North Dakota Code § 49-22-16.4

Light-mitigating technology system - Rules
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1. The commission shall adopt rules by January 1, 2019, relating to the implementation 
of light-mitigating technology systems on wind energy conversion facilities. The rules 
must be consistent with the federal aviation administration regulations [14 CFR 
1.1 et seq.] and must include service and maintenance requirements, safety 
standards, and lighting system requirements.
2. By December 31, 2019, every wind energy conversion facility for which the 
commission issued a certificate of site compatibility after June 5, 2016, must be 
equipped with a functioning light-mitigating technology system that complies with rules 
adopted by the commission. The commission may grant a waiver or an extension of 
time based on technical or economic feasibility considerations.
3. By December 31, 2021, every wind energy conversion facility for which the 
commission issued a certificate of site compatibility before June 5, 2016, must be 

equipped with a functioning light -mitigating technology system that complies with the 
rules adopted by the commission. The commission may grant a waiver or an extension 
of time based on technical or economic feasibility considerations.
4. Any costs associated with the implementation, operation, and maintenance of 
light-mitigating technology systems are the sole responsibility of the wind energy 
conversion facility owner.

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