TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
REGISTRAR'S NOTICE: The Commonwealth Transportation Board is
claiming an exemption from Article 2 of the Administrative Process Act in
accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes
regulations that are necessary to conform to changes in Virginia statutory law
where no agency discretion is involved. The Commonwealth Transportation Board
will receive, consider, and respond to petitions by any interested person at
any time with respect to reconsideration or revision.
Title of Regulation: 24VAC30-151. Land Use Permit Regulations (amending 24VAC30-151-730).
Statutory Authority: § 33.2-210 of the Code of Virginia.
Effective Date: November 14, 2018.
Agency Contact: Robert W. Hofrichter, Assistant Director for Land Use,
Transportation and Mobility Planning Division, Department of Transportation,
1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-0780, FAX (804)
786-0628, or email robert.hofrichter@vdot.virginia.gov.
Summary:
The amendments (i) make the annual wireless support structure
public right-of-way use fees consistent with the fees in Chapters 837 and 848
of the 2018 Acts of Assembly, which replace all fees of general application,
except permit processing and other plan review fees, with specific fees; and
(ii) specify a $14,000 annual fee for colocations of non-small-cell
communications equipment on an existing tower. The acts allow the Virginia
Department of Transportation to continue to enforce existing permits or
agreements for wireless communication towers and the annual fees charged in
those permits or agreements until the current terms of those permits or
agreements ends.
24VAC30-151-730. Accommodation fees.
After initial installation, the The Commissioner of Highways or a
designee shall determine the annual compensation for the use of the
right-of-way by a utility, except as provided in 24VAC30-151-740. The rates
shall be established on the following basis:
1.
Limited Access Crossings - $50 per crossing.
2.
Limited Access Longitudinal Installation - $250 per mile annual use payment.
3.
Wireless Communication Tower Facility Sites (limited and
nonlimited access):
a.
$24,000 annual use payment for a communication tower site, and wireless
support structure permitted prior to July 1, 2018, until the permit expires or
is terminated;
b.
$14,000 annual use payment for colocation non-small-cell colocation
on a tower site wireless support structure. This payment does not
include equipment mounted to an existing wooden utility pole.; and
c. A wireless support structure installed under a land use permit
issued on or after July 1, 2018, shall have an annual use payment based upon
the following, which shall be adjusted every five years in accordance with § 56-484.32
of the Code of Virginia:
(1) $1,000 for any wireless support structure at or below 50 feet
in height;
(2) $3,000 for any wireless support structure above 50 feet and at
or below 120 feet in height;
(3) $5,000 for any wireless support structure above 120 feet in
height; and
(4) $1.00 per square foot for any other equipment, shelter, or
associated facilities constructed on the ground.
VA.R. Doc. No. R19-5645; Filed September 24, 2018, 3:48 p.m.