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Senator seeks mandatory local check of ADA, traffic and utilities before wireless pole permits
Summary
LB 18 would require local authorities to confirm that proposed wireless facility placements comply with the Americans with Disabilities Act, do not impede pedestrian or vehicular traffic and do not interfere with utilities before permitting installations in rights‑of‑way; sponsor cited a sidewalk pole in mid‑sidewalk as the motivating example.
Sen. John Kavanaugh introduced LB 18 after constituent complaints about a wireless facility placed in the middle of a sidewalk in Omaha. The bill would require local permitting authorities — cities, counties or other political subdivisions — to determine before permitting that a wireless facility placement (including small cell or 5G poles) complies with the Americans with Disabilities Act (ADA), does not impede the normal flow of pedestrian or vehicular traffic, and does not interfere with the lawful operation of utilities serving the right‑of‑way.
Kavanaugh said the bill is narrowly focused on process: requiring permitting authorities to do straightforward due diligence so that the placement won’t create an ADA or traffic problem. He illustrated the issue with photographs from a Popleton Avenue location where a small wireless pole initially sat in the center of a sidewalk, later prompting the sidewalk to be jogged into a resident’s yard. “If you find yourself in this situation, city, talk to the sidewalk engineer first and make sure that your adjusted plan complies with the Americans with Disabilities Act before you do it,” he said.
Supporters including the League of Nebraska Municipalities said the bill brings common sense and clarifies local obligations for right‑of‑way management. League counsel told the committee that clearer, earlier coordination between municipalities and carriers would avoid the kind of rework and neighbor complaints the sponsor described. No organized opposition testified during the hearing; the sponsor said he will work with local governments and carriers on technical refinements if needed.
The committee did not vote; Kavanaugh asked members to consider the bill as a narrowly tailored tool to make sure right‑of‑way permitting considers ADA compliance and utility coordination before construction begins.
