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

(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:

(19) The Small Cell owner's name shall appear on every Small Cell or Small Cell Structure, if applicable, in a font size of between 1/2 and one inch in height, for location identification purposes. No advertising will be permitted on any Small Wireless Facility or Structure.

(20) If a base cabinet is greater than 12 cubic feet in size, the base cabinet must be placed in an underground vault. Applicant bears the burden of demonstrating that compliance with 302 CMR 19.03(20) is not technically feasible, in which case DCR may, in its sole discretion, consider alternative proposals submitted by the applicant.

(21) Small Cell and related equipment which would increase the weight or change the calibration or configuration of a structure which contains traffic signals and, in DCR's sole judgment, would thereby interfere with the structural integrity or proper functioning of the structure or traffic signals or which would otherwise create a safety risk for the traveling public, cannot be installed on existing structures which contain traffic signals.

(22) Licensee shall not occupy or restrict any lane of travel on a Roadway at the following times: