2002 Regular Session
To: Public Utilities
By: Senator(s) King
AN ACT TO REQUIRE ANY PERSON WHO PLANS TO CONSTRUCT A TELECOMMUNICATIONS TOWER IN AN UNINCORPORATED AREA TO PROVIDE NOTICE BY CERTIFIED MAIL TO THE COUNTY BOARD OF SUPERVISORS AND TO ADJACENT LANDOWNERS; TO REQUIRE SUCH PERSONS TO GIVE NOTICE BY PUBLICATION; TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section, unless the context clearly requires otherwise:
(a) Residential dwelling means a building used or intended to be used as a personal residence by the owner, part-time owner or lessee of the building, or any person authorized by such a person to use the building as a personal residence.
(b) Telecommunications tower means any free-standing structure, or any structure to be attached to a building or other structure, that is proposed to be owned or principally used by a public utility engaged in the provision of telecommunications services.
(2) Any person who plans to construct a telecommunications tower in an unincorporated area shall provide both of the following by certified mail:
(a) Written notice to the board of supervisors in which the tower is proposed to be constructed and to each owner of property, as shown on the county's current tax list, whose land is contiguous to or directly across a street or roadway from the property on which the tower is proposed to be constructed. If the notice to the board of supervisors or to a property owner is returned unclaimed or refused, the person shall mail the notice by regular mail. The failure of delivery of the notice does not invalidate the notice. Such notice shall state all of the following in clear and concise language:
(i) The person's intent to construct the tower; and
(ii) A description of the property sufficient to identify the proposed location.
(b) Written notice of the information specified in paragraph (a) of this subsection to any owner of, or any person occupying, a residential dwelling located within one hundred (100) feet from telecommunications tower. If the notice is returned unclaimed or refused, the person shall mail the notice by regular mail. The failure of delivery of the notice does not invalidate the notice.
(3) Any person who plans to construct a telecommunications tower in an unincorporated area shall give notice thereof by publication. Such notice shall be published for three (3) weeks in a newspaper published in the county in which the proposed tower is to be constructed, or in a county having a general circulation in such county, and shall contain the information specified in paragraph (a) of subsection (2).
(4) Any person who violates the provisions of this section may upon conviction be subject to a fine not exceeding Five Hundred Dollars ($500.00) per violation or imprisonment in the county jail not exceeding thirty (30) days, or both fine and imprisonment.
SECTION 2. This act shall take effect and be in force from and after July 1, 2002.