Construction With Federal Regulations, Rulings, etc.; Application Denials by Alabama Department of Transportation.

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Section 37-17-12

Construction with federal regulations, rulings, etc.; application denials by Alabama Department of Transportation.

(a) Where this chapter is divergent with any regulations, rulings, or guidance provided by the Federal Highway Administration, the Alabama Department of Transportation shall follow the Federal Highway Administration requirements.

(b) Notwithstanding any provision of this chapter to the contrary, the Alabama Department of Transportation may deny any application for placement, modification, or maintenance of wireless facilities, on new or pre-existing structures, within the department's right-of-way where the department determines that the placement or maintenance activity would impede the operation or safety of a transportation facility. Small wireless facilities shall not be permitted on any interstate right-of-way.

(Act 2021-5, §12.)


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