1.As used in this section, unless the context otherwise requires:
a."Anemometer" means an instrument for measuring and recording the speed of
wind.
b."Anemometer tower" means a structure, including all guy wires and accessory
facilities, on which an anemometer is mounted for the purposes of documenting
wind resources for the operation of a wind turbine generator.
c."Commission" means the North Dakota aeronautics commission.
2.An anemometer tower that is fifty feet [15.24 meters] in height above the ground or
higher, is located outside the zoning jurisdiction of a city, and the appearance of which
is not otherwise regulated by state or federal law must be marked, painted, flagged, or
otherwise constructed to be recognizable in clear air during daylight hours and:
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1. As used in this section, unless the context otherwise requires:
a. "Anemometer" means an instrument for measuring and recording the speed of
wind.
b. "Anemometer tower" means a structure, including all guy wires and accessory
facilities, on which an anemometer is mounted for the purposes of documenting
wind resources for the operation of a wind turbine generator.
c. "Commission" means the North Dakota aeronautics commission.
2. An anemometer tower that is fifty feet [15.24 meters] in height above the ground or
higher, is located outside the zoning jurisdiction of a city, and the appearance of which
is not otherwise regulated by state or federal law must be marked, painted, flagged, or
otherwise constructed to be recognizable in clear air during daylight hours and:
a. Must be painted in equal, alternating bands of orange and white, beginning with
orange at the top of the tower and ending with orange at the bottom of the tower;
b. One or more seven-foot [2.13-meter] safety sleeves must be placed at each
anchor point and must extend from the anchor point along each guy wire
attached to the anchor point; and
c. At least one marker ball must be attached to each guy wire in the highest set of
guy wires which does not affect the stability of the tower and the measurement of
wind speed.
3. The commission may establish and maintain a database that contains locations of all
existing anemometer towers by January 1, 2012. The commission may contract with a
governmental entity or a private entity to create and maintain the database.
a. Within sixty days after April 26, 2011, an owner of any anemometer tower erected
in the state shall provide the commission with global positioning system
coordinates of the center of the anemometer tower.
b. At least ten days before the erection of an anemometer tower, an owner of the
tower shall provide coordinates to the commission.
c. Within ten days after the removal of an anemometer tower, an owner of the tower
shall notify the commission.
4. The commission may enforce this section. A violation of this section is an infraction.