This division does not apply to a project undertaken by any entity, including a public entity or private or nonprofit corporation, that consists of linear broadband deployment in a right-of-way, including a right-of-way of a local street or road, if the project meets all of the following conditions:
The project is constructed along, or within 30-feet of, the right-of-way of any public road or highway.
The project is either deployed underground where the surface area is restored to a condition existing before the project or placed aerially along an existing utility pole right-of-way.
The project incorporates, as a condition of project approval, measures developed by the Public Utilities Commission, the Department of Transportation, or the city, county, or city and county responsible for the right-of-way to address potential environmental impacts. At minimum, the project shall be required to include monitors during construction activities and measures to avoid or address impacts to cultural and biological resources.
The project applicant agrees to comply with all conditions otherwise authorized by law, imposed by a city, county, or city and county as part of a local agency permit process, that are required to mitigate potential impacts of the proposed project, and to comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), as applicable, other applicable state laws, and all applicable federal laws.
If a project meets all of the requirements of subdivision (a), the person undertaking the project shall do all of the following:
Notify, in writing, any affected public agency, including, but not limited to, any public agency having permit, land use, environmental, public health protection, or emergency response authority, of the exemption of the project pursuant to this section.
Provide notice to the public in the area affected by the project in a manner consistent with subdivision (b) of Section 21108.
In the case of private rights-of-way over private property, receive from the underlying property owner permission for access to the property.
Comply with all conditions authorized by law imposed by a city, county, or city and county as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and otherwise comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), as applicable, other applicable state laws, and all applicable federal laws.
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