This ham radio tower, shown at its base, allows amateur radio operators to communicate with people from all over the world. Deschutes County is considering height limits on such towers.

Rex Auker’s backyard east of Bend looks out over mountains, trees and well-kept farmland. But when he heads into his acreage to check on his horses or give his dogs a little exercise, he sees something else: a 120-foot radio tower complete with nine guy wires in his neighbor’s yard.

Auker filed a complaint in April 2006 about the tower, which his neighbor, Bob Swaney, uses to operate his ham radio.

That complaint has morphed into a public hearing Monday to consider a Deschutes County code amendment that could place restrictions on how high ham radio operators can build their towers.

Amateur radio operators, also called ham operators, use radio equipment to communicate with each other around the world, verbally or through Morse code.

They do not use their radio operations for monetary gain and often mix their hobby with public service, helping out with search and rescue missions or during natural disasters. There are an estimated 500 ham radio operators who are members of three clubs in Central Oregon.

The proposed changes pit people like Auker, who don’t want to look out over antennae instead of mountains and worry about property values, against ham radio enthusiasts who say the antennae are not just an integral part of their hobby, but also a public service.

The Deschutes County Board of Commissioners will examine two proposals that would amend the current code.

The first exempts amateur radio facilities from any height rules on buildings or towers that the county has, but the towers would need to meet specific design and permit requirements. Kristen Maze, an associate planner for Deschutes County, said amateur radio enthusiasts are OK with that proposal.

The other option, recommended by the Deschutes County Planning Commission, would be more restrictive. It would require a site plan for any towers taller than 75 feet, charge an additional fee and require the owner to go through a hearing and a process that notifies the neighbors.

Swaney could not be reached Friday for comment. But Dick Frey, president of the Central Oregon DX Club and a ham radio enthusiast for 47 years, is friends with Swaney through the amateur radio club. Frey has lived in eight states, entering ham radio contests and communicating with people from every country in the world, and he said he’s never had people oppose his radio tower.

Frey lives off of 15th Street in Bend city limits. His 75-foot tower is nearly invisible from the street, nestled in a stand of trees. When he moved to Bend in 1997, he said, he checked county and city codes and found that they provided exceptions for antenna masts and aerials up to 75 feet.

“That phrase has mysteriously and without due process evaporated from the county code,” Frey said. “And we don’t know why.”

Frey admits that Auker has a point, to some extent.

“Bob Swaney moved to that area with the express purpose of growing antennae. It’s what we call an antennae farm,” he said. “But it’s an (exclusive farm use) area. It’s within his right to grow whatever he wants. Even aluminum.”

Maze said the county sent notices to everybody who lives in the county outside of city limits and the urban growth boundary to let them know that it is considering code changes and about the public hearing.

Federal law, Frey said, states that no community can enact a law that makes it difficult or impossible for ham radio operators to do their work. State law also protects them.

A Federal Communications Commission lawsuit in 2002 held that neighborhoods can enact covenant, conditions and restrictions that prohibit towers.

The issue, though, is that Auker believes there is already a specific code in place that applies to amateur radio towers. He believes that the amateur radio towers are wireless telecommunications facilities, which are defined as unstaffed facilities that transmit radio frequency signals. There is already a code in Deschutes County for those types of facilities, which are divided up into three tiers and can exceed 65 feet if a site plan and permit are approved.

Auker also believes that his neighbor’s tower may violate zoning laws.

Frey disagrees with Auker’s theory that private amateur radio enthusiasts should have to comply with the same rules as the corporations that build cell phone towers. He said since they are built on private land, not being used for profit and are providing a public service, amateur radio operators shouldn’t be forced to pay expensive permit fees.

And Frey believes his hobby is providing a valid public service.

“The county sheriff loves it, because every time there’s a search and rescue operation in the Mount Bachelor basin area, the county, city, Forest Service, (and other groups) have no radio contact,” he said. “It is only the contact provided by hams that allow a coordinated search and rescue back there. We do a public service.”

Frey and other ham radio club members believe the planning commission’s recommended plan is against state and federal law.

“The (county) found a place where there were no rules and they’re doing the politically correct approach by saying that they’ll take everybody’s input and average it,” Frey said.

Auker understands firsthand how helpful ham radio operators can be. When engaged to his wife and stationed on a Coast Guard cutter in Seattle years ago, one of the only ways that he could get in touch with her was by connecting with a ham radio operator who would call her collect and set up a phone patch with him.

But he also worries that if one of the guy wires snaps, it might bring down his fence and allow his horses to escape. More than that, he’s frustrated looking at the tower every day.

“I feel cheated,” he said. “We bought here because we have horses and we wanted to get away from the big city … this is one of the most beautiful sites, with the mountains.”

The land along Stenkamp Road is almost all zoned for exclusive farm use, and Auker fears that his land and home will decrease in value if the tower stays put.

“Certainly in today’s market … if we decided to sell that would be such a negative that people would just go look at other properties,” he said. “Common sense says that it drops the property value.”

In addition to the aesthetics, Auker said that he has experienced problems with his satellite television as a result of the tower, which he believes is visible up to a mile away.

Maze said she’d heard from several people who are concerned about towers going into their neighborhoods.

“I worked very hard to mitigate the visual impact of my insanity,” Frey said, laughing. “(Swaney) put (his tower) in a place that made the most sense on his property. Unfortunately the fact is that it’s just south of (Auker’s) garage.”

If you go

Public hearing on ham radio facilities and services

• Deschutes County Board of Commissioners

• Monday, 5 p.m.

• Deschutes County Services Center1300 N.W. Wall St., Bend

• For more information call the Community Development Planning Division at 388-6575 or go to www.deschutes.org/cdd.