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Attention Lawyers and Professional Engineers ARRL WANTS YOU! |
Amateurs can face three types of antenna restrictions:
Amateurs faced with local government zoning restrictions have some relief. PRB-1, the limited federal preemption of municipal land use regulations for Amateur Radio installations, is a useful tool when applying for a building permit for a tower. According to the Commission's rules, zoning authorities can not preclude Amateur Service communications, but must reasonably accommodate amateur communications and enact the "minimum practicable regulation to accomplish the state or local authority's legitimate purpose" [97.15(b)]. Local governments can zone for height, safety and aesthetics concerns, but their restrictions can not be so prohibitive that they are overly restrictive. Amateurs often find it advantageous to contact Volunteer Counsel or Volunteer Consulting Engineers for professional assistance with their zoning problem.
Some states have enacted state statutes which go even further than PRB-1 and they are especially helpful in giving guidance to local planners. We offer a list of states which have enacted such a state statute. This also includes the text of the statutes for these states. If your state has not codified PRB-1, fear not! PRB-1 covers all 50 states, but local planners sometimes need specific guidance. If your state has not codified PRB-1, why not contact your ARRL section leadership about doing it? For guidance in doing this, see: Local Government Zoning Restriction "How To" Chart.
Many amateurs are faced with highly restrictive antenna Covenants. These tell you what color you can paint your house, for example. For a brief overview of how to deal with restrictive antenna covenants, see the Covenant Restriction "How To" Chart. It may be possible to have the local government, when they are rewriting their Residential Development Standards for CC&R's, to accommodate amateurs. See the ARRL Web for additional details. Note that this would only apply to covenants signed by the buyer after Residential Development Standards in the ordinance have been changed. This is not a simple process.
Amateurs faced with Rental/Lease Restrictions are bound by the limitations placed on them by landlords. Like covenants, PRB-1 does not cover these restrictions and they can be especially problematic. Amateurs whose landlords are "antenna friendly" don't have such problems, but that can change at the landlords discretion. For a brief overview of the antenna restrictions faced by renters, see the Lease Restriction "How To" Chart.
The ARRL recommends the following publications on regulatory topics:
PRB-1 document (1985)
PRB-1 document (1999)ARRL On-Line PRB-1 Package (Basic information as you begin working with local zoning officials.)
ARRL Volunteer Counsel Program (legal advice) and Referrals
ARRL Volunteer Consulting Engineer Program (engineering advice) and Referrals
ARRL VC's and VCE's will give an initial consultation at no charge.
Note: If you are an amateur and lawyer or a professional engineer and would like to enter into one of these programs, click here
