This memo from the Planning & Zoning Administrator in Raleigh, NC provides information and recommendations regarding regulations for HAM radio operations. It summarizes federal regulations that partially preempt local regulation of HAM radio activities and aim to reasonably accommodate both local interests and HAM radio operators. The administrator proposes draft language for the local Unified Development Ordinance including definitions, general requirements, and permit standards for HAM radio antennas and support structures. The standards are intended to comply with federal regulations while allowing for reasonable local restrictions based on considerations like safety, aesthetics and protecting residential neighborhoods.

1. City of Raleigh, NC
Gary D. Mitchell, AICP
Planning & Zoning Administrator
1 Exchange Plaza
Suite 300
PO Box 590
Raleigh, NC 27602-0590
gary.mitchell@raleighnc.gov
www.raleighnc.gov
MEMO
To: Ken A Bowers, Director of Planning
Travis Crane, Assist Director of Planning
From: Gary D. Mitchell, Planning & Zoning Administrator
Date: September 28, 2016
Re: HAM Radio Operations
After researching this topic, it seems that State law as well as federal law partially preempts local
regulation of these activities. In a 1985 ruling (PRB-1, Federal Register 38, 813-16, September 25,
1985), the FCC attempted to explain its role in the regulatory scheme:
“Few matters coming before us present such a clear dichotomy of viewpoint ... . The cities,
counties, local communities and housing associations see an obligation to all of their
citizens and try to address their concerns. This is accomplished through regulations,
ordinances or covenants oriented towards the health, safety and general welfare of those
they regulate. At the oppositepoles are the individual amateur operators and their support
groups who are troubled by local regulations which may inhibitthe use of amateur stations
or, in some instances, totally preclude amateur communications” (PRB-1, 50 Federal
Register 38,815, September 25, 1985).
However, the FCC declined to totally preempt local authority, and instead opted to balance the two
interests: “The cornerstone on which we will predicate our decision is that a reasonable
accommodation may be made between the two sides.” (PRB-1, 50 Federal Register 38,815,
September 25, 1985).
The local zoning issue that most often tests this “reasonable accommodation” requirement is the
height of a proposed antenna. If the antenna is not high enough, the amateur radio operator is
effectively prevented fromoperatingunder the FCC license. However, in PRB-1, the FCC declined to
specify a specific height which municipalities must permit. Instead, it issued only general
guidelines for municipalities:
… local regulations which involve the placement, screening or height of antennas based on
health, safety, or aesthetic considerations must be crafted to accommodate reasonably
amateur radio communications, and to represent the minimum practicable regulation to

2. accomplish the local authority’s legitimate purpose” (PRB-1, 50 Federal Register 38,816,
September 25, 1985).
Review of Court Cases Illustrates the following Information
A review of court decisionsprovides additional guidance to what will be the “minimum practicable
regulation to accomplish the local authority’s purpose.” Some ordinances, on the surface, are
unacceptable. First, it is clear that an outright ban on antennas will not be upheld because it
prevents any operation of a ham radio station. Secondly, a specific height limitation also will not be
upheld, because it contains no provision for balancing the legitimate interests of the ham radio
operator and local zoning. Therefore, in lightof technical requirements, it has the same effect as an
outright ban. Bodony v. Incorporated Village of Sands Point, 681F. Supp. 1009(E.D. N.Y.1987), and
Evans v. County Commissioners of Boulder, Colorado, 752 F Supp. 973 (D. Colo. 1990).
However, a zoning regulation that containsa procedure for a ham radio operator to seek a special
exception, variance, or conditional use permit will be upheld, if it “providesa sufficient structure for
balancing state and federal interests as requiredby PRB-1,” MacMillan v. City of Rocky River, 748
F. Supp. 1241, 1248 (N.D. Ohio 1990). The zoning ordinance need not establish a special
procedure for ham radio antennas, but a general procedure for obtaining an exception to height
limits or permitted uses by applying for a variance or conditional or special use permit.
The crucial step for the municipality is that it actually follows PRB-1 when considering a specific
application to construct an antenna. Courts have overturned permit denials when there was
evidence of the zoning authority’s “obvious lack of understanding of radio communications” and
the lack of anything “in the record to indicate that federal interests in amateur radio operation were
sufficiently considered” MacMillan v. City of Rocky River, 748 F. Supp. 1241, 1248 (N.D. Ohio
1990).
Conclusions
1. A zoning ordinance cannot impose a universal height limitation on ham radio antennas,
without making provisions for exceptions.
2. A zoning ordinance may impose/apply a height limitation to radio antennas, if a procedure
is established for an individual to apply for an exception, variance or conditional permit.
3. When the zoning authority considers such an application, it should attempt to reasonably
accommodate the radio operator’s interestswith those of zoning. It should also ensure that
this consideration is well documented.
4. The zoning authority may attempt an accommodation by requiring retractable antennas,
limiting hours of operation, and restricting height to that shown to be technically necessary
for the type of amateur radio station licensed by the FCC.
5. If an applicant refuses to compromise with the municipality, the application may be denied.
The partial federal preemption does not entitle amateur radio operators to erect whatever
antenna they desire.
Therefore based on my research I have prepared some draft language (below) that we may need to
consider to include in the UDO to address this issue as well as definitions etc. This proposal is
based upon looking at the various locations’ regulations concerning HAM operations. I do not
consider this to the end all but rather a starting point of our discussions concerning HAM
operations. Attached is NC State Code language aboutthis issueas well as a Board of Adjustment
court case from New Jersey.

3. Intent and Purpose:
This section is intended 1) to provide reasonable accommodation for Amateur Radio Antenna and
Amateur Radio Antenna Support Structures in the City of Raleigh and 2) to constitute minimum
practicable regulation to accomplish the City’s legitimate purposes consistent with state and
federal laws including Federal Communication Commission (FCC) regulations pertaining to
Amateur Radio Services, as noted in PRB-1 (1985), as amended and reconsidered. Legitimate
purposes include but are not limited to preserving residential areas as livable neighborhoods and
preserving public health, safety and welfare.
Definitions:
AMATEUR RADIO (alsocalled ham radio) describes the use of radiofrequency spectra for purposes
of non-commercial exchange of messages, wireless experimentation, self-training, private
recreation and emergency communication.
AMATEUR RADIO SERVICE: A federally licensed amateur radio-communication service permitted
by right at any location for the principal purpose of self-training, intercommunication and technical
investigations carried out by amateurs, that is, duly authorized persons interested in radio
technique solely with a personal aim and without pecuniary interest particularly with respect to
providing emergency communications. Permanent structures associated with an amateur radio
service shall comply with all requirements of this chapter for an accessory structure for the zoning
district in which the structure is located.
GROUND-MOUNTED AMATEUR RADIO ANTENNA AND/OR AMATEUR RADIO ANTENNA SUPPORT
STRUCTURES: Amateur Radio Antenna and/or Amateur RadioAntenna SupportStructures that are
not fixed to any building or accessory structure.
ROOF-MOUNTEDAMATEUR RADIO ANTENNA AND/OR AMATEUR RADIO ANTENNA SUPPORT
STRUCTURES: Amateur Radio Antenna and/or Amateur RadioAntenna SupportStructures that are
fixed to any building or accessory structure.
OVERALL HEIGHT: The total height of the Amateur Radio Antenna and/or Antenna Support
Structure as measured frommean grade to the highest point of the Antenna, the Antenna Support
Structure or the combination thereof. For Roof-mounted Antenna and/or Antenna Support
Structures, the mean grade is measured fromthe established gradeadjoining the exterior walls of
the structure upon which the antenna or support structure is affixed. For Ground-mounted Amateur
Radio Antennas and/or Antenna Support Structures, the mean grade is measured at the
established grade adjoining such antenna and/or support structure.
General Requirements:
1. Amateur Radio Antenna and/or Amateur Radio Antenna Support Structure may be
permitted in all zoning districts. In addition unobtrusive wire antenna(e) not supported by a
structure(s) that is (are) otherwise not in compliance with the provisions of this section are
permitted in all zoning districts and are exempt fromthese provisionsto the extent that they
do not interfere with public utilities or can be otherwise deemed unsafe in any respects.

4. 2. In residential districts, Amateur Radio Antennae and/or Amateur Radio Antenna Support
Structures shall not be used for collocation of commercial antennae. In non-residential
districts, co-location of commercial antenna must comply with Zoning Ordinance
requirements applicable to WirelessCommunication Towers. An otherwise lawful Amateur
Radio Antenna may be installed on commercial antenna structures by agreement with the
owner of such commercial antenna structures.
3. All Amateur Radio Antennae and Amateur Radio Antenna Support Structures shall be in
compliance at all times with the FCC regulations pertaining to Amateur Radio Services.
4. All Amateur Radio Antennae and Amateur Radio Antenna Support Structures shall be in
compliance with the requirements of the Gerald R. Ford International Airport and Federal
Aviation Administration.
5. In Residential ZoningDistricts, Amateur Radio Antenna and Amateur Radio Antenna Support
Structures do not require any permit from the City’s Community Development Department
as long as the overall height, defined herein, doesnot exceed the maximumbuilding height
permitted in the respective zoning district by more than 15 feet. In Non-residential Districts,
Amateur Radio Antenna and Antenna Support Structures do not require any permit from
the City’s Community Development Department as long as the overall height does not
exceed the maximum building height permitted in the respective zoning district.
6. In Residential ZoningDistricts, Amateur Radio Antenna and Amateur Radio Antenna Support
Structures with an overall height exceeding the allowable maximum building height
permitted in the zoning district where the property is located by more than 15 feet, shall
require an Amateur Radio Antenna / Antenna Support Structure Permit from the City’s
Community Development Department. In Residential Districts, no Amateur Radio Antenna
and/or Antenna Support Structures shall be erected to a height that requires the
installation of lighting per Federation Aviation Administration rules and/or regulations.
7. In Non-residential Districts, Amateur Radio Antennae and Amateur Radio Antenna Support
Structures an overall height exceeding the allowable maximumbuilding height permitted in
the respective zoning district shall require an Amateur Radio Antenna / Antenna Support
Structure Permit from the City’s Community Development Department.
8. No more than two (2) Amateur Radio Antennae and/or Amateur Radio Antenna Support
Structure requiring a permit under this Section shall be permitted on a single lot.
9. All Amateur Radio Antenna and/or Amateur Radio Antenna Support Structures with an
overall height exceeding seventy (70) feet (but not exceeding one hundred (100) feet in
height) shall require the approval of the Zoning Administrator.
10. No Amateur Radio Antenna and/or Amateur Radio Antenna Support Structures shall have
an overall height exceeding one hundred ninety-five (195) feet. All Amateur Radio Antenna
and/or Amateur Radio Antenna Support Structures with an overall height exceeding one-
hundred (100) feet shall require a variance. The applicant for such a variance shall submit
to the City’s Community Development Department a certification by a licensed professional
engineer confirming the structural stability and soundness of the Antenna and/or Antenna
Support Structure prior to final approval.
11. No Roof-mounted Amateur Radio Antenna and/or Amateur Radio Antenna Support
Structures shall be fixed to the side of a structure that faces a street. Roof-mounted
Amateur Radio Antenna and/or Amateur Radio Antenna Support Structures may be
allowed on the roof as long as such antennas are not entirely on the front half of the roof
facing a street.
12. Ground-mounted Amateur Radio Antenna and/or Amateur Radio Antenna Support
Structures shall not be allowed in the front yard or a side yard facing a street.
13. No part of Amateur Radio Antenna and/or Amateur Radio Antenna Support Structuresshall
encroach within one (1) foot of any property line. Guy wires may be permitted in the side or

5. front yards provided no part of the anchors and/or the foundations shall encroach within
one (1) foot of any lot line.
14. Ground-mounted Amateur Radio Antenna and/or Amateur Radio Antenna Support shall be
set back at least ten (10) feet of any property line at its base (measured up to four (4) feet
from the mean grade). Guy wires may be permitted in the side yards provided no part of the
anchors and/or the foundations shall encroach within one (1) foot of any lot line.
15. Climbable Ground-mounted Amateur RadioAntenna and Antenna Support Structures shall
be completely enclosed by a fence at least five (5) feet and no more than seven (7) feet in
height or shall have appropriate anti-climb devicesattached up to a height of five(5) feet or
more.
16. Antenna and/or Antenna Support Structures requiring a permit under this section shall
require filing with the City’s Community Development Department, a copy of the
manufacturer’s specifications for construction, assembly and erection and a certification
from the owner and/or licensee that such specifications have beenfollowed in erecting the
subject structure. In the event of unavailability of manufacturer’s specifications,
certification by a licensed professional engineer must be filed with the City confirming the
structural stability and soundness of the antenna and/or support structure. If neither the
manufacturer’s specifications nor the certification can be made available, the antenna
and/or support structure shall be set back a distance of at least 50% of itstotal height from
the property line.
17. All Ground-mounted Amateur Radio Antenna and Antenna Support Structures shall be
structurally sound enough and so designed and installedas to withstand a wind speed of at
least one hundred (100) miles per hour.
18. No Amateur Radio Antenna and/or Antenna Support Structures shall be erected on
cemetery sites.
Permits, Construction, Maintenance and Removal :
1. Amateur Radio Antenna and Amateur Radio Antenna Support Structures shall be erected
within one (1) year of issuance of the permit. In the event of failure on the part of the
applicant to complete the installation within one (1) year, a renewal of the permit shall be
required.
2. Permits shall be required to be renewed if alterations affecting the overall height and
structural capacity of the permitted Amateur Radio Antenna and/or Amateur Radio
Antenna Support Structures are to be made.
3. The owner and/or licensee shall maintain a log that documents any and all alterations,
maintenance measures, structural condition and routineinspection reports of the Amateur
Radio Antennae or Amateur Radio Antenna Support Structures. The maintenance log shall
also include the manufacturer’s specifications where available and details of construction
and erection.
4. All Amateur Radio Antenna and Amateur Radio Antenna Support Structures are subject to
inspection by the City staff. The owner and/or licensee shall provide the City staff upon
request with a copy of the permit where applicable and the maintenance log.
5. In case the Amateur Radio Antenna and Amateur Radio Antenna Support Structures no
longer meet FCC required safety standards, the owner and/or licensee shall immediately
notify the same to the City’s Community Development Department along with the
measures being taken to restore the same. The owner and/or licensee shall be responsible
for the removal/replacement of the Amateur Radio Antenna and Amateur Radio Antenna
Support Structures as reasonably necessary to meet the requirements of this Section
6. The owner and/or licensee shall notify the City staff at least 30 days in advance of
cessation of ownership or leasehold rights on the subjectproperty and remove the Amateur

6. Radio Antennae and Amateur Radio Antenna Support Structures within 60 days of
termination of such rights. If the Amateur Radio Antennae and Amateur Radio Antenna
Support Structures are transferred to the ownership of a different individual, such individual
shall need to renew the permit with the City’s Community Development Department.
Zoning Administrator’s Approval Standards for Amateur Radio Antennas and Support Structures:
The Zoning Administrator shall approve all Amateur Radio Antenna and/or Amateur Radio
Antenna Support Structures where the overall height exceeds seventy (70) feet but does not
exceed one hundred (100) feet. The Zoning Administrator shall base his/her decision on the
following standards:
1. Structural stability and soundness: The applicant shall demonstrate structural stability and
soundness of the proposed Amateur Radio Antennae and/or Amateur Radio Antenna
Support Structures at his own expense. This can be achieved through either of the following:
a. Providing a copy of the manufacturer’s specification on assembly, construction and
erection, and a certification that such specification has been followed.
b. A certification by a licensed professional engineer confirming the structural stability and
soundness of the proposed Amateur Radio Antenna and/or Amateur Radio Antenna
Support Structures
2. Location: The proposed Amateur Radio Antenna and/or Amateur Radio Antenna Support
Structures shall be so locatedand installed as to be safe and to create minimum impact to
the surrounding properties. In addition, the Amateur Radio Antenna and/or Amateur Radio
Antenna Support Structures shall be set back from all lot lines a distance greater than or
equal to fifty-percent (50%) of its overall height
Submission Requirements for HAM Radio Operation:
1. The applicant will need to provide a copy of their FCC licenses: (a station license,
required under 47 CFR § 97.5, and the operator license(s) of thosewho will actually run
the station, required under 47 CFR § 97.7.
2. The applicant shall state the purpose/intended use of the radio station
3. The municipality should also require the applicant to submit any other documentation
that was required by the FCC, of special interest to zoning authorities would be an
Environmental Assessment required by the FCC in order to obtain a federal license.
The FCC requires an Environmental Assessment if a facility is located in an
officially designated wilderness area or wildlife preserve, is likely to affect
an endangered species, or may affect “districts, sites, buildings, structures
or objects significant in American history, architecture, archaeology,
engineering or culture, that are listed, or are eligible for listing, on the
National Register of Historic Places.” 47 CFR § 1.1307, as applied to
amateur radio stations by 47 CFR § 97.13.
4. The applicant shall provide the technical information on the antenna height required to
operate at the licensed frequency at the specific site.
5. Any tower in excess of 70-feetin height shall be a retractabletower and when the radio
is not in operation the tower shall be retracted.
6. The applicant should note whether a retractable antenna will be used.
7. The applicant needs to specify the days and hours of operation