Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - November 7, 2017
REVISED November 7, 2017 - Regular Meeting
Agenda Item #56

Ordinance 17-48 Regulating Certain Right-of-Way Permit Applications


Contact and/or Presenter Information

Sia Mollanazar, P.E., Deputy Director - Engineering Services, Public Works Dept., Ext. 7487

Pamela D'Agostino, Assistant County Attorney, and Anne Morris, Assistant County Attorney, Ext. 3750.

Action Requested
Motion to adopt Ordinance No. 17-48.

Enabling/Regulating Authority

Chapter 2017-136, Amending s. 337.401, Florida Statutes

Background Discussion

On March 7, 2017, Manatee County amended the County's Right-of-Way Management Code via the adoption of Ordinance 17-021.  On April 28, 2017, the Florida Legislature passed House Bill 687, amending Florida Statute 337.401, which provides certain criteria and standards for the processing of applications and permitting of the installation of utility poles and the collocation of small wireless facilities on county or municipality utility poles within public rights-of-way.  HB 687 creates a process by which wireless providers may place certain small wireless facilities on, under, within, or adjacent to certain utility poles or wireless support structures within public rights-of-way.  HB 687 also provides that a municipality or county may not prohibit, regulate, or charge for the collocation of small wireless facilities in the public rights-of-way, except as specified in the bill. 

On June 20, 2017, the Board adopted Resolution 17-074 (Temporary Cessation Resolution) establishing a temporary cessation of acceptance of right-of-way permit applications in order to allow staff to incorporate the amendments of Florida Statute 337.401 into the  County's Right-of-Way Management Code.  Due to the complexity of the endeavor, more time was needed to complete these revisions. On September 18, 2017, the Board adopted Resolution 17-110, extending the Temporary Cessation Resolution (60) days.

The following are the substantive revisions within ordinance 17-48, as required by Florida Statute 337.401:

  • Wireless facilities may be installed or mounted (referred to as "collocation" in Ordinance 17-48) on County utility poles.
  • Wireless facilities are allowed to be collocated on traffic signal poles with the following substantive conditions:  (1) the wireless facility is not placed on the horizontal structure to which signal lights or traffic control devices are attached and (2) the wireless facilities do not utilize signal fiber communication lines. 
  • The allowance of a permittee to place a new utility pole or wireless support structure within the right-of-way is with the following substantive conditions:  (1) the new structure is not taller than fifty (50) feet if there is no existing wireless support structure in the right-of-way or (2) the structure is not taller than the tallest existing wireless support structure located in the same right-of-way.

County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other

Reviewing Attorney

Instructions to Board Records

If adopted, please provide an executed copy of the Resolution to Assistant County Attorney Anne Morris and to Sia Mollanazar, P.E., Deputy Director - Engineering Services, Public Works Dept.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  CAO Memo - AMS.pdf
Attachment:  Resolution 17-110.pdf
Attachment:  Resolution 17-074.pdf
Attachment:  Ordinance No. 17-21.pdf
Attachment:  Chapter 2017-136.pdf
Attachment:  Ordinance 17-48.pdf
Attachment:  Proof of Publication - Bradenton Herald 10.23.17.pdf
Attachment:  Proof of Publication - Fla Admin Register Vol 43 No 195 Issued 10 9 17.pdf