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Author Topic: New Mexico tower accommodation law?  (Read 3809 times)
KD8Z
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Posts: 169




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« on: May 12, 2012, 10:08:12 AM »

I have been reading about the New Mexico tower/antenna law that says the HOA's, ETC. must reasonable accommodate such devices.  Can anyone explain to me how this law is implemented?  If this law has teeth?  Or is this law simply overlooked and towers and antennas are not part of a HOA landscape?

73
KD8Z 
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N3WAK
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Posts: 274




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« Reply #1 on: May 13, 2012, 03:37:00 AM »

Well, can you tell us something about the law first.  For example, what is its designation in the state code?  Does it have a statute number--e.g., title "x" and section "y"?  Give us something specific and we might be able to help out. 

73, Tony
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NN4RH
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Posts: 304




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« Reply #2 on: May 13, 2012, 05:43:43 AM »

I just searched New Mexico state laws online and the only thing I can find about amateur radio antennas is this, which is basically PRB-1:

5-12-1. Amateur radio antennas; limit on regulations.

A.     Amateur radio antenna towers constructed prior to the effective date of this section are exempted from subsequent changes in zoning regulations by the municipality or county and may be repaired as required.   
   
B.     A municipality or county should reasonably accommodate amateur radio service communications by allowing antenna structures to be erected at heights and dimensions sufficient to accommodate amateur radio service communications, but a municipality or county may regulate amateur radio antennas by requiring amateur radio antennas or support structures to meet screening, setback and placement, construction and health and safety standards. However, the regulation should constitute the minimum practicable regulation to accomplish the local municipality's or county's purpose.   

C.     As used in this section, "amateur radio antenna" means an antenna structure operated by a federally licensed amateur radio operator for amateur radio activities and does not mean citizens band or commercial antennas.   


It only applies to "municipality or county", not to HOAs. Unless there's a new law that isn't published yet.
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N3WAK
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Posts: 274




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« Reply #3 on: May 19, 2012, 09:15:03 AM »

KD8Z:  Any help here?  You posted and then disappeared. 

73, Tony
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KD8Z
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Posts: 169




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« Reply #4 on: May 19, 2012, 08:37:02 PM »

That is more than I could find.  I figured that it had no teeth as far as HOA's and some of the very restrictive rules or even elimination of ham equipment in general.  I hope this new FCC initiative will have some positive effect on the HOA's and the tyrannical rule therein.  I am running out of ideas/chances in finding a ham friendly home in NM that is near our intended area and still affordable.

73
Dale
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K5LXP
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Posts: 4449


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« Reply #5 on: May 20, 2012, 07:01:57 AM »

I hope this new FCC initiative will have some positive effect on the HOA's and the tyrannical rule therein.

I wouldn't bet on that.

Quote
I am running out of ideas/chances in finding a ham friendly home in NM that is near our intended area and still affordable.

What area is that?

Mark K5LXP
Albuquerque, NM
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N4UM
Member

Posts: 454




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« Reply #6 on: May 20, 2012, 10:08:05 AM »

I hope this new FCC initiative will have some positive effect on the HOA's and the tyrannical rule therein. 

There is no "FCC initiative." The FCC has been ducking this issue for decades.  Any "initiative" that might come to pass will be because of congress and the active participation of radio amateurs.
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