SB 78: "An Act relating to municipal regulation of radio antennas."
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.