160D-930. Purpose and compliance with federal law.
(a) The purpose of this section is to ensure the safe and efficient integration of facilities necessary for the provision of advanced mobile broadband and wireless telecommunications services throughout the community and to ensure the ready availability of reliable wireless service to the public, government agencies, and first responders, with the intention of furthering the public safety and general welfare.
(b) The deployment of wireless infrastructure is critical to ensuring first responders can provide for the health and safety of all residents of North Carolina and, consistent with section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. 1455(a), create a national wireless emergency communications network for use by first responders that in large measure will be dependent on facilities placed on existing wireless communications support structures. Therefore, it is the policy of this State to facilitate the placement of wireless communications support structures in all areas of North Carolina. The following standards shall apply to a local government's actions, as a regulatory body, in the regulation of the placement, construction, or modification of a wireless communications facility.
(c) The placement, construction, or modification of wireless communications facilities shall be in conformity with the Federal Communications Act, 47 U.S.C. 332, as amended, section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. 1455(a), and in accordance with the rules promulgated by the Federal Communications Commission.
(d) Nothing in this Part shall be construed to authorize a city to require the construction or installation of wireless facilities or to regulate wireless services other than as set forth herein. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 160D - Local Planning and Development Regulation
Article 9 - Regulation of Particular Uses and Areas.
§ 160D-901 - Regulation of particular uses and areas.
§ 160D-902 - Adult businesses.
§ 160D-903 - Agricultural uses.
§ 160D-905 - Amateur radio antennas.
§ 160D-907 - Family care homes.
§ 160D-909 - Fraternities and sororities.
§ 160D-910 - Manufactured homes.
§ 160D-912 - Outdoor advertising.
§ 160D-913 - Public buildings.
§ 160D-914 - Solar collectors.
§ 160D-915 - Temporary health care structures.
§ 160D-916 - Streets and transportation.
§ 160D-920 - Local environmental regulations.
§ 160D-921 - Forestry activities.
§ 160D-922 - Erosion and sedimentation control.
§ 160D-923 - Floodplain regulations.
§ 160D-924 - Mountain ridge protection.
§ 160D-925 - Stormwater control.
§ 160D-926 - Water supply watershed management.
§ 160D-930 - Purpose and compliance with federal law.
§ 160D-934 - Collocation and eligible facilities requests of wireless support structures.
§ 160D-935 - Collocation of small wireless facilities.
§ 160D-936 - Use of public right-of-way.
§ 160D-937 - Access to city utility poles to install small wireless facilities.
§ 160D-940 - Legislative findings.
§ 160D-941 - Historic preservation commission.
§ 160D-942 - Powers of the historic preservation commission.
§ 160D-944 - Designation of historic districts.
§ 160D-945 - Designation of landmarks.
§ 160D-946 - Required landmark designation procedures.
§ 160D-947 - Certificate of appropriateness required.
§ 160D-948 - Certain changes not prohibited.
§ 160D-949 - Delay in demolition of landmarks and buildings within historic district.
§ 160D-950 - Demolition by neglect to contributing structures outside local historic districts.
§ 160D-951 - Conflict with other laws.
§ 160D-960 - Powers and duties of commission.