76-2-240. Effect on amateur radio antenna. A resolution or rule adopted pursuant to this part may not:

(1) prevent the erection of an amateur radio antenna at heights and dimensions sufficient to accommodate amateur radio service communications by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States; or

(2) establish a maximum height limit for an amateur radio antenna of less than 100 feet above the ground.