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RELEVANT LINKS: <br />Minn. Stat. § 237.162 <br />Minn. Stat. § 237.163 <br />Chapter 94, Art. 9, 2017 <br />Regular Session. <br />See League FAQ on <br />Minnesota 2017 <br />Telecommunication Right of <br />Way User Amendments (July <br />2017). <br />State law does not require a separate agreement, and some cities have chosen <br />to put these provisions in their ordinance or permit instead. For cities that <br />choose to have a separate agreement in place, they must develop and make <br />that agreement publicly available no later than November 31, 2017 (six <br />months after the effective date of this act) or three months after receiving a <br />small wireless facility permit application from a wireless service provider. <br />The agreement must be made available in a substantially complete form; <br />however, the parties to the small wireless facility collocation agreement can <br />incorporate additional mutually agreed upon terms and conditions. The law <br />classifies any small wireless facility collocation agreement between a local <br />government unit and a wireless service provider as public data, not on <br />individuals, making those agreements accessible to the public under <br />Minnesota's Data Practices Law. <br />Additionally, the new amendments to Minnesota's Telecom ROW Law set <br />forth other requirements that apply only to small cell wireless facility <br />deployment. The 2017 amendments changed Minnesota's Telecom ROW <br />Law significantly, the details, of which, can be found in the League's FAQ <br />on Minnesota 2017 Telecommunication Right of Way User Amendments <br />(July 2017). However, after the amendments, the law now generally <br />provides: <br />• A presumption of permitted use in all zoning districts, except in districts <br />zoned residential or historical districts. <br />• The requirement that cities issue or deny small wireless facility requests <br />within 90 days, with a tolling period allowed upon written notice to the <br />applicant, within 30 days of receipt of the application. <br />• An allowance to batch applications (simultaneously submit a group of <br />applications), with the limitation to not exceed 15 small wireless requests <br />for substantially similar equipment on similar types of wireless support <br />structures within a two-mile radius. <br />• Rent not to exceed $150 per year with option of an additional $25 for <br />maintenance and allowances for electricity, if cities do not require <br />separate metering. <br />• The limitation that cities cannot ask for information already provided by <br />the same applicant in another small cell wireless facility application, as <br />identified by the applicant, by reference number to those other <br />applications. <br />• A restriction that the height of wireless support structures cannot exceed <br />50 feet, unless the city agrees otherwise. <br />• A restriction that wireless facilities constructed in the right of way may <br />not extend more than 10 feet above an existing wireless support structure <br />in place. <br />League of Minnesota Cities Information Memo: 8/1/2017 <br />Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 8 <br />