Court Opinions

State Laws

US Code

US Constitution

North Carolina General Statutes § 146-29.2 Lease provisions for communications towers

Legal Research Home > North Carolina Lawyer

The State may lease real property, or any interest in real property, for the purposes of construction and placement of communications towers on State land or for placement of antennas upon State‑owned structures. The following additional requirements shall apply to such leases:

(1) The lease shall require the lessee to permit other telecommunications carriers to co‑locate on the communications tower on commercially reasonable terms between the lessee and the co‑locating carrier until the communications tower reaches its capacity. Unless the State determines that co‑location is not feasible at that location, the communications tower shall be designed and constructed to accommodate other carriers on the tower.

(2) The State shall, in determining the location of lands to be leased for communications towers, encourage communications towers to be located near other communications towers to the extent technically desirable.

(3) The State shall, when choosing a communications tower or antenna location, choose a location which minimizes the visual impact on surrounding landscape.

(4) The State shall not lease lands of the State Parks System for such purposes.

For purposes of this section, "co‑locate and co‑location" mean the sharing of a communications tower by two or more services.

City and county ordinances apply to communications towers and antennas authorized under this section. (1998‑158, s. 3.)

Sections:  Previous  146-25.1  146-26  146-26.1  146-27  146-28  146-29  146-29.1  146-29.2  146-30  146-31  146-32  146-33  146-34  146-35  146-36  Next

Last modified: February 21, 2012