GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

 

 

SESSION LAW 2007-147

HOUSE BILL 1340

 

 

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 becomes effective October 1, 2007.

In the General Assembly read three times and ratified this the 26th day of June, 2007.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 2:16 p.m. this 29th day of June, 2007