Until such time the Brewster Zoning Bylaws specifically addresses Amateur Radio
Communication Antennas, this policy will guide the decisions of the Brewster Building
Chapter 225 of the Acts of 1995 amended the Massachusetts General Law, Chapter 40A, Section
3 to reflect provisions of a Federal Law (at 47 CFR 97.15 (e)). Essentially this MGL revision
clarifies the rights of Federally Licensed Amateur Operators to install an antenna structure and
generally outlines the limitations set on municipalities to regulate antennas and their supporting
structures. Whereas MGL Chapter 40A, Section 3 states that no zoning bylaw shall prohibit the
construction or use of an antenna structure by a federally licensed amateur radio operator, these
bylaws may reasonably regulate the location and height of such antenna structures for the
purposes of health, safety and aesthetics.
Antenna structures for federally licensed amateur radio operators may be allowed to be
constructed under the following provisions of this policy.
1. A building permit application shall be submitted with adequate information concerning
location, height above surrounding area, structural information and a copy of the Federal
License issued for amateur radio operators.
2. The maximum height limit for said antenna structure shall be 70 feet above the
surrounding natural grade. According to Antenna Height and Communications
Effectiveness, Second Edition, a 70 foot antenna would be the best overall choice to
cover all of the elevation angles, wavelengths and frequencies.
3. The placement of the antenna structure shall be so located that the distance to any
property line shall be equal to or greater than the height of the antenna and supporting
4. That all other applicable Municipal, State and Federal rules and regulations are satisfied
including but not limited to Municipal Conservation Commission, Old Kings Highway
Regional Historic District and State Building Code.
Available for download in our Forms and Documents library.