Bernalillo adopts ordinance to regulate small wireless facilities in town rights-of-way

The Town of Bernalillo adopted Ordinance No. 304 on Sept. 24, 2018, creating local rules for deployment of small wireless facilities in public rights-of-way and setting an effective date of Oct. 2, 2018. Ida Fierro, town clerk/administrator, told the council the ordinance implements requirements stemming from HB38 and is intended to enable management of the rights-of-way while facilitating wireless infrastructure investment.

The ordinance defines "small wireless facilities," sets application and review timelines, and establishes size, height and concealment standards. It authorizes administrative permits for collocations, requires the town to process complete applications within 90 days (subject to tolling), and permits replacement or modification of utility poles with defined height limits. The ordinance allows an annual right-of-way fee (not to exceed the formula in the text) and specifies a $20 per-year fee for collocations on town-owned poles.

The council unanimously approved the ordinance; Councilor Dominguez made the motion and the roll call vote was recorded in favor by Councilors Dominguez, Prairie, Sisneros and Jaramillo. The ordinance text included in the record references federal and state law and design- and historic-district accommodations. The town will route small wireless applications through Planning and Zoning for design review and Public Works for structural review, as noted at the hearing.

The ordinance text (Attachment A in the meeting packet) contains detailed provisions on application completeness, concealment/"stealth" design, tower and pole construction standards, requirements for RF-emissions documentation, provisions for emergency removal and abandonment, and a 10-year permit term with one renewal period. It also authorizes the town to retain outside technical reviewers at the applicant's cost. The effective date listed in the ordinance is Oct. 2, 2018.