Orange County NC Website
SL2013-185 Session Law 2013-185 Page 11 <br />classes of leases, easements, or licenses with an interest in real property for the purposes set <br />forth in this section. The rules may allow for execution of leases or other instruments by the <br />Department of Administration rather than execution of the instruments in the manner <br />prescribed in G.S. 146-74 through G.S. 146-78. <br />(e) Land in the State Parks System, as defined in G.S. 113-449.9, may only be leased or <br />conveyed for the purposes of this section upon the approval of the Secretary of the Department <br />of Environment and Natural Resources. Lease or conveyance of land in the State Parks System <br />for the purposes of this section shall comply with the requirements of Articles 2 and 2C of <br />Chapter 113 of the General Statutes. When selecting a location for a communications tower or <br />antenna in the State Parks System, the State shall choose a location that minimizes the visual <br />impact on the surrounding landscape. No land acquired or developed using funds from the <br />Federal Land and Water Conservation Fund shall be leased or conveyed for the purposes of this <br />section. <br />The following additional requirements shall apply to such leases: <br />(1) The lease shall require the lessee to permit other telecommunications carriers <br />to co-locate on the communications tower on commercially reasonable terms <br />between the lessee and the co-locating carrier until the communications <br />tower reaches its capacity. Unless the State determines that co-location is not <br />feasible at that location, the communications tower shall be designed and <br />constructed to accommodate other carriers on the tower. <br />(2) The State shall, in determining the location of lands to be leased for <br />communications towers, encourage communications towers to be located <br />near other communications towers to the extent technically desirable. <br />(3) The State shall, when choosing a communications tower or antenna location, <br />choose a location which minimizes the visual impact on surrounding <br />landscape. <br />(4) The State shall not lease lands of the State Parks System for such purposes. <br />For purposes of this section, "co-locate and co-location" mean the sharing of a <br />communications tower by two or more services. <br />(f) City and county ordinances apply to communications towers and antennas <br />authorized under this section." <br />SECTION 4. Sections 1 and 2 of this act become effective October 1, 2013, and <br />apply to applications received on or after that date. The remainder of this act is effective when <br />it becomes law. <br />In the General Assembly read three times and ratified this the 18th day of June, <br />2013. <br /> <br /> <br /> s/ Tom Apodaca <br /> Presiding Officer of the Senate <br /> <br /> <br /> s/ Thom Tillis <br /> Speaker of the House of Representatives <br /> <br /> <br /> s/ Pat McCrory <br /> Governor <br /> <br /> <br />Approved 4:08 p.m. this 26th day of June, 2013 <br />18