Session of 2000
By Representative Jim Morrison

  9             AN  ACT relating to public safety; concerning restrictions on the place-
10             ment and erection of towers and antennas used for amateur radio
11             communications.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. (a) In order to enhance and preserve the operation of
15       amateur radio operations and to ensure its continued role in preserving
16       the public peace, health, safety and welfare of Kansas and its communi-
17       ties, there is hereby created an act which may be known and cited as the
18       Kansas amateur radio service act.
19             (b) With respect to property which has been zoned for agricultural,
20       commercial or residential purposes, all city and county ordinances or
21       other regulations which involve placement, screening or height of anten-
22       nas based on health, safety or aesthetic considerations must be crafted to
23       reasonably accommodate amateur radio communications, and to repre-
24       sent the minimum practicable regulation to accomplish the city or
25       county's purpose. Such regulations shall conform at all times with the
26       rules of the federal communications commission as set forth in PRB-1,
27       amateur radio preemption, 101 FCC 2d 952 (1985).
28             (c) No city or county may restrict the number of structures used to
29       support amateur radio towers or antennas as long as the operator of the
30       antenna or tower conforms with customary and reasonable engineering
31       practices with respect to erecting the tower or antenna.
32             (d) No city or county shall require a permit, assess a fee or otherwise
33       restrict the construction of amateur radio antennas or towers below pre-
34       scribed minimum heights on property zoned or used for various purposes
35       as follows:
36             (1) For property used for the placement of mobile homes, zoned for
37       multiple family residential purposes or real property used or zoned for
38       any purpose, but less than one acre in size, the minimum height shall be
39       80 feet;
40             (2) for real property zoned or used for any purpose as described in
41       subsection (b), but one to five acres in size, the minimum height shall be
42       150 feet; and
43             (3) for real property zoned or used for any purpose as described in


  1       subsection (b), but over five acres in size, the minimum height shall be
  2       200 feet.
  3             (e) The provisions of this act shall not apply to property zoned, used
  4       or designated as a public park or preserve, a memorial, an historic site or
  5       property exempted by private restrictive covenants.
  6        Sec.  2. This act shall take effect and be in force from and after its
  7       publication in the statute book.