Section 6409(a) of the Middle Class
LAND USE APPLICATION Tax Relief and Job Creation Act of 2012
Wireless Exemption Letter
Page 1 of 2
Updated 02/05/2020
Department of Community Development
801 228th Avenue SE
Sammamish, WA 98075-9509
Phone: 425-295-0500
Fax: 425-295-0600
Web: www.sammamish.us
www.mybuildingpermit.com
Wireless Exemption Letter
A wireless exemption from a land use permit may be granted for an eligible facilities request when
the modification of an existing wireless tower or base station does not substantially change the
physical dimensions of such tower or base station, based on definitions established by Section
6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, further refined in 47 CFR §
1.40001(b), and referenced in Sammamish Municipal Code (SMC) 21A.55.040. “Request” means
any request for modification of an existing wireless tower or base station that does not substantially
change the physical dimensions of such tower or base station.
A modification substantially changes the physical dimensions of an eligible support structure – and is
therefore ineligible for an exemption – if it meets any of the following criteria:
For towers other than towers in the public rights-of-way, it increases the height of the tower by
more than 10% or by the height of one additional antenna array with separation from the
nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more than 10% or more than ten
feet, whichever is greater.
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to
the body of the tower that would protrude from the edge of the tower more than twenty feet, or
more than the width of the tower structure at the level of the appurtenance, whichever is
greater; for other eligible support structures, it involves adding an appurtenance to the body of
the structure that would protrude from the edge of the structure by more than six feet.
For any eligible support structure, it involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed four cabinets.
For towers in the public rights-of-way and base stations, it involves installation of any new
equipment cabinets on the ground if there are no pre-existing ground cabinets associated with
the structure, or else involves installation of ground cabinets that are more than 10% larger in
height or overall volume than any other ground cabinets associated with the structure.
It entails any excavation or deployment outside the current site.
It would defeat the concealment elements of the eligible support structure.
It does not comply with conditions associated with the siting approval of the construction or
modification of the eligible support structure or base station equipment, provided however that
this limitation does not apply to any modification that is non-compliant only in a manner that
would not exceed the thresholds identified in 47 CFR § 1.40001(b)(7)(i) through (iv).
If you are requesting an exemption, please describe your request and demonstrate compliance with
the above information and complete definitions from 47 CFR § 1.40001 in a project narrative.
Projects that do not meet the definition of an eligible facilities request will require land use review.