[TowerTalk] Advice on tower restrictions possible new

[Alan Swinger]

Do what Ed says, but also suggest that you include in any offer letter that the sale is contingent upon No Tower/Antenna restrictions which will require the RE Agent and settlement attorney(s) to help do the due diligence . . . and will then be included in any sale contract. I did this when I bought the QTH and also got an antenna waiver in writing from the HOA Board, since there is an HOA and covenants w/ the usual boiler-plate restrictions on antennas.
Good luck.
Alan K9MBQ
-----Original Message-----
>From: Ed Sawyer <sawyered at earthlink.net>
>Sent: Feb 6, 2017 2:25 PM
>To: towertalk at contesting.com
>Subject: Re: [TowerTalk] Advice on tower restrictions possible new
>
>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.
>
>_______________________________________________
>
>
>
>_______________________________________________
>TowerTalk mailing list
>TowerTalk at contesting.com
>http://lists.contesting.com/mailman/listinfo/towertalk