[TowerTalk] Advice on tower restrictions possible new

[Ed Sawyer]

I believe that in addition to seeing if there is local "ham club knowledge"
you need to do a little sleuthing.  PRB-1 says that a municipality cannot
arbitrarily restrict ham antennas.  So see what the zoning and building
permit regs say generically.  Look for classic height restrictions of
auxiliary structures without any mention of ham accommodations.  Also look
for commercial tower permit requirements without any mention of ham
accommodation.  If you find that none of these specifically carve out a ham
tower/antenna structure carve out - which is quite often the case in rural
areas, then you can VERY likely do what you want - within reason - if there
is lots of land around you - which usually means no credible neighbor or lot
set back argument.

 

Here in Vermont, other than a few small cities - the whole state pretty much
fits the above description.  So a well-crafted and reasonable proposal to
the building permit issuer, with good reference to PRB-1 and case law (use
the NH Supreme Court case - that always gets attention) and demonstrating
how the local ordinances make no reasonable accommodation - can be highly
effective.  Obviously, if you find recent law that has provision for ham
accommodation - then take its enforcement seriously - as its likely to be so
since they put time into creating the law.

 

What you do NOT want to do is just call up the local building permit issuer
and simply ask if its okay to put up a 100 ft ham tower as a starting point.

 

Good Luck with the project.

 

73

 

Ed  N1UR 

 

Been there and done that here in Vermont - successfully.