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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