As has been pointed out, many localities have zoning that prohibit any
structure over 35 feet. It is a fairly common standard. And in some
places it is even worse for us. In a town near me, they refuse to
permit a local ham to construct a tower higher than fifteen feet!
Please keep in mind that it is the legitimate function of local
government to protect it citizenry. In all aspects of living, not just
our towers, as much as we would all "like to be left alone", there are
many individuals that will not exercise good judgement or concern for
their neighbors and this is where government is needed. In this case
the issues are safety and esthetics.
This bill will not prohibit towers over 95 feet. What it will do, is
prevent towns from arbitrarily prohibiting towers below that limit.
Ninety five feet is an ambitious number and is the limit of what the
legislation group felt was achievable. Increasing that limit to
accommodate the super sized towers, as much as we would like to have
done so, would likely have raised more eyebrows than aye votes.
In regards to out of state hams participating in the effort, my sense
is that it probably would be counterproductive. I will get some more
information on that and report later.
Herb Sweet
K2GBH
Town of Hyde Park Master Plan and Zoning Review Committee -- since 1993
ARRL Local Government Liaison
ARRL State Government Liaison
NYS PRB-1 Legislative Group
S T A T E O F N E W Y O R K
________________________________________________________________________
1565--C
2001-2002 Regular Sessions
I N A S S E M B L Y
January 16, 2001
___________
Introduced by M. of A. TOCCI, TONKO -- Multi-Sponsored
by -- M. of A.
SCHIMMINGER, SMITH, WEISENBERG -- read once and
referred to the
Committee on Local Governments -- committee
discharged, bill amended,
ordered reprinted as amended and recommitted to
said committee --
again reported from said committee with amendments,
ordered reprinted
as amended and recommitted to said committee --
reported and referred
to the Committee on Rules -- Rules Committee
discharged, bill amended,
ordered reprinted as amended and recommitted to the
Committee on Rules
AN ACT to amend the general municipal law, in
relation to the
construction and use of antennas by amateur radio
operators and limit-
ing restrictions regarding antenna support structures
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN
SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general municipal law is amended by
adding a new arti-
2 cle 13-E to read as follows:
3 ARTICLE 13-E
4 ANTENNAS AND
5 ANTENNA SUPPORT STRUCTURES; AMATEUR
6 RADIO OPERATORS
7 SECTION 300. DEFINITIONS.
8 301. PROHIBITIONS.
9 S 300. DEFINITIONS. AS USED IN THIS ARTICLE:
10 1. THE TERM "ANTENNA" MEANS AN ARRAY OF WIRES, TUBING
OR THE LIKE USED
11 FOR THE TRANSMISSION AND RECEPTION OF RADIO WAVES.
12 2. THE TERM "ANTENNA SUPPORT STRUCTURE" MEANS A
STRUCTURE OR FRAMEWORK
13 THAT IS DESIGNED TO ELEVATE AN ANTENNA ABOVE THE GROUND
FOR THE PURPOSES
14 OF INCREASING THE EFFECTIVE COMMUNICATIONS RANGE AND
RELIABILITY OF AN
15 AMATEUR RADIO STATION. AMATEUR RADIO ANTENNA SUPPORT
STRUCTURES ARE
16 REMOVABLE BY DESIGN AND THEREFORE ARE A REMOVABLE
STRUCTURE FOR TAX
17 ASSESSMENT PURPOSES.
EXPLANATION--Matter in ITALICS (underscored) is new;
matter in brackets
{ } is old law to be omitted.
LBD01846-08-1
A. 1565--C 2
1 3. THE TERM "AMATEUR RADIO" MEANS THE USE OF AMATEUR
AND AMATEUR-SA-
2 TELLITE RADIO FREQUENCIES AND SERVICES USED BY
LICENSED, QUALIFIED
3 PERSONS OF ANY AGE WHO ARE INTERESTED IN RADIO TECHNIQUE
WITHOUT PECUNI-
4 ARY INTEREST. THESE SERVICES PRESENT AN OPPORTUNITY FOR
PUBLIC SERVICE,
5 SELF-TRAINING, INTERCOMMUNICATION, AND TECHNICAL
INVESTIGATIONS.
6 4. THE TERM "AMATEUR RADIO OPERATOR" MEANS ANY
PERSON WHO HAS BEEN
7 DULY EXAMINED AND LICENSED BY THE FEDERAL COMMUNICATIONS
COMMISSION OR
8 ITS DESIGNEE FOR THE OPERATION OF TRANSMITTING AND
RECEIVING APPARATUS
9 ON RADIO FREQUENCIES INTERNATIONALLY AGREED UPON FOR
THE USE OF THE
10 AMATEUR RADIO SERVICE.
11 S 301. PROHIBITIONS. 1. NO POLITICAL SUBDIVISION
ZONING ORDINANCE,
12 BY-LAW, RULE, REGULATION, ORDER OR OTHER LOCAL LAW OR
ORDINANCE SHALL
13 PROHIBIT OR EFFECTIVELY PROHIBIT THE CONSTRUCTION OR
USE OF AN ANTENNA
14 SUPPORT STRUCTURE BY A FEDERALLY LICENSED AMATEUR RADIO
OPERATOR. ANY
15 SUCH POLITICAL SUBDIVISION ZONING ORDINANCE, BY-LAW,
RULE, REGULATION,
16 ORDER OR OTHER LOCAL LAW OR ORDINANCE IMPACTING THE
PLACEMENT, SCREENING
17 OR HEIGHT OF ANTENNA SUPPORT STRUCTURES MUST
REASONABLY ACCOMMODATE
18 EFFECTIVE OPERATION OF AMATEUR RADIO ANTENNAS AND SHALL
IMPOSE THE MINI-
19 MUM REGULATION NECESSARY TO ACCOMPLISH THE
POLITICAL SUBDIVISION`S
20 LEGITIMATE PURPOSE. ANY SUCH POLITICAL SUBDIVISION
ZONING ORDINANCE,
21 BY-LAW, RULE, REGULATION, ORDER OR OTHER LOCAL LAW OR
ORDINANCE SHALL
22 CONFORM TO THE LIMITED PREEMPTION ENTITLED "AMATEUR
RADIO PREEMPTION",
23 101 FCC 2ND 952 (1985) ISSUED BY THE FEDERAL
COMMUNICATIONS COMMISSION.
24 2. NO POLITICAL SUBDIVISION ZONING ORDINANCE,
BY-LAW, RULE, REGU-
25 LATION, ORDER OR OTHER LOCAL LAW OR ORDINANCE SHALL: (A)
RESTRICT ANTEN-
26 NA SUPPORT STRUCTURE HEIGHT TO LESS THAN NINETY-FIVE
FEET ABOVE GROUND
27 LEVEL; OR (B) RESTRICT THE NUMBER OF ANTENNA SUPPORT
STRUCTURES.
28 3. NOTHING IN THIS SECTION SHALL AFFECT THE
APPLICABILITY OF THE
29 ADIRONDACK PARK AGENCY ACT, IN ACCORDANCE WITH ARTICLE
TWENTY-SEVEN OF
30 THE EXECUTIVE LAW, AND THE JURISDICTION OF THE
ADIRONDACK PARK AGENCY
31 OVER THE LOCATION AND HEIGHT OF STRUCTURES.
32 S 2. This act shall take effect 180 days after it shall
have become a
33 law.
.SO DOC A 1565C *END*
BTXT 2001
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