Citations Affected: IC 36-7-5.2.
Synopsis: Regulation of amateur radio antennas. Requires a
municipality or county to comply with an FCC ruling concerning
amateur radio preemption or a regulation related to amateur radio
service. Prohibits a municipality or county from restricting the height
of amateur radio antennas to less than 75 feet above ground level.
Effective: July 1, 2003.
January 7, 2003, read first time and referred to Committee on Governmental Affairs and
A BILL FOR AN ACT to amend the Indiana Code concerning local
IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]:
Chapter 5.2. Regulation of Amateur Radio Antennas
Sec. 1. A municipality or county may not enact or enforce an ordinance, a resolution, or an order that does not comply with the ruling of the Federal Communications Commission in "Amateur Radio Preemption, 101 FCC 2d 952 (1985)" or a regulation related to the amateur radio service adopted under 47 CFR Part 97.
Sec. 2. If a municipality or county adopts an ordinance, a resolution, or an order involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance, resolution, or order must:
(1) reasonably accommodate amateur radio communications; and
(2) represent the minimal regulation practicable to accomplish the municipality's or county's legitimate purpose.
Sec. 3. A local ordinance, resolution, or order may not restrict the height of an amateur radio antenna to less than seventy-five (75) feet above ground level.
Sec. 4. This chapter does not prohibit a municipality or county from taking action to protect or preserve a historic, a historical, or an architectural district that is established by the municipality or county or under state or federal law.