Sec. 5A-159. Small Wireless Facilities
Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.
Prince George's County, Md., Code § 5A-159 (2026)
Sec. 5A-159. Small Wireless FacilitiesLinkCopy Citation
(a)
Generally: No person shall install, construct or operate a small wireless facility within the County without:
(1)
Obtaining all permits required by this Code;
(2)
Obtaining a recommendation by the TTFCC;
(3)
Complying with all applicable Federal, State, and local laws, including, but not limited to, Subtitles 4, 5A, 9, 23 and 27 of this Code;
(4)
Paying all required fees;
(5)
Complying with all FCC safety rules, regulations, and standards for exposure to radio frequency (RF) radiation.
(b)
Small Wireless Facilities installed, mounted or operated within the County shall adhere to the following requirements.
(1)
Location.
(A)
A small wireless facility shall not be located within 150 feet of the nearest small wireless facility occupied or controlled by the same Person.
(B)
A new or replacement support structure shall not be located within 15 feet of an existing tree. Additionally, installation or mounting of a small wireless facility must be performed in a manner that attempts to preserve the existing tree canopy.
(C)
A small wireless facility shall not be attached to an existing decorative pole, which is defined as a structure that is specially designed and placed for aesthetic purposes and which no appurtenances or attachments, other than lighting, specially designed informational or directional signage, or temporary holiday or special events attachments, have been placed.
(D)
Any small wireless facility shall be installed or mounted a minimum of 30 feet from any residential dwelling unless a RF study requires more distance to comply with FCC safety rules, regulations, and standards related to radio frequency (RF) radiation.
(E)
Any small wireless facility installed in the public right-of-way or in an easement shall be in alignment with the existing vertical infrastructure, streetlights, utility poles, trees and shall not be closer than 3 feet, 6 inches from the curb or 6 feet from the end of the paved section of the roadway if no curb exists.
(F)
No small wireless facility shall be installed within 250 feet of an elementary or secondary educational institution.
(G)
No small wireless facility shall be installed on any County owned or operated traffic signal.
(2)
Co-location.
(A)
A small wireless facility shall be collocated on an existing pole other than a traffic signal in the public right-of-way.
(B)
Upon a showing that the requirements of paragraph (A) would prohibit or have the effect of prohibiting the provision of service, as evidenced by the written assessment of a third-party licensed professional engineer, a small wireless facility shall be installed on a replacement pole with a streetlight within 10 feet of an existing pole.
(C)
Upon a showing that the requirements of paragraphs (A) and (B) would prohibit or have the effect of prohibiting the provision of service, as evidenced by the written assessment of a third-party licensed professional engineer, a small wireless facility shall be installed on a new pole within 75 feet of an existing pole.
(3)
Height. The height of a small wireless facility shall be measured from the lowest point of the natural grade of the ground at the base of the pole to the highest point on the pole, to include any attached equipment and antennas.
(A)
A collocated small wireless facility on an existing pole shall not exceed the height of the existing poll by more than 10 feet.
(B)
Poles installed in the public right-of-way in a protected area and proximate to a roadway in protected area shall not exceed 30 feet.
(C)
Poles installed in the public right-of-way shall not exceed the greater of 50 feet or 10 feet greater than the tallest existing pole in the public right-of-way.
(4)
Protected Areas. Any small wireless facility installed or mounted in a protected area shall be a stealth design, which means that the design elements of the facility camouflage its presence by blending in and mimicking its surroundings, as is further described in the Design Manual.
(5)
Noise. All small wireless facilities shall comply with the provisions contained in Subtitle 19 — Pollution, Division 2 — Noise Control of this Code.
(6)
Radio Frequency (RF) Emissions.
(A)
All small wireless facilities shall comply with FCC rules and regulations for general public limits for human exposure to the radio frequency electromagnetic fields,
(B)
All small wireless facilities shall include signage at the location of a small wireless facility that lists the owner and operator of the facility and provide RF warnings. Signage shall comply with the Design Manual.
(C)
All small wireless facilities must have a feature allowing the immediate cessation of radio frequency (RF) emissions, and the Director or his designee shall be provided access to such feature.
(7)
Certifications and Inspections
(A)
The owner of a small wireless facility shall provide a certification after installation that only equipment identified in the application was installed and all compliance measures as to RF emissions have been implemented.
(B)
All Small Wireless Facilities may be subject to a post-installation inspection by the County for the purposes of verifying that only permitted equipment was installed, that equipment was installed in compliance with all applicable permits, and that the facility is in compliance with FCC safety rules, regulations, and standards related to radio frequency (RF) radiation,
(C)
All Small Wireless Facilities may be subject to an annual inspection by the County to verify that the facility is in working order, operational and is in compliance with FCC safety rules, regulations, and standards related to radio frequency (RF) radiation. Inspections shall be subject inspection fee in accordance with a fee schedule published by the Director.;
(D)
The County may conduct periodic inspections at any time to determine whether a Small Wireless Facility is installed and operated in compliance with all applicable laws, licenses, permits and certifications. This may include field testing for radio frequency (RF) emissions when deemed necessary by the County to ensure the public safety, health and welfare. Each small wireless facility owner is responsible for the cost of testing and any required mitigation to be compliant with FCC rules and regulations. Upon reasonable notice, the County may order that a Small Wireless Facility be disabled if it determines that the Facility is non-compliant with any applicable laws or regulations.
(E)
Upon reasonable notice, the County may order that a Small Wireless Facility be disabled if it determines that the Facility is non-compliant with FCC rules and regulations related to radio frequency (RF) emissions or a danger to public safety. In the event of an emergency, the County may immediately disable the facility.
(c)
Public Right-of-Way. No person may construct or operate a small wireless facility within the public right-of-way, or on any structure or support structure in the public right-of-way, without first entering into a fully executed Master License Agreement with the County as required by this Division and complying with all requirements listed in this Code.
(1)
Any small wireless facilities placed in the public right-of-way must comply with the Design Manual in all respects, unless a waiver has been granted in accordance with the provisions of this Code.
(2)
All privileges granted by the issuance of relevant permits or the execution of a Master License Agreement shall be subordinate to the County's use and any prior lawful occupancy of the public-right of way,
(3)
All small wireless facilities shall at all times be operated in compliance with all applicable Federal, State, and local laws.
(d)
Master License Agreement
(1)
The Director shall develop and make available a uniform Master License Agreement to be executed by each person applying to install a small wireless facility in the public right-of-way.
(2)
The uniform Master License Agreement shall include all provisions necessary to ensure the overall interests of public health, safety, and welfare, including, but not limited to, the following provisions:
(A)
an acknowledgement that the licensee may not place a small wireless facility in the public right-of-way without first obtaining any necessary permits;
(B)
a requirement that all small wireless facilities and related equipment must comply with FCC safety rules, regulations, and standards for exposure to radio frequency (RF) radiation;
(C)
a requirement that the installation, operation, and maintenance of the small wireless facility shall adhere to all provisions of this Code, the Design Manual, and any applicable County regulations,
(D)
a requirement that each small wireless facility must have a feature allowing the immediate cessation of radio frequency (RF) emissions, and that the owner shall provide the County with access to the feature to permit County employees, agents, or contractors to perform any required work in proximity to the small wireless facility,
(E)
a requirement that, at any time during the agreement, upon demand by the County, the licensee must submit a report, obtained at the licensee's own expense and signed by a third-party licensed professional engineer, that demonstrates that:
(i)
the facility is in working order,
(ii)
the facility is in operation,
(iii)
the facility is compliant with FCC safety rules, regulations, and standards related to radio frequency (RF) radiation;
(F)
a requirement that small wireless facility may not obstruct, impede or hinder the usual travel or public safety of pedestrians or vehicles on or in the public right-of-way, or may not obstruct the legal use of the public right-of-way by lawfully present utility providers,
(G)
a requirement that small wireless facilities may not be installed or operated in a manner that violates the American with Disabilities Act,
(H)
a requirement that the licensee shall notify the County, in writing, upon terminating operation of the facility, or of the facility becoming otherwise inactive, and that the licensee shall promptly remove the facility, and any structure that was newly constructed to support the small wireless facility,
(I)
a requirement that any small wireless facility that the County determines has been inoperative for 12 consecutive months shall be deemed abandoned, and shall be removed by the County at the licensee's sole expense,
(J)
a requirement that the licensee must remove or relocate the facility, at the licensee's sole expense, to accommodate any Federal, State, or County public work or improvement project,
(K)
a requirement that any licensee whose actions cause damage to the public right-of-way, any objects located within the public right-of-way, and/or the property of any third party located within the Public Right-of-Way, shall be responsible for any necessary repairs at the licensee's sole expense,
(L)
a requirement that the licensee must replace or modify any such facility in the event the County determines that replacement or modification is necessary for compliance with building and safety codes,
(M)
a requirement that the licensee shall, at its sole expense, remove or relocate a small wireless facility and/or associated support if the County determines that the removal or relocation is necessary to protect the public health, safety and welfare of County residents or property, and that County may initiate such removal or relocation in the event of an emergency or imminent danger to health, safety, or property,
(N)
authority for the County to seek any redress, both legal and equitable, necessary in the event the licensee fails to comply with any directive issued pursuant to this Code, any regulations, or the Master License Agreement, or fails to remit any expense attributable to such acts or omissions,
(O)
a requirement that the licensee shall be responsible for the payment of an annual fee for access to the public right-of-Way and/or attachment to County-owned structures in the public right-of-way,
(P)
a requirement that the licensee shall be responsible for the completion of any make-ready work required for the installation or mounting of a small wireless facility.
(Q)
a provision concerning the participation of County-based small-, minority- and disadvantaged-owned businesses, and
(R)
a requirement that licensees shall comply with the terms of the Master License Agreement in all respects, and that any violations of the Master License Agreement shall be subject to fines, penalties and forfeiture of the Master License Agreement as outlined in the Master License Agreement.
(e)
Private Property
(1)
No person may install, construct or operate a small wireless facility on private property without first having:
(A)
obtained the written consent of the property owner and, if applicable, easement holder,
(B)
obtained required approval from any applicable regulatory agency or utility, and
(C)
obtained any permits required by this Code, after obtaining a recommendation by the TTFCC.
(2)
Any small wireless facility placed on private property must comply with all applicable laws and regulations, including the zoning requirements of Subtitle 27 of this Code, and the Design Manual.
(3)
For the purposes of this Subtitle, any public utility easement is considered private property.
(f)
Waiver
(1)
Upon a showing that the operation of any provision in Section 5A-159 or in the Design Manual for Small Wireless Facilities would prohibit or have the effect of prohibiting the provision of service, the Director is authorized to waive any such requirement but only to the minimum extent required for compliance.
(2)
A request to waive any provision of Section 5A-159 should be included in an Application at the time of submission to the TTFCC. A waiver request submitted at any point after the TTFCC's acceptance of a complete Application shall be treated as a modification of an Application within the meaning of Sec. 5A-154(a)(5) and shall be subject to the provisions of that Section.
(3)
In the event the Director denies a request to waive a requirement of Section 5A-159, the denial shall be set forth in a written decision that shall provide the basis and reasoning for the denial. The written decision shall be the final decision of the County for the purposes of the waiver request.
(g)
Municipal Ordinances.
(1)
The provisions of Section 5A-159 do not alter the authority of any municipality to regulate small wireless facilities in its right-of-way or preempt the adoption or operation of any ordinance enacted by a municipality to regulate small wireless facilities within its municipal right of way.
(2)
A municipality that enacts an ordinance to regulate small wireless facilities within in its municipal right-of-way, or amends an existing ordinance to regulate small wireless facilities within its municipal right-of-way, shall file a copy of the ordinance with the TTFCC Coordinator.