Another interesting consideration is that a lot of this out of town
property is likely to be _zoned_ agricultural. An interesting distinction
for regulators and lawyers to consider. A lot of farm land is in various
land banks and so on, so it isn't necessarily the case that you can spot a
farm or its land simply by looking for crops even before we consider
grazing land.
I would not try such an interpretation on my own without spending a few
bucks on some learned counsel. But, depending on how the regulations shake
out, it might matter.
Larry WO7R
On Sun, Jul 17, 2016 at 9:14 PM, Hans Hammarquist via TowerTalk <
towertalk@contesting.com> wrote:
> Beats me what this is solving. I think it has to do with a couple of dust
> plane pilots that were killed by flying in to some temporary weather
> towers. I pray that ARRL get some say in the actual regulations. I don't
> see for example why I should have to mark my tower barely making more than
> a few feet above the treetops and I am sure you can find many examples
> similar to my situation. I do live in an undeveloped area and many with me.
> Look at K1TTT's station for example. Do his many towers considered be
> adjacent to a house, barn, electric utility station, or other building. I
> don't know and, I'm sure, many with me.
>
>
> What I don't understand is why curtilage of a farmstead is excluded but
> not curtilage of a family dwelling is not.
>
>
> Hans - N2JFS
>
>
> -----Original Message-----
> From: J. Gordon Beattie, Jr. <w2ttt@att.net>
> To: 'Hans Hammarquist' <hanslg@aol.com>
> Cc: towertalk-bounces <towertalk-bounces@contesting.com>; ny2rf <
> ny2rf@arrl.org>; n2ybb <n2ybb@arrl.org>; w2ttt <w2ttt@att.net>; jb1589 <
> jb1589@att.com>
> Sent: Sun, Jul 17, 2016 5:46 am
> Subject: RE: [TowerTalk] Fwd: New FAA regulations affecting towers
>
> Hans,
> 1. What problem is this solving?
> 2. Is this just an expansion of the airspace under Federal control, for its
> own sake?
> 3. Might this be a precursor to rules supporting drones?
> 4. This is a big deal because unelected Federal bureaucrats get to decide
> the rules.
> 5. FAA-approved lights, paint and inspections aren't cheap, and the FAA
> gets
> to decide what they want.
> 6. If you don't think this is a big deal, ask folks with small e.g. 50x50
> ponds, about how Federal regulations impacts their backyards or how pushing
> some topsoil runs them afoul of the Feds. Stuff one would never think of
> can get into your property rights.
> 7. There are all sorts of exemptions for power utilities, government,
> farmers etc., so I don't know why we aren't on the exemption list.
> 8. I still think that K3LR needs to buy a couple of goats as part of his
> next antenna or tower upgrade in order to meet the farm exemption. :-)
>
> 73,
> Gordon Beattie, W2TTT
> 201.314.6964
>
>
> -----Original Message-----
> From: TowerTalk [mailto:towertalk-bounces@contesting.com] On Behalf Of
> Hans
> Hammarquist via TowerTalk
> Sent: Saturday, July 16, 2016 10:24 PM
> To: towertalk@contesting.com
> Subject: [TowerTalk] Fwd: New FAA regulations affecting towers
>
> Well, the regulation says:
>
>
>
> SEC. 2110. TOWER MARKING.
> (a) In General.--Not later than 1 year after the date of enactment of
> this Act, the Administrator of the Federal Aviation Administration shall
> issue regulations to require the marking of covered towers.
> (b) Marking Required.--The regulations under subsection (a) shall
> require that a covered tower be clearly marked in a manner that is
> consistent with applicable guidance under the Federal Aviation
> Administration Advisory Circular issued December 4, 2015 (AC 70/7460- 1L),
> or other relevant safety guidance, as determined by the Administrator.
> (c) Application.--The regulations issued under subsection (a) shall
> ensure that--
> (1) all covered towers constructed on or after the date on
> which such regulations take effect are marked in accordance with
> subsection (b); and
> (2) a covered tower constructed before the date on which such
> regulations take effect is marked in accordance with subsection (b)
> not later than 1 year after such effective date.
> (d) Definitions.--
> (1) In general.--In this section, the following definitions
> apply:
> (A) Covered tower.--
> (i) In general.--The term ``covered tower'' means a
> structure that--
>
> (I) is self-standing or supported by guy wires and
> ground anchors;
> (II) is 10 feet or less in diameter at the above-
> ground base, excluding concrete footing;
> (III) at the highest point of the structure is at
> least 50 feet above ground level;
> (IV) at the highest point of the structure is not
> more than 200 feet above ground level;
> (V) has accessory facilities on which an antenna,
> sensor, camera, meteorological instrument, or other
> equipment is mounted; and
> (VI) is located--
>
> (aa) outside the boundaries of an incorporated
> city or town; or
> (bb) on land that is--
> (AA) undeveloped; or
> (BB) used for agricultural purposes.
> (ii) Exclusions.--The term ``covered tower'' does not
> include any structure that--
>
> (I) is adjacent to a house, barn, electric utility
> station, or other building;
> (II) is within the curtilage of a farmstead;
> (III) supports electric utility transmission or
> distribution lines;
> (IV) is a wind-powered electrical generator with a
> rotor blade radius that exceeds 6 feet; or
> (V) is a street light erected or maintained by a
> Federal, State, local, or tribal entity.
>
> (B) Undeveloped.--The term ``undeveloped'' means a defined
> geographic area where the Administrator determines low-flying
> aircraft are operated on a routine basis, such as low-lying
> forested areas with predominant tree cover under 200 feet and
> pasture and range land.
> (2) Other definitions.--The Administrator shall define such
> other terms as may be necessary to carry out this section.
> (e) Database.--The Administrator shall--
> (1) develop a database that contains the location and height of
> each covered tower;
> (2) keep the database current to the extent practicable;
> (3) ensure that any proprietary information in the database is
> protected from disclosure in accordance with law; and
> (4) ensure that, by virtue of accessing the database, users
> agree and acknowledge that information in the database--
> (A) may only be used for aviation safety purposes; and
> (B) may not be disclosed for purposes other than aviation
> safety, regardless of whether or not the information is marked
> or labeled as proprietary or with a similar designation.
>
> Reading it you find that towers that are:
>
>
>
> (ii) Exclusions.--The term ``covered tower'' does not
> include any structure that--
>
> (I) is adjacent to a house, barn, electric utility
> station, or other building;
> (II) is within the curtilage of a farmstead;
>
>
> I think most of us are safe. Just wonder how far from the house it can be
> and still is considered "adjacent".
>
>
>
> -----Original Message-----
> From: Mitch <mskobier@charter.net>
> To: towertalk <towertalk@contesting.com>
> Sent: Sat, Jul 16, 2016 2:45 pm
> Subject: [TowerTalk] New FAA regulations affecting towers
>
> All,
>
> I haven't seen anything on the reflector yet in regards to
> the newly signed into law aviation bill HR-636. H.R.636 - Federal Aviation
> Administration Reauthorization Act of 2016, which was signed into law by
> the
> President on July 15 2016 has some new language that affects towers over
> 50ft and less than 200ft in height. Looks like some of us (possibly many)
> may have to come into compliance with the new regulations (when they are
> developed) in regards to marking our towers. I'm in the process of erecting
> my 75ft crankup, and the new law may well have a negative impact on me. At
> this point, I think I am exempt, but not sure. Anyway, I have included a
> link to the bill for you to read for yourself. Just for a work search on
> the
> document for the word "tower" to take you to the pertinent section.
>
>
>
> https://www.congress.gov/bill/114th-congress/house-bill/636/text?format=txt
>
>
>
>
>
> Mitch KJ7JA
>
> _______________________________________________
>
>
>
> _______________________________________________
> TowerTalk mailing list
> TowerTalk@contesting.com
> http://lists.contesting.com/mailman/listinfo/towertalk
>
> _______________________________________________
>
>
>
> _______________________________________________
> TowerTalk mailing list
> TowerTalk@contesting.com
> http://lists.contesting.com/mailman/listinfo/towertalk
>
>
> _______________________________________________
>
>
>
> _______________________________________________
> TowerTalk mailing list
> TowerTalk@contesting.com
> http://lists.contesting.com/mailman/listinfo/towertalk
>
_______________________________________________
_______________________________________________
TowerTalk mailing list
TowerTalk@contesting.com
http://lists.contesting.com/mailman/listinfo/towertalk
|