[TowerTalk] Advice on tower restrictions possible new

[Ed Sawyer]

I agree with Alan if you can get it.  If you can't - its decision time.  Reduce the risk with the suggested investigation.

Ed

-----Original Message-----
From: Alan Swinger [mailto:awswinger at earthlink.net] 
Sent: Monday, February 6, 2017 2:33 PM
To: sawyered at earthlink.net; towertalk at contesting.com
Subject: Re: [TowerTalk] Advice on tower restrictions possible new

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