Tennessee § 13-24-404 - Local option and local preemption.

§ 13-24-404. Local option and local preemption.

Nothing in this part requires any local authority to promulgate any limits, permitting requirements, zoning requirements, approval policies, or any process to obtain permission to deploy small wireless facilities. However, any local authority that promulgates limits, permitting requirements, zoning requirements, approval policies, or processes relative to deployment of small wireless facilities shall not impose limits, requirements, policies, or processes that are: More restrictive than requirements, policies, or processes set forth in this part; In excess of that which is granted by this part; or Otherwise in conflict with this part. Any local authority limits, requirements, policies, or processes that are more restrictive, in conflict with, or in excess of that which is granted by this part are void, regardless of the date on which the requirement, policy, or process was enacted or became law. For colocation of small wireless facilities in the ROW that is within the jurisdiction of a local authority that does not require an application and does not require work permits for deployment of infrastructure within the ROW, an applicant shall provide notice of the colocation by providing the materials set forth in § 13-24-409(g) to the office of the county mayor and the chief administrative officer of the county highway department, if the colocation is in the unincorporated area, or the city, if the colocation is in an incorporated area. Acts 2018, ch. 819, § 1. Compiler's Notes. For the Preamble to the act concerning supporting emerging wireless technologies, please refer to Acts 2018, ch. 819. Acts 2018, ch. 819, § 4 provided that: (a) All applications to deploy or colocate small wireless facilities that are pending on April 24, 2018, shall be granted or denied consistent with the substantive requirements of this act within either ninety (90) days of April 24, 2018, or ninety (90) days from the date such applications were originally submitted, whichever is later. For all applications submitted after April 24, 2018, but before July 1, 2018, the applicable review periods shall not begin to run until July 1, 2018. Beginning on July 1, 2018, and thereafter, the review periods established herein shall be calculated consistent with the actual date such applications are filed.