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Re: [TowerTalk] Amateur Radio Tower Ordinances

To: "'Bob K6ZZ'" <bob.selbrede@gmail.com>, <towertalk@contesting.com>
Subject: Re: [TowerTalk] Amateur Radio Tower Ordinances
From: "Steven Gehring" <steven.gehring@gmail.com>
Date: Wed, 22 Nov 2023 22:01:39 -0900
List-post: <mailto:towertalk@contesting.com>
Bob,
Please review the following for ideas.  Alaska law makes sense here.


Alaska Statutes 2022
Sec. 29.35.141.   Regulation of radio antennas. 
 (a) A municipality that regulates the placement, screening, or height of radio 
antennas must reasonably accommodate amateur radio antennas. A municipality may 
require reasonable and customary engineering practices to be followed in the 
erection of amateur radio antennas. A municipality may impose only the minimum 
requirements relating to amateur radio antennas that are necessary to 
accomplish the legitimate purposes intended to be served by the requirements.

 (b) A municipality may not restrict the number of support structures for an 
amateur radio antenna. Based on the most recently published United States 
census, a municipal restriction on amateur radio antenna height may not be 
lower than
     (1) 200 feet above ground level as permitted by the Federal Communications 
Commission in an area with a population density of 120 or less per square mile;

     (2) 75 feet above ground level in an area with a population density of 
more than 120 per square mile for an antenna on a lot that is smaller than one 
acre; or

     (3) 140 feet above ground level in an area with a population density of 
more than 120 per square mile for an antenna on a lot that is one acre or 
larger.

 (c) Subject to (a) and (b) of this section, a municipality may, by ordinance, 
impose requirements to meet clearly defined objectives relating to screening, 
placement, aesthetic, and health and safety factors with respect to the 
erection, maintenance, and operation of amateur radio antennas.

 (d) An ordinance regulating or restricting radio antennas adopted under this 
section may not apply to a radio antenna that was erected before July 26, 2001.

 (e) This section applies to home rule and general law municipalities.


73.
Steve, NL7W

-----Original Message-----
From: TowerTalk <towertalk-bounces@contesting.com> On Behalf Of Bob K6ZZ
Sent: Wednesday, November 22, 2023 2:00 PM
To: towertalk@contesting.com
Subject: [TowerTalk] Amateur Radio Tower Ordinances

Are there any good examples out there that a municipality could adopt/copy to 
create a reasonable ordnance for Ham Radio towers? My new QTH doesn’t have 
anything specific for Ham Radio but they do for commercial towers and Public 
Communications Services (PCS) towers. PCS is something specific in FCC parlance 
and shouldn’t be applied to Amateur Radio IMHO. I’m hoping to talk them into 
creating a simple reasonable ordinance based on successful application 
elsewhere.

Thanks, Bob K6ZZ
Sent from my iPhone
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