CHAPTER 5.2. REGULATION OF AMATEUR RADIO ANTENNAS

IC 36-7-5.2
    Chapter 5.2. Regulation of Amateur Radio Antennas

IC 36-7-5.2-1
Limited federal preemption
    Sec. 1. A municipality or county may not enact or enforce anordinance, a resolution, or an order that does not comply with theruling of the Federal Communications Commission in "AmateurRadio Preemption, 101 FCC 2d 952 (1985)" or a regulation relatedto the amateur radio service adopted under 47 CFR Part 97.
As added by P.L.109-2003, SEC.1.

IC 36-7-5.2-2
Municipal or county ordinance
    Sec. 2. If a municipality or county adopts an ordinance, aresolution, or an order involving the placement, screening, or heightof an amateur radio antenna based on health, safety, or aestheticconditions, the ordinance, resolution, or order must:
        (1) reasonably accommodate amateur radio communications;and
        (2) represent the minimal regulation practicable to accomplishthe municipality's or county's legitimate purpose.
As added by P.L.109-2003, SEC.1.

IC 36-7-5.2-3
Historic district
    Sec. 3. This chapter does not prohibit a municipality or countyfrom taking action to protect or preserve a historic, a historical, or anarchitectural district that is established by the municipality or countyor under state or federal law.
As added by P.L.109-2003, SEC.1.