Ham Radio Antennas

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Ham Radio Antennas and Local Zoning Ordinances
How High Can You Go? By Wayne Greaves WØZW
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Topics

• Public vs. private zoning regulations
• Federal Preemption PRB-1
• What the law requires
• Selected court decisions
• Examination of the Ruidoso ordinance
• What are your options
• Resources

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Zoning Regulations

• Local government zoning ordinances
• Regulates land use for public benefit
• Applies to all citizens in municipality
• Covenants, Conditions Restrictions (CCRs)
• Private land-use regulation
• Entered into voluntarily

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Legal Environment Prior to 1985

• Widely divergent rules from community-to-communit
  y
• Little consistency across zoning decisions
  relevant to amateur antennas
• Building an effective amateur antenna system was
  often not possible in the face of hostile antenna
  ordinances

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Federal Preemption PRB-1

• A Federal Order issued in 1985 which preempts
  the authority of state and local zoning laws
  regulating amateur radio antenna structures
• Localities must heed its provisions
• Does not apply to CCRs
• Language subsequently issued as a Federal
  regulation (Title 47 C.F.R. 97.15)

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Title 47 C.F.R. 97.15

• 97.15 Station Antenna Structures.
• (b) Except as otherwise provided herein, a
  station antenna structure may be erected at
  heights and dimensions sufficient to accommodate
  amateur service communications.

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Title 47 C.F.R. 97.15 (cont'd)

• State and local regulation of a station antenna
  structure must not preclude amateur service
  communications. Rather, it must reasonably
  accommodate such communications and must
  constitute the minimum practicable regulation to
  accomplish the state or local authority's
  legitimate purpose.

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Key Provisions

• Municipalities must
• Reasonably accommodate amateur communications
• Apply minimum practical regulation to accomplish
  the authority's legitimate purpose
• Permit heights and dimensions sufficient to
  accommodate amateur communications

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Justifying Antenna Height
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Another Example
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Selected Court Decisions
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Fixed Height Limits

• Bodony vs. Village of Sands Point NY
• Applicant desired an 86-foot antenna structure
• Zoning Board denied application citing 25-foot
  limit on accessory buildings
• Court ruled that the 25-foot limit was clearly
  inadequate for Bodony's purposes and the Zoning
  Board action did not make a reasonable
  accommodation and therefore is preempted

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Reasonable Accommodation

• Pentel vs. City of Mendota Heights MN
• Applicant provided technical documentation why
  her proposed 68 ft. tower accommodated her
  specific communications needs
• City denied permit stating no factual findings or
  giving no reasons for the denial
• Court ruled against ordinance as it was applied
  finding that it did not reasonable accommodate
  amateur radio communications

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Attempt a Satisfactory Compromise

• Palmer vs. City of Saratoga Springs NY
• Palmer applied for a special use permit allowing
  a 47 ft. retractable tower (allowed limit was 20
  ft.)
• Palmer agreed to many concessions, but the
  Planning Board finally rejected his permit
  request more than 2 years after the initial
  application
• Court found the Board never tried to work out a
  satisfactory compromise and negotiations were
  strictly one-sided ordered grant of application

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Would the Ruidoso Antenna Ordinance Satisfy a
Legal Test?
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Ruidoso Ordinance Permitted Accessory Use, R-1
District

• (7) Amateur radio (HAM) transmitting and
  receiving facilities that do not exceed the
  following standards
• a. Maximum height of each antenna sixty-five
  feet from ground to top of antenna
• b. Maximum height of each support structure
  two-thirds of height of antenna
• c. Maximum width of support structure two feet
  on any side, and provided that no antenna shall
  protrude laterally beyond said support structure
• d. Maximum number of antennas one

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Ruidoso Ordinance Fails Test!
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A Better Ordinance

• 60.70.20 Exempt from regulations in this section
• Amateur radio facility antennas, or a
  combination of antennas and support structures
  seventy (70) feet or less in height ... Radio
  facilities not meeting the requirements of this
  exemption are considered non-exempt, and must
  comply with Section 60.70.45.
• 60.70.45 Non-exempt amateur radio facilities may
  not be erected until a valid building permit has
  been obtained from the City of Beaverton.
• City Of Beaverton, Oregon Municipal Code

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What Can a Ham Do

• Fight - Fight City Hall to put up your antenna
• Flight - Move somewhere with more favorable
  regulations
• Fume - Complain at the local ham club
• Hide - Set up a stealth antenna
• Rule - Work to change the ordinance

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Change the Rules!

• Change an antenna-hostile ordinance into an
  antenna-friendly ordinance
• Requires commitment and perseverance
• Must have a dedicated champion

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A Road Map for Change

• Prepare gather information
• Plan design strategy
• Execute put plan in motion
• Persevere - deal with set backs

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Prepare

• Obtain sample ordinances
• Contact experts at ARRL
• Obtain white papers court decisions
• Locate spokespeople who can testify

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Plan

• Learn structure of the Village government
• Learn process for amending Ordinances
• Understand timing constraints of committee and
  city council meetings
• Package proposal to present to allies on City
  Staff and in the City Council

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Execute

• Work with city staff to gain buy-in for changing
  the ordinance
• Get your champion to introduce the ordinance as
  new business
• Make expert information available to council
• Help your council champion to shepherd the bill
  through committees, work sessions, commissions,
  and council hearings
• Keep troops engaged from the first committee
  hearing to final passage

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Things That Are Helpful

• RACES or ARES participation in local Emergency
  Management
• Amateur Radio Volunteer support for municipal
  events
• Amateurs in elected or staff positions
• Active local Amateur Radio club
• People who know how to testify in public hearings

• Respectful letters, emails, and phone calls
• Amateur Radio program in the local schools
• News clipping of Amateur Radio contributions to
  the community
• Inviting public official to Field Day - showcase
  emergency field communications

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Things That Don't Help

• Do not propose arbitrary restrictions that
  hostile council members and zoning committee
  members will seize
• Name calling, bullying, and threats of
  litigation
• Asking for too much or too little
• Inappropriate dress at public hearings

• Failing to show up on time to meetings
• Testimony from hams living outside the city
• Careless or haphazard presentations
• Disruptive demonstrations in public meetings

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Overcoming Objections

• Property Value - Point out that no house next to
  a property with an antenna has had its assessment
  reduced
• Safety - Point out that having an antenna
  support structure does not raise residential
  insurance rates
• Aesthetics - Point out that higher is better and
  show photos to prove that tall antenna structures
  have less real visual impact than lower antennas
• Needs of the Community - A local balancing of
  interests argument is not legal under PRB-1
• RFI The FCC has sole regulatory jurisdiction
  on such matters. Point out that higher is
  better, the higher amateurs can put antennas,
  the less chance there is for RFI

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Resources

• Antenna Zoning for the Radio Amateur by Fred
  Hopengarten, K1VR

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More Resources

• http//www.qth.com/antennazoning
• ARRL PRB-1 Web page
• ARRL Volunteer Counsel and Volunteer Consulting
  Engineer Programs
• Antenna Height and Communications Effectiveness
  A Guide for City Planners and Amateur Radio
  Operators, 2nd Edition, ARRL

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Don't Give Up, Never Give Up!