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Re: [TowerTalk] HOA's or LOA's - Read this one

Subject: Re: [TowerTalk] HOA's or LOA's - Read this one
From: "Cecil Moore" <>
Date: Mon, 08 Jan 2007 15:32:15 -0600
List-post: <>
I'm buying a house in Tyler, TX. The city planning commission told me I couldn't have any
"structure" taller than 16' that wasn't attached to the house. Here's a document that I
composed for them:


Tex. Loc. Gov't Code Ann. § 250.002 (Vernon 2005)


(a) A municipality or county may not enact or enforce an ordinance or order that does not comply with the ruling of the Federal Communications Commission in "Amateur Radio Preemption,

101 FCC 2nd 952 (1985)" or a regulation related to amateur radio service adopted under 47 C.F.R. Part 97.

(b) If a municipality or county adopts an ordinance or order involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance or order must:

(1) reasonably accommodate amateur communications;


(2) represent the minimal practicable regulation to accomplish the municipality's or county's legitimate purpose.

(c) This section does not prohibit a municipality or county from taking any action to protect or preserve a historic, historical, or architectural district that is established by the municipality or county or under state or federal law.

Added by Acts 1999, 76th Leg., ch. 68, § 1, eff. May 10, 1999.


Quoting Part 97.15 Station antenna structures, from the FCC regulations:

"(e) Except as otherwise provided herein, a station antenna structure may be erected at heights and dimensions sufficient to accommodate amateur service communications. [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. See PRB-1, 101 FCC 2d, 952 (1985) for details.]"

PRB-1 is available at:
73, Cecil,

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