Sec. 240.082. APPLICABILITY. (a) This subchapter applies only to real property that is located in the unincorporated area of a county with a population of 2.1 million or more. (b) This subchapter does not apply to: (1) existing communication facilities or other structures used for the purpose of colocation, provided the height is not increased by more than 10 feet; (2) a communication facility structure built to replace an existing communication facility structure if: (A) the replacement communication facility structure is constructed within 50 feet of the existing communication facility structure; (B) the replacement communication facility structure is no higher than and constructed for the same purpose as the existing communication facility structure; and (C) the existing communication facility structure is removed not later than the 14th day after the date the replacement communication facility begins operations; or (3) a communications antenna, antenna facility, or antenna tower or support structure located in a residential area that is used by an amateur radio operator exclusively for amateur radio communications or public safety services.
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