Ham radio antenna bill re-introduced in Vermont

Radio amateurs in Vermont have renewed efforts to get a ham radio antenna bill signed into law in the Green Mountain State.

Introduced in the 2005 session of the Vermont House of Representatives, the bill, H.12, would require Vermont municipalities to "reasonably accommodate" Amateur Radio communications with "minimum practicable regulation" -
in line with the limited federal preemption PRB-1. It also includes a schedule of minimum regulatory heights for antenna structures.

"Reasonable accommodation for Amateur Radio antenna heights shall be judged from the perspective of a particular applicant for a permit for an antenna structure," the bill states in part. It goes on to spell out what it means by "reasonable accommodation." H.12 further defines antennas and antenna support structures complying with the proposed statute as "an ordinary accessory use" and provides that applicants be granted a building permit upon application.

"Antennas and antenna support structures shall not be subject to any conditions, special review, or other processes that may be applied on an exception basis to other types of permit applications," the draft legislation declares.

ARRL Vermont Section Manager Paul Gayet, AA1SU, said the measure has three sponsors instead of one this time around. "I am so pleased to have the new legislators signed on this year!" Gayet said. "Having three representatives sponsoring the bill will give it more prominence." An
identically worded measure failed to make it through the legislature last year.

As drafted, H.12 would generally prohibit Vermont localities from restricting the overall height of an Amateur Radio antenna and associated support structure to less than 75 feet above ground level on lots smaller than one acre. On tracts an acre or larger, the measure would keep
municipalities from restricting the height of an Amateur Radio antenna system to "less than that specified in 47 C.F.R. §97.15(a)" - which is where PRB1 is outlined within the FCC's Amateur Service rules.

Presumably, that provision could permit antenna structures of 200 feet or more. While §97.15(a) does not specify a maximum height, it does require owners of structures "located at or near a public airport" to notify the Federal Aviation Administration and register their structures with the FCC if the structure will be more than 200 feet above ground level. Under the proposed legislation, municipalities could not restrict the number of antenna structures for any lot size.

The measure makes provisions for a locality to accommodate amateur antennas in "a duly designated design control or historic district. "In those situations, a municipal ordinance, bylaw, or rule could restrict amateur antennas and associated support structures to overall heights of less than 75 feet, but it could not prohibit them altogether. The bill also would grandfather all Amateur Radio antennas and support structures constructed prior to the effective date of the proposed law.

If H.12 is approved by Vermont's House and Senate and signed by the governor, Vermont would become the 22nd state to enact such legislation.

A copy of the bill is on the Vermont Legislature Web site

Source: ARRL Letter - courtesy of The American Radio Relay League

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