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.
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