Title 13, Public Planning And Housing

(a) Notwithstanding any provision of the law to the contrary, no power or authority granted by this code to regulate zoning or land use planning shall be used to exclude the placement of a residential dwelling on land designated for residential use solely because the dwelling is …

Such manufactured residential dwelling shall have the same general appearance as required for site-built homes.

No municipal, county or regional planning commission or any municipal or county legislative body shall, by ordinance or otherwise, exclude the location or relocation of any facility used to provide telephone or telegraph services to the public.

Such facilities include those essential to the provision of telephone and telegraph services such as central office exchanges and microwave towers which require a specific location in order to provide the most efficient service to the public.

The exclusion of location from local regulation does not preclude the exercise of reasonable municipal and county police powers including, but not limited to, permit requirements, landscaping, off-street parking or set-back lines as an exercise of police powers.

A municipal, county or regional planning commission or any municipal or county legislative body, referred to as an authority in this section and § 13-24-305, that has adopted planning and zoning regulations, may plan for and regulate the siting of wireless telecommunications supp…

(1) In regulating the placement of a wireless telecommunications support structure, an authority may not:(1) Regulate the placement of an antenna or related equipment for an existing wireless telecommunications support structure; provided, however, that, if the placement of an an…

This part shall be known and may be cited as the “Competitive Wireless Broadband Investment, Deployment, and Safety Act of 2018.”

(1) As used in this part:(1) “Aesthetic plan” means a publicly available written resolution, regulation, policy, site plan, or approved plat that:(A) Establishes generally applicable aesthetic requirements within the authority or designated area within the authority; and(B) Does …

(a) This part shall be construed to maximize investment in wireless connectivity across the state by creating a uniform and predictable framework that limits local obstacles to deployment of small wireless facilities in the ROW and to encourage, where feasible, shared use of publ…

(a) Nothing in this part requires any local authority to promulgate any limits, permitting requirements, zoning requirements, approval policies, or any process to obtain permission to deploy small wireless facilities. However, any local authority that promulgates limits, permitti…

(1) This part does not:(1) Create regulatory jurisdiction for any subdivision of the state regarding communications services that does not exist under applicable law, regardless of the technology used to deliver the services;(2) Restrict access granted by § 65-21-201 or expand ac…

(a) An authority shall not:(1) Enter into an exclusive arrangement with a person for use of a ROW for the construction, operation, marketing, or maintenance of small wireless facilities;(2) Discriminate by prohibiting an applicant from making an installation that is generally per…

(a) The following are the maximum fees and rates that may be charged to an applicant by a local authority for deployment of a small wireless facility:(1) For small wireless facility colocations on existing or replacement PSSs, the maximum application fee is five hundred dollars (…

(a) (1) A local authority shall not restrict the size, height, or otherwise regulate the appearance or placement of small wireless facilities, or prohibit colocation on PSSs, except a local authority shall require that:(A) A new PSS installed, or an existing PSS replaced, after A…

(a) A local authority may require an applicant to seek permission by application to colocate a small wireless facility or install a new or modified PSS associated with a small wireless facility and obtain one (1) or more work permits, as long as the work permits are of general ap…

(1) Notwithstanding any other provision in this part to the contrary, the deployment of small wireless facilities in state ROW is subject to this section, as follows:(1) In those instances in which an applicant seeks to deploy a small wireless facility or new PSS within a state R…

(1) Consistent with the limitations in this part, an authority may require applicants to:(1) Follow generally applicable and nondiscriminatory requirements for entities that deploy infrastructure or perform construction in a ROW:(A) Requiring structures and facilities placed with…

Any party aggrieved by the failure of an authority to act in accordance with this part may seek remedy in the chancery court for the county in which the applicant attempted to deploy or has deployed a small wireless facility, unless the claim seeks a remedy against the state, in …

(a) The Tennessee advisory commission on intergovernmental relations shall study and prepare a report on the impact of this part, including:(1) The impact on deployment of broadband;(2) The fiscal impact on authorities resulting from the administrative process required by this pa…