism taxes, collection, distribution and administration.
Section 67.664 - Limitations on imposition of tourism taxes.
Section 67.667 - Adoption of tourism tax, procedure — ballot form.
Section 67.673 - Repeal of tax, procedure, ballot form — effective when.
Section 67.676 - Collection of tourism tax, duties of county collector or director of revenue, when.
Section 67.681 - Delinquencies — limitation for bringing suit — prosecutor may bring action.
Section 67.683 - Tourism board, appointment — qualifications — term — duties — staff authorized.
Section 67.701 - Submission of ballot — limitations on use of revenue (St. Louis County).
Section 67.712 - Deposit — distribution to county, when — refunds authorized — tax repealed, effect.
Section 67.721 - Repeal or amendment of sales tax, procedure.
Section 67.724 - Definition of county.
Section 67.730 - Capital improvements sales tax — bonds — election procedure — ballot form.
Section 67.732 - Imposition of tax, when — interest and sinking fund, limitations on use.
Section 67.733 - Bonds, refunding.
Section 67.737 - Applicable provisions, administration.
Section 67.760 - Joint operation of recreation system.
Section 67.770 - Subdivision may accept gifts for recreational purposes.
Section 67.775 - Use of facilities of other governmental agencies, when.
Section 67.780 - Effect on other powers of subdivision.
Section 67.781 - County recreational system — citation of law — definitions.
Section 67.783 - Recreational lake authority — purpose and powers — exemption — immunity.
Section 67.787 - Lake authority — initial meeting — officers — duties — bond, amount — restrictions.
Section 67.788 - Lake authority — powers — funds — condemnation — security force — zoning.
Section 67.790 - Lake authority — tax increment financing — approval, by whom.
Section 67.796 - Ballot form, content.
Section 67.798 - Bonds — issuance, interest, payments — income tax exemption.
Section 67.800 - Notice to nonresident property owners, when.
Section 67.810 - Owner to file affidavit of request, contents, fee.
Section 67.820 - Notice, how sent, by whom.
Section 67.830 - Receipt of notice, owner to refile affidavit.
Section 67.840 - Request for notice expires, when, renewed, how.
Section 67.850 - Failure of notice, effect of.
Section 67.860 - Nonresident property owner defined.
Section 67.870 - Policy statement.
Section 67.880 - Who may acquire land and for what purpose.
Section 67.885 - Plan for conservation, hearing and reports required before condemnation authorized.
Section 67.895 - Tax assessments, how affected.
Section 67.905 - Authorization to accept funds or grants.
Section 67.955 - Procedure for dissolution — bonded indebtedness, effect of.
Section 67.974 - Powers of commission.
Section 67.978 - Bonds issues, authorization — forms — sales — rate of interest.
Section 67.981 - Notes authorized — sales — interest rate — to mature when.
Section 67.983 - Issuance of renewal notes and refunding bonds — sales.
Section 67.995 - Fund abolished, moneys transferred to general revenue — audit of fund, when.
Section 67.1012 - Collection of tax, options, penalty for delinquency, when (Pettis County).
Section 67.1016 - County transient guest taxes — procedures.
Section 67.1020 - Disaster relief services, nongovernmental agencies exempt from tax, when.
Section 67.1062 - Definitions.
Section 67.1064 - Recorder of deeds to file report — pay over funds to county treasurer for deposit.
Section 67.1065 - Administrative body to be appointed, duties, expenses, limitation.
Section 67.1067 - Agencies applying for funds, information required.
Section 67.1069 - Requirements for agencies to be eligible for funds.
Section 67.1070 - Eligible agencies.
Section 67.1071 - Report to be made by agencies receiving funds, content — program.
Section 67.1155 - Powers and duties of commissioners.
Section 67.1175 - Advisory board, established, members — duties, powers.
Section 67.1180 - Dissolution of district, procedures — trustee, appointment, duties.
Section 67.1181 - Audit required, promotion of tourism moneys.
Section 67.1186 - Retailers liable for surcharge, collection and return of surcharges.
Section 67.1187 - Tourism surcharge trust fund, established — use.
Section 67.1188 - Ballot for submission.
Section 67.1189 - Effective date of surcharge.
Section 67.1200 - Definitions.
Section 67.1212 - Election to establish military airport zoning, ballot form.
Section 67.1224 - Airport zoning regulation not applicable to certain counties.
Section 67.1233 - Ballot form for submission to affected landowner.
Section 67.1235 - Majority of affected landowners required to form.
Section 67.1249 - Grants may be awarded by board to conduct research.
Section 67.1253 - Dissolution procedure for district — ballot form.
Section 67.1275 - Exemption from premium tax for association.
Section 67.1350 - Annexation by certain cities to promote economic development (Warrensburg).
Section 67.1352 - Annexation of municipal airports, when (city of Monett).
Section 67.1367 - Transient guest tax for promotion of tourism — ballot language. (Perry County)
Section 67.1368 - Tax authorized — ballot language (Douglas and Montgomery counties).
Section 67.1401 - Definitions.
Section 67.1411 - Districts, how established.
Section 67.1431 - Public hearing, notice.
Section 67.1441 - Removal from and addition to district, procedure.
Section 67.1452 - Election of board of directors, no person to cast more than one ballot.
Section 67.1471 - Fiscal year — budget — meeting — report — audit.
Section 67.1485 - Merger of districts, when — assessments, effect on.
Section 67.1491 - Obligations of district.
Section 67.1501 - Funding of district.
Section 67.1511 - Fund, how created, use.
Section 67.1531 - Real property or business license tax, how imposed, ballot.
Section 67.1541 - Taxes and assessments, how collected, distributed.
Section 67.1551 - Election for real estate tax, procedure, results, reimbursement of costs.
Section 67.1561 - Statute of limitations.
Section 67.1571 - Minimum wage limitation.
Section 67.1600 - Home equity program act — definitions.
Section 67.1606 - Addition of new areas to existing home equity program, procedure.
Section 67.1612 - Powers and duties.
Section 67.1618 - Member's home value guaranteed, when, procedure.
Section 67.1624 - Payment by program required, when.
Section 67.1630 - Member property acquired by eminent domain, program benefits may be claimed, when.
Section 67.1636 - Member may appeal guaranteed values or dollar depreciations, how.
Section 67.1642 - Termination of existing program, how.
Section 67.1651 - Indemnification of commissioners, officers or employees of a program, limitations.
Section 67.1654 - Suit may be brought, when, limitations.
Section 67.1657 - Program only proportionally liable when member has separate home equity insurance.
Section 67.1703 - Metropolitan district to be body corporate and political subdivision.
Section 67.1715 - District ballot form, approval of majority required — district established, when.
Section 67.1718 - Single county district, procedure.
Section 67.1730 - Board member terms — vacancies, how filled, eligible for reappointment.
Section 67.1742 - Powers and duties of the district.
Section 67.1748 - Missouri products and supplies to be given preference.
Section 67.1751 - Metropolitan district not to have power of eminent domain.
Section 67.1754 - Sales tax, how allocated — reauthorization of tax, when.
Section 67.1760 - Bonds may be issued by metropolitan district — rates, how paid.
Section 67.1766 - Income from bonds exempt from income tax.
Section 67.1775 - Authorizes local sales tax in all counties and St.