Small wireless facilities in the ROW; maximum height; other requirements.
Winston-Salem Code of Ordinances § 79-5
in effectSec. 79-5. - Small wireless facilities in the ROW; maximum height; other requirements.
(a) Maximum size of permitted use. A wireless provider may collocate small wireless facilities along, across, upon, and under any city right-of-way, subject to the requirements of this chapter and applicable federal and state laws, rules, and regulations. Subject to this chapter and applicable federal and state laws, rules, and regulations, a wireless provider may also place, maintain, modify, operate and replace associated utility poles, city-owned poles, conduit, cable, and related appurtenances and facilities along, across, upon, and under any city right-of-way. The placement, maintenance, modification, operation and replacement of utility poles and city-owned poles associated with the collocation of small wireless facilities, along, across, upon, and under any city right-of-way shall be classified as permitted uses and subject only to administrative review or approval under section 79-4 if the wireless provider meets the following requirements:
(1) Each new utility pole and each modified or replacement utility pole or city-owned pole installed in the right-of-way shall not exceed 50 feet above ground level.
(2) Each new small wireless facility in the right-of-way shall not extend more than ten feet above the utility pole, city-owned pole or wireless support structure on which it is collocated.
(3) Nothing in this section shall be construed to prohibit the city from allowing utility poles, city-owned poles, or wireless facilities that exceed the limits set forth herein.
(4) Relay towers and other towers taller than 50 feet shall be considered transmission towers for purposes of this chapter and, regardless of whether the towers are located within the public right-of-way or no, all relay and other towers taller than 50 feet shall be treated under the tall cell sections of the UDO.
(b) Other requirements. Any wireless provider that seeks to construct or modify a utility pole, wireless support structure, or wireless facility shall be subject to the following requirements:
(1) Collocations of small wireless facilities are preferred on existing poles, where feasible.
(2) Installations of small wireless facilities are preferred at property lines and street corners where feasible.
(3) Wireless facilities shall be located such that they do not interfere with public health or safety facilities, equipment, or operations, such as, but not limited to, a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility or equipment. New wireless facilities shall not be installed directly over any water, sewer, refuse, drainage, gas, steam, power, or electrical main, service line, or other infrastructure, without the city's and the line owner's express, prior, written consent.
(4) New, modified/altered, and replacement wireless support structures, erected, modified/altered, or replaced for the installation or collocation of small wireless facilities shall be made of the same type of material as existing poles in the immediate area. Applicant may request a variance of this provision from the city.
(5) Any tree-disturbing activity necessary for the installation or collocation of small wireless facilities shall comply with the city's tree ordinance.
(6) Wireless support structures shall not be lighted or marked by artificial means, except when mounted on an existing light pole or where illumination is specifically required by the Federal Aviation Administration or other federal, state, or local laws, rules, or regulations. Notwithstanding the preceding sentence, the mounting of small wireless facilities on light poles is permitted, subject to the requirements of this chapter, applicable codes, the city Code, and the UDO.
(7) A wireless provider shall repair, at its sole cost and expense, any damage, including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to state, city, public, and private streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, above- and below-ground utility lines and systems (including, but not limited to, water, sewer, drainage, gas, and power/electricity), and all other public and private improvements of any kind or nature, that result from any activities performed in connection with the occupation, installation, collocation, maintenance, inspection, repair, or replacement of a wireless facility, wireless support structure, city-owned pole, or utility pole in the public right-of-way. The wireless provider shall restore such areas, structures, and systems to the same functional equivalence that existed prior to the activity that necessitated the repairs. The wireless provider shall maintain all wireless facilities, wireless support structures, and other facilities and system elements in a neat and clean manner.
(8) Small wireless facilities shall not be permitted in historic districts and will only be allowed in historic overlay districts when they comply with the FCC's Nationwide Programmatic Agreement for the Collocation of Wireless Antennae Executed by the FCC, the National Conference of State Historic Preservation Officers, and the advisory council on historic preservation.
(9) All small wireless facilities, wireless support structures, new or replacement utility poles and city-owned poles, and their associated wireless facilities shall be camouflaged, disguised, hidden, and blended in with the surrounding environment to the maximum extent practicable.
(10) No wireless facility may bear any signs or advertising devices other than certifications, warnings, or other information, as required by federal or state law and/or regulation or by the city Code or UDO.
(11) New wireless facilities on existing poles shall comply with otherwise applicable rules imposed by the pole owner and city including, when applicable, the National Electric Safety Code.
(c) Undergrounding provisions. Applicants for use of a city right-of-way shall comply with the city's undergrounding requirements, prohibiting the installation of above-ground structures in the city rights-of-way, without prior zoning approval, provided the city's requirements (i) are non-discriminatory with respect to the type of utility, (ii) do not prohibit the replacement of structures existing at the time of the requirements' adoption, and (iii) allow for a waiver process. Applicants may seek a special use permit to place above-ground structures in areas where the undergrounding requirements apply.
Notwithstanding anything to the contrary herein, in no instance shall a utility pole, city-owned pole, or wireless support structure exceed 40 feet above ground level in any area zoned single-family residential, where the existing utilities are installed underground, unless the city grants a waiver or variance approving a taller utility pole, city-owned pole, or wireless support structure.
(Ord. No. 29198, 8-21-17)
Source: City of Winston-Salem, North Carolina, Code of Ordinances, City Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/nc/winston-salem/codes/code_of_ordinances?nodeId=PTIIICOOR_CH79SMWIFA_S79-5SMWIFAROMAHEOTREFetched: 11/1/2026