1.  A governing body shall not adopt an ordinance, regulation or plan or take any other action that precludes amateur service communications or that in any other manner does not conform to the provisions of 47 C.F.R. § 97.15 and the limited preemption entitled ‘Amateur Radio Preemption, 101 F.C.C. 2d 952 (1985)’ as issued by the Federal Communications Commission.

Ask a real estate law question, get an answer ASAP!
Thousands of highly rated, verified real estate lawyers.
Specialties include: All Real Estate Law, Landlord and Tenant Law, Foreclosure, Homeowners' Association, Trespassing, Property Law, General Legal and more.
Click here to chat with a lawyer about your rights.

2.  If a governing body adopts an ordinance, regulation or plan or takes any other action that regulates the placement, screening or height of a station antenna structure based on health, safety or aesthetic considerations, the ordinance, regulation, plan or action must:

(a) Reasonably accommodate amateur service communications; and

(b) Constitute the minimum level of regulation practicable to carry out the legitimate purpose of the governing body.

3.  The provisions of this section do not apply to any district organized pursuant to federal, state or local law for the purpose of historic or architectural preservation.

4.  Any ordinance, regulation or plan adopted by or other action taken by a governing body in violation of the provisions of this section is void.

5.  As used in this section:

(a) ’Amateur radio services’ has the meaning ascribed to it in 47 C.F.R. § 97.3.

(b) ’Amateur service communications’ means communications carried out by one or more of the amateur radio services.

(c) ’Amateur station’ has the meaning ascribed to it in 47 C.F.R. § 97.3.

(d) ’Station antenna structure’ means the antenna that serves an amateur station, including such appurtenances and other structures as may be necessary to support, stabilize, raise, lower or otherwise adjust the antenna.