Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 19.00 - Small Wireless Facility and New Small Cell Structure Licensing › Section 19.03 - Siting Requirements

Current through Register 1525, July 5, 2024
302 CMR 19.03 addresses safety, operational, and aesthetic
				requirements for DCR Rights of Way.
(1)
			 A Small Wireless Facility or Structure is not permitted where it will block or
			 restrict access to the Right of Way for DCR maintenance equipment, pedestrians,
			 wheelchairs, Other Powered-driven Mobility Devices, bicycles, and other users.
			 Siting shall comply with the requirements and regulations of the Americans with
			 Disabilities Act (ADA) and the Architectural Access Board (AAB).
(2) A Small Wireless Facility or Structure is
			 not permitted where it may block or limit sight lines, such that it may affect
			 safety on DCR's Rights of Way.
(3)
			 On Rights of Way with curbs, new Structures must be set 12 inches from the face
			 of the curb.
(4) When a new
			 Structure is proposed to be placed in an area that is not paved, the Structure
			 must be placed on a concrete pad approved by DCR.
(5) A Small Wireless Facility or Structure is
			 not permitted in a Location where, in DCR's reasonable judgment, it will hinder
			 routine maintenance of DCR Rights of Way including, without limitation,
			 vegetation mowing or trimming, and snow/ice clearing.
(6) A Small Cell Wireless Facility or
			 Structure must leave clearance of at least 48 inches on any sidewalk.
(7) Unless an existing wood pole is being
			 proposed for use, wiring and utility connections must be installed on the
			 inside of a pole. On an existing wood pole, wiring and utility connections must
			 be installed in a conduit. In no case may wiring be exposed. If conduit already
			 exists on a wood pole, any new conduit must match the color of the existing
			 conduit. A new conduit must be sized to the smallest dimensions feasible and
			 designed to match the host structure.
(8) Antennae, cabinets, conduit, and other
			 associated equipment mounted on existing Structures must be painted or colored
			 to match the existing Structure, in order to minimize visibility.
(9) Where existing Structures (such as light
			 poles or utility poles) cannot be used for mounting new equipment, replacement
			 Structures should match such nearby existing Structures in location, design,
			 color, texture, finish, and, where possible, materials.
(10) Antennae, cabinets, conduit, and other
			 associated equipment mounted on existing Structures at multiple locations in or
			 along Historic Property or Roadways should feature similar design and positions
			 for a consistent appearance. Applicant bears the burden of demonstrating that
			 compliance with 302 CMR 19.03(10) is not technically feasible, in which case
			 DCR may, in its sole discretion, consider alternative proposals submitted by
			 the applicant.
(11) If DCR's "1907
			 Boulevard" style light poles are used for Small Cells, the height of the pole
			 with the Small Cells shall not exceed 31 feet, and any attachments to such
			 poles must not be out of proportion to the pole.
(12) Other than proposed new Structures that
			 are similar in size, shape and appearance to existing Structures used for
			 telecommunications or utility purposes in the same location or proposed
			 attachments to be placed on an existing Structure which already hosts
			 telecommunication or utility equipment of similar size, shape, and appearance,
			 Small Cell equipment is not permitted within 20 feet of the front or side of a
			 Historic Property that is not a Roadway.
(13) Small Cell equipment shall not interfere
			 with Historic Plantings, especially mature trees. Removal of trees and shrubs
			 is prohibited.
(14) New Structures
			 shall not be placed within the Critical Root Zone of DCR trees, or at least six
			 feet from DCR trees (measured in a circle from the tree trunk), whichever is
			 greater.
(15) Any new Structures
			 must be at least 150 feet from each other or from other existing structures,
			 regardless of carrier or applicant and inclusive of all types of installations,
			 whether Small Cell or other. DCR may approve spacing of a shorter distance
			 based on local conditions, such as preexisting Structures that are closer than
			 150 feet apart.
(16) Repairs and
			 restoration of Historic Properties disturbed by the installation of a Small
			 Cell shall follow the guidelines in the Secretary of the Interior's Standard
			 for the Treatment of Historic Properties, and be conducted by the Licensee its
			 sole cost and expense.
(17) Repairs
			 and restoration of DCR parkways, roadways, and boulevards shall follow DCR's
			 Historic Parkway Preservation Treatment Guidelines and specifications provided
			 by DCR, and shall be conducted by the Licensee at its sole cost and
			 expense.
(18)
Lighting
. When installing lights, Licensee shall
			 comply with the following requirements:
(a)
			 All work to replace damaged or deteriorated shafts of existing DCR street
			 lights or light poles must be performed in accordance with the Light Pole
			 Specifications set forth as an attachment to the License.
(b) Licensee shall conduct and provide a
			 photometric survey to ensure ample and even light flow;
(c) Licensee shall use LED light elements or
			 bulbs;
(d) For any new Structure
			 that replaces a light pole with an existing shield, the new Structure must have
			 a comparable shield in accordance with the specifications attached to the
			 License.
(e) For any installation
			 of a Small Cell on an existing light pole with an existing shield, the shield
			 must be left intact or a comparable shield must be installed in accordance with
			 the specifications attached to the License.
(f) Licensee shall comply with any other DCR
			 specifications to be attached to the License.