North Carolina is the latest state to adopt legislation that guarantees most radio hams can erect and use antennas.On Friday, June 29th, North Carolina Governor Mike Easley signed HB 1340, also known the ‘Amateur Radio Antenna bill’ into law.
The measure, which is crafted to follow the guidelines set forth in the FCC’s Federal Preemption Order PRB-1, permits antennas up to 90 feet in height in areas regulated solely by municipal ordinances.
However like in other states, the North Carolina measure does not override those Conditions, Covenants and Restrictions which might preclude antennas or even the ownership or use of radio transmitting gear by those who have signed deeds with those restrictions built in.
Such CCR’s are still deemed to be personal contracts between a buyer and a seller. As such, they remain outside the realm of federal or state regulation. They were also specifically excluded when PRB-1 was enacted.
The North Carolina bill was introduced in February. It passed
unanimously in both the House and the Senate and takes effect October 1st. With this action, North Carolina becomes the 25th state to enact laws that guarantee the rights of its ham radio operators to have the antennas they need to go on the air.