West Virginia Code Chapter 31G. Broadband Enhancement and Expansion Policies § 31G-5-4. Exceptions to the management of vertical real estate

(A) The rental of that vertical real estate would potentially affect the operations of any public safety, emergency management or homeland security operations: Provided, That if there is a showing that a reasonable, technically feasible, nondiscriminatory design can prevent such adverse effect on any public safety, emergency management or homeland security operations then such management may occur; or

(B) It would have an adverse effect on historic preservation of a property: Provided, That if there is a showing that a reasonable, technically feasible, nondiscriminatory, and technologically neutral design or concealment measures can prevent such adverse effect on the property's historic preservations then such management may occur.