00                            SENATE BILL NO. 78                                                                          
01 "An Act relating to municipal regulation of radio antennas."                                                            
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 29.10.200 is amended by adding a new paragraph to read:                                           
04                 (60)  AS 29.35.141 (regulation of radio antennas).                                                      
05    * Sec. 2.  AS 29.35 is amended by adding a new section to read:                                                    
06            Sec. 29.35.141.  Regulation of radio antennas.  (a)  A municipality that                                   
07       regulates the placement, screening, or height of radio antennas must reasonably                                   
08       accommodate amateur radio antennas.  A municipality may require reasonable and                                    
09       customary engineering practices to be followed in the erection of amateur radio                                   
10       antennas.  A municipality may impose only the minimum requirements relating to                                    
11       amateur radio antennas that are necessary to accomplish the legitimate purposes                                   
12       intended to be served by the requirements.                                                                        
13            (b)  A municipality may not restrict the number of support structures for an                                 
14       amateur radio antenna.  Based on the most recently published United States census, a                              
15       municipal restriction on amateur radio antenna height may not be lower than                                       

01                 (1)  200 feet above ground level as permitted by the Federal                                            
02       Communications Commission in an area with a population density of 120 or less per                                 
03       square mile;                                                                                                      
04                 (2)  75 feet above ground level in an area with a population density of                                 
05       more than 120 per square mile for an antenna on a lot that is smaller than one acre; or                           
06                 (3)  140 feet above ground level in an area with a population density of                                
07       more than 120 per square mile for an antenna on a lot that is one acre or larger.                                 
08            (c)  Subject to (a) and (b) of this section, a municipality may, by ordinance,                               
09       impose requirements to meet clearly defined objectives relating to screening,                                     
10       placement, aesthetic, and health and safety factors with respect to the erection,                                 
11       maintenance, and operation of amateur radio antennas.                                                             
12            (d)  This section applies to home rule and general law municipalities.