I would check with the ARRL local rep and see if there is a Volunteer Counsel
in Alabama. Probably is. They will give you initial free advice. Since the law
varies so from state to state, you need local legal advice.
Another suggestion is to ask your question to one of the good ham clubs'
members in Alabama. Surely someone in the great Huntsville club can help you or
recommend a lawyer who has experience in this field. Even most zoning attorneys
are not familiar with towers and the FCC Preemption Doctrine.
Fred's book is terrific, but is out-of-print, and the new edition is
scheduled to be released any time now.
> Message: 1
> Date: Sat, 5 Mar 2011 15:59:24 EST
> From: W4ABW@aol.com
> Subject: Re: [TowerTalk] TowerTalk Digest, Vol 99, Issue 12 Towers
> and antenna, restricted S/D
> To: email@example.com
> Message-ID: <firstname.lastname@example.org>
> Content-Type: text/plain; charset="US-ASCII"
> I plan to make an offer on a home in a so called restricted neighborhood.
> The restrictions do not mention towers, antenna, ham radio, sat, dishes etc.
> The restriction document is dated 1961.
> It does mention other "buildings" and the usual "noxious/nuisances".
> The city that the property is located has tower rules but very moderate. In
> the back or side yard, guys 5 feet from property lines and towers over 75
> feet need a city permit. No problems here but the city knows nothing about
> restricted neighborhoods nor does it care.
> I am no lawyer and I wonder if anyone has an idea of what direction I can
> or should take to get this restriction document looked at by someone who
> would know what it really means, if that is possible. A lawyer is one choice.
> I guess lawyers don't know much about towers etc.,either. I never met one
> who did.
> I have asked around that neighborhood, asked the realtor, everybody but the
> mail man and they have no clue as to what a tower/antenna for ham radio
> The property is in Huntsville, AL.
> Any ideas ?
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