Siting Of Telecommunications Facilities And Broadband Infrastructure

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 65 LOCAL LAND USE PLANNING 67-6540. SITING OF TELECOMMUNICATIONS FACILITIES AND BROADBAND INFRASTRUCTURE. (1) A city, county, or highway district shall approve, approve with modification, or deny a siting application for a telecommunications or cable service facility, for telecommunications or cable equipment, or for broadband infrastructure within a reasonable period of time as defined in subsection (7)(b) of this section. (2)  If the city, county, or highway district fails to approve, approve with modification, or deny the application within a reasonable period of time as defined in subsection (7)(b) of this section: (a)  For a siting application that requires a special use permit as provided for in section 67-6512 , Idaho Code, or a variance as provided for in section 67-6516 , Idaho Code, the governing board shall, within thirty (30) days, hold a public hearing to approve, approve with modification, or deny the application; and (b)  For a siting application that complies with the jurisdiction’s applicable zoning ordinances and does not require a special use permit as provided for in section 67-6512 , Idaho Code, or a variance as provided for in section 67-6516 , Idaho Code, the application shall be deemed approved. (3)  If an application is incomplete, the city, county, or highway district shall notify the applicant in writing within twenty-one (21) business days of submittal of the application. The notice shall inform the applicant of the specific requirements necessary to complete the application. The provisions under subsection (2) of this section shall apply only if the applicant satisfies the specific requirements of the notice and submits a complete application within five (5) business days of receipt of the notice. The tolling period for an application pursuant to this subsection shall be from the day after the date when the siting authority notifies the applicant the application is incomplete pursuant to this subsection until the date when the applicant submits all the documents and information identified to render the application complete. (4)  The reasonable period of time pursuant to subsection (7)(b) of this section may be extended by mutual agreement between the applicant and the city, county, or highway district. (5)  The automatic approval provisions of subsection (2) of this section shall only apply if: (a)  The applicant provided all public notices required under applicable law; and (b)  The applicant provided notice to the city, county, or highway district that the reasonable period of time expired and that the application is deemed approved pursuant to this section. (6)  Within thirty (30) days of the notice provided pursuant to subsection (5)(b) of this section, the city, county, or highway district may seek judicial review regarding the application pursuant to the provisions of this section. (7)  As used in this section, the following terms have the following meanings: (a)  "Broadband infrastructure" has the same meaning as that term is defined in section 40-517 , Idaho Code. (b)  "Reasonable period of time" for an application means: (i)   For broadband infrastructure permits, sixty (60) days; (ii)  To collocate a small wireless facility on existing equipment, sixty (60) days; (iii) To deploy a small wireless facility on new equipment, ninety (90) days; (iv)  To collocate a facility other than a small wireless facility on existing equipment, ninety (90) days; and (v)   To deploy a facility other than a small wireless facility on new equipment, one hundred fifty (150) days. (8)  This section shall not apply to any request for modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station and that involves: (a)  Collocation of new transmission equipment; (b)  Removal of transmission equipment; or (c)  Replacement of transmission equipment. (9)  Except as provided in subsection (1) of this section, nothing in this section limits or affects the authority of a city, county, or highway district over decisions regarding the placement, construction, and modification of a wireless telecommunications facility.