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Deltona moves to codify small wireless facility rules after state preemption limits local control

City of Deltona Commission · May 4, 2026
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Summary

City staff presented draft ordinance 06-2026 to add small wireless facility regulations to Deltona's land development code. The rules emphasize design, concealment, ADA and safety standards while acknowledging Florida's statutory limits on spacing and local prohibitions in rights-of-way.

City staff introduced ordinance 06-2026 for first reading Thursday, proposing new code language to regulate small wireless facilities in public rights-of-way while complying with state law.

Jordan Smith, Community Development Services Director, summarized the package and stressed the constraints state statutes place on local governments: municipalities cannot prohibit small wireless facilities in rights-of-way if applications meet objective code standards and may not require applicants to show collocation is infeasible or impose separation distances between facilities.

"State law preempts local governments from imposing separation distances from small wireless facilities," Jordan Smith said, and explained that the city's draft focuses on the standards the city can control: application procedures and timelines, safety and ADA compliance, concealment, neutral colors and minimization of freestanding equipment.

Commissioners asked whether carriers might cluster poles in a single intersection and whether siting could conflict with planned roadway improvements. Staff said applications are processed as right-of-way use permits, that subsurface utilities and infrastructure conflicts will be evaluated during review, and that the city can use objective design standards and review steps to reduce visual and safety impacts.

Planning & Zoning considered the ordinance on April 29 and recommended approval 7-0. The ordinance was presented for first reading; second reading is scheduled for June 1.

Ending: Staff agreed to provide regular updates on incoming right-of-way permit applications and to consult the city attorney on how best to record planned roadway projects that might later conflict with small wireless placements.