Kentucky Revised Statutes

Ky. Rev. Stat. § 278.650 (2026)

Procedures for proposals to construct antenna towers in an area outside

✓ current as of May 2026

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the jurisdiction of a planning commission -- Hearing -- Building permit fee. If an applicant proposes construction of an antenna tower for cellular telecommunications services or personal communications services which is to be located in an area outside the jurisdiction of a planning commission, or outside the jurisdiction of the secretary of the Finance and Administration Cabinet pursuant to KRS 56.463(4)(a), the applicant shall apply to the Public Service Commission for a certificate of public convenience and necessity pursuant to KRS 278.020(1), 278.665, and this section. The commission shall convene a local public hearing on the application upon the receipt of a request from the local governing body or from not less than three (3) interested persons that reside in a county or municipal corporation in which the tower is proposed to be constructed. In reviewing the application, the commission may take into account the character of the general area concerned and the likely effects of the installation on nearby land uses and values. A local government may charge a fee for a building permit, in connection with the construction or alteration of any structure for cellular telecommunications services or personal communication services, if the fee does not exceed that charged for any other commercial structure of comparable cost of construction. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 74, sec. 2, effective July 15, 2016. -- Amended 2002 Ky. Acts ch. 343, sec. 6, effective April 23, 2002; and ch. 346, sec. 222, effective July 15, 2002. -- Created 1996 Ky. Acts ch. 383, sec. 2, effective July 15, 1996. Legislative Research Commission Note (4/23/2002). This section was amended by 2002 Ky. Acts ch. 343, sec. 6, and ch. 346, sec. 222, which appear to be in conflict. The changes made by ch. 346 are revisory in nature, while the changes made by ch. 343 are substantive. The changes of ch. 343 have been allowed to prevail. Cf. KRS 7.123.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2010–2023 · leading case: Kentucky Pub. Serv. Comm'n v. Shadoan, 325 S.W.3d 360 (Ky. 2010).

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Kentucky Pub. Serv. Comm'n v. Shadoan, 325 S.W.3d 360 (Ky. 2010). · cites it 10× “The circuit court concluded that the provisions of KRS 278.650 required the PSC to exercise jurisdiction over the matter where the local planning body had formally declined to do so by failing to adopt regulations dealing specifically with construction of cell phone towers.”

Sba Commc'ns Corp. v. Pub. Serv. Comm'n of Kentucky (Ky. Ct. App. 2023). · cites it 4× “020; KRS 278.650; and KRS 278.665. As part of the application, the entity seeking to build the tower must provide the following: A statement that the utility has considered the likely effects of the installation on nearby land uses and values and has concluded that there is no…”

Iola Capital v. Pub. Serv. Comm'n of Kentucky (Ky. Ct. App. 2022). “714(2)(e); and cellular antenna towers in KRS 278.650. In contrast, there are no notice requirements for CPCNs governing natural gas pipelines in the relevant statutes and regulations.”

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