Title
A RESOLUTION TO AMEND CHAPTER 22, ARTICLE II OF THE SEDGWICK COUNTY CODE REGARDING UTILITY PERMITS TO COMPLY WITH NEW STATE LEGISLATION REGARDING WIRELESS TELECOMMUNICATIONS.
Presented by: Justin M. Waggoner, Assistant County Counselor.
RECOMMENDED ACTION: Approve and sign the resolution.
PUBLIC COMMENT
Body
Within Senate Substitute for House Bill No. 2131, the Kansas legislature enacted legislation that significantly modifies wireless telecommunications and allows wireless telecommunications facilities to be located within the public rights-of-ways of municipalities. The new law is codified as K.S.A. 66-2019 and goes into effect on October 1, 2016. Up until this time, Sedgwick County has not allowed wireless facilities to be located within the public right-of-way, and these wireless towers and other facilities have instead been located outside of the public right-of-way and on private property where property owners would lease their ground in order for the towers to locate on their property.
The stated aim of the new legislation is to broadly enable the citizens and businesses of Kansas to access broadband services. The new legislation states that the rights of wireless telecommunications providers to locate within the public right-of-way “shall always be subject and subordinate to the reasonable public health, safety and welfare requirements and regulations of the authority [Sedgwick County, in this case].” It should also be noted that the provisions of the Wichita-Sedgwick County Unified Zoning Code do not apply to property located within the public right-of-way.
The new Kansas legislation on wireless telecommunications contains a number of provisions regarding what municipalities can and cannot do under this legislation. The key items that are pertinent to this agenda item are listed below:
(1) Sets timelines for approval or denial of applications to locate wireless telecommunications facilities in the public right...
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