2006 Indiana Code - CHAPTER 5.2. REGULATION OF AMATEUR RADIO ANTENNAS
Chapter 5.2. Regulation of Amateur Radio Antennas
IC 36-7-5.2-1
Limited federal preemption
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.
As added by P.L.109-2003, SEC.1.
IC 36-7-5.2-2
Municipal or county ordinance
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.
As added by P.L.109-2003, SEC.1.
IC 36-7-5.2-3
Historic district
Sec. 3. 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.
As added by P.L.109-2003, SEC.1.
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