Right of Access To Public Right-of-Way

Sec. 284.101. RIGHT OF ACCESS TO PUBLIC RIGHT-OF-WAY. (a) Except as specifically provided by this chapter, and subject to the requirements of this chapter and the approval of a permit application, if required, a network provider is authorized, as a permitted use, without need for a special use permit or similar zoning review and not subject to further land use approval, to do the following in the public right-of-way: (1) construct, modify, maintain, operate, relocate, and remove a network node or node support pole; (2) modify or replace a utility pole or node support pole; and (3) collocate on a pole, subject to an agreement with the municipality that does not conflict with this chapter. (b) A network provider taking an action authorized by Subsection (a) is subject to applicable codes, including applicable public right-of-way management ordinances. Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004), Sec. 1, eff. September 1, 2017.