V.I. Code tit. 29, § 294a (2019)
2019 US Virgin Islands Code|Title 29 - Public Planning and Development|Chapter 5 - Building Code|Subchapter II - Permits, Appeals, and Fees|§ 294a. Wireless facilities and wireless support structures

 (a) It is unlawful for any person to construct a wireless facility or a wireless support structure or substantially modify an existing structure without an approved application issued by the Department in compliance with this section, in addition to the permit required in section 294 of this chapter, and compliance with the regulations promulgated by the Commissioner. (b) The Commissioner shall plan for and regulate the siting and construction of wireless support structures and the substantial modification of existing structures. (c) The Commissioner through regulations not inconsistent with this chapter, chapter 3 of this title and 47 USC 151 et seq., The Communications Act of 1934, shall prescribe: (1) Application procedures for permits for construction of wireless facilities and support structures, the substantial modification of existing structures and special application procedures for temporary wireless facility permits not inconsistent; with this chapter; (2) Contents of applications, and terms and conditions of permits; (3) Procedures for revocation, suspension and modification of permits; (4) Procedures for removal of abandoned and discontinued wireless facilities and support structures after reasonable notice to owners; (5) Limitations on size of equipment shelters associated with wireless facilities or wireless support structures and heights of support structures; (6) Restrictions relating to construction of facilities in the areas of wetlands, established concentrations of migratory, or daily movement flyways and measures for protecting other sensitive habitats and protection from obstruction of scenic views; (7) Procedures for collocation of wireless facilities on existing structures, including, exemptions for application fees or other application requirements; (8) Requirements for owners of towers to conduct inspections; (9) Requirements for compliance of previously permitted towers; (10) Reasonable application and other administrative fees; (11) Such other procedures, requirements, limitations or restrictions considered necessary by the Commissioner. (d) The Commissioner shall by regulations require applicants for wireless support structures to provide a commercial surety bond, property bond proof of general liability insurance with a minimum single limit amount of $1,000,000, or other form of financial guarantee acceptable to the Commissioner on behalf of the Government, in such amount as the Commissioner through regulations may determine is sufficient to cover the costs of removal and disposal of the wireless support structure and components, if necessary. (e) Upon receipt of a completed application and all documentation required for a wireless support structure or substantial modification of an existing structure, the Department shall hold a public hearing on the application no later than 60 days after receipt of a completed application. The Commissioner through regulations shall establish procedures for notice of the hearing to and participation of adjoining property owners located within a distance of at least 500 feet from the proposed structure and the notice and the participation of the general public in the hearing, the contents of the notice sufficient to give the public information of the general purpose of the hearing and the time and place of the hearing, and other procedures necessary for conducting the hearing. (f)  (1) Collocations or modifications that are not substantial, as defined in subsection (g), paragraph (2) may not be construed as an expansion, enlargement or increase in intensity of a non-conforming wireless facility or wireless support structure and use must be permitted through such administrative process, as considered appropriated by the Commissioner of Planning & Natural Resources. (2) For purposes of this section the term, “collocation”, means the placement or installation of wireless facilities on an existing structure, including a Tower in a manner that negates the need to construct a wireless support structure. (g)  (1) Substantial modification, as defined in paragraph (2) may be made to a non-conforming wireless facility or wireless support structure, pursuant to the regulations promulgated under this section. (2) Ordinary maintenance may be performed on wireless facilities and wireless support structures that do not meet the height or setback requirements of the regulations promulgated pursuant to this chapter. (A) increase the existing vertical height of an existing structure by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; or (B) involve adding an appurtenance to the body of a existing structure that would protrude horizontally from the edge of the existing structure more than 20 feet, or more than the width of the existing structure at the level of the appurtenance, whichever is greater, except where necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure via cable. (3) As used in this section “substantial modification” means, changes to an existing structure for the purpose of placing or rearranging wireless facilities which would: (h) To ensure the Virgin Islands continue to provide its citizens with the best available technology for responding to emergencies and to allow for better protection of lives and property, the Virgin Islands 911 System and other emergency alert systems must be positioned on wireless facilities that contain the best available technology and positioning must occur at minimal cost to the government.