Amateur Radio Emergency Preparedness Act

Summary

Preempts private land use rules (like homeowners association covenants) from banning, restricting, or otherwise impairing amateur radio operators from installing, operating, or maintaining outdoor amateur station antennas on property they control, while allowing reasonable, safety- and code-based limits. It creates specific limits on prior-approval requirements (including a 45-day default approval), protects small and certain dual-use antennas from approval requirements, and requires any permitted restrictions to be applied reasonably.

• Private land-use rules (like HOA covenants) cannot ban or unreasonably restrict amateur radio antennas on property controlled by the operator.
• Permitted restrictions include compliance with manufacturer specs, building codes, zoning/tower ordinances, and reasonable safety and screening requirements.
• Prior-approval processes are limited: applications cannot demand excess information, approvals are deemed granted after 45 days of inaction, and pre-purchase unrecorded rules cannot be enforced.
• Small antennas under 1 meter, certain dual-use flagpole antennas up to 43 feet, and minimally obtrusive wire antennas are categorically protected from prior-approval requirements.
• Antennas must be removed when the operator ceases to control the property, and associations may require removal for unsafe or deteriorated components.
• All permitted restrictions must be applied and enforced reasonably (no discriminatory or arbitrary enforcement).
• The change is narrowly targeted to amateur radio emergency preparedness and does not create funding, tax changes, or broad modifications to public zoning authority.