{"data":{"id":"us-ky/krs-100.987","jurisdiction":"us-ky","citation":"KRS 100.987","heading":"Local government may plan for and regulate siting of cellular antenna","body":"towers -- Duties of utility or company proposing to construct antenna tower --\nConfidentiality of information contained in application -- Duties and powers of\nplanning commission -- Co-location -- Public Service Commission approval of\ncellular antenna towers on certain properties of the state or instrumentality of\nthe state.\n(1) A planning unit as defined in KRS 100.111 and legislative body or fiscal court that\nhas adopted planning and zoning regulations may plan for and regulate the siting of\ncellular antenna towers in accordance with locally adopted planning or zoning\nregulations in this chapter, except as otherwise provided in this section.\n(2) Every utility or a company that is engaged in the business of providing the required\ninfrastructure to a utility that proposes to construct an antenna tower for cellular\ntelecommunications services or personal communications services within the\njurisdiction of a planning unit that has adopt ed planning and zoning regulations in\naccordance with this chapter shall:\n(a) Submit a copy of the applicant's completed uniform application to the\nplanning commission of the affected planning unit to construct an antenna\ntower for cellular or personal tel ecommunications services. The uniform\napplication shall include a grid map that shows the location of all existing\ncellular antenna towers and that indicates the general position of proposed\nconstruction sites for new cellular antenna towers within an area that includes:\n1. All of the planning unit's jurisdiction; and\n2. A one -half (1/2) mile area outside of the boundaries of the planning\nunit's jurisdiction, if that area contains either existing or proposed\nconstruction sites for cellular antenna towers;\n(b) Include in any contract with an owner of property upon which a cellular\nantenna tower is to be constructed, a provision that specifies, in the case of\nabandonment, a method that the utility will follow in dismantling and\nremoving a cellular antenna tower, including a timetable for removal; and\n(c) Comply with any local ordinances concerning land use, subject to the\nlimitations imposed by 47 U.S.C. sec. 332(c), KRS 278.030, 278.040, and\n278.280.\n(3) All information contained in the application and any updates, except for any map or\nother information that specifically identifies the proposed location of the cellular\nantenna tower then being reviewed, shall be deemed confidential and proprietary\nwithin the meaning of KRS 61.878. The local planning commission  shall deny any\npublic request for the inspection of this information, whether submitted under\nKentucky's Open Records Act or otherwise, except when ordered to release the\ninformation by a court of competent jurisdiction. Any person violating this\nsubsection shall be guilty of official misconduct in the second degree as provided\nunder KRS 522.030.\n(4) After an applicant's submission of the uniform application to construct a cellular\nantenna tower, the planning commission shall:\n(a) Review the uniform applic ation in light of its agreement with the\ncomprehensive plan and locally adopted zoning regulations;\n(b) Make its final decision to approve or disapprove the uniform application; and\n(c) Advise the applicant in writing of its final decision within sixty (60 ) days\ncommencing from the date that the uniform application is submitted to the\nplanning commission or within a date certain specified in a written agreement\nbetween the local planning commission and the applicant. If the planning\ncommission fails to issue a final decision within sixty (60) days and if there is\nno written agreement between the local planning commission and the\napplicant to a specific date for the planning commission to issue a decision,\nthe uniform application shall be deemed approved.\n(5) If the planning commission disapproves of the proposed construction, it shall state\nthe reasons for disapproval in its written decision and may make suggestions which,\nin its opinion, better accomplish the objectives of the comprehensive plan and the\nlocally adopted zoning regulations. No permit for construction of a cellular or\npersonal communications services antenna tower shall be issued until the planning\ncommission approves the uniform application or the sixty (60) day time period has\nexpired, whichever occurs first.\n(6) The planning commission may require the applicant to make a reasonable attempt to\nco-locate additional transmitting or related equipment. A planning commission may\nprovide the location of existing cellular antenna towers on which the c ommission\ndeems the applicant can successfully co -locate its transmitting and related\nequipment. If the local planning commission requires the applicant to attempt co -\nlocation, the applicant shall provide the local planning unit with a statement\nindicating that the applicant has:\n(a) Successfully attempted to co -locate on towers designed to host multiple\nwireless service providers' facilities or existing structures such as a\ntelecommunications tower or another suitable structure capable of supporting\nthe ap plicant's facilities, and that identifies the location of the tower or\nsuitable structure on which the applicant will co -locate its transmission and\nrelated facilities; or\n(b) Unsuccessfully attempted to co -locate on towers designed to host multiple\nwireless service provider's facilities or existing structures such as a\ntelecommunications tower or another suitable structure capable of supporting\nthe applicant's facilities and that:\n1. Identifies the location of the towers or other structures on which the\napplicant attempted to co-locate; and\n2. Lists the reasons why the co-location was unsuccessful in each instance.\n(7) The local planning commission may deny a uniform application to construct a\ncellular antenna tower based on an applicant's unwillingness to attempt to co-locate\nadditional transmitting or related equipment on any new or existing towers or other\nstructures.\n(8) In the event of co -location, a utility shall be considered the primary user of the\ntower, if the utility is the owner of the antenna to wer and if no other agreement\nexists that prescribes an alternate arrangement between the parties for use of the\ntower. Any other entity that co-locates transmission or related facilities on a cellular\nantenna tower shall do so in a manner that does not im pose additional costs or\noperating restrictions on the primary user.\n(9) Upon the approval of an application for the construction of a cellular antenna tower\nby a planning commission, the applicant shall notify the Public Service Commission\nwithin ten (10)  working days of the approval. The notice to the Public Service\nCommission shall include a map showing the location of the construction site. If an\napplicant fails to file notice of an approved uniform application with the Public\nService Commission, the ap plicant shall be prohibited from beginning construction\non the cellular antenna tower until such notice has been made.\n(10) A party aggrieved by a final action of a planning commission under the provisions\nof KRS 100.985 to 100.987 may bring an action for review in any court of\ncompetent jurisdiction.\n(11) Applications for approval of cellular antenna towers on property owned by any state\nagency, university electing to perform financial management of its real properties\npursuant to KRS 164A.555 to 164A.630, department, board, commission, authority,\nor other instrumentality of the state that is exempt from zoning regulations under\nKRS 100.361, other than property for which the use is controlled by the secretary of\nthe Finance and Administration Cabinet pursua nt to KRS 56.463(4)(a), shall be\nsubmitted to the Public Service Commission for approval under KRS 278.650.","path":["KRS Chapter 100"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45078","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:06Z","sha256":"7b64773f72992afb10840cdd0e0f49cbd0394f800b762be893d2ea0ff2f6a514","source_id":"us-ky","stale":false,"prev":"us-ky/krs-100.9865","next":"us-ky/krs-100.990"},"notice":"GroundRules: Original legal text. Not legal advice."}