Title 11, Counties

A. An applicant for a license subject to this article may request a county to clarify its interpretation or application of a statute, ordinance, regulation, delegation agreement or authorized substantive policy statement affecting the procurement of that license by providing the …

This article does not apply to: 1. A county function, power or duty to the extent that it is subject to title 49, chapter 3, article 3. 2. An ordinance, regulation or substantive policy statement that relates to only the internal management of a county and that does not directly …

A. Unless authorized by federal, state or local law a county may not take any action that materially increases the regulatory burdens on a business unless there is a threat to the health, safety and welfare of the public that has not been addressed by legislation or industry regu…

A. A county may not impose an occupational licensing requirement on any occupation, trade or profession unless the new occupational licensing requirement is necessary to protect the health, safety or welfare of the public. B. Beginning August 3, 2018, a county may not impose an o…

A. Notwithstanding any other law, if a county requires a license or permit for any free speech or assembly activity or any activity that changes the use, appearance or density of a structure or land, the county shall specify in clear and unambiguous language the criteria for gran…

In this chapter, unless the context otherwise requires: 1. "Building code" means the construction codes that were in force at the time of building construction, including plumbing and mechanical codes, electric codes, residential construction codes, energy conservation codes and …

A. For individual residential rental properties the county may conduct interior inspections if an exterior inspection of the property reveals or if the property is found to have any of the following: 1. Conditions that materially affect the health and safety of the occupants as p…

For the purposes of this chapter, a condition that materially affects the health and safety of the occupants of a residential rental dwelling unit includes any of the following conditions: 1. Inadequate sanitation, ventilation or space requirements, including the following: (a) L…

A. A county may adopt a countywide residential rental property inspection program only if the following occurs: 1. The county conducts a public hearing and adopts the rental property inspection program ordinance or resolution at a regularly held county board meeting that occurs a…

A. A county shall not charge a fee for nonpermit related initial exterior inspections, initial interior inspections that are requested by an owner of record or a lawful tenant, for initial interior inspections pursuant to issuance of a warrant, initial annual inspection pursuant …

In this article, unless the context otherwise requires: 1. "Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used in providing wireless services. 2. "Applicable codes" means uniform building, fire, electrical, …

A. A county may not enter into an exclusive arrangement with any wireless provider for use of a right-of-way for the construction, operation or maintenance of utility poles or the collocation of small wireless facilities on utility poles or wireless support structures. B. Subject…

A. Subject to this section and sections 11-1802, 11-1804, 11-1806, 11-1807, 11-1809 and 11-1810, a wireless provider may construct, install, modify, mount, maintain, operate and replace utility poles along, across, on and under the right-of-way and collocate small wireless facili…

A. Except as provided in this section and sections 11-1802, 11-1803, 11-1806, 11-1807, 11-1809 and 11-1810, a county may not prohibit, regulate or charge for the collocation of small wireless facilities inside a right-of-way. B. For collocations for which an application is requir…

A. This section applies to the installation, modification or replacement by a wireless provider of a utility pole or the collocation by a wireless provider of a small wireless facility on a utility pole or a wireless support structure outside of the right-of-way. B. The installat…

A. A county shall adopt an application process and time frames for the installation, modification or replacement of utility poles or wireless support structures inside of the right-of-way or for the collocation of small wireless facilities inside of the right-of-way that comply w…

Utility poles, wireless support structures and wireless facilities deployed by wireless providers pursuant to this article shall be constructed and maintained as to not obstruct, endanger or hinder the usual travel or public safety on the right-of-way, damage or interfere with an…

A. Subject to this article and applicable federal law, a county may exercise zoning, land use, planning and permitting authority and the county's police power within the county's territorial boundaries, including for the installation, modification and replacement of wireless supp…

A court of competent jurisdiction in this state shall determine all disputes arising under this article.

This article does not: 1. Affect the authority of a special taxing district, investor-owned electric utility or electric cooperative that owns, controls or operates utility poles or wireless support structures to deny, limit, restrict or determine the rates, fees, terms and condi…

In this chapter, unless the context otherwise requires: 1. "Affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with a video service provider. 2. "Agreement" means any agreement or contra…

A. The licensing of video service providers and the regulation and use of video service are matters of statewide concern. Except as provided in this chapter, the licensing of video service providers and the regulation and use of video service are not subject to further regulation…

This chapter does not: 1. Prevent a telecommunications provider from exercising any rights or authority that the telecommunications provider has as a public utility under federal or state law. 2. Affect any authority of a county, an agricultural improvement district, any special …

A. From and after December 31, 2019, a county has the exclusive authority to issue a uniform video service license to a person to provide video service and to construct and operate a video service network in any service area within its boundaries. B. Not later than August 27, 201…

A. From and after December 31, 2019, an incumbent cable operator may elect to do either of the following: 1. Continue to operate within a service area as defined in the local license pursuant to section 11-1913. 2. Terminate the incumbent cable operator's local license for a serv…

A. If an incumbent cable operator does not timely elect to terminate a local license for a service area pursuant to section 11-1912, subsection B, the person shall continue to operate the cable system as a holdover cable operator within the service area defined in the local licen…

A. To obtain a uniform video service license, a person shall file with the clerk of the county an application and affidavit that are signed by one of the principal executive officers or general partners of the applicant and that comply with this section. B. The application and af…

A. Within the time frame that the county has in place under section 11-1605 but not later than forty-five days after the date an applicant files a completed application and affidavit pursuant to section 11-1914, the county shall issue a uniform video service license to the applic…

A. To add one or more new service areas to a uniform video service license, the holder shall file with the clerk of the county an application for an amendment to the uniform video service license to add each new service area. B. The application is subject to the same procedures, …

A. To terminate the authority to provide video service to an existing service area authorized under the uniform video service license, the holder of the uniform video service license shall file with the clerk of the county written notice of the termination. B. The holder may term…

A. Each county whose boundaries change shall notify in a timely manner each video service provider that operates in the boundaries. Notification shall be made by certified mail, email or personal delivery. B. A video service provider may not be subject to or required to pay licen…

A. Except as otherwise provided in this section or otherwise required by federal law, including rules and regulations of the federal communications commission, a uniform video service license is fully transferable to any person whether the transfer arises through merger, sale, as…

A. To extend the term of a uniform video service license, the holder of the uniform video service license shall file with the clerk of the county at least one month before the end of the term of the uniform video service license a notice to extend the term for a specified period …

A. A subscriber may submit complaints about video service to any of the following: 1. The county where the subscriber resides. 2. The attorney general. 3. The federal communications commission. 4. Other authorities as provided by law. B. A county may choose to monitor and assist …

A. Not later than twenty-four months after the date that a county issues a uniform video service license pursuant to sections 11-1914 and 11-1915 or an amended uniform video service license pursuant to section 11-1916, the holder of the uniform video service license shall offer a…

A. A video service provider that is not an incumbent cable operator and that holds a uniform video service license with a service area within the boundaries of a county shall prepare and submit to the county a semiannual report that identifies the locations within the boundaries …

A. A video service provider shall activate and offer video service in a nondiscriminatory manner within each service area and may not deny access to video service to any group of potential residential subscribers within a particular part of a service area because of the income pr…

A. In managing a highway under local laws described in section 11-1911, subsection C, paragraph 9, a county may manage the use of the highway including all of the following: 1. Requiring a video service provider that is constructing, installing, working within, maintaining or rep…

A. Except the license fee on gross revenue authorized by section 11-1943 and excise taxes as provided in subsection B of this section, a county may not levy a tax, rent, fee or charge, however denominated, on a video service provider for the use of the highways to provide video s…

A. For the privilege of a video service provider to occupy or use, in whole or in part, any highway within the boundaries of a county to provide video service through a video service network, the county may require a video service provider to pay a license fee to the county based…

Except for the purposes of acting as an intermediary in a transfer of a uniform video service license, a county may not own a video service network.

A. Not more than once every three years, a county, on reasonable written notice, may audit the business books and records of a video service provider to the extent necessary to ensure payment of license fees pursuant to this chapter. The county may not audit any period that ends …

A. A county may file a written complaint against a video service provider and a video service provider may file a written complaint against a county alleging a violation of this chapter or the uniform video service license agreement. Unless the matter arises under the constitutio…

A. Except as provided in section 11-1945, subsections F, G and H, a complaint under this article must be filed within two years after the complainant realizes it has been damaged and knows or reasonably should know the cause, source, act, event, instrumentality or condition that …

In this chapter, unless the context otherwise requires: 1. "Authority" means a broadband service district authority that is responsible for facilitating broadband deployment and connectivity for agricultural purposes. 2. "Board" means the governing body of an authority. 3. "Broad…

A. A group of individuals, businesses or organizations in a county with a population of more than two hundred thousand persons and less than two hundred ten thousand persons may petition the county board of supervisors to form a broadband service district authority for any of the…