(1) A board may adopt and enforce an ordinance or resolution authorizing the board to impose a civil penalty on the owner or operator of a new wind-powered energy generation facility in the amount of one thousand dollars per day if the board determines that the owner or operator of the facility was required to, but failed to, comply with section 38-30.7-106. (2) One or more contiguous counties and any municipality within each county may enter into an intergovernmental agreement to extend the applicability of any ordinance or resolution adopted under this section to and throughout a participating county or municipality. (3) As used in this section, unless the context otherwise requires: (a) "Board" means the board of county commissioners in the county in which a wind- powered energy generation facility is located or will be located. (b) "Wind-powered energy generation facility" or "facility" means a facility, with a nameplate capacity of fifty kilowatts or greater, used in the generation of electricity by means of turbines or other devices that capture and employ the kinetic energy of the wind.
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