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[TowerTalk] Advice on tower restrictions possible new install

To: towertalk@contesting.com
Subject: [TowerTalk] Advice on tower restrictions possible new install
From: Stephen Davis <sdavis@davisrf.com>
Date: Tue, 7 Feb 2017 10:45:19 -0500
List-post: <towertalk@contesting.com">mailto:towertalk@contesting.com>
I agree with Ed's suggestion ref. K1VR.  Get his book. I was on the planning 
board  in my town for 5 years. On something like this, approaching the county 
or a town, you do NOT want to assume
that you have a great case to present until you've had the benefit of points 
made by a lawyer who is a ham and has dealt with this part of the law and 
situations in many states, for years now.
  
 I have seen people come into the planning board, and also to zoning board of 
appeals, without knowing the boards' criteria…also, unaware of the typical 
mindset of some of these boards.  Just my humble, and experienced, opinion.  
Also I've known and respect Fred, K1VR's many years of efforts on this subject… 
he is a sharp guy. I do not have any biz or financial relationships with him.

Duanne, what state and county will this be involved with?

    73  Steve   K1PEK   
    





Message: 4
Date: Tue, 7 Feb 2017 01:28:59 -0500
From: "Ed Sawyer" <sawyered@earthlink.net>
To: <towertalk@contesting.com>
Subject: Re: [TowerTalk] Advice on tower restrictions possible new
        install
Message-ID: <003401d2810b$7801e860$6805b920$@earthlink.net>
Content-Type: text/plain;       charset="us-ascii"

K6OK stated - 

"Wouldn't you want the opposite? If a county has a blanket height

restriction on all types of structures, and that height limit is

lower than my planned towers, then I would avoid that county

unless it had a ham tower exemption. If a county has cell phone

tower regulations (which are common), I would avoid that county

unless they exempt ham towers from those rules.



But if you can't change counties, having these restrictions is not

necessarily a deal-killer. You might have to apply for a use permit

or a variance, requiring more time, money and anguish.

Unfortunately there's no guarantee they will approve your application."



I am not a lawyer certainly.  K1VR and the ARRL support services are a good
way to get proper advice.  That

Being said, you never want to ask for a "variance" against a law that
doesn't apply to you.  You want to state

That your request is not restricted by the current regulations.  Its NOT a
commercial permit for a tower, its

A personal use auxiliary structure.  So any clerk telling you otherwise
should not prevent you from doing what you 

Want to do.  



Its also a protected use under Federal Pre-emption - PRB-1.  The fact that
the state or county/city/town has not 

Enacted language in their law to accommodate the pre-emption, should not
dissuade you from exercising your federally granted rights.



I think the question is to decide what the response is after sizing up the
situation.  Has the state enacted PRB1 language?  If so, what does it say
about your plans and what are you up against.  Do the local regulations
mention the case of personal antenna supports or not.



Certain local groups are up for a fight and certain ones don't want a legal
battle especially if no neighbor is complaining.  Here in rural Vermont -
they were "thankful" for the guidance and glad to hear they weren't going to
be 200 ft tall.



Note that none of the above deals with HOAs which is a horse of a different
color.



Ed  N1UR



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