Practical_Antenna_Handbook_0071639586

C h a p t e r 3 1 : Z o n i n g , R e s t r i c t i v e C o v e n a n t s , a n d N e i g h b o r s 701
State
State-Âlevel regulation in the United States is rare. Nonetheless, some states have also
preempted certain aspects of local zoning with respect to amateur radio structures. An
example is Virginia, where paragraph 15.2-Â2293.1 of the Code of Virginia establishes
minimum heights of 200 ft and 75 ft for populous and rural counties, respectively,
below which amateurs may not be unreasonably prevented by local jurisdictions from
erecting supports. Note, however, that the VA Code does not give the amateur carte
blanche; the local zoning body can still require reasonable safety and screening measures,
to name just a couple of factors.
Local
The bulk of zoning restraints on amateur radio is local in scope. Although zoning is
defined and regulated at the county level in many states, in other states (especially in
the Northeast) it falls under the purview of each individual township or city. While allowing
the specific requirements of each ordinance to vary according to local needs, the
result is a crazy patchwork of rules that makes one’s knowledge of “the way things
work” in Podunk of limited usefulness in East Oshkosh.
Nonetheless, some general guidelines and comments are in order:
• There still remain in this country localities with no zoning ordinance at all. For
the most part, they are extremely rural and sparsely populated. To install a
tower and antennas of virtually any height (under 200 ft, of course), a building
permit may or may not be required. This may initially sound like nirvana, but
the downside risk is that a restaurant and bar may move in across the street
from you next week, complete with neon signs radiating tons of RF energy directly
into your specialized receiving antennas.
• Sometimes you will encounter multiple layers of zoning and restrictive regulations
collected and administered under the auspices of the local zoning office.
State or federal wilderness areas may overlay local zoning districts with other,
tighter restrictions. Similarly, a county may invoke a unifying “wrapper”
around a collection of unique local ordinances. In many instances, the local ordinance
may even list conflicting requirements in different chapters or paragraphs
within the same chapter. (A common problem is an overly broad
ordinance for cellular and other commercial towers that fails to distinguish between
the intended regulation of “for profit” carriers and the unintended inclusion
of individual amateurs pursuing their hobby as a permitted accessory use
of residential property.)
• Before buying a property upon which you intend to erect towers or antennas,
research the location. Know with certainty what town or municipality the property
is located in, and obtain a written copy of the current zoning ordinance
and any other relevant documents. Meet with an appropriate zoning official in
person to confirm that the documents you have are the latest and represent the
totality of public regulation pertaining to the property you have in mind. If the
zoning ordinance is found only in electronic form online, make sure you download,
print out, and safely archive the revision that is current as of the exact
date you take legal possession of your new property. Depending on the specifics,
if the town revises the zoning later on and makes it more restrictive, you