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Local municipalities, counties, and homeowner's associations may all
have regulations concerning the location, size, and height of radio
antennas and radio antenna support structures on private property.
Many of these regulations are available online and are here noted
for convenience to Amateur Radio operators in the central Texas area,
as a possible starting point for real research into specific building
issues. These regulations may change from time to time, and the CTDXCC
is not responsible for their accuracy. See the
disclaimer below.
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State and Federal Law
All municipal and county ordinances in the state of Texas
regarding Amateur Radio antennas and towers are subject to the
State of Texas Local Government Code §250.002 "Regulation
of Amateur Radio Antennas:
(a) A municipality or county may not enact or enforce
an ordinance or order that does not comply with
the ruling of the Federal Communications Commission
in "Amateur Radio Preemption, 101 FCC 2nd 952
(1985)" or a regulation related to amateur radio
service adopted under 47 C.F.R. Part 97.
(b) If a municipality or county adopts an ordinance or
order involving the placement, screening, or height
of an amateur radio antenna based on health,
safety, or aesthetic conditions, the ordinance or
order must:
(1) reasonably accommodate amateur communications; and
(2) represent the minimal practicable regulation to
accomplish the municipality's or county's
legitimate purpose.
(c) This section does not prohibit a municipality or
county from taking any action to protect or
preserve a historic, historical, or architectural
district that is established by the municipality
or county or under state or federal law.
Added by Acts 1999, 76th Leg., ch. 68, section 1,
eff. May 10, 1999.
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The FCC ruling referenced in the Texas Statutes is commonly referred
to as "PRB-1". This Declaratory Ruling delineates the limitations
of local zoning and other local and state regulatory authority over
Federally-licensed radio facilities.
Resources
FCC Services
PRB-1
47 C.F.R. Part 97
ARRL Antenna Restrictions Resources
Antenna Zoning for the Radio Amateur
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DISCLAIMER:
This information is provided "as is" without any warranty, condition, or
representation of any kind, either express or implied, including but not
limited to, any warranty respecting non-infringement, and the implied
warranties of conditions of merchantability and fitness for a particular
purpose. In no event shall the Central
Texas DX and Contest Club, or any officers or members thereof be
liable for any direct, indirect, special, incidental, consequential or
other damages howsoever caused whether arising in contract, tort, or
otherwise, arising out of or in connection with the use or performance of
the information contained on this web site.
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