§ 29-20-109 — Local government regulation of amateur radio antennas

Colorado § 29-20-109

• Jurisdiction: Colorado
• Title 29: Government
• Art.: Local Government Regulation of Land Use

Text

(1) No
local government shall enact or enforce an ordinance or resolution regulating
amateur radio antennas that fails to conform to the limited preemption set forth in
the memorandum opinion and order PRB-1 entitled Federal Preemption of State
and Local Regulations Pertaining to Amateur Radio Facilities, 101 FCC 2d 952
(1985), issued by the federal communications commission and further codified in 47
CFR 97.15 (b). An ordinance or resolution adopted by a local government that
regulates amateur radio antennas shall conform to the limited federal preemption
which provides that local government regulations involving the placement,
screening, or height of antennas must:

(a) Be based on health, safety, or aesthetic considerations;

(b) Be crafted to reasonably accommodate amateur communications; and

(c) Represent the minimum practicable regulation required to accomplish
the local government's legitimate purpose.

Legislative History

Source: L. 2015: Entire section added, (SB 15-041), ch. 26, p. 65, � 1, effective August 5.