Announcements
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H.B. 158 has become 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.
Nick Pittner, K8NAP
Ohio State Government Liaison
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ARRL Ohio Section
Section Manager: Frank Piper, KI8GW