[BCVHFA] Fwd: Legislative Update from the State Government Liaison

[Carl Morgan]

>August 15 was the effective date for H.B. 158, 
>the day it became law in Ohio.  Some of you have 
>had antenna projects on hold, waiting  for the 
>new law to become effective.  Before you start 
>digging the foundation for that new tower, let's 
>review the basics.  First, H.B. 158 (the Bill) 
>does not affect other types of land use 
>restrictions, such as those imposed by deed 
>restrictions, condominium agreements and 
>neighborhood agreements.  Those types of 
>restrictions arose by agreement when you 
>purchased your home.  Second, the Bill does not 
>exempt you from the local application and 
>approval process if it would otherwise have 
>applied to your antenna project.  In short, if a 
>construction permit would have been necessary 
>before the Bill, it is still necessary.  If a 
>zoning variance would have been necessary before 
>the Bill, it is still necessary, and you are 
>still required to go through the application and approval process.
>
>What has changed is the degree of deference that 
>you, as an amateur radio operator, are entitled 
>to receive when you application is considered by 
>the local zoning authorities.  The Bill states, 
>in part, that the local zoning authority "
shall 
>not restrict the height or location of amateur 
>station antenna structures in such a way as to 
>prevent effective amateur radio service 
>communications
" Other provisions similarly 
>require that local authorities provide 
>"reasonable accommodation" to applications for antenna structures.
>
>
>With that in mind, here are ten things to 
>consider as you begin using the new legislation:
>
>1.      Good relations with your neighbors, 
>including their support for your antenna 
>application, is the best asset you can have,
>
>2.      Make sure that your paperwork included 
>all of the requested information, is in the 
>proper format and filed properly ­ don't provide 
>an excuse to reject your application,
>
>3.      Evidence that your tower is designed to 
>withstand the most likely weather events and 
>that it will be properly erected is very important,
>
>4.      Structure your plan to observe setback 
>lines and existing zoning restrictions to the 
>greatest extent possible. We may be allowed to 
>have antennas, but not in the front yard,
>
>5.      If you can legitimately do so, note in 
>your application that one of the reasons you 
>need the tower is to permit your station to 
>participate in emergency communications if the need arises,
>
>6.      Locate your tower as far away from 
>adjacent houses as reasonably possible,
>
>7.      Don't accept the notion that a 
>"fall-down" limit applies to you.  A "fall-down" 
>limit is a provision that requires that no 
>structure can so high that it could fall onto 
>the adjacent property.  Keep in mind that a 
>well-constructed tower will still be standing 
>long after all of the nearby trees have fallen over.
>
>8.      The "antennas are ugly" objection is 
>not, in most cases, a proper zoning consideration,
>
>9.      If your application is rejected and you 
>plan to appeal to the board of zoning appeals or 
>similar agency, keep in mind that there are 
>precise time limits for doing so, and failure to 
>appeal within those time limits will  bar your appeal,
>
>10.     Don't ask for more than you really need!
>
>The Ohio antenna legislation is as strong as 
>that enacted by most of the 26 other states that 
>have addressed the problem, and stronger than 
>most.  One of the provisions unique to Ohio is 
>the requirement that, in the event of appeal, 
>the legislative authority shall, "bear the 
>burden of proving that the authority's actions 
>are consistent with this section."  While we 
>hope that appeal is never necessary, in the 
>event that it is, I encourage you to get 
>competent legal assistance.  Keep in mind that a 
>bad result is not only your loss, but also bad 
>precedent for the next ham who applies for a 
>tower permit.  Don't try to do it yourself.
>
>73,
>
>Nick Pittner, K8NAP
>Ohio State Government Liaison
>
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>ARRL Ohio Section
>Section Manager: Frank Piper, KI8GW
>ki8gw at arrl.org
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