G1B06: Under what conditions are state and local governments permitted to re…

G1B06§ 97.15(b), PRB-1, 101 FCC 2d 952 (1985)G1B →

Under what conditions are state and local governments permitted to regulate amateur radio antenna structures?

AUnder no circumstances, FCC rules take priority
BAt any time and to any extent necessary to accomplish a legitimate purpose of the state or local entity, provided that proper filings are made with the FCC
COnly when such structures exceed 50 feet in height and are clearly visible 1,000 feet from the structure
DAmateur Service communications must be reasonably accommodated, and regulations must constitute the minimum practical to accommodate a legitimate purpose of the state or local entity

Why PRB-1 (1985) and its codification in 97.15(b) create a limited federal preemption: state and local rules that affect amateur antennas must reasonably accommodate amateur communications and must be the minimum practicable regulation needed to serve the locality's legitimate purpose, such as safety or aesthetics. So localities do keep zoning authority, but it is constrained by that two-part test. The FCC did not set a specific height number; the standard is a balancing test applied case by case.

Watch out The idea that FCC rules always win and localities have no say is tempting but wrong, since PRB-1 is only a limited preemption; likewise, no rule ties local authority to a 50 foot height or 1,000 foot visibility threshold, and no FCC filing gives a locality free rein.

PRB-1 two-part test: reasonable accommodation plus minimum practicable regulation.

HamSandwich explanation, first draft. The question and answers are the NCVEC text.

47 CFR 97.15(b) Station antenna structures.

(a) Owners of certain antenna structures more than 60.96 meters (200 feet) above ground level at the site or located near or at a public use airport must notify the Federal Aviation Administration and register with the Commission as required by part 17 of this chapter.

(b) Except as otherwise provided herein, a station antenna structure may be erected at heights and dimensions sufficient to accommodate amateur service communications. (State and local regulation of a station antenna structure must not preclude amateur service communications. Rather, it must reasonably accommodate such communications and must constitute the minimum practicable regulation to accomplish the state or local authority's legitimate purpose. See PRB-1, 101 FCC 2d 952 (1985) for details.)

eCFR text as of 1 Sep 2026 · read on ecfr.gov

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