Wireless communications infrastructure; zoning. (HB1258)

Introduced By

Del. Terry Kilgore (R-Gate City) with support from co-patron Del. Kaye Kory (D-Falls Church)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Zoning for wireless communications infrastructure. Establishes parameters regarding applications for zoning approvals for certain wireless support structures. Applications for certain new wireless support structures that are 50 feet or less above ground level and for the co-location on an existing structure of a wireless facility that is not a small cell facility are exempt from requirements that they obtain a special exception, special use permit, or variance, though a locality may require administrative review for the issuance of any zoning permits or an acknowledgement that zoning approval is not required for such projects. Aspects of the zoning approval process addressed in this measure include periods for approval or disapproval of applications; a requirement that applications are deemed approved if not approved or disapproved within the applicable period; application fees; a prohibition against unreasonably discriminating between applicants and other wireless services providers, providers of telecommunications services, and nonpublic providers of cable television and electric services; and limits on the number of new wireless support structures that can be installed in a specific location. The measure prohibits a locality, in its receiving, consideration, and processing of an application for zoning approval, from engaging in certain activities. The measure states that it does not prohibit a locality from disapproving an application submitted under a standard process project on the basis of the availability of existing wireless support structures within a reasonable distance that could be used for co-location at reasonable terms and conditions without imposing technical limitations on the applicant. The measure also requires that any publicly owned or privately owned wireless service provider operating within the Commonwealth or serving residents of the Commonwealth shall, by January 1, 2019, and annually thereafter until January 1, 2025, provide to the Department of Housing and Community Development a report detailing, by county, city, or town, enhanced service capacity in previously served areas and expansion of service in previously unserved geographic areas that are provided access to wireless service. This bill is identical to SB 405. Read the Bill »


Bill Has Passed


01/10/2018Prefiled and ordered printed; offered 01/10/18 18102258D
01/10/2018Referred to Committee on Commerce and Labor
01/22/2018Impact statement from DHCD/CLG (HB1258)
02/01/2018Reported from Commerce and Labor with substitute (17-Y 2-N) (see vote tally)
02/01/2018Committee substitute printed 18106428D-H1
02/05/2018Read first time
02/06/2018Passed by for the day
02/07/2018Passed by for the day
02/08/2018Read second time
02/08/2018Committee substitute agreed to 18106428D-H1
02/08/2018Amendment by Delegate Ware agreed to
02/08/2018Engrossed by House - committee substitute with amendment HB1258EH1
02/08/2018Printed as engrossed 18106428D-EH1
02/09/2018Read third time and passed House (56-Y 41-N 2-A)
02/09/2018VOTE: PASSAGE (56-Y 41-N 2-A) (see vote tally)
02/12/2018Constitutional reading dispensed
02/12/2018Referred to Committee on Commerce and Labor
02/26/2018Reported from Commerce and Labor with substitute (13-Y 0-N 1-A) (see vote tally)
02/26/2018Committee substitute printed 18107477D-S1
02/28/2018Constitutional reading dispensed (40-Y 0-N) (see vote tally)
03/01/2018Read third time
03/01/2018Committee substitute rejected 18107477D-S1
03/01/2018Reading of substitute waived
03/01/2018Floor substitute printed 18107802D-S2 (McDougle)
03/01/2018Substitute by Senator McDougle agreed to 18107802D-S2
03/01/2018Engrossed by Senate - floor substitute HB1258S2
03/01/2018Passed Senate with substitute (21-Y 15-N 4-A) (see vote tally)
03/05/2018Placed on Calendar
03/05/2018Senate substitute agreed to by House 18107802D-S2 (51-Y 46-N 2-A)
03/05/2018VOTE: ADOPTION (51-Y 46-N 2-A) (see vote tally)
03/07/2018Bill text as passed House and Senate (HB1258ER)
03/07/2018Signed by Speaker
03/08/2018Bill text as passed House and Senate reprinted (HB1258ER)
03/09/2018Signed by President
03/15/2018Enrolled Bill communicated to Governor on March 15, 2018
03/15/2018G Governor's Action Deadline Midnight, April 9, 2018
04/09/2018Governor's recommendation received by House
04/18/2018House concurred in Governor's recommendation (87-Y 9-N 2-A)
04/18/2018VOTE: ADOPTION (87-Y 9-N 2-A)
04/18/2018Senate concurred in Governor's recommendation (38-Y 0-N 1-A)
04/18/2018Reconsideration of Governor's recommendation agreed to (38-Y 0-N)
04/18/2018Senate concurred in Governor's recommendation (35-Y 0-N 4-A)
04/18/2018G Governor's recommendation adopted
04/18/2018Reenrolled bill text (HB1258ER2)
04/18/2018Signed by Speaker as reenrolled
04/18/2018Signed by President as reenrolled
04/18/2018Enacted, Chapter 835 (effective 7/1/18)
04/18/2018G Acts of Assembly Chapter text (CHAP0835)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 29 minutes.