Bill Text: OH HB158 | 2011-2012 | 129th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To codify federal restrictions on local zoning of amateur station antenna structures thereby preserving amateur radio service communications as a Homeland Security resource and to place the burden of proof for compliance on the zoning authority.

Spectrum: Slight Partisan Bill (Republican 27-9)

Status: (Passed) 2012-08-15 - Effective Date [HB158 Detail]

Download: Ohio-2011-HB158-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 158

Representatives Stebelton, Okey 

Cosponsors: Representatives Gardner, Grossman, Hackett, Huffman, Letson, Murray, Schuring, Yuko 

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A BILL

To enact sections 303.214, 519.214, 713.082, and

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5502.031 of the Revised Code to codify federal

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restrictions on local zoning of amateur station

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antenna structures thereby preserving amateur

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radio service communications as a Homeland

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Security resource and to place the burden of proof

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for compliance on the zoning authority.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 303.214, 519.214, 713.082, and	8
5502.031 of the Revised Code be enacted to read as follows:	9

Sec. 303.214.  County rural zoning commissions, boards of	10
county commissioners, and county boards of zoning appeals shall	11
comply with section 5502.031 of the Revised Code.	12

Sec. 519.214.  Township zoning commissions, boards of	13
township trustees, and township boards of zoning appeals shall	14
comply with section 5502.031 of the Revised Code.	15

Sec. 713.082.  The legislative authorities of municipal	16
corporations, planning commissions established under section	17
713.01 of the Revised Code, and administrative boards created	18
under section 713.11 of the Revised Code shall comply with section	19
5502.031 of the Revised Code.	20

Sec. 5502.031.  (A) As used in this section:

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(1) "Amateur radio service" means the amateur service, the	22
amateur-satellite service, and the radio amateur civil emergency	23
service as provided for under 47 C.F.R. part 97.	24

(2) "Amateur station" means a station in an amateur radio	25
service consisting of the apparatus necessary for carrying on	26
radio communications.	27

(3) "Legislative authority" means the following:

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(a) With respect to a county, any county rural zoning	29
commission, board of county commissioners, or county board of	30
zoning appeals;	31

(b) With respect to a township, any township zoning	32
commission, board of township trustees, or township board of	33
zoning appeals;	34

(c) With respect to a municipal corporation, the legislative	35
authority of any municipal corporation, a planning commission	36
established under section 713.01 of the Revised Code, or an	37
administrative board created under section 713.11 of the Revised	38
Code.	39

(B) Sections 303.01 to 303.25, 303.99, 519.01 to 519.25,	40
519.99, and 713.06 to 713.15 of the Revised Code do not confer on	41
any legislative authority the authority to preclude amateur radio	42
service communications. Any rules adopted under those sections by	43
a legislative authority to regulate amateur radio service shall	44
comply with the following limitations:	45

(1) The legislative authority shall not restrict the height	46
or location of amateur station antenna structures in such a way as	47
to prevent effective amateur radio service communications. For	48
purposes of structure restrictions, seventy-five feet shall be	49
presumed a reasonable antenna structure height.	50

(2) The rules shall reasonably accommodate amateur station	51
communications and shall constitute the minimum practicable	52
regulation necessary to accomplish the legislative authority's	53
purpose.	54

(C) Any legislative authority that denies an application for	55
approval of an amateur station antenna structure shall state the	56
reasons for the denial and shall, on appeal, bear the burden of	57
proving that the authority's actions are consistent with this	58
section.	59