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Antenna Restrictions 'How To' Chart
These brief outlines are not substitutes for getting legal advice. ARRL has heard from amateurs who did not obtain legal advice before trying to handle an antenna restriction, and the result was getting a decision that was not to the ham's liking.
Amateurs facing zoning difficulties are highly encouraged to:
1) Read the article "PRB-1 and CC&Rs - What Should I do Now?" from the May 2007 QST;
2) contact an attorney; and
3) obtain Antenna Zoning for the Radio Amateur.
ARRL Volunteer Counsel -- lawyers who are hams -- are listed on the ARRLWeb. The book, Antenna Zoning for the Radio Amateur, is filled with excellent ideas on how to prepare for, and make your presentation and application to a local zoning board. The book is a complete treatise on this subject, and can be ordered on-line or by calling toll free 1-888-277-5289 or by contacting your Amateur Radio book dealer. The cost of the book, which includes a CD-ROM with good examples of zoning presentations, is less than the fee for most zoning applications.
One final warning: DON'T CUT ANY CORNERS! Cutting corners may well weaken your case. Remember: at the hearing, your presentation will be 80% of the battle, and 100% of the basis for any record, if the case ends up going to court.
What is the Type of Antenna Restriction?
Is the local government zoning ordinance a "reasonable accommodation," given your residential environment?
If yes, obtain permit and erect antenna. If no, continue.
What is considered to be a "reasonable accommodation?"
It depends on the:
Must I always obtain a building permit for my antenna installation?
Yes, if the local government requires one, and most do. Never erect an antenna structure without first checking local ordinances and complying with their guidelines or you may face substantial fines per day by the local government for any violations. The only exception is for antennas not regulated by the ordinance. For example, most wire antennas are exempt from local ordinance regulation, but this is not always the case.
Must I obtain a permit even if the ordinance does not make "reasonable accommodation" for amateur radio communications?
Yes. It is always the responsibility of the amateur to demonstrate why the ordinance is unreasonable and why it should be changed.
How can an unreasonable ordinance be changed?
Follow these steps:
1) Get a copy of the ordinance.
2) Read the ordinance.
3) Follow zoning ordinance requirements.
4) See ARRL PRB-1 Package on-line.
5) For the best advice, obtain Antenna Zoning for the Radio Amateur.
6) For local guidance and support, contact local clubs.
7) Contact ARRL Section and Division level officials who may be able to assist.
8) For legal advice contact an ARRL Volunteer Counsel.
9) Make a presentation before local zoning officials:
10) When reasonable, obtain the permit and erect the antenna.
For which items may local government planners zone?
Planners must reasonably accommodate amateur communications to accomplish the local government's legitimate purpose such as regulation of:
Has your state codified PRB-1?
If yes, use it in your presentation; Several states have codified PRB-1 as a state statute.
Has Your State Codified PRB-1?
If not, and you would like for it to, here are suggestions. (Note: PRB-1 does not cover covenant or private land use restrictions.) |
Does PRB-1 apply only to Amateur Radio?
Yes, it does not apply to commercial antennas or any non-amateur antennas.
Is your area's ordinance reasonable now?
If yes, obtain the permit and erect the antenna.
If no because the ordinance tries to regulate RFI, see the RFI preemption section of the ARRLWeb and see Steps 1-8.
If no because the ordinance requires an excessive fee, see Steps 1-8.
If no because the height limitation is fixed and not subject to a conditional or special use permit process, see Steps 1-8.
If no because setback limits are excessive, see Steps 1-8.
If no because the ordinance requires a conditional use permit or variance for all antennas, which often means obtaining permission from all neighbors and paying a non-refundable fee, see Steps 1-8.
If no because the community zones for other than height, setback, placement, health, property values or aesthetic restrictions, see Steps 1-8.
My community says the ordinance IS "reasonable accommodation" but I don't feel that it is. What's next?
See Steps 1-8; obtain legal advice from an ARRL Volunteer Counsel (an amateur who is a lawyer). Consider contacting an ARRL Volunteer Consulting Engineer (an amateur who is a register professional engineer)
Challenge the ordinance on its face or as it applies to you. This is a legal procedure that is potentially extremely expensive and time consuming, and not at all guaranteed of success.
What is the Type of Antenna Restriction?
Will the homeowners association approve a modest antenna?
If yes, erect antenna to their specifics; operate low power.
If no, make presentation before homeowners association:
Note that PRB-1 does not currently cover covenant or private land use regulations.
Why may covenants have no limitations on small DBS dishes and TV antennas, but carry limitations for amateur antennas?
Private land use regulation of Amateur antennas is not preempted by the Telecommunications Act of 1996, but most private land use regulation of DBS dishes and TV antennas is. Congress was interested in promoting competition (and thus lowering costs and improving service) in video delivery services. That legislation had nothing to do with Amateur Radio. ARRL is working to provide extension of the PRB-1 protections for amateurs. Watch ARRL news sources. To help the ARRL effort and for a sample letter you can write your Congressional representatives about providing relief for amateurs see this news story.
What is the Type of Antenna Restriction?
Will the landlord permit an amateur antenna?
If yes, erect antenna to the landlord's specifications.
If no, make a presentation before the landlord:
Note that PRB-1 does not cover leases or rental agreements.
Will the landlord still not permit an amateur antenna?
If no, operate mobile or portable. Or move to a less restrictive dwelling. When you review a lease with a landlord, write language into your lease permitting an amateur antenna with the desired specifications.
Note: If you rent a dwelling, you are bound by your lease. PRB-1 does not apply. Landlords are not required to permit your antenna.