GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

H                                                                                                                                                    1

HOUSE BILL 1340

Short Title:     Amateur Radio Antennas.		(Public)
Sponsors:	Representatives McComas; and Dollar.
Referred to:	Ways and Means.

April 10, 2007

A BILL TO BE ENTITLED

AN ACT to recognize the value of amateur radio communications by requiring city and county ordinances regulating antennas to reasonably accommodate amateur radio communications.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 19 of Chapter 160A of the General Statutes is amended by adding a new section to read:

"§ 160A‑383.3. Reasonable accommodation of amateur radio antennas.

A city ordinance based on health, safety, or aesthetic considerations that regulates the placement, screening, or height of the antennas or support structures of Amateur Radio operators must reasonably accommodate Amateur Radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the city. A city may not restrict antennas or antenna support structures of Amateur Radio operators to heights of 90 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety, or aesthetic objective of the city."

SECTION 2.  Article 18 of Chapter 153A of the General Statutes is amended by adding a new section to read:

"§ 153A‑341.2. Reasonable accommodation of amateur radio antennas.

A county ordinance based on health, safety, or aesthetic considerations that regulates the placement, screening, or height of the antennas or support structures of Amateur Radio operators must reasonably accommodate Amateur Radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the county. A county may not restrict antennas or antenna support structures of Amateur Radio operators to heights of 90 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety, or aesthetic objective of the county."

SECTION 3.  This act is effective when it becomes law.