Small Cell Permit

Small Cell Right-of-Way Permits

Effective April 1, 2019, the City of Beaumont has a new application process for small-cell facilities in the public right-of-way. This process allows for the installation of small cell facilities on existing, new, privately-owned and publicly-owned structures (ex: streetlight poles) within the public right-of-way.

The new process is in accordance with Texas Local Government Code, Chapter 284, enacted by the State of Texas on June 9, 2017. Small-cell facilities are typically comprised of network nodes, antennas, associated wireless equipment, and transportation facilities.

Important

Small cell antennas and small cell poles on private properties are permitted through the Building Codes Department at 409-880-3762. Prior to applying for permits, get addresses for proposed small cell antennas/poles through Planning Department at 409-880-3764.

Follow these steps for submission, review and approval of installation of small cell facilities in the public rights-of-way: Project Deliverables for Small Cell (PDF)

Step 1: Determine Type of Project

Before applying for the permits required for installation of small-cell facilities on new or existing structures within City of Beaumont public rights-of-way, determine if your project meets the definition of a small-cell facility in the Right-of-Way Ordinance. Applicant is required to review City of Beaumont Right-of-Way Ordinance (PDF) (Ordinance Number 19-017).

Step 2: Registration of Small Cell Network Provider

Before applying for the permits, the network provider seeking to install small cell facilities must register with the City of Beaumont Engineering Department by submitting an application checklist (PDF) and application form (PDF). A Certificate of Insurance (PDF) is required.

Step 3: Submit Required Application

Submit required application in-person at:
801 Main Street
Suite 200
Beaumont, TX 77701

or by email to Small Cell Permits.

Permit for installation of network nodes, poles, and/or transport facilities: this is the required permit application for all small cell projects. Traffic control plans shall be included within the plans if lane closures are needed. Designate on the application whether the permit is for network nodes, poles or transport facilities. Blank applications can be picked up at the address noted above.

Step 4: Application Review Process

The following review processes are applicable based on the type of permit listed:

City of Beaumont has 30 days to complete the initial review of each network node permit application and applicants will be notified by the City of Beaumont Engineering Department whether the permit application is incomplete and what specific information is missing.

City of Beaumont has 30 days to complete the initial review of each support pole permit application and applicants will be notified by the City of Beaumont Engineering Department whether the permit application is incomplete and what specific information is missing.

City of Beaumont has 10 days to complete the initial review of each transport facility permit application and applicants will be notified by the City of Beaumont Engineering Department whether the permit application is incomplete and what specific information is missing.

Once the application is deeded complete during initial reviews, City of Beaumont Engineering Department will review the entire permit and notify the applicant of approve or disapprove status as follows:

  1. Within 60 days for network nodes.
  2. Within 150 days for support poles.
  3. Within 21 days for transport facilities.

Once the permit is approved, City of Beaumont Engineering Department will notify the applicant of approved status and the applicant can pick up the permit at the engineering permit services counter at:
City Hall
801 Main Street
Suite 200
Beaumont, TX 77701

48 hours prior to start of work, applicant is required to contact City of Beaumont Public Works at 409-880-3725. The applicant has 6 months to complete the work from date of approval.

Application Requirements

  1. A fully completed and signed permit application as noted (Step 3). The permit will be issued in the name of the network provider that will own the facilities.
  2. All application fees paid at time of submittal. Currently, City of Beaumont Engineering Department only accepts payment in form of checks. Applications will be turned away if payments do not accompany the applications.
  3. If applicable, an applicant proposing collocation on a city-owned service pole must submit a copy of the sign Pole Attachment Agreement (PDF) with the city allowing the collocation at the pole's specific address at the time of filing the permit application. The contract form will be available soon. An applicant proposing collocation on any other pole must submit a signed agreement with the pole's owner allowing for the collocation at the pole's specific address at the time of filing the permit application. For example, if small cell facilities will be attached to Entergy poles, approval from Entergy is required for each pole and each pole must have a specific address.
  4. On the application, each proposed small cell facility installation location shall have an address. Address assignment can be obtained by working with the GIS division in the City of Beaumont Planning Department. Call 409-880-3764 for assistance. Listing multiple addresses on an application is acceptable. Please provide aerial map of exact locations of proposed facilities.
  5. On the application, each proposed small cell installation shall also designate which zoning district it will be located within. Zoning district designation helps identify whether the proposed installation will be in historic or design districts or other regulated areas. Obtain zoning district information by contacting the City of Beaumont Planning and Zoning Department at 409-880-3764. The applicant shall disclose if the applicant proposes that the facilities will be located in: a design district, historic district; within 300 feet of public art; near a historic site, or a structure or landmark recognized as historic district by the city, state or federal government; within a park; within a residential district; or in an area that has undergrounding requirements.
  6. One set of plans in PDF format on a CD or USB flash drive and six sets of hard copy plans (11 by 17 inches minimum) must be included with the application and shall include the following:
    1. Approval from the owner of the structure granting permission to the wireless service provider to collocate equipment on each existing structure associated with such permit.
    2. Vicinity map drawn to a scale of 1 inch = 500 feet or larger showing the locations of existing structure(s) to which small cell facilities shown on each application are proposed to be attached. The map must show strict conformity with all distance and spacing requirements. All locations will be reviewed for potential conflicts with pending City of Beaumont CIP projects and any identified conflicts may require revisions to the proposed small cell facility installation location(s). Identify other small cell installations within the vicinity.
    3. If proposed installation lies within a right-of-way of another agency (TxDOT, JCDD6, etc.), the applicant must provide evidence of a permit from the appropriate agency at the time of application.
    4. The type(s) of equipment to be attached and/or installed at each location. The Right-of-Way Ordinance prohibits more than one network node on any one pole.
    5. The plans shall show an elevation profile indicating the height and dimensions of each existing structure.
    6. The plans shall depict and dimension any and all infrastructure proposed to be installed to support the small cell facility, including but not limited to: any equipment located within the right-of-way, antennas, meters, concealment boxes, grounding equipment, power transfer or cut-off switches, cabinets, vertical cable runs, horizontal fiber runs, the power source locations. Include the cubic feet of antennae, the cubic feet ancillary wireless equipment associated with each facility installation location, and the total cubic feet combined.
    7. For equipment attached to poles, State of Texas engineer's seal, signature, date is required.
    8. For underground transport facilities plans, bore work require profile at all crossing for twelve (12) inches or larger water and sewer lines. As-built drawings of City of Beaumont existing water and sewer lines can be obtained by contacting City of Beaumont Water Utilities at 409-880-3715 and storm lines can be obtained by contacting City of Beaumont Engineering division at 409-880-3725. Field verification shall always be performed. As-built drawings may differ from current conditions.
    9. Provide Traffic Control Plan (TCP) for review.
    10. Provide a dated aerial photograph of the overall site depicting the site's relation to major streets and highways and poles. For any application requesting a new pole, "street view" photos are required showing the before and after conditions. NOTE: Google Earth street views are not acceptable.
    11. An analysis indicating that the proposed facilities will not interfere with city safety communications.
    12. For transport service, if third party transport services are used, the application must provide documentation that the third party provider is paying city fees and that the applicant has received written permission to use the specifically addressed transport services.
    13. The permit issued pursuant to this application is conditional. There are pending state and federal court challenges to the lawfulness of Local Government Code Chapter 284 and FCC Order 18-133 regulating the use of public rights-of-way. At the time of application, providers will be charged fees established by Local Government Code Chapter 284. The City of Beaumont hereby reserves the right to charge and provider shall be responsible for the payment of the balance of the fees established by Ordinance 19-017 ad codified as Chapter 14, Article 14.03, Division 4, Right-of-Way Regulations should the challenges prevail. The outcome of the pending challenges will determine the future status of the permit issued.
    14. Small Cell Review Checklist (PDF)

Application Fees

The following fees are due at the time of submittal of the application for the small cell right-of-way permit:

  • $500 for each permit application containing up to five network nodes. Maximum of 30 network nodes per application.
  • $250 for each additional network nodes beyond five.
  • $1,000 for each new network node support pole.
  • For electric permit fees and submittals, please contact Building Codes at 409-880-3762.

Monthly & Annual Fees

The city collects all monthly and annual fees permitted by Texas Local Government Code, Chapter 284, for small cell facilities on an annual basis. All fees will begin to accrue six months after approval of the right-of-way permit. Small Cell Agencies will receive separate requests for payment of these fees. Annual fees will not be pro-rated or delayed; for example, permit holders incurring fees for the first time in August of any particular year will be charged the same fee as those incurring fees for the first time in March.