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Sub. H. B. No. 158 As Enrolled
(129th General Assembly)
(Substitute House Bill Number 158)
AN ACT
To enact sections 303.214, 519.214, 713.082, and
5502.031 of the Revised Code 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.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 303.214, 519.214, 713.082, and
5502.031 of the Revised Code be enacted to read as follows:
Sec. 303.214. County rural zoning commissions, boards of
county commissioners, and county boards of zoning appeals shall
comply with section 5502.031 of the Revised Code.
Sec. 519.214. Township zoning commissions, boards of
township trustees, and township boards of zoning appeals shall
comply with section 5502.031 of the Revised Code.
Sec. 713.082. The legislative authorities of municipal
corporations, planning commissions established under section
713.01 of the Revised Code, and administrative boards created
under section 713.11 of the Revised Code shall comply with section
5502.031 of the Revised Code.
Sec. 5502.031. (A) As used in this section:
(1) "Amateur radio service" means the amateur service, the
amateur-satellite service, and the radio amateur civil emergency
service as provided for under 47 C.F.R. part 97.
(2) "Amateur station" means a station in an amateur radio
service consisting of the apparatus necessary for carrying on
radio communications.
(3) "Legislative authority" means the following:
(a) With respect to a county, any county rural zoning
commission, board of county commissioners, or county board of
zoning appeals;
(b) With respect to a township, any township zoning
commission, board of township trustees, or township board of
zoning appeals;
(c) With respect to a municipal corporation, the legislative
authority of any municipal corporation, a planning commission
established under section 713.01 of the Revised Code, or an
administrative board created under section 713.11 of the Revised
Code.
(B) Sections 303.01 to 303.25, 303.99, 519.01 to 519.25,
519.99, and 713.06 to 713.15 of the Revised Code do not confer on
any legislative authority the authority to preclude amateur radio
service communications. Any rules adopted under those sections by
a legislative authority to regulate amateur radio service shall
comply with the following limitations:
(1) The legislative authority shall not restrict the height
or location of amateur station antenna structures in such a way as
to prevent effective amateur radio service communications and
shall comply with 47 C.F.R. 97.15.
(2) The rules shall reasonably accommodate amateur station
communications and shall constitute the minimum practicable
regulation necessary to accomplish the legislative authority's
purpose.
(C) Any legislative authority that denies an application for
approval of an amateur station antenna structure shall state the
reasons for the denial and shall, on appeal, bear the burden of
proving that the authority's actions are consistent with this
section.
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