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KRS 100.986

Prohibited actions of planning commission in regulating placement of cellular antenna towers

Known as the Binding Element Enforcement Act

The act spans §§ 100–100 (292 sections).

Effective: April 23, 2002 History: Created 2002 Ky

In regulating the placement of cellular antenna towers, a planning commission shall not:

(1) Regulate the placement of a cellular antenna tower on the basis of the environmental effects of radio frequency emissions to the extent that these facilities comply with the regulations of the Federal Communications Commission concerning radio frequency emissions;

(2) Institute a moratorium upon the siting of cellular antenna towers;

(3) Charge an application fee that exceeds an amount that is reasonably related to expenses associated with processing an application to construct a cellular antenna tower, and to issue any necessary permits including any required building permit, up to a maximum of two thousand five hundred dollars ($2500). Application fee amounts shall not be raised after June 15, 2002;

(4) Regulate the placement of antennas or related equipment on an existing structure; or (5) Require the submission of application materials in addition to those required by KRS 100.9865 and 100.987, unless agreed by both parties.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.